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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 264   View pdf image (33K)
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264 Assembly Proceedings, May 1-June 12, 1739

U. H. J.
No. 734

part of the Legislature and Very proper for the Trust by that Bill
to be reposed in him
As to the Reproach you mention to be not only on your House
but on all the Province, We can with the greatest Truth in the most
solemn Manner assure you, It was so far from Our Intentions to
couch any Reproach either on Your house or this Province under
the Words Relative to a Guardian, That One of Our Reasons for
rejecting that Bill was, lest the. whole legislative Power and the Prov-
ince should be reproached with that relative Word by the passing that
Bill into a Law; And therefore if any Reproach could possibly arise
from any Parts of that Bill, It ought not to be imputed to this House,
which neither formed or passed that Bill but rejected it
We cannot believe the World will be so easily imposed on as you
imagine It is very certain the bare Possibility of betraying a Trust
ought to have little weight against committing a Trust; but it is not
less certain that it is the Height of Imprudence to intrust any Per-
son with such an Authority and Fund of Money as may tempt and
enable them to betray that Trust; And that the World may clearly
see what we objected to the Bill on this head, We must take the
Liberty of mentioning some Parts of the Bill, which in One Part of it
directs; " that Mr Hyde (in whose Hands the Money is to be lodged)
shall pay such Money to such Person or Persons, as the Trustees
so to be appointed as aforesaid or the Survivor or Survivors of them
shall by Writing under their Hands order and direct the same and
not otherwise " And then the last Clause is in these Words Viz.
And Be it further Enacted by the Authority afd that the money
arising by the Duty afd shall be applyed towards the Payment of
an Agent to be imployed for this Province to reside at London
in Great Britain and to such other Uses & Purposes as shall be from
time to time thought necessary by the Trustees afd or the Survivors
of them and Not otherwise

p. 57

Now let us consider the Duration Power and Temptations which
the Trustees must have had under such a Law First as to their
Duration; We say they could not have been removed from the Trus-
teeship during the Continuance of that Law; for after the speaker
had once executed his Authority of signifying under his Hand the
Appointment of the Trustees, there could not be another Appoint-
ment before all the Trustees should be dead because the other Parts
and the Last Clause of the Bill Expressly directs the Trust to be
Executed by the Survivors or Survivor, Secondly as to their power
it is without Bounds They might have done either as much or as little
as they Pleased nor is there One thing taken notice of in the Bill as
the Proper Business of the Trustees except Fingering the money
and making Some Application of it (but how much is not mentioned)
towards Payment of an Agent so that one would be Apt to imagine
This Bill had been Calculated principally to Gratify these same
Trustees



 
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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 264   View pdf image (33K)
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