As to the appointment of the council, I am of opinion that neither the popular elections in this province, nor their appointment in what are called the royal governments by the King’s mandamus, are free from exceptions, especially if the council as a legislative body is intended to answer the idea of the house of lords in the British legislature. There they are suppos’d to be a free and independent body, and on their being such the strength and firmness of the constitution does very much depend: whereas the election or appointment of the councils in the manner before mentioned renders them altogether dependent on their constituents. The King is the fountain of honour, and as such the peers of the realm derive their honours from him; but then they hold them by a surer tenure than the provincial counsellors who are appointed by mandamus. On the other hand, our popular elections very often expose them to contempt; for nothing is more common, than for the representatives, when they find the council a little untractable at the close of the year, to remind them that May is at hand. It may be accounted by the colonies as dangerous to admit of any alterations in their charters, as it is by the governors in the church to make any in the establishment; yet to make the resemblance as near as may be to the British parliament, some alteration is necessary. It is not requisite that I know of, that a counsellor shou’d be a freeholder; his residence according to the charier is a sufficient qualification; for that provides only, that he be an inhabitant of or proprietor of lands within the district for which he is chosen: whereas the peers of the realm fit in the house of lords, as I take it, in virtue of their baronies. If there should be a reform of any of the colony charters with a view to keep up the resemblance of the three estates in England, the legislative council shou’d consist of men of landed estates; but as our landed estates here are small at present, the yearly value of £.100 sterling per annum might in some of them at least be a sufficient qualification. As our estates are partable after the decease of the proprietor, the honour could not be continued in families as in England: It might however be continued in the appointee _quam diu bene se gesserit_, and proof be required of some mal-practice before a suspension or removal. Bankruptcy also might be another ground for removal. A small legislative council might answer the purposes of government; but it might tend to weaken that levelling principle, which is cherish’d by the present popular constitution, to have an honorary order establish’d, out of which the council shou’d be appointed. There is no way now to put a man of fortune above the common level, and exempt him from being chosen by the people into the lower offices, but his being appointed a justice of the peace; this is frequently done when there is no kind of expectation of his undertaking the trust, and has its inconveniences.