202 Assembly Proceedings, March 22-April 11, 1760.

U. H. J.
Liber No. 35
March 22

Levies of your Province so that they may be Assembled at the
Rendezvous which I shall hereafter appoint by the Tenth of April at
furthest
I have also in Command from his Majesty to recommend to you
that Collecting and putting into a proper Condition all the Arms
which can be anywise rendered serviceable or that can be found
within your Government in order that the same may be employed
as far as they will go in this Exigency: As a further reason for
which I referr you to my Letter of the 16^th February 1759 and now
offer you the same Encouragement I did then Viz.t that for every
one of such Arms as any of your men shall bring with them, and
that may be Spoiled or lost in Actual Service, I will pay at the rate
of Twenty five Shillings a Firelock
From this Encouragement and your known Fidelity and Attach-
ment to his Majesty I have no doubt of your Exerting yourself to
the utmost on this Great Occasion, where the future Welfare and
safety of America of your own province in Particular, are so nearly
Concerned
I am with great regard Sir
Your most Obedient humble Serv.^t
Jeff; Amhurst

p. 419

[The Opinion of his Majesty's Attorney General, Charles Pratt]
As to the Nomination of Commissioners by the Lower House
In my Opinion the Sole Nomination of these Commissioners, who
are new officers Appointed by this Bill belongs neither to the Pro-
prietary nor to the Lower House Stricto Jure; but like all other
new regulations must be Assented to by both, but can be claimed by
neither, the Proprietarys Charter intitles him to nominate all Con-
stitutional Officers, and all others which by the Laws are not other-
wise provided for but I do not Conceive my Lord has any Original
Right to nominate new Officers Appointed for the Execution of a
new Law without the Consent of the two Houses; nor on the other
hand have the Lower House any such independent Authority; and
therefore I think the Upper House are right notwithstanding this
claim in which they ought to be Supported by the proprietary,
because it is unreasonable for one Branch of the Legeslature to
Assume a Power of Taxing the Other by Officers of their Single
Appointment

As to the Insufficiency of the allowance of the Commissioners of
the Loan Office

My Lord should not medelle with this question which is proper
to be discussed and settled by the two Houses as it Concerns only
the quantum of allowance for the Officers, and does not encroach
upon any of the Proprietarys Rights