these particulars, as I hope to be able to do by the next Opportunity, when I shall offer your Grace my Sentiments upon that head. I have likewise omitted saying any thing upon the Article of making Nova Scotia a free Port for the first seven years, which I believe is generally one of the privileges granted a new settlement for drawing Inhabitants and Trade to it, not being fully satisfy'd whether it may not have a more mischievous influence upon the Traders from all the neighbouring colonies, whose merchants would probably shelter all manner of illicit trade under that privilege of the new Port, than it would be of Service for promoting Settlements upon the Cape Sable Shoar; for which reason I shall not venture to propose it, 'till I am better assur'd of the expediency of it. I am sensible, My Lord, how unfinished what I have transmitted your Grace is; which, was I upon the spot I might add, or correct in many respects, as occasion should require; and in matters of so much variety and importance, it is indeed almost impracticable to draw up general Plans, which shall be perfect and take in everything, or the reason of which in every point shall be so evident as not to want being set in a clearer light: But I hope what I have sent may be sufficient to declare my sincere and zealous disposition for promoting his Majesty's Service, and the general Interests of his Colonies, with those of his British Dominions : and that your Grace will be pleased to represent my endeavours for doing it in a favourable manner to his Majesty. I have the honour to be with the most dutiful regard, My Lord Duke, Your Grace's most Obedient and most Devoted Servant His Grace the Duke of Bedford. Endorsed: Boston 27 Febry 1748/9 Govr. Shirley W. SHIRLEY. WILLIAM SHIRLEY TO THE DUKE OF BEDFORD1 GENERAL HEADS OF A PLAN OF A CIVIL GOVERNMENT PROPOS'D FOR HIS MAJESTY'S PROVINCE OF NOVA SCOTIA. It is humbly propos'd that the Inhabitants of his Majesty's Province of Nova Scotia shall be incorporated by Royal Charter of as like form with that granted by King William and Queen Mary, dated the 7th of October 1692, to the Inhabitants of the Province of the Massachusetts Bay, as the circumstances of it will admit; and with the same Powers, Privileges and Franchises, except in the particulars, which are propos'd to be alter'd in the following manner vizt. 1. That in the Proviso for the Reservation of the Rights of Private Persons or Bodies Politick or Corporate to any parcells of Land within the province, by Virtue of former Grants, the Reservation shall be confin'd to the Rights of such, who have comply'd with the Conditions, upon which such Prior Grants were made to 'em; and as the whole province was by their said late Majesties in their aforesaid Charter granted by the name of the Country or Territory, commonly called Accadia or Nova Scotia to the Inhabitants of the Province of the Massachusetts Bay; it is humbly submitted whether that Grant should not be declared to be Vacated by the neglect and refusal of those Inhabitants to exercise any Jurisdiction for the Government of it, and to defend it against the French, who thereupon took and held Possession of it 'till her late Majesty Queen Anne regain'd it by Conquest; or by whatever other cause the same may be suppos'd to have been forfeited to the Crown, or (if that is the case) to have been void from the beginning. No special Reason need be assign'd for this alteration. 1P. R. O., C. O. 5, 45, p. 93. This document is here printed in full as indicating Shirley's ideas of the best methods to obtain for Great Britain reliable colonies in Canada. It may be well contrasted with the methods adopted later to secure the control of Acadia. 2. That the Assembly should be Triennial instead of Annual. I have been induc'd to propose this Alteration from the Experience I have had of the inconvenience occasion'd to his Majesty's Government in the Province of the Massachusetts Bay by annual Elections of Members to serve in the Assembly; it being a general Observation that the Assembly at the latter end of the Year endeavour to distinguish themselves by their Opposition, and moving some popular Points in order to recommend themselves to their Constituents, and secure their Elections for the ensuing Year, which (among other Inconveniences) is wholly owing to the frequency of their Elections. 