The Sun.
London, England, 1820-09-23 00:00:00

BERMUDA.

IFrom" The Bernaudiaa," of May 10,1820.3
t"'As the proceedings of the House ,of Assem-
bly, on the subject of the Powder Fund, are not
genktally known, and as the Speech of his Ex- .
eellOncy the Governor bears marked reference-
to those' proceedings, we have extracted the
smile from the Journals of the House for the par-
TOse of enabling our readers to form a correct
estimate of the merits of his Excellency's extra-
ordinary strictures on that question."]
COLONIAL PARLIAMENT.
THURSDAY, FEBRUARY 241,189.0..
Mr. 11Ant., from the Committee appointed to
search for Laws relating to the Powder Fund,
tielisered in the following Report :--
We,
.yetir Committee appointed to search for
the several Acts of the Assembly, which autho-
rize and .have reference to the Public Fund of
these Islands, commonly called the Powder
•
Fund, beg leave- to report—
That the first Act of the series which we have
been able to discover relati'ce to this Fund, is an
Act entitled, " An Act for vessels paying Pow-
der Money," which passed the Legislature here
in the year 1690.
That the next is an Act entitled " An Addi-
tional Clause to an Act for vessels paying Pow-
der Money," -which passed in these Islands in
November 1703.
The third is an Act entitled " A Second' Ad-
tlitional Clause to an Act, entitled an Act .for
Vessels paying Powder Money," which passed
!here in the year 17:23. The three foregoing
Acts are in print-
The next that we have been able to discover,
is an Act in Manuscript, entitled, " An Act for,.
collecting a Duty of Gunpowder." This Act'
passed the several branches of the Legislature here
on the 9th'of April, 174, and repeals the three
preceding Acts, limey, the Acts of 1690,1703,
and 1723. And we have to observe, in reference
.to it, that we discover from the Journals of your
House, die 'following circumstances connected
with the history of its origin and progress.
On the 3d of November,l74l, His Excellency
Alured Popple., Esq. the then Governor, in an
Address to the Council and Assembly, signifies
his wish that such an Act might pass, in the fol•
lowin.- terms :
" c't have ?.ktly received an Instruction
from their Excellencies the Lords Justices, sig-
nifying his Majesty's express will and pleasure,
" that I should recommend to the Assembly of
these Islands, to pass a etiew Law for collecting
a Duty of Powder, said if have ordered a
copy to be laid before you for your direction
therein."

The following is a copy of tine iaastructions .re
(erred to :

BY THE LORTiS I urrices.

