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Correspondence of Governor Sharpe, 1761-1771
Volume 14, Page 301   View pdf image (33K)
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Correspondence of Governor Sharpe. 301

Licences which he Considered as part of his own Revenue, he
also found the Copy of a Deputation to Mr Dulany from Mr
Calvert with two Bonds by the Latter for the due Admron of
the Office, and payment of the Stipulated Salary of £200
pr Ann. both alike reciting the Deputation. All these he like-
wise directed to be transcribed, mutatis mutandis, and I Exe-
cuted my part, as Mr Anderson did his on the part oi Mr
Dulany. Till the receit of your Letters, no Imagination was
Entertained that Mr Dulany had acted under your Excellencys
Commission, and not under the Deputation, much less did his
Lordship, who, your Excellency sees, was pleased to settle my
Appointments Imagine that the Quantum of the reserved
Salary, whilst it pursued the former reservation, wod have
occasioned the least difficulty. As his Lordship has given
way in the present Instance to the Objection arising from the
Deputation being my Act, by his Consent to my withdrawing
that Deputation, and sending your Excellency the Enclosed
Instruction, referring it to your discretion either to continue
Mr Dulany under his present Commission, or to Issue anew
one as shall be thought proper, It may seem unnecessary to
Enter into the Objections to the Secretarys Deputation,
arising either from the Acts of Assembly, or former Commis-
sions or Usage, But, I must Own, I think it a question well
worthy of Consideration in respect to his Lordships Preroga-
tive and just rights, nor can I see a reason why the Secretary
of this Province shd be distinguished from the same Officer in
almost all his Majestys American Dominions, where I scarce
know of a Resident Secretary, or of a Deputation not moving
from the immediate Principal: whether the Deputy be
appointed by your Excellency, or by me, as we both derive
our authority from the same source, the Appointmt in my
Apprehension, seems to rest upon the same foundation: a
Deputy of a particular character seems to imply a Principal of
the same Stamp, and is it not then a Solecism that he shd be
appointed otherwise than by the Principal: The Lord either
has or has not appointed a Secretary. If in the Affirmative,
Can any of the propertys & qualitys of the Secretary remain
in him. If Negatively, How can he Depute to an Office to
wch he has not before given birth and existence. I have
Looked into the Laws pointed out, which begin with an
Exception in favor of the Lords Deputy, and If he Appoints
me with a Power to Depute, my Deputy is virtually of his
Appointment, and consequently within the Exception, and I
believe it will be difficult to find a Commission ever granted
by the Crown for a Deputy Secretary, and if one cod be found
I shd Consider it as a resumption of the Office, or else the
Principal might have his Action against the Deputy for the

 

 

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Correspondence of Governor Sharpe, 1761-1771
Volume 14, Page 301   View pdf image (33K)   << PREVIOUS  NEXT >>


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