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Correspondence of Governor Sharpe, 1761-1771
Volume 14, Page 292   View pdf image (33K)
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292 Correspondence of Governor Sharpe.

America, where it may seem calculated only to deceive the
People of Great Britain by holding forth a delusive & Nuga-
tory Affirmance of the Legislative Right of this Kingdom,
whilst the Enacting part of it does no more than Abrogate the
Resolutions of the House of Representatives in the North
American Colonies, which have not in themselves the least
Colour of Authority: and declares that which is Apparently
and Certainly Criminal only Null & Void.
2dly Because the particular Objections which have been
made to the Stamp Act in North America, and which have
been Adopted in the Course of the Debates upon this Bill for
Repealing it, are in fact Contradicted by Undeniable Evidence
upon Our Table, it having been Urged First, That all the
money to be Collected by this Tax, was to be Annually
remitted hither And that the North American Colonies would
thereby be drained of all their Specie: And Secondly, That
the Institution of Vice Admiralty Courts in those Colonies for
the Recovery of Penaltys upon Revenue Laws without Juries,
is a Novel Practice by means of which his Majesty's Subjects
in those Dominions Would be deprived of One of their most
Valuable Libertys, Tryals by Juries, & in this respect distin-
guished from their Fellow Subjects in Great Britain and
would likewise be liable to the greatest Inconvenience, Vexa-
tion & Injustice, thro' the Option left to any Prosecutor to
Call them from One End of that Extensive Continent to the
other: And thro' the Temtation to the Judge to Condemn
rather than to Acquit, from his being paid by Poundage of
the Condemnation Money: Whereas with regard to the first
of these Objections, it Appears by the minute of the late
Board of Treasury laid before this House, & dated on the 9th
day of July last, That the fullest directions had been sent to
the several Officers of the Revenue, " That in Order to
Obviate the Inconvenience of bringing into this Kingdom the
money to be raised by the Stamp Duties Arising, or to Arise,
by Virtue of any British Act of Parliament shd from time to
time be paid to the Deputy Paymaster in America to defray
the Subsistance of the Troops & any Military Expences
incurred in the Colonies " And with regard to the 2d Objec-
tion, it is Manifest, from Sundry Acts of Parliamt that a Juris-
diction has been Assigned to the Judges of those Courts for
the Recovery of Penalties upon the Laws of Revenue & of
Trade without Juries, for near a Century past, from the Con-
sideration (as we Apprehend) that in some of the Colonies,
they are the only Judges not Elected by the People, and so
far it is from being true, that the Subjects in North America,
by being deprived in these Cases of Tryals by Juries, were in
that respect distinguished from their Fellow Subjects in Great

 

 

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Correspondence of Governor Sharpe, 1761-1771
Volume 14, Page 292   View pdf image (33K)   << PREVIOUS  NEXT >>


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