Whereas there was
this day read at the Board a Representation from the Lords Commisioners of His
Majesty’s Treasury dated the 2nd of this Instant in the words following vizt
“We the
Commissioners of your Majesty’s Treasury beg leave humbly to represent to your
Majesty, that whereas by an act passed in the last Session of the last
Parliament intituled An Act for the more easy and effectual recovery of the
Penalty’s and Forfeitures inflicted by the Acts of Parliament relating to the
Trade or Revenues of the British Colonies and plantations in America. It is
enacted that from and after the first day of September 1768. all forfeitures
and Penaltys inflicted by any Act or Acts of Parliament relating to the Trade
or Revenues of the British Colonies or Plantations in America may be prosecuted
sued for and recovered in any Court of Vice Admiralty appointed or to be
appointed and which shall have jurisdiction within the Colony Plantation or
Place where the cause of such prosecution or suit shall have arisen and that in
all cases where any Prosecution or suit shall be commenced and determined for
any penalty or forfeiture inflicted by any such Act or Acts of Parliament in
any Court of Admiralty in the respective Colony or Plantation where the Offence
shall be committed either party who shall think himself aggrieved by such
Determination may appeal from such Determination to any Court of Vice Admiralty
appointed or to be appointed and which shall have Jurisdiction within such
Colony or Plantation or Place—And whereas it will greatly contribute to the due
Collection of your Majesty’s Revenue and to the prevention and punishment of
Frauds committed against the same and will likewise tend to the more speedy and
effectual administration of Justice within the said Colonies and Plantations
and be agreable to the Intention of the Legislature in passing the said Act
that a sufficient number of such Courts of Vice Admiralty be consituted and
established at proper and convenient places within the said Colonies and
Plantations.
We humbly submit to
your Majesty whether it may not be expedient and necessary for the purposes
above mentioned to revoke the Commission appointing one only Court Vice
Admiralty over all America and in lieu thereof to establish four other Courts
of Vice Admiralty the first at Halifax in the province of Nova Scotia the
second at Boston in the Province of New England the third at Philadelphia in
the Colony of Pensylvania and the fourth at Charles Town in the Colony of South
Carolina: The said Courts to have Jurisdiction within certain Districts to be
allotted to them respectively by your Majesty And We humbly lay before your
Majesty the enclosed plan of Districts proper to be allotted to the said Courts
which we submit to your Majesty’s consideration each of the Judges of the said
Courts respectively to be allowed such Salary as your Majesty shall think proper
to be paid in the first place out of your Majesty’s Moiety of the money arising
from any Penalties and Forfeitures to be levied within the said Colonies and
Plantations and if this Fund shall not be sufficient out of the money arising
from the sale of old Naval Stores and the said Judges to be expressly enjoined
in their Commissions upon pain of loosing their Offices not to take any Fee or
Gratuity whatsoever for any Judgment given or “business done in their
respective Courts.”
His Majesty taking
the same into His Royal Consideration is pleased with the advice of His Privy
Council to approve thereof and accordingly to order as it is hereby ordered
that a Commission be passed under the Great Seal authorizing the Lords
Commissioners of the Admiralty to revoke the Commission appointing one only
Court of Vice Admiralty over all America and empowering them in the lieu
thereof to establish four other Courts of Vice Admiralty the first at Halifax
in the Province of Nova Scotia, the second at Boston in the Province of New
England, the third at Philadelphia in the Colony of Pensylvania and the fourth
at Charles Town in the Colony of South Carolina as proposed by the aforegoing
Representation of the Lords Commissioners of His Majesty’s Treasury and the
plan of Districts to be allotted to such Courts hereunto annexed—And the Right
Honourable the Earl of Hillsborough one of His Majesty’s principal Secretarys
of State is to cause a Warrant to be prepared for His Majesty’s Royal Signature
in order to pass such Commission under the Great Seal accordingly.
W. BLAIR.
SOURCES: Walter
Clark, Editor, The State Records of North
Carolina, Vol. 11 1776, and Supplement 1730-1776, pp. 216-7; Townshend
Acts, Vice Admiralty Court Act Text, American History Central,
accessed June 2, 2026
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