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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 447   View pdf image (33K)
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The Upper House. 447


have been agreed upon and passed Both Houses: But since you have
been pleased, with your Objections, to give an absolute and general
Negative to that and all Other Bills either of this or any other
Kind, unless upon such Terms and Conditions, which, as they in
no way relate to his Majestys Service, but are in Our Apprehension
destructive of the Rights of those we represent, we cannot consistent
with Our Duty to them or Ourselves come into; and therefore shall
content Ourselves with telling you that We presume his Majesty
would be much better pleased with something to be really done for
his Service, altho attended with some Charge for Inconvenience to
those who do it, than with the greatest Pretensions and highest
Professions of Zeal for his Interest, tho dressed up in the most lofty
Words and pompous Expressions
Your first and principal Reason for not concurring with the Bill
for raising three Pence p hogshead for purchasing Arms and
Ammunition, We perceive is, because it is not made to subsist for
a determined time and to the End of the next Session after the End
of that Time, so that had it been made to continue for any Number
of Years, we find it would not have pleased Your Honours unless
it were to have ended with a next Session of Assembly, which in
Effect is making a Law that ought to be temporary in its Nature,
perpetual, or at least to endure so long as any particular Branch of
the Legislature thinks proper, tho contrary to the Inclination of the
Others, and Interest of the Country

U. H. J.
Calvert
Paper

No. 735

If the Constitution of Our Mother Country consisting of Three
Branches is the best, this Province has endeavoured to follow that
Example, and Every One of the least Penetration must allow, that
unless Each of these Branches be independ' and free from any com-
pulsory Power of the Others with Respect to their Actions, the Bene-
fit of such a Constitution is lost, and it must always be so, when
any One of the three hold their Places at the Pleasure of any of the
Others, or by the Enjoyment of Offices, or any other particular En-
gagement to Either of the Others, are thereby rendered more par-
ticularly subservient to it: And We think it is very obvious to Every
One in the Province, as well as Our Neighbours, what use has been
hitherto, and is still made of the Act subsisting for Arms and Am-
munition having it's Determination with a Session, and that it has
been kept on Foot, and We deprived of a Session of Assembly for
the sake of that, and another Act of the like kind, on purpose to drive
us into things which We think are inconsistent with the Interest of
the Province
As it is uncertain how long War with Spain will continue, or
how soon another with France may begin if not already proclaimed,
had your Honours proposed the double or any other Sum larger
than the three pence, that Our Trade could possibly bear, or had
a longer Time of Duration been mentioned to the Bill, so as it had

p. 30



 
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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 447   View pdf image (33K)
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