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petency to the arduous Business, you dwell on with a Satisfaction
bordering upon Indecency. Again, the Intendant cannot be con-
trouled, because the Judgment of a County Court cannot be con-
trouled. Is this the only Instance your Invention could suggest, and
what does it prove ? either nothing, or too much, for the Legislature
no more than the Executive, can Controul the Judgment of a County
Court, and yet the Intendant will submit to the Controul of the
Legislature. But a Little Consideration would have satisfied the
Intendant that he was unfortunate in the Instance he had selected,
for the Judicial and Executive Powers of Government are distinct,
and the Declaration of Rights has precluded all Interference of the
one with the other. You say we have no Power over the Revenue
by the Constitution. We acknowledge it, but we have a Power over
the Officers of the Revenue, flowing from the Constitution, as we
have sufficiently proved. We insisted, a Power must be somewhere
lodged; in Answer you observe, the Legislature may be convened.
How wretched must the People of that Government be, and how
contemptible the Government, which cannot restrain the pernicious
Practices of a Subordinate Officer, without incurring the enormous
Expence of convening the supreme Power of the State! Nothing is
more apparent than the Fallacy of the Argument you have deduced
from the Obligation of your Oath, the Securities required by Law,
the high Confidence of the Legislature, and your being responsible,
for it applies equally to the Exemption of all other Officers from
Controul who are under similar Restraints, and have the Confidence
of those from whom they received their Appointment. But the great
Caution of the Framers of our excellent Constitution deemed it
necessary for the Safety and Interest of the State, to place them
under the Eye and Power of the Executive.
We have now, we think, established, to the Conviction of every
candid, unprejudiced Mind, our Right to exercise the Powers which
you call assumed. That you may not be convinced, is very possible,
but when any future Occasion calls for our Interposition, we shall
have no Apprehension that you will disregard our Directions.
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October o
Liber No. 78
p. 385
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Thursday 10th October 1782
Ordered that the western shore Treasurer pay to Colo John Dorsey
ninety five pounds, eighteen shillings and six pence specie out of the
money appropriated for the Payment of Creditors of a particular
description per Certificates adjusted & passed.
That the said Treasurer pay to Dorsey, Wheeler and Compy one
hundred and sixty nine pounds, nine shillings and ten pence, Moses
Hudson fifteen Pounds, Henry Ayres, ten pounds, ten shillings,
William Selby nineteen pounds, nineteen shillings, Dennis Hudson
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October 10
Liber C. B.
No. 24
p. 343
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