BUT NOT PROPER TO BE INCORPORATED.
191
CHAP. 4. An act for the more effectual securing
an encouraging the trade of his
majesty's British subjects to America,
and for the encouragement of seamen to
enter into his majesty's service.
This statute appears from the
title, and the provisions contained therein, to have extended to the
province.
CHAP. 7. An act for naturalizing such foreign protestants,
and others therein mentioned,
as are settled or shall settle in any of his majest's
colonies in America.
See the note on 7 Anne, Ch.
5. The proceedings of the house of delegates, in 1771, which have
been mentioned in the note on 1 George 1, Ch. 4, will throw some light
on the subject of this statute.
They are as follow: " The committee report that Mr. John Hagar, a
member returned for Frederick
county, is not a natural born subject, nor descended from a natural
born subject. That he came
into America and was naturalized some time before the said election.
The house proceeded to take
the report into consideration, and permitted Mr. Hagar to be heard by his
counsel. Then the house
was moved, that the statute of 12 and 13 W. 3, Ch. 2, be read, and
it was read accordingly. The
house was moved that the statute of 1 George 1, Ch. 4, to explain the said
act be read, and it was
read accordingly. The house was moved, that the act of assembly,
directing the manner of electing
delegates, &c. 1716, Ch. 11, be read, and it was read accordingly.
The house was moved that the
statute 13 George 2, Ch. 7, for naturalizing such foreign protestants,
&c. be read, and it was read
accordingly. The house was moved that the resolves if the Lower House
of assembly, of the 18th of
October 1753 be read, and they were read accordingly. The house was
moved that an act made
in the 22d year of George 2, Ch. 45, entitled, " An act for the further
encouragement of the whale
fishery, and for continuing such laws as are therein mentioned, relating
thereto, and for the naturalization
of such foreign protestants as shall serve for the time therein mentioned,
on board such
ships, as shall be fitted out for the said fishery be read, and it was
read accordingly. Then the house
took the several statutes, &c. into consideration, and the following
question was put: That J. Hagar
returned as a representative for Frederick county, not being a natural
born subject, nor descended
from a natural born subject, but naturalized in the year 1747, since the
statute of 13 George 2,
agreeable to said statute, long before the said election, hath been a resident
of this province ever
since, and hath a freehold of fifty acres of land be eligible. Resolved
in the negative, 24 to 23."
It appears by the proceedings, that the professional
members in the house, were also nearly equally
divided, and stood thus:
NEGATIVES.
S. Chase,
N. Thomas,
T. Wright,
S. Wright,
--Earle.
AFFIRMATIVE.
T. Johnson,
--Hammond,
J. Hall,
W. Paca.
Leave was given to bring in a bill for vesting in
such foreign protestants, as were then naturalized,
or should be thereafter naturalized in the province, all the rights and
privileges of natural
born subjects, and an act with that title and to that effect was passed
at the same session, October
1771, Ch. 1, which was published in Hanson's edition of the laws.
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