The Upper House. 499

Sort material or necessary, yet in Order that a Bill so beneficial to
the Province may not be lost we have agreed to the first four of your
Amendments, but cannot consent to the Mode of Recovery of the
Fines and Penalties imposed by the Bill, as the Method imposed by
your Honours will be attended with considerable Expence and great
Delay, discourage Persons that otherwise might be induced to inform
if the Recoveries could be obtained with more Ease and Dispatch, and
consequently defeat the End proposed by the Bill
We hope therefore that your Honours will recede from that
Amendment which if you do the Bill with the others will pass our
House for engrossing.

Signed p. Order M Macnemara Cl. Lo : Ho :
Adjourned 'till to Morrow Morning ten of the Clock

U. H. J.
Liber No. 35
May 3

Thursday Morning 4^th of May 1758:
This House met again according to Adjournment.

Present as Yesterday

The following Message with the Bill, entitled, An Act for granting
a Supply of £45000 : for his Majesty's Service, and the more imme-
diate Defence and Security of the Frontier Inhabitants of this Prov-
ince, and emitting £35000: thereof in Bills of Credit and raising a
Fund for sinking and replacing the Whole by an equal Assessment
on all Estates real and personal and lucrative Offices and Employ-
ments is sent to the Lower House by Richard Lee Esq.^r

By the Upper House of Assembly 4. May 1758.
Gentlemen
The Reason you give to vindicate the Style of the Preamble of
your Bill is not satisfactory to us, because there is not that exact
Analogy between the Constitutions of this Province and the Mother
Country which you would take for granted the Weight of precedents
urged in Support of the Priviledge claimed by the House of Com-
mons in Respect of Mony Bills can't be pretended to by your House,
on the Contrary the Number and Weight of the Precedents here
are too clearly against you to be controverted. That Money Bills
have taken their Rise in the Upper House, that they have been framed
in a Committee composed of the Members of both Houses, and that
they have been amended by us we presume need not be proved.

May 4

We do not claim our judicial Power because we are a mediate
Branch of the Legislature but because it is conferred upon us by
an Act of Assembly constituting the Members of the Upper House
Judges of the Court of Appeals were there not such a Source of the
judicial Power we exercise we are inclined to think that you would
not admit a Right to it deduced only from a supposed Analogy

p. 307