The Upper House. 107

Affairs, his Acting in an honorary Office, and having a Share in the
Government, evidently distinguish his Case from that of a Clerk,
who could have no other Inducement, than the Gains of it to desire
an Appointment. In 1753, the Proceeding of 1736 were referred to,
& upon Inspection we find that the Allowance of the Members of
the Council was controverted, yet no Objection to the Clerks Salary
was intimated, so that your Inferrence that they were considered
in the same Light is not admissible. As to the Occurrences in 1750,
1751, and 1752, this general Remark may be applied to all of them,
that there were other Claims not inserted in the Journal as well
as the Clerk's, which have been always since admitted, & are inserted
in the present Journal, and, after all, the Fact turns out to be
incontrovertible, that the Clerk of the Council's salary hath always
been allowed in every Journal that hath received the Assent of the
Legislature to this Time.
Your Message of the 17:^th Instant, coming to us in the Evening,
and the Reading of it not having been finished 'till about 8 ^oClock
in the Night, we have not Time to discuss so fully as the Nature
of the Subject requires, the Topics relative to the I2^d p Hogshead
Tonnage &c, and especially as your Impatience, for Reasons we
admit to be very pressing, and are extremely sorry have occurred, is
so very excusable.
We conceive that Lord Baltimore is clearly entitled to the I2^d p
Hogshead, without being liable to render any Account of his Appli-
cation of the Revenue arising therefrom, because by a perpetual
Act now in full Force, that Impost is given for the Support of
Government. We apprehend the Law to be perpetual, because the
Time of its Duration is unlimited, as well as the Subject of it, and
that his Lordship is entitled to receive the Revenue, because he is
Hereditary Governor, and that as well the Meaning of the Terms
"Support of Government" as the Construction always put upon them,
whilst the Government of this Province was administered by Gov-
ernors appointed immediately by the Crown, shew, that the Revenue
belonged to the Governor without rendering an Account any par-

U. H. J.
Liber No. 36
Dec. 19

ticular Application, The Kings Governor, M^r Copely, received Money
granted for the Support of Government, by a Law which passed
while Lord Baltimore administered it.
We conceive that when Grants have been made for the Support
of Government without any further Explanation, the Terms have
been always understood to mean the Support of the Governor, and
therefore your Imagination that the Clerk ought to be paid out of
it is without Foundation, and that Contemporary Exposition, as well
as uniform subsequent Usage, is a clear Answer to your Objection.
During the Time the Government was administered by a Governor
appointed by King William, no Account was ever rendered or called
for in Referrence to the Application of Monies generally granted

p. 287