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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 89   View pdf image
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The Upper House. 89


Purpose, and that your Denial of doing Justice to a Servant of the
Public, by the Application of Monies, over which you have a Power
with the Concurrence of other Branches of the Legislature, and
undertaking with this Refusal to point out the Application of Money,
which is independant of you, is effectually setting up a Claim un-
authorized by the Laws and Constitution of this Province, as well
as contrary to all Precedents. If, upon a more mature Consideration
of the Subject, you should really, and seriously think, that the
Clerk of the Council ought not to be paid in the usual Manner, and
an Application of any Part of the revenue given for the Support of
Government ought to be made for his Satisfaction, we have now to
offer to you a new Method for the settling the Justice and Propriety
of your new Proposition. We will agree to the Passage of a Law,

U. H. J.
Liber No. 36
Dec. 13

for raising, or applying a Sum of Money for the Support of an
Agent for each House of Assembly, who may be forthwith in-
structed to lay the Subject Matter of our Controversy before his
Majesty in Council, and to obtain as speedy a Decision thereon as may
be consistent with the usual Forms of Proceeding in such Cases, and
that the People may not have Reason to complain of their being
kept out of their Claims, We further propose that all the Public
Creditors be immediately satisfied except the Members of the two
Houses and the Clerk of the Council, who may wait 'till a Decision
of the Question shall be notified to us.
And now, Gentlemen, we think it behooves, in the most explicit
Manner, to declare to you, that if you, should remain inflexible, and
reject the Expedient we have offered for terminating the unhappy
Misunderstanding which hath already given a deep Wound to the
Credit, Peace, and Order of this Province, We, on our Part, shall
ever think Ourselves bound by all the Tyes of Justice and Honour
to support the Claim of the Clerk of the Council, and if nothing will
satisfy you but our Sacrificing a Servant of the Public, who in our
Judgment and Conscience, is most justly entitled to a Compensation
from the Public for his Services, tho we shall be most sensibly
affected with the Distress of the Public Creditors, and indeed of
the whole Province from the Miscarriage of the Journal, yet we
shall desire great Consolation from the Reflexion, that we have
exerted all just and reasonable Means for promoting its Passage, and
preventing the general Mischief of its Failure.
Signed p Order Upton Scott Cl: Up Ho:

Adjourned until 10 oClock Tomorrow Morning

p. 258

Saturday Morning 14 December 1765
This House met according to Adjournment
Present as Yesterday & Col Hammond

Dec. 14



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 89   View pdf image
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