of such great importance in the subordination of the colony legislatures, and of so questionable a cast in the valid exercise of this legislative power, ought no longer to remain in question.
Thomas Pownall, The Administration of the Colonies (London, 1765), 47-49.
67. Disallowance of a Colonial Bill (1770)
The ultimate power of disallowance was one way of enforcing instructions, and the chief means of keeping the colonies within bounds. — Bibliography : George Chalmers, Opinions of Eminent Lawyers (a collection of recommendations for disallowance).
THE Lords of the Committee of your Majestys most hon ble Privy Council for Plantation Affairs having by their Order of the 10th of Nov : last directed us to report to them Our opinion upon a Bill passed in May 1769 by the Council and House of Representatives of your Majesty's Council of New York for emitting ₤120,000 in paper notes of Credit upon loan, to which Bill your Majesty's late Governor had refused his assent without having first received your Majesty's directions for that purpose.
We did on the 20 of Decr make our report thereupon submitting it to their Lordships to give such advice to your Majesty on this subject as they should think fit, and in the mean time, and until your Majesty's pleasure could be known the Lieutt Govr was acquainted with the several steps which had been taken on this occasion & with the difficulties which arose in point of law upon those Clauses of the Bill by which the paper notes to be cancelled were made a legal Tender in the Treasury and loan office of that Colony.
It is Our duty however to observe to your Majesty that notwithstand ing their intimation given to the Lieutt Govr a new Bill in no material points differing from that now before your Majesty has been proposed in the Assembly of this Colony & having passed that house and been concured in by the Council Your Majestys said Lieutt Govr did think fit by their advice to give his assent to it on the 5 day of January last and therefore it becomes necessary for us to lose no time in humbly laying this Act which was received at Our Office yesterday before Your Majesty, to the end that if Your Majesty shall be pleased to signify your disallowance of it, either upon the ground of the doubts in point of law
