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L. H. J.
Lib. No. 45
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upon us not doubting, that when they are set in their proper light,
we shall have your Excellencys helping hand to the removal of them
as real Obstacles to Our Happiness and prosperity, that the people
of this Province are Subjects of Great Britain and entituled to all
the Rights Priviledges and Liberties of that their Mother country,
is a truth we hope none will attempt to deny; and that the Basis
on which their priviledges are principally founded is the right they
have, of not being subject to any payments whether they be Taxes,
Dutys Imposts fees or under any other denomination whatsoever
but what shall be raised settled and appointed by laws to which by
themselves or their Substitutes they give their Assent is a matter we
conceive can admit of no Contradiction
We therefore acknowledge ourselves at a loss to know by what
right or law fourteen Pence Sterling for every Tun of Burthen has
for a considerable time past been levied on Vessels trading here and
not properly belonging to this province We very well know that
an act was made in 1661 for raising half A Pound of Powder and
three Pound of Shot by the Tun on such Vessels and we as well
know that by that law the same was not appropriated to the proprie-
tarys for their own use, although they have ever since exacted the
fourteen pence in lieu thereof and applied the same to their private
[use]
We are not insensible of the Kings order in Council concerning
that money in 1692 but beg leave nevertheless to say that whatever
Obedience was paid to that Royal Order (which only did or indeed
could regard the Application) yet the Act whereby it was pretended
to be taken being repealed by another made in 1704 that Order
must necessarily cease, and altho we dont immediately pay that
money, yet as Merchants generally reckon Port and other dutys
as Part of the cost of what they sell or Transact and account it as
part of the price of what they purchase, we cannot but think it
becomes a charge on the Province at last.
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p. 884
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We are sorry to find the Avenues to Justice in great measure
shut up to the people by their being denied Access to some of the
greatest Offices belonging to the Courts of Justice and refused their
necessary Business there, without the severe Terms of entering into
Bonds with Judgments some for fees before they become due, and
others with conditions in large Sums on purpose to have recoveries
in the Courts where the fees will arise to ten or more times the Value
of the Principal debt which by the laws of this province might be
recovered at the expence of half A Crown, and those Bonds yearly
sent to the Sheriffs with discretionary powers to put them in Suit
who by experience we find have in many Instances made the worst
use of those powers in order to create fees for themselves as well as to
the party who take such Bonds
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