The Upper House. 551

ingly have passed a Vote on it, I must Observe to you that
the house have not duly Considered that Law and also that the
Law was Enacted when the Government was Imediately
under the Crown and Still lyes before it for its Assent or
Dissassent.

Againe I Cannot take such Persons to be Friends either to
the Lord Proprietor or the Country who woud have his Lord-
ship's Inclinations alone (tho in an Instruction) to have the
Sanction of a Law.
In a word I insist upon it that the 3^d p Tonn is due to me as
Gov^r untill my Comission is Legally Superseeded & resolve to
take all proper measures to maintain it.
Apr ill 21^st 1720

By the Upper House of Assembly Aprill the 22^d 1720

Gentl. It seems you have been much mistaken by your
answer of the 19^th Instant to our Message of the 15^th Your
Answer Seeming to relate to matters not touched only (but
very fforeign to that Message) And the Explanation his Excy

U.H.J.

therein Desired not at all given which was that your House
would Explain what their Conferrees did mean in the Report
from their Conferrence by saying that this Sessions was
likely very Speedily to Conclude which his Excellency takes
to be his Prerogative to Determine And therefore Desires
your farther Consideration of that matter
Signed p Order Jn^o Beale Cl Up Ho.

Sent by Esq^r Bordley to the Lower house who returns &
Says he Delivered the same.

By the Upp^r House of Assembly
Aprill the 22^d 1720
Gentl. We have observed the Gov^rs Gardner has been very
Serviceable and Curious in the makeing Levelling and rolling
the Shell walk before the Publick building for which the
Country has never been Charged any thing tho he has been
very Diligent and Laborious therein. We therefore Recom-
end it to you that He have some reasonable Allowance made
him as a Recompense for Such his Service.
Signed p Ord^r Jn^o Beale Cl Up House

Sent to the Lower House by Col Ward who returns & Says
he delivered the same.

p. 107