283 | To Lord Colvill

    Boston Ap. 25. 1764

    My Lord

    I have received your Lordships letter of Mar. 29.1 When I enclosed the Enquiry into the Effect of 2 of Geo 32 I meant to show that that Act had not taken from the Governors of America their right to a share of Seizures made by Virtue of former Acts: & tho’ the Arguments therein used have not their weight with your Lordship, they appear to me to be conclusive in favour of the Governors. I should not have been sorry if the late Act had taken these perquisites from the Governors: because it would have given them an opportunity to apply for an Equivalent. I shant be sorry if they should be taken from the Governors; because I doubt not but that they will have an Equivalent. But untill these perquisites are taken away by Law, It is too early to ask a compensation for them.

    I do not pretend to limit your Lordships power over your Officers, nor to show how the sevral duties of their sevral ^different^ functions are to be reconciled to one another. But it appears to me very plain, that in regard to what they do under their Commissioners from the Custom-house, they are to all purposes mere custom-house officers & are answerable to the same superiors as other Custom-house officers are. And I do not consider this as derogatory to your Lordships Authority over them, as officers of the Navy: it is not uncommon for one person excercising two different offices to be subject also to two different departments.

    I cannot think myself bound by the concessions of other Governors, untill I am made acquainted with the reasons upon which they have proceeded, and see cause to be made sermined3 by them.4 However your Lordship hereby shows me the expedience of communicating to the other Governors the reasons which induce me to support this right. This I shall do by sending them Copies of the paper, I transmitted to your Lordship, in blank Covers: & let evry one judge for himself. A Difference of Opinions in this Case may be unavoidable: but to act with openness & candour in support of my own, will I hope be allways in my power

    I am &c

    The Rt Honble the Lord Colville


    Your Lordships last letters to London are gone by the Brig New Swallow, Gardner, for Bristol, which sailed from hence the 15. Inst.

    AL, LbC BP, 3: 39-40.