At a Council held at Pensacola the 13th September 1776.
The Governor laid before the Board agreeable to the Minute of Yesterday the Opinion of the Attorney General & another Gentleman of the Law in Answer to the Question then proposed which was, whether he could be justified by the information then Communicated in laying an Embargo at this time on the Shipping bound to the Mississippi which he desired might be read & inserted in the minutes of this day and is as followsー
Sir
In Answer to your Excellencys Question of yesterday whether your Excellency would be Justified by the information then communicated in laying an Embargo at this time on the Shipping bound to the Mississippi, We have the honor of informing your Excellency that there is no doubt but by the known and Established Laws of the Land, the King may and Consequently your Excellency as his representative in this Province can in time of War by Proclamation lay an Embargo on all Shipping as well those of foreigners, as Others, this however is never to be done but in Cases of Great & Urgent Necessity; thus Stands the Law upon the Subjectー
And with regard to the legality of the affair under Consideration having Maturely considered the Matters Contained in the in- formation we are with all due deference to your Excellency of Opinion that such information does not contain such legal Matters as is Necessary to Justify such a measure at this Juncture, we are &c.
E R Wegg E H Bay
His Excellency Governor Chester
And desired to know if the Gentlemen of the Board would still advise him to detain the Vessels bound for the Mississippi after having received the above Opinion.ー
(The Chief Justice and Mr Livingston a Gentleman of the Law were also desired by His Excellency to give their Opinion who entirely agreed in Sentiment with Mr Wegg and Mr Bay)
some of the Gentlemen begged leave to decline giving an Answer and Others were Still of the same opinionJ that the Vessels should be detained ー Upon which His Excellency read the following Paragraph (to wit) "Gen-tlemen I must beg leave to be excused from following your advice as the Gentlemen of the Law are of a very different Opinion (to wit) that the Information is not sufficient to Warrant me to detain those Vessels any longer ー I shall therefore give Orders that they may receive their Necessary papers and proceed on their Voyage."ー