as contrary to the 1=t articke of the lase Capitailation;

On which subjes the members cameto the

folloaing determinatien

at ik being stipulated by thet3 artide of

the Capihelalion that na neu Establistments

should te introderied in the Colony without

the Consent of the Court of Policy, — andar kchis

Court do consider the Estatliskmet Introduchion

of a Custor House as an hotablistment detrimente

and ingurions to the Colony, they serefore

neitter can nor think themseloer justified

is consent to it. — that, horever, altho the

said frost article Casstttle asthe rest of ste

Copitulation) is not sibject te thekings pleateerd

oteriise than assar as it menhors the continuen

in Office oftte membors of the Court and puibli

Officers, the Court neverthelefs in ths pertioule

instance are willing to submit the question

respecting the appointment of Cestom

Houre ffiers in this Port, to His mngertyd

dicision, al they Are far from wlting to

oppose an Essallistment of that kind, if the

same is absolutely required by the navigation

Laurs of Graat Britaen in a Colong cercumstaneed

like this or if it can be demonstratie

ti te Corors thaf from the want of a Custom

Horse th Colony, Tould, in respect to its

Commerce and narigation, beplaetd en a more

21

eonfavourable pooting than ofter Plantations under

flis Majertys Goverrovenb

His Excelleney te Genval the Commander

in chief having heard the openion ofste vembers

desired Hey would stute Heir objechons againgt

tte Establistment of a CustomHouse, en wothog

in order to his lasing ste samebefore His

Mejestys ministers, — which was agreed to by

the Members.

His Excelleney nent made tte following

Communication;

Share furtter to luij

before this Honorable Court the or=

ders which I have received, and

which as Commercial Revenue,

Ido not conceive to be any way

connestid with the first article

of the Capitulation, I Stull there

fore as directed make Proclama=

=tion for the 4½ pCent Duty to

be levied, af the Same time

should, this Court wist to make

a