The House resumed the Consideration of the Bill, intitled, A Supplement to an Act, intitled, An Act to explain and amend an Act, intitled, An Act to prevent the Subjects of this State from going into, or coming out of, the Enemy's Lines, without Permission or Passports, and for other Purposes therein mentioned.
A Motion was made by Mr. Hornblower seconded by Mr. Baker, to strike out the Words "of twelve Men," and to insert in their Stead, "of six or twelve Men, at the Option of the Defendant," and, on the Question, Whether the House agree to the said Amendment? It passed in the Negative.
A Motion was made by Mr. Wilson, seconded by Mr. Smock, to add to the first Section a Proviso in the following Words, "Provided always, That Nothing herein contained shall be taken or construed to invalidate or make void any Trial or other Proceedings had by Virtue of the said recited Acts, or either of them, because such Trial was had by a Jury of six Men only, if such Trial and other Proceedings have been in other Respects agreeable to Law, but the same shall be valid to all Intents and Purposes," And, on the Question, Whether the House agree to the said Amendement? It was carried in the Affirmative, as follows:
[16 Yeas, 14 Nays]
On the Question, Whether the House agree to the first Section as amended? It was carried in the Affirmative, as follows:
[18 Yeas, 12 Nays]
Ordered,
That the further Consideration of the said Bill be postponed.
A Message from the Council by Mr.Hand
Council-Chamber, December 22, 1779
" Ordered,
That Mr. Hand do carry to the House of Assembly the Bill,
intitled, A Supplement to the Act, intitled, An Act to explain and
amend an Act, intitled, An Act to prevent the Subjects of this State from going into,
or coming out of, the Enemy's Lines, without Permission or Passports, and for
other Purposes therein mentioned, and acquaint them that this House have agreed
to the 2d, 3d, 4th, 5th, 6th, 7th, 9th, 19th , and 11th Amendments made thereto by the
House of Assembly, and in other Respects adhere to the Bill."
Which Message having been read and considered; on the Question, Whether the House will recede from the first Amendment made by this House to the said Bill, and disagreed to by Council? It was negatived, as follows:
[14 Yeas, 12 Nays]
A Motion was made by Mr. Morris, seconded by Mr. Smock, that this House do request a Conference with the Council on the Subject of the Amendments made by this House to the said Bill, and disagreed to by the Council; on the Question, Whether the House agree to the same? It was carried in the Negative, as follows:
[14 Yeas, 15 Nays]
Resolved,
That the House adhere to their Amendments made to said Bill, and rejected by the Council.
Ordered,
That Mr. Fithian and Mr. Bunn do
wait on the Council, and acquaint them therewith.
Mr. Fithian reported, that Mr. Bunn and himself had delivered the Bill and Message with them entrusted to the Vice-President in Council.
. . . . .
A Message from the Council by Mr. Sinnickson
Council-Chamber, December 23, 1779
" Ordered,
That Mr. Dey, Mr. Deare and
Mr. Holmes, with such other Members as choose to attend, be
a Committee to join a Committee of the House of Assembly in a free Conference on the
Subject-Matter of the Amendments made to the Bill, intitled A Supplement to the Act,
intitled, An Act to explain and
amend an Act, intitled, An Act to prevent the Subjects of this State from going into,
or coming out of, the Enemy's Lines, without Permission or Passports, and for
other Purposes therein mentioned, by the House of Assembly, and rejected by this
House; and that the said Committees meet at the House of Mrs. Stakes
To-morrow Morning at ten o'Clock."
Mr. Morris, from the Committee appointed to join a Committee of the Council in a free Conference on the Subject-Matter of the Amendments made by this House to the Bill, intitled, A Supplement to the Act, intitled, An Act to explain and amend an Act, intitled, An Act to prevent the Subjects of this State from going into, or coming out of, the Enemy's Lines, without Permission or Passports, and for other Purposes therein mentioned, reported,--That the said Committees had met pursuant to their Appointment, and had agreed upon an Amendment to be substituted instead of the first Section of the saod Bill and the Amendment made thereto by this House and rejected by the Council, which he was ready to report whenever the House should please to receive the same. On the Question, Whether the said Report be received? It was carried in the Affirmative, as follows:
[16 Yeas, 10 Nays]
Whereupon Mr. Morris read the said Report in his Place, and afterwards delivered it in at the Table, where it was again read, and is as follows, videlicet,
That the first Section be struck out, and that there be inserted instead thereof the following: And whereas Causes of considerable Value may, by Virtue of this or the before recited Acts, be prosecuted before a Justice of the Peace, wherein it may be prudent to have the Judgment of a greater Number than six Jurors, Be it therefore Enacted by the Council and General Assembly of this State, and it is hereby Enacted by the Authority of the same, That in all Causes hereafter to be prosecuted before any Justice of the Peace, by Virtue of this or either of the said recited Acts, it shall and may be lawful for either of the Parties in such Suit to demand a Jury of twelve Men, which Jury such Justice is hereby empowered to grant, and to issue a Venire accordingly.
On the Question, Whether the House agree to the said Report? It was carried in the Affirmative, as follows:
[23 Yeas, 7 Nays]
" Ordered,
That Mr. Rennard and Mr. Kitchel
do wait on the Council, and inform them that this House agree to the Report of the
Committee of Conference . . . .
A Letter from the Justices of the Supreme Court to the Speaker, was presented and read, recommending that on Reversal of Judgment for Error in Cases of Seizures of Goods, supposed to have been brought from within the Enemy's Lines, the Defendant in Error, on Payment of Costs, may be allowed a Trial de Novo in the Court below on the Merits of the Cause.
Ordered, that Messieurs Morris, Hornblower, Smock and Wilson, be a Committee to revise the Laws to prevent an illicit Trade with the Enemy, and that the above-mentioned Letter be referred to the said Committee.
A Petition from a Number of Inhabitants of the County of Monmouth, was presented and read, setting forth the dangerous Consequences of the Trade carried on with the Enemy, complaining of the Delays, Troubles and Expence Captors are put to by the Practice of replevying the Goods seized and condemned, and the Discouragements thence arising to the virtuous Part of the Community, and Encouragement thereby given to that illicit and destructive Trade;
Ordered, That the same be referred to the Committee to whom was committed the Letter from the Justices of the Supreme Court.
A Petition from sixty Inhabitants of the County of Monmouth was presented and read, complaining that the Justices of the Supreme Court have set aside some of the Laws as unconstitutional, and made void the Proceedings of the Magistrates, though strictly agreeable to the said Laws, to the Encouragement of the disaffected, and great Loss of the loyal Citizens of the State, and praying Redress;
Ordered, That the said Petition be read a second Time.