Nova Scotia Archives

Au cœur de l'Acadie

Registres du gouvernement britannique à Annapolis Royal, 1713-1749

Governor's Letter-Book, Annapolis, 1719-1742.117

Deputy-Judge-Advocate to Gould.1

General courts-martial a novelty here: D. J. A. directed by the Lt. Gov. to apply to Sir Henry Hoghton H. M.'s Judge-Advocate-General "Or to you, for a Solution to the following Query's": 1. Has the Lt. Gov. power to cause a sentence to be executed immediately, even if advised by a majority of the court, or must he, even at this distance, wait the King's will? 2. Can crimes cognisable by General Court be tried by a Regimental? and the sentence of the latter put into execution? 3. But in this case, what is to be done with a criminal in such a remote part of the world, where such a General Court can seldom or never be called? "is his Crime to be remitted rather than to be condemned to Corporall punishment by a Regimentall sentence?" 4. In such a case, or in "any other Emergency of Moment" can warrant officers of the Board of Ordnance, and commissioned staff officers be lawful members of such a court, "Especially when a Generall Court cannot be otherwise Composed for want of Regimental Officers as aforesaid?" If so "In what Order are they to sit at the Board, to prevent Disputes?" 5. Has the Gov. power to remit, mitigate or alter the sentence of the Court, or to pardon the criminal?1

Ap. 4.

Armstrong to Deputies of Chignecto. [184
click to view original

On further consideration of their letter and minutes, and promises of good behavior and obedience, A. is ready to comply with their reasonable requests, provided they comply in regard to the quit-rents. Requires them to pay the quit-rents with arrears to James O'Neal, his receipt being sufficient, and they are to bring their contracts to him, to be laid before the Council, taking his receipt, as before: or, they may bring them to the Council themselves, as was ordered on Ap. 29th, 1738. If they comply, they will meet with a kind and agreeable reception.
Wm Shirreff Sec.ry. L. Armstrong        

1. Unsigned by Deputy-Judge-Advocate: but countersigned by Shirreff as Secretary .

March 31.