I forgot to mention that Mr. Garth, a Member of the House, offered one for S: Carolina for which Colony he is Agent, which met with the same fate with the Rest. The other Agents seeing the point thus ruled, I suppose thought it to no purpose to offer any more.—It is about 4 Days since the Bill passed through all the necessary forms in the house of Commons & is now ready & lies before the Lords for their Concurrence; it is to take place the first Day of November next. As to the other regulations which regard America that either have taken place or are intended so to do, this session, they are as follows:—first of all the Stamp Duty which by the bill was laid on all Salaries which Exceed £20, upon a strong representation that the Judges Salaries in America in general are very low, is dropt out of the Bill. The Courts of Admiralty have been complained of as not only infringing on English Lyberty by taking away trials by Jury, but as being so placed as to take people for trial from one End of America almost to the other. As to the first of these Objections they say here that there is no safety in trusting the breach of revenue laws to a Jury of the Country where the Offence is committed, that they find even in England they never can obtain Verdicts where Smugling is practised & therfore always bring the Causes up for trial to London. To remedy the Second tis determined to have three Judges Extraordinary sent from England,—to be placed, one at Boston (by removing to that place ye one now at Halifax), ye others to be at N York & Philadelphia, or at Philadelphia & Charles Town; the Persons to be able men bred at Doctors commons, with a Salary Each of £800 Per Annum, to be peremtorily forbid Taking any Fees Whatsoever, to have Jurisdictions concurrant with ye other Judges of Admiralty in America, that is an ordinary Jurisdiction the same with them, and also an Extraordinary one, of Hearing whatsoever causes shall be Brought before them by appeal from ye other admiralty Judges[1]; all Prosecutions for ye breach of revenue laws to be either in the courts of common law or courts of Admiralty, at ye Election of ye Prosecutor; & if brought before a court of Admiralty to be before a Judge in the Colony where
- ↑ See below, p. 421.