3. The Governour to have Power to suspend the Lieutenant Governour and any of the Councellors (not exceeding a limited number) at any time, transmitting his Reasons to his Majesty for such Suspension; also to remove any Judges, Justices of the Peace, Sheriffs or other Officers, which are nominated and appointed by him with the advice and Consent of the Council; at any time after their appointment by a Writ of Supersedeas or otherwise without the Advice and consent of the Council; which is now a disputed Point in the Province of the Massachusetts Bay. No special Reason need be assign'd for this. 4. That the number of Representatives shall be limited in the Charter, as well as that of the Councellors, so as not to exceed the just Proportion to that of the Council; for want of doing which in the Charter of the Massachusetts bay, the balance between those two Branches of the Legislature there has been in some measure destroy'd. As to the proper method of doing this, whether by allotting every County that shall be erected within the Province, a certain number of Representatives to be chosen by a majority of the Electors within it, but not above a determinate number of members to be chosen out of any one Town, and no Town which has not 40 Families tax'd to the publick rates in it, to be capable of having any of its Inhabitants Elected; but yet all the Inhabitants of every Town, though the number of their Families is less than 40, should be admitted to vote for the Representatives of the County, or by any other particular scheme for the Representing of the several Towns in the Assembly in as equal a manner as may be, I will not presume to take upon me to say. By the Charter of the Massachusetts bay it is left to the General Court or Assembly to direct and declare what number each County Town and place shall choose; and what is chiefly propos'd here is, that the proportion settled in the Charter between the Council and House of Representatives should not be exceeded, without his Majesty's Approbation first had; and that his Majesty should have a Right, in such case, to Augment the number of Councellors, as he shall think proper. No farther reason need be Assign'd, than what is already given for this Alteration. 5. That the liberty of conscience in Religious worship should be extended to the Papists among the present French inhabitants for such definite time, as his Majesty shall be pleas'd to determine, after which all Papists to have the same Disqualifications and Incapacities, as they have in England. The circumstances of the French inhabitants being represented before, no special reason need be given for this alteration. 6. That his Majesty should have a Right to incorporate any Town in such manner, as he pleases, any Law of the Province for granting the several Towns any privileges or Liberties notwithstanding. Experience of the bad Influence, which the mobbish factious Spirit of the Town of Boston occasion'd by all points being carried by the Populace at their Town meetings, have ever had upon the other Towns in the government and upon their own Members which are generally leading men in the Assembly, is the reason of this Alteration being propos'd. 7. His Majesty to reserve to himself the appointment of the Chief Justice of the Province, and the Attorney General, besides those of the Governour, Lieut Governour, and Secretary mention'd in the Charter of the Massachusetts Bay. No special reason need be assign'd; the Chief Justice, and Attorney General being principal Officers of the Executive part of Government. 8. That the Judges of the Supreme Court of Judicature, which shall be erected by the General Assembly, shall have the same Power and Authority to hear and determine all matters in Equity, which the Judges of his Majesty's Court of Exchequer have in England. The Assemblies of the Northern Colonies seem to have an aversion to erecting Courts of Equity and are fond of taking the administration of that part of Justice into their own hands, which frequently occasions great Irregularities, and Incroachments upon the Courts of Judicature, and a bad administration of Justice; to prevent which this Alteration is propos'd, and as it seems a better expedient than for the Governours to act as Chancellors. 9. The Governour and Council to have Cognizance of all Controversies concerning Marriage and Divorce with the Incidents thereunto. No special Reason need be assign'd for this. 10. That appeals in all cases deserving the same shall be allow'd from the Judgment or Sentence of the Courts of Judicature, where the last trial is had, to his Majesty in his Privy Council; and that an appeal to his Majesty in Council may of common Right be demanded in any case whatever, whether real, personal or mixt, which shall exceed the value of three hundred pounds Sterling, and that in all cases upon either party's desiring that Evidences may be taken in writing in order to be produc'd upon the hearing of an appeal before his Majesty in Council, the Court where any Case is last Try'd, shall order the same accordingly The Reason of this is that for want of this Proviso's being so fully express'd in the Massachusetts Charter, as it might be, the Provincial Courts of Judicature dispute his Majesty's Right to hear Appeals in Real actions; and, wholly to elude that Clause in the Charter, will not oblige the Parties to give |