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Statutes at Large
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Historical SummaryIN a message to the New York House of Assembly, June 13, 1766, Governor Moore informed the House of the expected arrival of troops in the city, and recommended that provision be made for them in accordance with the late Quartering Act [No. 34]. On the 19th the House adopted five resolutions, reported by Philip Livingston, excusing themselves from compliance with the request, on the ground that the requisition was "of such a nature and tendency that, should it be granted, the expence might, and probably would, very soon exceed the ability of this colony to pay, as the number of troops that may from time to time require the like provision, are . . . entirely unknown, and the articles required for the greatest part . . . unprecedented;" but the House intimated, at the same time, that a balance of £3990 in the treasury of the province, subject to the order of the commander-in-chief of the forces in America, might be used for the purpose in question. On an inquiry from the governor as to the precise use to which the money referred to was to be put, the assembly again, June 23, pleaded the small resources of the colony, but recommended that provision be made "for furnishing the barracks in the cities of New York and Albany, with beds, bedding, fire-wood, candles, and utensils for dressing of victuals for two battalions, not exceeding five hundred men each, and one company of artillery for one year"; and that the money beforementioned be drawn upon for the purpose. A bill to this effect was accordingly brought in and passed, and July 3 received the assent of the governor. A report of the action of the assembly having been made to the Board of Trade, the Earl of Shelhurne, in a letter of August 6 to Governor Moore, expressed the hope that the requirements of the Quartering Act would be fully complied with. To this letter, communicated to the assembly in November, the House replied that New York had already assumed a heavier financial burden in the matter of supporting troops than any other colony, and that, since the act appeared to them designed for the needs of soldiers on the march, and not of such as might be stationed in the province for a whole year, they could not "put it in the power of any person" to lay upon them such a "ruinous and unsupportable" expense. December 19 the assembly was prorogued until the following March. May 15, 1767, the committee of the House of Commons to whom the matter had been referred, recommended the suspension of the assembly until the terms of the Quartering Act were complied with; and June 15 a bill embodying the recommendations received the royal assent. The assembly continuing obstinate, it was dissolved. The newly elected House also refused compliance, and was likewise dissolved. A third, in 1769, made the required provision. REFERENCES. — Text in Pickering’s Prior Documents.
No. 37.
Act Suspending the New York Assembly
June 15, 1767
An act for restraining and prohibiting the governor, council, and house of representatives, of the province of New York, until provision shall have been made for furnishing the King’s troops with all the necessaries required by law, from passing or assenting to any act of assembly, vote, or resolution, for any other purpose.
[The preamble recites the passage of the Mutiny or Quartering Act of 1765, continued by subsequent reënactments to March 24, 1769; the refusal of the New York house of representatives to comply with the act of 1765, and its tender of quarters and supplies "inconsistent with the provisions, and in opposition to the directions," of the said act, and continues:] In order therefore to enforce, within the said province of New York, the supplying of his Majesty’s troops with the necessaries and in the manner required by the said acts of parliament; . . . be it enacted . . . , That from and after . . . [October 1, 1767,] . . . until provision shall have been made by the said assembly of New York for furnishing his Majesty’s troops within the said province with all such necessaries as are required by the said acts of parliament, or any of them, to be furnished for such troops, it shall not be lawful for the governor, lieutenant governor, or person presiding or acting as governor or commander in Chief, or for the council for the time being, within the colony, plantation, or province, of New York in America, to pass, or give his or their assent to, or concurrence in, the making or passing of any act of assembly; or his or their assent to any order, resolution, or vote, in concurrence with the house of representatives for the time being within the said colony, plantation, or province; or for the said house of representatives to pass or make any bill, order, resolution, or vote, (orders, resolutions, or votes, for adjourning such house only, excepted) of any kind, for any other purpose whatsoever; and that all acts of assembly, orders, resolutions, and votes whatsoever, which shall or may be passed, assented to, or made, contrary to the tenor and meaning of this act, after . . . [October 1, 1767,] . . . within the said colony, plantation, or province, . . . shall be, and are hereby declared to be, null and void, and of no force or effect whatsoever.
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Chicago: Pickering, ed., "Act Suspending the New York Assembly," Statutes at Large in Documentary Source Book of American History, 1606-1913, ed. William MacDonald (1863-1938) (New York: The Macmillan Company, 1916), Original Sources, accessed December 21, 2024, http://originalsources.com/Document.aspx?DocID=S3KQ3HMI12A7J8H.
MLA: . "Act Suspending the New York Assembly." Statutes at Large, edited by Pickering, Vol. XXVII, in Documentary Source Book of American History, 1606-1913, edited by William MacDonald (1863-1938), New York, The Macmillan Company, 1916, Original Sources. 21 Dec. 2024. http://originalsources.com/Document.aspx?DocID=S3KQ3HMI12A7J8H.
Harvard: (ed.), 'Act Suspending the New York Assembly' in Statutes at Large. cited in 1916, Documentary Source Book of American History, 1606-1913, ed. , The Macmillan Company, New York. Original Sources, retrieved 21 December 2024, from http://originalsources.com/Document.aspx?DocID=S3KQ3HMI12A7J8H.
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