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U. H. J.
Liber No. 36
Dec 13
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counts, and the Committee made their Report, we did not affect to
conceal what appeared from them, and we have Reason to believe,
that what did appear from them, was pretty generally known, before
your second Step was taken, in sending us a Message, "requiring a
particular Account of the Charges of the Clerk's for Services per-
formed by Virtue of the Laws of this Province" The Accounts
have been laid before you, and we have finally your Determination
not only not to allow Him, in the Journal for all, but not even to
allow Him for any of His services to the Public; and why therefore
the Account was called for, we shall not undertake to Surmise, but
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p. 257
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it can't be directly denied that M.r Ross is entitled to the same Equity
and Justice with other Claimants on the Public; and therefore that
some Method should be fallen upon to compensate his Services.
But the usual Method, and the Application of Money in our Power
not being agreeable, you have intimated that he may be paid out of
the Monies received by Lord Baltimore for the Support of Govern-
ment, of which you suppose there remains a Sum, unapplied to any
Public Use, more than sufficient to make the Clerks of the Council a
full Compensation of all their Services, and which, without Doubt,
you expect will be applied as you propose, for if, in Equity Mr Ross
ought to be paid by the Public for his Services to the Public, a Propo-
sition for his Satisfaction, you expect to be ineffectual would be as
little consistent with Justice, as an absolute Denial of it. Wherefore,
we are willing to hope that if on a more mature Reflexion it should
appear to you, that there are no reasonable grounds to expect your
proposed Application will take Place, you will recur to the old Method,
and make the Clerk the usual Allowance in the usual manner. What
the Annual Revenue from Fines, and Forfeitures, and the one
Shilling p Hogshead received in Virtue of a perpetual Act of
Assembly laying that Duty on Tobacco for the support of Govern-
ment may amount to, we can form no Guess, nor do we know, or
believe that there remains unapplied to the Uses for which They
were given, any of the Monies which constitute that Revenue. The
Exposition of Contemporary Practice, as well as of uniform sub-
sequent Usage, opposes your present Attempt, for we have the most
conclusive Proof that They who gave the Duty upon Tobacco and
Forfeitures, as well as all successive Assembly's to this Time, did not
mean or imagine that the Clerk was to be paid out of the Monies
arising from them, since it is undeniable, that the Clerk of the
Council hath always been provided for by a Salary, which hath been
invariably allowed in the Journal; and we moreover insist, that the
Provincial Amerciaments are, by the express Terms of a positive
Law, subject to the Application of the Governor and Council only,
that Lord Baltimore is the sole Judge in what Manner the Monies
he receives, as Proprietary and Hereditary Governor of this Prov-
ince, for the Support of Government, ought to be applied to that
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