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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 471   View pdf image (33K)
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The Upper House. 471


We shall as you have done, wave the mention of many Facts,
especially of such as make but little or nothing to the Question be-
tween us, as whether the Law of 1734 was the only Law ending
with a Session, and other Facts of the like Nature, where as you
say, there is so little probability of our Agreement

U. H. J.
Calvert
Paper
No. 735

That we may not be supposed to misrepresent you to those impar-
tial Judges to whom you appeal in the third Paragraph we here
insert what you say in your two Branches of that Appeal, the first
runs thus viz. " Whether your offering a Bill for Raising Six Pence
per Hogshead for Purchasing Arms and Ammunition or any lesser
Sum, as the present Exigence of our Case may require for one, two
or three years, with an Assurance of renewing it and enlarging or
lessening the Sum if there should be Occasion, or our insisting on
Three Pence only for nine years, or for three and to the end of a
Session, bespeaks the greatest Care for this part of his Majestys
Dominions, or the most impartial views towards the Safety of the
Province at a Time of Impending Danger? The second part is to
this Purpose viz. " And whether your readiness to raise a Supply
for the encouragement of Freemen to inlist in his Majesty's Ser-
vice abroad, or our intire refusal of it, unless at the same time we
cou'd obtain the before mentioned Bill for Arms, &c. with our be-
loved termination of nine years, or a Session of Assembly, argues the
greatest Zeal for the Success of the British Arms ? " as to the first
we cannot on perusal of your Messages, discover the least mention
before now of Three Years, or the Assurance of renewing that Bill,
which you are now pleased to give: We hope, Gentlemen you did
not imagine it possible to mislead your impartial Judges or our-
selves, by this Assurance into a false opinion of your care for this
part of his Majestys Dominions; can you assert that such an Assur-
ance can oblige any succeeding Assembly to renew that Act, or that
such an Assurance is of the same Effect with an Act ? If it can tye
any future Lower House, what difference is there between binding
them by An Act, and such an Assurance, and why should not an Act
be now made for as great a length of Time, as any Revival or such
an Assurance may carry it? Especially since you have not offered
one Reason in any of your Messages, to shew the present Occasion
and Circumstances may not require a nine years Continuance: But
if your present Assurance may be disregarded by a future Assembly,
your Impartial Judges must conclude that Assurance is only made

p. 59

use of for an Amusement, and that you can as little Answer for your
Successors as in another part of your message, you think his Lord-
ships Governor or Ministers can answer for theirs; In the second
Branch of your Appeal, you seem to have recollected the Bill for
Encouragement of Soldiers (which we thought by your two preceed-
ing Messages had slipt out of your memory) only on purpose to
put our Behaviour on that Bill, in a wrong light, for we formerly

p. 60



 
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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 471   View pdf image (33K)
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