562 Assembly Proceedings , September 23-October 26, 1723.

U. H. J.

Reasons mention'd in our Message of the 14^th Instant by M^r
Beale and five others.
Signed p Order M. Jenifer Cl Lo. Ho.

p. 119

Which Message being read the following Answer was
prepared thereto (viz),

By the Upper House of Assembly 8^br the 19^th 1723.
Gentlemen.
Upon Reading yo^r Message of this Day by M^r Hill & five
more we find you are still Resolved not to Allow us any thing
for our Attendance as a Council of State. But since our last
Message to you on Searching more Carefully into our former
Records of Laws we find another Act of Assembly made in the
Year 1692 for laying a Duty of four pence p Gallon on
Liquors which Act Expressly provides that the Council shall
have an Allowance out of that Duty. And as that Duty has
Continued ever since only w^th the Abatement of One penny
p. Gallon and is still Applied to the defraying the Publick
Charge as it was then, only differing in that it does not Ex-
pressly mention the Council which we conceive to be Omitted
because It was properly a Publick Charge, and therefore
thought to be sufficiently Expressed under that General Term,
and as we take the Reason of the Council Allowance being
made in Tobacco to be derived from this Law, either because
the Council rather Chose to have their Allowances in Tobacco
than money, or that the Country rather chose to make their
Allowances in Tobacco and Reserve the Money for some more
particular Occasion; therefore since you refuse to make us
an Allowance as heretofore in the Publick we insist upon
having it out of the 3 Pence p Gallon upon Liquors as afores^d

p. 120

which we take to be the proper fund for that Purpose.
But if you Cannot consent so to do, we desire that you will
consent that the Journal of the Committee of Accounts may be
altered, And Your Allowances as well as ours taken off: for
we think we have as much Reason to refuse your Allowances,
as you have to refuse ours. With this Alteration we shall be
ready to Assent to the Journal and finish the Busieness of
this Sessions which Already has been very Long.
Signed p Order Sam^l Skippon Cl Up Ho.

Sent to the Lower House by Col^o Holland and CoP Young.
The Petition of Rich^d Young late Gate Keeper praying to
be Restored to the Office of Mace Bearer and Drummer to the
Lower House of Assembly in Consideration of his Age,