.To east, Therdwieke, C. fritmispon,
jievonohire, Matitagoe. LL. S.]
Additional Instructions to Alured Popple, Esq. Governor
and Commander-in-Chia in and ever his Majesty`o Islands
otod Plantations in America, comononlyscalled or known by
he name of tke Beromdroor Summer Islands, or to the Com-
oiaoderolvoChief of the .said Islands fur the time bring. Gken
at Whitehall the thiroeenth day of July, 1.741,,in the fifteenths
year of his Majesty's 'Reign.
Whereas an Act was passed in ins Majesty's Is'laeds of
Bermuda, in the year i 6,1,0-1, entituled, " An Act for Ves-
sels paying Powder Money," which Act is perpetual, and
therein it is left to the-choice of the Masters,of Ships to tray
Cie duty in kind or in money: But it has been found by ex-
ire:it:nee, that the receiving the said dotty in kind only whore
,Gunpowder could possibly be had., has been of great service
-in furnishing the I,Jagazines wait fuwder for the defence of
Majesty's Colonies in tianes of .danger: It is his _Majesty's
ooxeress will and pleasure, and von are hereby resuired and
oli7ected to-recommend to the Assembly' of • your Government
otoposs a new Lao v for collecting aOluty of ,"'under ; and that
e.l,e Law for thst purpose be made perpetual.: That a certain
Dime to the said Act, not exceeding twelve onoirtho, be allow-
for giving notice thereof to the several Masters of Vessels
radiog to yourGovernment,doclaringthat front and atter the
at lore limited in the said Act fur such notice, no cutottustation
+hall be allowed of lout upon evident necessity, which may
sometimes happen, whereof you, or the Commander-in-Chief
tror the't tine being in his Majesty's said Islands, arc to be the
Judge. In which case the said Master shall pay the full
price Gunpowder sells for there : And the Money so collected
shall he laid out as soon as may be in the purchase of Gun-
amoder And you are.also to transmit row,/ six months to
tl.e Commissioners for Trade and Plantatioos, an account of
the particular quantities of Powder collected under the said
Act in your Government, and also •a Duplicate thereof, to
;the Masterofeneral or principal °Ricers of his Majesty's
Ordnance.
J. A True Copy from the
V 7.. P. Original, and examined by
H. C. P. S. S. SMITH,
Vert of the Coursed."
On the itk of Norem'her, 1741, a Bill for collecting a duty
of Goopowder is iutooduced in the House of Assembly, and
read foe the first time; and on the 6th of the same month, a
onessege is sent by the Governor, to know—" if any thing
was done with regard to his Majesty's Instructiou relative to
-Powder?" And on the same day the House of Assembly is
_dissolved by the Governor, in consequence of disagreements
preciously existing with him on other topics.
On the 6th of April, 1741, a new Assembly meets; and
Cie Speech of the Governor, in opening the Session, com-
mences with the following words :—" The Powder Act, which
proposed to the last Assembly, not having been passed, al-
though recommended by Order of their Excedlencirs the
Lords Justices ; some acts being-expired, and others expiring,
tire the 'reasons which induces me to call you together at this
tioe, that you xaay have an opportunity of obeying their Ex-
cellencies' directions to a point so much fur your interest!'
Oat Doe 7tti of April, toy order of the House, a Bill was
tbrooght in, for " collecting a Duty of Gunpowder :" which
.accordingly passed on the 9th of the same mooth; and a
message from the Governor on the very same day announces
'is assent thereto.
tin tise.3d of 1744, the Governor, in a message to the
Vicrose, recommends them to pass an Act in amendment of the
Powder Act ; and on the same day, by Order of the House,
the Secretary attends, and suggests such anrendmendo as he
thinks necessary, to enable hint to perform effectually the
Duties of. his Office as Collector of Powder.
Alt the 4th of July, accordingly, a Bill was brought in, for
jUpendiow the Powder Act ; on the tuft of the sante month, it
Massed time House, and on the 7th was returned assented to
by the Governor.
1796, an Act passes the Legislature here, for the
Qin:pose of repealing a duty of Gutt Powder, of 1741, attd its
oromendinent of 1744, excepting however such part of the Act
ut t 741 as had repair(' the several Acts for Vessels pitying
Powder Money of 1690, 1703, and 1713. To this Act is a
clause suspending its force until his Majesty's pleasure should
be had thereon, and made known in these Islands ; and it is
generolly unelerstood that his Majesty's pleasure bas been
to disallow the said Act.
The last of the Acts which your Committee have been able
to .iiiseover relarise to the Powder Fund is, an Act of Sept.
taut , entitled, " An Act authorizing the Public Treasurer of
•t hese Islands to be the Receiver of the Fund commonly called
the Powder Fond." This Act, like the preceding one of
i 736, passed the Legislature with a suspendiug clause for his
Majesty's Assent, which .Assont having been withheld, it has
of course never become a Law.
In further reference to this above meet ioned Aces of 1742,
aqui 17 it, your Committee beg also to call your'attention to
the following notice on the minutes of their House, during
the Administration of his Excellency Governor Bruere,
which they extract hots n amongst various others which might
also be quoted—viz.
Oct. It, 1766, " Then Mr. Lewis, flepty. Secretary, at-
tended and delivered the following message, viz.

" His Excellency bah ordered me to acquaint Mr. Speaker
and the House of Assembly, that the late Assembly on their
result rrfconferencit of the 17th .Aug. f 764, and on the 28th
September following did -rote and consent to the repairs of
the Magatine, but did not raise or appoint any Fund for that
!impose, or point out any meant to find sort proper workmen.
His,Excellency further observes, that *1 that time lie thought
it was nut its his power to' sell err dispose of any Powder with-
out leave from home, and expressed himself in that manner;
but finds by his instructions when any conimutation cart be
allowed of, he is to be the judge of tire necessity of it, whicla.
he hopes may he turned to assist the said necessary work."
And to the following Resolution of the House of Assembly
of June 12, 1790, it, the time of Governor Hamilton ;—" Re-
solved, as the opinion of this House, That the produce of the
Fund established by an Act, entitled • An Act for collecting
a duty of Gunpowder,' is expressly by that Law appropriated
to the sole pur,pose of furuishing Gunpowder to the. use of
his Majesty's Government, and that a different application
cannot be entered upon., without departing altogether from
the original intetttionoT the grant."
Irt therefore seems to your Committee, that the only Act
now in force, which authorises the levying a tax for the pur-
poses of the Fund commonly called the Powder Fund, is the
Act of 1742, and its amendment of 1744; and that these Acts
were not only passed in obedience to a Royal Instruction, bat
were afterwards recognized by the King in a subsequent in•
struction to Iris Excel/cm:), Governor Bruer:, in the year 1766;
and also that Ilse Crown has invarioui instances since refused
its absent to any Act repealing the same.
It has appeatettiMideed, from a perusal of your Journals,
that immediately on the Act of 174 beconaing a law► and till
within a recent period, it hat been in complete send ttoquali-
fiedioperation. The Tax levied by it has been paid as there-
in directed, arid bas been repeatedly disposed of by the joint
Votes of the Legislature, for various and dissimilar purposes.
DANL. ROBT. TUCKER.
THOMAS HALL.
Ordered., That the following Message be sent
to His Excellency the Governor :

" May it please your Excellency,
" We are directed by the House of Assembly to request
your Excellency will be pleased to direct the Receiver of the
Powder Fund to lay his Accounts before' the House, at its
next wetting.
The House then Adjourned to Monday next.

