establishing the government of cities in England.

1st. It is usual, in England, and most equitable, that the offices, at least the mayor, and common councilmen, should be annual; but in this new erected city, though indeed there is a rotation as to the office of mayor among the persons first nominated in this act, yet the persons so named are to be possessed of their several offices during their lives.

2d. Whenever, by death or any other means, a vacan cy happens in any of the said offices of mayor, aldermen, or common council, the freemen at large of the city are totally excluded from having any share in the election of a successor; but the mayor, aldermen and common councilmen, for the time being, are empowered from time to time to fill up every vacancy that shall happen among them with such persons only as they themselves shall think proper.

3d. The mayor, aldermen and common council are also, by this act, invested with the sole power of making such by-laws and ordinances as they shall think proper, which are to be binding to all the freemen within the city.

If the act, therefore, is considered in this light, that the nineteen gentlemen who are nominated in the act to be first mayor, aldermen and common council, are possessed of their offices for life, have the sole power of choosing their own successors, and the sole of power making such by-laws as they shall think fit, the government established by this act is the completest oligar chy that ever was seen; since the entire government of this city and of all the persons who shall ever dwell in it, seems to be vested in these nineteen gentlemen, their heirs, and assigns, forever.

But besides what I have already mentioned to your Lordships, there is another objection to this act which has been represented to me by Mr. Shelton on the behalf of the major part of the inhabitants of the parish of Charlestown, which is, that this act of incorporation was passed against their consents and contrary to their inclinations, and in order to justify what he affirmed, he left with me the copy of a petition to the assembly of the province of Carolina, of which he did, at the same time, produce the original, signed by no less than one hundred and thirteen of the inhabitants of the town, which, as I am informed, does not contain in it quite three hundred persons, complaining of this act (then a bill depending in their house,) and praying that it might not pass into law.

How far the allegations of Mr. Shelton are true or not, I cannot pretend to say, but if, upon inquiry, they shall appear to be well founded, for that and the other reasons I have before-mentioned, I am of opinion, that this act is not proper to be passed into law,

April 11, 1723.

RICH. WEST.

(3.) 7 he opinion of the Attorney and Solicitor-General, Yorke and Wearg, on the uncircumspect mode of continuing laws, used by the Jamaica Assembly.

To the Right Honorable the Lords Commissioners of Trade and Plantations,

May it please your Lordships.

In obedience to your Lordships' commands, signified to us by letter from Mr. Popple, transmitting to us copies of two bills sent over from Jamaica, the one entitled "an act for granting a revenue to His Majesty, his heirs and successors, for the support of the government of this island, and perpetuating the acts and laws thereof as they now stand and are used;" and the other, entitled

"an act to augment the salary of his Grace the Duke of Portland during his residence in this island as Governor;" together with an extract of his Grace the Duke of Portland's letter, and copies of other papers upon this subject, and requiring us to let your Lordships know whether we have any objection to the said bills in point of law we have considered the said copies of bills, and other papers referred to us, and herewith returned, and do certify your Lordships, that the principal considerations arising upon these two bills, appear to us to be rather matters of prudence and policy, than law, and, therefore, not to be strictly within your Lordships' direction to us.

As to the revenue bill, we cannot but observe to your Lordships, that though we do not find any species of commodities charged with imposts by this bill which were not charged by the former revenue act, yet the imposts upon several species are greatly increased, and particularly upon certain liquors imported from Europe.

The duties upon sugars and indigo are much lessened by this bill, particularly that upon indigo, from 1s. 6d. to 3d. per pound. We observe by the copy of his Grace the Duke of Portland's qaries, sent down to us, that it was a matter of doubt, in Jamaica, whether this reduction of those duties was consistent with his Grace's 92d instruction; but upon consideration of that instruction, this reduction does not appear to us to be contrary to the terms of it, because it cannot take off, or in any wise affect the general prohibition of trade with the subjects of France, for the duty can take place only upon indigo lawfully imported, and not such as is prohibited. But if the trade of that commodity be chiefly in the hands of the French, and, notwithstanding the general prohibition of trade, has been carried on with them in a

clandestine manner (which the Duke of Portland's letter imports,) whether this reduction of the duty will in consequence tend to encourage that clandestine trade, or rather to increase the open importation of indigo in a lawful way, is what we are not sufficiently enabled to judge of, but is proper for your Lordships' consideration.

It is further to be observed upon this bill, that the revenue given by it is made perpetual, and the laws continued by it are continued for ever, which makes it the more necessary to consider whether the provision be such as will be sufficient to answer the exigencies of the government; for if it should happen in the event not to prove so, the people of the island having their laws secured to them in perpetuity, may think themselves in a better condition to withstand even reasonable demands. which may hereafter be made by the government, to supply any deficiencies on that head, than they have hitherto been whilst their laws were temporary and precarious; and this seems to us to be of the greater weight, by reason of the unusual method taken to annex to this bill an estimate of the annual expenses of His Majes ty's government in this island, by way of debtor and creditor, which by reference is made a part of the bill itself, and is computed to amount to £8000 per annum, and the clause whereby the assembly have engaged themselves to supply deficiencies, is only upon the contingency of this revenue falling short of that sum, and to make that good.

The clause concerning the laws of the island and their continuance is penned in a manner much less liable to exception than that sent over the last year, though not so free from objection as might have been.

The effect of it is, that this act and all acts and laws

as they now stand and are accepted and used in Jamaica, are thereby declared to be and remain in force for ever, (except the present revenue act, and four acts of assembly lately passed, which are particularly specified.)

This clause concerns two kinds of laws; 1st, such laws of England as have been accepted and used in Jamaica; 2d, acts of assembly of the island we apprehend from the words of this clause, and from the council's answer to the Duke of Portland's 4th and 5th quîries, that the first sort of laws are what the assembly had now especially in view.

But as it is confined to acts and laws as they stand accepted and used in the island, we conceive no inconvenience can follow from it, because no other part of the law of England will be established thereby, but such as by acceptance and usage in Jamaica has already gained the force of a law of that island, and such would continue to be the laws there without the assistance of this bill.

The greatest objection to this clause concerns the acts of assembly of the island; for as it is now penned, all their temporary acts of assembly which are at present in force will be made perpetual (except the four, which are particularly excepted,) and it can hardly happen but some of their temporary laws are not fit to be continued for ever, at least it seems fit, that they should be fully looked into and considered, before they receive such an establishment.

As to the bill for augmenting the Duke of Portland's salary, we have no objection, in point of law, against the

same.

July 6, 1725.

P. YORKE.

C. WEARG.