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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 245   View pdf image
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The Lower House. 245


mate to the executive Part of Government some of whose Services
too from the Nature of them cannot as you say be reduced to Account
that therefore he ought to be paid out of the Money collected for the
Support of Government the Propriety of this Application was the
Office now to be erected we think stands sufficiently evinced and Prece-
dent the only Argument for a Journal Allowance at this Time remains
to be answered. On this Head permit us to quote the Words of a
celebrated Author a very good Judge on the Subject whose Senti-
ments on Alatters of greater Consequence than the present Dispute
are as universally admired as seen in the elegant and beautiful Dress
with which he has been pleased to cloath them in a late Pamphlet
Speaking of the Force of Precedent he Says "when Instances are
urged as an Authoritative Reason for adopting a new Measure they
are proved to be more important from this Use of them and ought
therefore to be reviewed with Accuracy and canvassed with Strict-
ness What is proposed ought to be incorporated with what hath been
done and the Result of both Stated and considered as a Substantive
Original Question and if far from being a rational Argument that
Consistency requires an Adoption of the proposed Measure that on
the contrary it suggests the strongest Motive for abolishing the Prec-
edent when therefore an Instance of Deviation from the Constitu-
tion is pressed as a Reason for the Establishment of a Measure
striking at the very Root of all Liberty tho' the Argument is incon-
clusive it ought to be useful
Wherefore if a suff.t Ans.r were not given to the Argum.t drawn
from Precedents by shewg that none of the Instances adduced are
applicable I should have very little Difficulty in denying the Justice
of the Principle on which it is founded What hath been done if
wrongful confers no Right to repeat it. To Justify Oppression and
Outrage by Instances of their Commission is a Kind of Argument
which never can produce Conviction tho it may their Asquiescence

L. H. J.
Liber No. 52
Dec. 16

whom the Terror of greater Evils may restrain from resisting and thus
the Despotism of the East may be supported and the natural Rights
of Mankind be trampled under Feet. The Question of Right there-
fore doth not depend upon Precedents but on the Principles of the
Constitution and hath been put upon its proper Point already dis-
cussed whether the Colonies are represented or not in Parliament"
It was on this Principle if we mistake not that the glorious Revo-
lution was effected: it is on this Principle we dare say that your
Honours as a Council of State are content to wave such Parts as
you do not claim or wish to have of that extensive Jurisdiction exer-
cised by the Council under diff.t Idea of Policy it was on this Prin-
ciple that our Predecessors firmly and effectually opposed the Claim
for Councillors Attendance Double per Diem Allowances to the same
Person for Attendance in two or more Capacities in the same Day
equally sanctioned by Precedent as the present Claim the monstrous

p. 341



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 245   View pdf image
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