The Journal of the Commons House of Assembly

DECEMBER 9, 175755Assent in Council an ingrosed Bill intitled “an Act establishing certain Regulationsconcerning His Majestys Forces in the Province of South Carolina &to prevent their desertion. And for the better Carrying on his Majestys Servicein the said Province.” On which his Excellency was pleased to say “I willConsider of it.” 5And that Mr. Speaker also presented to his Excellency for his Assentanother ingrossed Bill, intitled “an Act for forming & establishing an artilleryCompany of the Militia in Charles Town.” On which his Excellency wasalso pleased to Say “I will Consider of it.” 6Order’d That a Message be sent to the Governor, humbly to desire hisExcellencys Leave to this House to adjourn till Monday the 16th of Januarynext. And that Mr. Middleton & Mr. Roper do wait upon his Excellency withthe Message.Mr. Middleton reported to the House that his Excellency having beenwaited upon pursuant to their Order had been pleased to Give the HouseLeave to adjourn according to their desire.And then the House adjournd till Monday the 16th day of January next.Return to contents ➔5Lyttelton told the Board of Trade that he vetoed this bill “because the preamble sets forth ‘Thatit is impracticable to quarter or Billet Soldiers in this province for want of Inns Taverns Victualling Housesand other such Houses as Soldiers are quartered in by the Laws of Great Britain’ which preamble I conceivedwas meant to be a kind of Parliamentary Declaration that Troops should never be quartered orBilleted here upon private Houses.” Also, the bill contained an expiration clause that kept it in force foronly one year. Lyttelton’s royal instructions forbade him to sign any short-term laws. See Records in theBritish Public Record Office relating to South Carolina, SC Archives (hereinafter cited as BPRO Transcripts;these records have been published as SC Archives Microcopy No. 1), 27: 346.6The Upper House had tried to prevent Lyttelton’s veto of the artillery bill, but it could notpersuade the Commons House to discard an obnoxious preamble: “And be it Enacted that His Excellencythe Governor or the Commander in Chief of this Province for the time being shall be and he is and theyare hereby Authorized and impowered from amongst the Inhabitants of the parishes of St. Philip and St.Michaels Charles Town who have sufficient substance to undergo the Charge and will Voluntarily enterand enlist to form an Artillery Company not exceeding the Number of 72 private Men and to appoint andCommission proper Officers to Muster train and exercise the said Company in the use of Cannon as wellas small Arms not exceeding twelve times and not less than Eight in a year at Charles Town aforesaid.”Obviously, Lyttelton would not sign a legislative act that usurped the prerogative of the Crown. See above,p. 71, and BPRO Transcripts, 27: 347.