The Upper House. 263

son be with the Greatest Propriety said to be attacked, who is in Pos-
session and attempted to be thrown out or deprived of that Pos-
session: The Case put by you, of One Man violently taking anothers
Money &c We presume is designed as a Point of Law, and not as a
Matter pertinent to the Dispute between Us; for We cannot by any
Means agree that the Fact is as you have stated it in that Paragraph,
We say his Lordship has a Right to the 12^d p hh^d by Virtue of the
Law of 1704 and at the same time give Our Reasons for not passing
the Revenue Bill, you deny such Right and give no Reasons for
maintaining the Reasonableness of the Revenue Bill, and yet seem
angry that We do not concur with you; But if You are desirous of
having Our Opinion on the Point of Law, We may venture to say,
there may be a Possession which some Persons may think fit to call
tortious, and yet Methods may be pursued to take away that Pos-
session which would make the Persons taking such Methods Ag-
gressors in the Eye of the Law: As perhaps neither House has much
Reason to boast of their Art of Ratiocination by the Rules of Logick,
We shall not contend with you for Superiority in that Part of
Learning
As you was not surprized at Our Negative to the Bill for Payment
of an Agent We presume that you were conscious such a Bill could
not be expected in Reason or Justice to have a Passage in this house;
And We declare that We cannot with Candor assume to Ourselves
the whole Glory of using the word Minister, since the Agent de-
scribed in that Bill very readily and naturally, suggested to us the
Idea of a Minister as mentioned in our message
You endeavour to state a Case as plausibly as you can for the
Consideration of the Publick, but if you will be so candid as to allow
the Upper House capable of being actuated by any Principles of
Honour Justice and Reason in matters where his Lordship is con-
cerned, Your whole Reasoning falls to the Ground, nor have We
as yet denyed a Passage to any other Bill for an Agent but that One
in the shape you sent it Up to Us
You affirm that this House told you, you should not have that Bill
unless you let the Governor and Us have as well the nomination of
the Persons to be made use of on this Occasion as to determine what
should be paid them for their Trouble

U. H. J.

No. 734

We are really astonished and truely concerned that any Warmth
should have transported you to that Assertion; All that we contended
for was, a joint Nomination with you as in other Governments;
These are Our Words, " that the Concurence of the Governor and
Upper House should be made necessary in the Nomination and Ap-
pointment of the Person designed for that Imployment, And that
the Agents on behalf of other Plantations are generally nominated
by the Legislature or Government " And surely there may be such
a Person found as to be unexceptionable in the Judgment of Every

p. 56