The Upper House. 31

ing Prisoner in Ann Arundel County Goal Michael Taylor a lan-
guishing Prisoner in Prince Georges County Goal William Bur-
roughs a languishing Prisoner in Kent County Goal, James Carter
a languishing Prisoner in Cecil County Goal Sarah Butcher a lan-
guishing Prisoner in Dorchester County Goal and William Bigges
a languishing Prisoner in S^t Marys County Goal thus subscribed
26 July 1740
Read and assented to by the Lower House of Assembly
Signed p Order M Macnemara Cl Lo H.
Read and assented to by this House and Ordered to be so sub-
scribed
Adjourned till Monday Morning ten of the Clock

U. H. J.

Monday Morning 28 July 1740
This House met again according to Adjournment

July 28

Present
Benjamin Tasker Esq^r | Col Charles Hammond
Edmund Jenings Esq^r | Col Levin Gale
Coi James Hollyday | Samuel Chamberlain Esq^r

p. 34

The following Message is sent by Col Gale
By the Upper House of Assembly 28 July 1740
Gentlemen
We are very much surprized, that you should think it incon-
sistent with Your Duty, and the Laws of the Province, to allow the
Article of I2o£ Tobacco to the Chancellor, since that Fee arises from
the Mercy and Lenity of the Governor Shewn to an Offender by the
Seal of a Pardon: And it must appear very extraordinary that the
Use or Charge of the Seal for such a Purpose is found fault with
by the Representatives of the People, nor can We presume there is
any Law against the Allowance, for We never heard that the Seal
to a Pardon was ever before scrupled, or otherwise paid, than by
the Publick
As We apprehend from the Reasons you give for the disallowance
of the 54898 ^£ Tobacco to the Secretary and Attorney General, that
you are not thoroughly apprized of the Nature of Those Fees, or
the Prosecutions on which they arose; We must observe to you, that
little if any, of the Account of 5647 1/2 due to the Secretary is founded
on the like Prosecutions as those in the Other Accounts of 21250 1/2
to the Secretary and 28000 to the General, and therefore not lyable
to Your Objections in Your Message of the 26 Instant; But as to
those two latter Accounts, the Prosecutions on which the fees arise
were commenced and carryed on for the Punishment of Violences
and Outrages committed on the Borders of this Province, and in
Order to preserve the Peace and protect and secure such of Our