I Acknowlege it was a most Valuable present you sent me by the last Ships, for which I shall ever account my self singularly obliged: We in this Country being in great measure igno­rant of, and anxious to know what passeth a­mong you in London concerning Us, in these Remote Parts of the World, especially in the Winter Season; yea and fond of all New Occurrences. A­midst the other Papers and Pamphlets, That Entitu­led, Some Considerations on the French Settling Colonies on the Mississippi; was what I did Read most delibe­rately, expecting. The Advantages or Disadvantages that might thereby accrue to the Dominions of Great Britain, would have been set in a clear light. But after all, I observe, What was written therein with re­ference to that Settlement, was the Work of some Fran­tick and Self-conceited Scribler: That Subject being treated of much more accurately in some of the Other Papers: and that the Author had embraced that In­scription or Title to his Pamphlet, As a convenient way to Publish the Aspersions and Reflections which he had in View, not only against Col. SHUTE the [Page 2]Governour and Vice Admiral of Massachusetts-Bay &c. in New-England, and the whole Officers of the Court of Admiralty therein established; but also against the Lords Commissioners for executing the Office of Lord High Admiral of Great Britain, and which are contained therein, Namely, That he had given to their Lordships some grounds of Complaints (as he calls them) against Col. SHUTE the Governour, Master Menzeis the Judge, and other Offcers of that Court of Admiralty, and which their Lordships had not allowed to be Read. &c. And because you are desirous to be informed, What truth is in these Suggestions, and that I incline to continue a Correspondence with you, I shall give you as far as I have been capable to observe, not only my own thought, but also the general Sentiment of the Coun­try concerning these Reflections Published by that Au­thor under Mask, and yet not so cunningly screened, as not to be known who he is, or (at least) whom he Personats; and you may depend upon it, I shall ad­vance nothing herein, but what can be made plain by Vouchers. Omni exceptione majores: if necessary.

I shall pass by what therein concerns the Right Ho­nourable the Lords Commissioners of Admiralty, it being beyond doubt in this place, That if the Author have persevered in his Delirium, and discovered him­self to their Lordships, he hath received his just re­ward from them. Neither shall I insist on a Vindi­cation of Col. SHUTE, whose Wise and Prudent Conduct in all the steps of His Administration a­mongst us, is so firmly established, as puts him beyond the reach of Malice, and sufficiently able to clear him­self of all these false Accusations charged upon him: And I presume hath already done it to their Lordships of the Admiralties satisfaction.

As to the Judge, Register and Marshall of the Court of Admiralty in this Province: In regard the Charge [Page 3]against the Judge consists of sundry Articles, and of weight (if true) That I might be able to answer fully your desire, by a just & true account of these Matters, I have not depended on, my own private knowlege and opinion of that Gentleman; tho' I have endeavoured very narrowly to observe his deportment in that Sta­tion ever since he came into the Country, and could not discover any failour therein tho' frequently con­versant with him. And I may to you say, I would with as much pleasure have Published any blemishes in him, as any others, if I had observed any thing in his Conduct blame-worthy. But I have also at sun­dry times taken occasion to Discourse with some of the most considerable Persons in this Town, Such as Judges, Justices, Counsellours, Church-Men, Lawyers and Merchants, not a few, that I might have their Sentiments of him: Whose Testimonies do all agree in this, That he behaves himself very Prudently and Discreetly; is a firm adherer to His Majesty's Inter­est, as by Law established, a Lover & Promoter of the improvement of the Country: And that as his Station affords him opportunity, he gives sufficient proof of his Qualifications; and was never tainted with being guilty of any of the Articles wherewith that Pam­phleteer charges him. And moreover, the Articles of Charge are by the generality of Residenters in this Town considered as the Invention of One Mr. Smith, who was some time ago Advocate General in that Court, and the produce of his Vindictive Malice and Passion, in regard the Judge by advice of the Governour had suspended him ab Officio, for his rude & unbecom­ing behaviour in Court toward the Judge, the Lawyers, and others Members of Court; yea, and Scurrolous Lan­guage to a great many of the Leidges resorting thereto. &c. And who thereupon (as I am credibly informed) Swore to be Revenged on him; and now (as it seems) hath taken this Method, if possible to defame, and so to accomplish his pernicious design against him. [Page 4]Neither have I relyed wholly on the above-mentioned Testimonies, and my own proper knowledge of the Judge, but proceeded and obtained particular Informa­tion of the several Cases mentioned in the Pamphlet, and of the Judges actings in these Cases; And after a most strict inquiry and exact scrutiny concerning the same; I observed as follows: And therefore that I may give you an impartial account of his actings therein, and do him justice in the case, albeit his opi­nion and decrees did not always suit with my interest.

