The Upper House 579

out of the Impost Duty But we wish for the Sake of that Good
Correspondence w^ch is necessary to be preserved between the
two Houses, that you had not given us Just grounds of bring-
ing the same Charge ag^t y^r House, when you would Insinuate
to us, because in Assembly Time we are allowed by Law
150^l of Tob^o p Day & no more that therefore we are pre-
cluded from our Claim on Ace^t of Other Services. We are
very confident that many of the Members of Your House
would not be well pleased to be ty'd down by such a construc-
tion, which indeed is too puerile and Ludicrous to take up any
more of our Time We therefore wave it as we have done
other Things to let you see our good dispositions to make an
Amicable Conclusion of this Session.
Gentlemen, We take these Payments made by the Assembly
to be so many Incontestable Proofs of the design of that Act
in the words such Publick Services, which we can with a great
deal of Justice say is no forced Construction; it being made

U. H. J.

Sacred to your House by the Sanction of a Resolve wherein
it Appears that the Countrey did not only pay the Councelors
Allowances at that Day (viz) Upon October the 2^d 1696 but
resolved that such payments were made according to Act of
Assembly We must further observe to you Gentlemen that it
was a very hard task laid upon our House, to trace the first
Growth and Progress of the Council Allowances w^ch Being
made by the Country for more than thirty years past, upon
Consideration that the 12^d p hhd, out of which the Councelors
were paid in the L^d Proprietarys Time hath been entirely ap-
plied to such other Uses, as leaves no Room for the payment of
the Council, otherwise then by the Country w^ch they were
perfectly well Apprized of and therefore paid their Allow-
ances by the Impost upon Liquors, untill the year 1697 that it
was resolved by the Low^r House that such Allowances of
150 ls of Tob^o p Diem was well Setled
Now Gentlemen seeing our Right to our Allowance or
Salary, Call it which you please is so Clearly made out to you,
both by the Journals of former Assemblies and the Practice

of Later Times, wherein we have been always paid our Al-

lowance by the Country, it cannot any Longer Remain a
Question in your House whether we ought to have any Al-
lowance or no Altho' it seems to us that another Question may
arise among you as the Result thereof, that is whether we
should be paid by my L^d Proprietary out of the 12^d p hhd or
by the Country as heretofore. It seems to us that the Act of
Assembly by which the Revenue of this province now is estab-

P. 146

lished that the 12^d p hhd raised tow^ds the maintaining the
Dignity and Station of his Ldp's Govern^r &c^a hath put that

p. 147