MONDAY, TFURVARY ig.
The rfollowing Message was 'received from his
Excellency the Governor :

" WM. LUFLNY,
" 'ftle Governor and (;otuinander-in-Chief acquaints the
House of Assembly, in reply to flick Message of the 24th
instates, that he has givennlirections for the Accounts therein
referred to, to be prepared, and laid before them, as soon as
t hey .can begot ready. " W. L.
" •Govecnuient House, Feb. 28. 180."

TUESDAY, M..kILCII 14.
The Powder Receiver's Accounts were laid 'before the
HOUSC.—Adjuurned to Thursday next.

1111.71t3DA.Y, 111-11 CH 16.
Mr. HALL moved certain Resolves, which were read as fol-
lows :
Resolced—Tkat it appears to this House, that the only
Laws new in force relative la the deity of Gan Powder, are the
Act entitled " An Act forcoliecting a ditty or Gen Powder,''
passed in the year 1742; and an Act, 'Knitted " An Act foe
collecting a thify.olGun Powder," paised in the year 1744.
Resolvecl—That it appears by the first-mentioned Act,
that if at-any time the impost thereby levied shall, by per
of the Connitander-in-Chief, be fund in money, instead
of Powder, that such money shalt be appropriated to purchase
Gun Itowder.
Resolved—That it appears by the Jowrnals of this House,
that until the year 1408, whenever such money. was otherwise
appropriated it was by the joint vote of the several Brarscbea
of the Legislature.
Resolved—That by the Act ettitled " An Act for collecting
a duty of Gun Powder," it is, amongst other things, enacted,
That the said Secretary shall not at any time or times be
discharged of any Account relating to this Act, until they
he distinctly and separately passed by the Legislative Bodies
of these Islands.
Resolved—That it-appears by the Accounts of the Powder
Receiver, now before this House, that various autos have
beers paid by him out of the Powder Duty, otherwise than to
the purchase of Powder, without his having been authorized
thereto by the Legislature; anti for which he is as yet 'lliac-
quitted by thent.
Resolved, therefore—That his Excellency the Governor be
-requested to itistrnat the Attorney-Gettetal to institute an
action against the Powder Receiver, for such sums of money
as hare been paid by him out of the Powder Duty, without
the authority of the three .Branches of the Legislature;, and
that Benjamin Dickenson Harvey, Esq. a Member of this
House, be reilurated to assist the Attorney-General iu the
ptosecution of the said 'alit : and that both or either of them
be, and they are hereby requested, to continue it by appeal,
if necessary, and to adopt such measures as they shall deem
most expedient to obtain a full and final decision of it by the
highest tribunal to which it cars be referred.
Resolved—That a copy of the foregoing Resolves be sent to
his Excellency the Governor, amour:pa:lied with a nopy of the
Accounts rendered unto this House by the Powder Receiver.
Mr. Nathaniel Butterfield ne,Jved, as an amendment, to
strike out the 4th Resolve tile following words—" Such
sums of money as hare been paid by him,"—and instead
thereof, to insert the following—the sum of 31801. 17s. 11d.,
being the first monies paid away by him between the 191.11
April, 1309, and 15th July, 1813, both days inclusive.
Whiott being seconded and opposed. the. House divided—
Teas, 2—Nays, 13.
So it passed the negative.
The said Resoltes were then engrossed, and passed the
House.
Ordered—That the following Message be sent to his Ex-
cellence the Governor

"May it please your Excellency,
" We are directed by the House of Assembly to lay before
your Excellency a copy of certain Resolves passed by the
House, relative to the Powder Receiver's Accounts, together
witZi a copy of th,e said Acconuts; and to request your Excel-
lency's attention rt hereto."
Mr, Thus. It. Tucker moved the follussing Resolve, which
was read and agreed to :
Resolved—That the Hon. Robert Kennedy, the present
Powder Receiver, is held accountable by this House for all
suo.is of money paid away by him, from the Powder Fund,
except such as are authorized and approved of by the three
Branches of the Legislature of these Islands; and that a
Copy of this Resolve be delivered him by the Clerk of this
House.