Whereas in Page 33 of that Pamphlet it is said, The Judge was unwilling to proceed in the Governours absence on the tryal of Capt. Smart seizour, until he got a promise of Forty Pounds, a Hogshead of Claret, and a Cask of Bran­dy; and that then he gave decree, and allowed all to be disposed of by the Captain, for his Majesty's use.

I have observed from the Records of Court, that any small delay therein, was occasioned by the Captains, not producing of the Writts found in these Vessels, when seized. And that the Court was continued and Twenty-four Hours allowed that these wri­tings might be produced in Court as the Laws directs. I also endeavoured by all means possible to discover if with Capt. Smart, or any other Person, the Judge had in that case or any other case made bargain for the Fees or Costs of Court before Sentence; or was in use to defer pronouncing of his decrees on any such ac­count; and could not find so much as one single Per­son either in Town or Country to assert it as true, or so much as to say, They had at any time heard it al­ledged against him. And I also observed, That the Judge in that case of Capt. Smarts had exacted no more for the dues of Court than is allowed by Act of Par­liament. 6. Anne Cap. ult. And which was divided as the Law directs. As to the Hogshead of Claret and Cask of Brandy, mentioned. I observed, That some­time [Page 5]after the tryal was over, and Capt. Smart had got the decree, and was disposing upon his Wines, he made Presents of some Part thereof to his friends and acquaintance in the Town, that commodity being somewhat rare in this Place; and amongst others be sent to the Judge his House a Hogshead of Claret; and to the others some more, some less, as he thought pro­per to bestow. As to the Brandy, The Author of the Pamphlet can find out what way it went if he please, for the Vapors thereof seem as yet to affect his brain.

Whereas in Page 57 the Judge is charged with Ig­norance of the Maritime Laws, and Unintelligible kind of Speech. I observe the Judges and Lawyers here are of a contrary opinion: As also I have occasi­onally seen his Act of Admission as a Barrister in Scot­land, which testifyeth, That he is a Gentleman who after a solemn tryal upon the Civil Law, which I pre­sume comprehends the Maritime Law, Many Years ago, was found sufficiently qualified; which you may easily be informed of where you are, by His Majesty's Advocate for North Britain, or other Gentlemen of that Country. And whereas it is Insinuated in the same Page, That the Judge is guilty of Corruption, and in most Cases frames his decisions in favour of the highest bidder. The Author, I observe, is at a loss in not ha­ving special Instances to condescend on, For I have with great application endeavoured to find out if there was any such thing true in Fact, and have not been able to discover any case that had the least tendency thereto: And the best and most eminent in this Place will readily assert his Innocence and Vindicate him from that Aspersion. And as to the Story contained in that Book or Pamphlet of the Judge his having ta­ken one Whale as costs of Court, for dividing another between two contending Parties: It is altogether Chi­merical, without any shadow of foundation, hatched by the Author.

