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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 240   View pdf image
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240 Assembly Proceedings, November 1-December 20, 1765.

L. H. J.
Liber No. 52
Dec. 1 6

on the Subject but that we can form a tolerable Guess and support
it from Probability We Suppose the Proprietary receives annually
upw.ds of £900 Str on the Article of Tonnage that the Governor
receives annually upwards of £200 Str on the same Article That the
Proprietor receives on the 12.d p Hh.d annually upwards of £1400
Str and for Comon Law Fines and Act of Assembly Forfeitures
granted for Support of Government annually upwards of £400 Cur-
rency and that the Provincial Amerciaments which as your Honours
observe are to be applied as the Governor and Council shall direct
Amount annually to upw.ds of 2500.lb of Tobo Suppose the People
of this Province recognized the Right of Government in the strongest
Manner to levy these Monies which has been long denied by those
who have heretofore occupied the Station we are now placed in with
the greatest Reputation and whose Memories are still dear to a
grateful People yet we contend that the above mentioned Monies
reced by the Proprietor as well as the Amerciaments subject to the
Gov.r and Council's Direction ought according to natural Justice and
the well known Principles of our Constitution to be applied to defray
the Expences of Government. We could wish with all our Hearts that
the Argument you have been pleased to adduce from contemporary
Practice and Exposition could be esteemed conclusive because as to
the Tonnage some former Member of your House as well as ours
rembred when the Record of the Act under which the Tonnage Duty
is pretended to be collected mentioned that Duty to be granted for
Fort Charges instead of Port Charges and that Fact stands evi-
denced by the most solemn and deliberate Act of the Legislature
against a Record suspicious on the very Face of it to whose Asser-
tions in Mres of Fact within their Knowledge Modesty requires at
least an equal Acquiescence as in their Opinion on Political Rights:
This Fact strengthened too by the Duty being laid on Powder and
Shot excludes any Pretence that the Imposition was for a private
Use and consequently this Act came under the Gen.l Repealing Law

of I7O4 and could not possibly he excepted by the Saving of private

Rights. If the 12.d p Hh.d is to be determined by the same Criterion
the sev.l Revenue Bills from 1716 to 1733 are so many deliberate
Acts of the whole Legislature that tacitly deny the Existence of that
Act and the Proprietary's not receiving the 12d pHh.d under the
Act of 1704 for all that Time is as strong a Concession of the Ex-
piration of that Act as the Allowance of a Salary to the Clk of the
Council on the Journal is of the Salary not being intended within
the Provision so that this Kind of Reasoning proves too much or
too little for y.r Purpose If it proves the Clk of the Council ought to
have an Allowance in the Journal it proves the Repeal of the Tonnage
Act and most effectually prove the Expiration of the Act of 1704
the Intention of making which is set out in the Preamble and shews
the Baltimore Family had before that Time under the Pretext of



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 240   View pdf image
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