[Page 6] As to the acquittal of the Ship called King GEORGE mentioned, Page 58, unjustly (as is alledged) when brought to tryal for Unlawful Importation of Iron, French Brandy & Irish Prizes, Anno 1718. And that for pronouncing the decree Absolvitor; the Judge received assignment to two Servants time, valued at 22 l. each. It consists with my own proper knowledge, That the decision in that case made a little noise, & the Informers alleadged, That Mr. Smith the then Advocate General had not done his part fairly; but however be that as it will, I also know that the Judge did exincontinenti, order the pro­ceedings in that case to be exemplified, and the exem­plification thereof transmitted to the Lords of Admi­ralty, that their Lordships might be apprized with the circumstances of that Case; which accordingly was done, and neither have the Lords Commissioners ex­pressed their dislike of that Sentence, nor hath the Informer obtained the decree to be reversed, which he had sufficient time and opportunity to have done, either by Appeal or Review, if the decree had been unjust. And as to the two Servants time mentioned in the Article, I must say the Author speaks without Book: For I have discoursed the Merchants who had the disposal of these Servants time; they are Men of good Credit, and I presume well known to the late Advocate General, Who are ready if called thereto to make Oath that the Judge payed 32 l. in Province Bills for them, which was the full Value, as others of the like kind were Sold.

And whereas the Pampleteer goes on and persists in a Billinsgate way of arguing, That the Judge his con­duct is unbecoming, and inconsistant with the Character of an Upright Judge in so far as he solicits and draws vex­atious Suits before him, for the sake of Costs, and encourages Attorneys, &c. To create Quarrels between Sailors and Masters, and gives advice to Parties, both before & during tryal, how to proceed, and altering the Sentences after pro­nounced, upon applications made to him.

[Page 7] I have to a Nicity searched for the Truth of these bold and arrogant Allegations, and all I can inform you of is that every branch of these Assertions are void of proof, unless it be taken for granted upon the Pam­phleteers word: But I observed in the course of my search that Mr. Smith when Advocate General, did in­deavour to Propogate such Practices, and to take Money from both Parties, which how soon discovered was one of the Motives that induced the Judge to Suspend him.

Whereas in Page 59, it is said, That the Court is made up of such Members, with whom one honest Man would think it a Scandal to act in Society.

All I shall say is, That the Author it seems is not as yet informed, That Mr. Smith the bane thereof, whilst Advocate General therein is now turned out of that Society, for the causes mentioned in the decree of Suspension pronounced against him; and an other Gentleman much more deserving put in his Place, by Commission under the Great Seal of Admiralty. So that he must be altogether a Stranger to the Members of that Court as now Constituted, (or not Compos Mentis) who talks so of them.

As to the Register of Court, all I shall inform you of, is, He is a very ingenious Gentleman, of pleasant Conversation, behaves very well in his Office, and most assiduous in his application, and gives great dis­patch in all cases to the Satisfaction of all Parties except to Mr. Smith, when a Member of that Court, by whom he would not be imposed upon: and who as I formerly represented to you is of all Men the most Unsatisfiable, where his Notions, however ab­surd are not received and acquiessed in as Maxims of Law. And albeit it be true, That the Register is also [Page 8]Secretary to Col. SHUTE the Governour; I can­not observe any inconveniency to the Leidges that way, for it is most certain the Governour doth not in any Manner take upon him to divert or influence him in the Sation as Register of Admiralty; and the Register is capable and hath time abundantly to execute both Trusts.

As to the Marshal of Court, He was about twelve Months ago also an Officer of the Customs by Com­mission from thence, which being Notified to the Lords Commissioners of Admiralty, Their Lordships did consider these two Offices as incompatable in One Person, and therefore required the Governour to call for & intimate to him their Lordships pleasure, viz. That he should make choice of one of these & abandon the other: This was complyed with, and he made his election to retain the Marshals Commission, & hath ever since acted as such, without having any com­plaints laid in Court against him, for misdemea­nour or unwarrantable exactions.

To Conclude, I observe, and cannot in justice to the Judge, The other Members of Court, and Leidges who are concerned in Cases brought before it, forbear to declare, That since Mr. Smith was laid aside, business is carried on with great Moderation & Dispatch, sine strepitu as the Law directs; whereas whilst he was one of the Members of that Society it was much other­ways.

P. S. [...], If Lying, Swearing, Backbiting, Who­ring & Dissimulation be by the Law of Nations declared the agreable Qualifications of a GOOD FELLOW of a Society: And if otherways. THEN, from such, Libera not domine.