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U. H. J.
Liber No. 36
Dec. 16
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Members of a distinct Branch of the Legislature, by whom you are
as little entrusted as we are by our Constituents, and whom none
of your Measures can constitutionally bind without our actual Con-
sent and Approbation, a Law therefore imposing a Tax upon all
exported Tobacco, and thereby drawing a Contribution from the
Property of the Members of the Upper House, vesting the Sole
Power, without any Participation of any other Branch of the Legis-
lature, in your House of applying the Revenue arising from the
Tax in which Manner and to whatever Purpose you should think
proper without Controul or Account, would be an Innovation in-
compatible with the Spirit of Equity and of our Constitution, by
depriving us of the Right we have to be consulted in the Application
of our Property, and in the Introduction of all new Regulations
which may in any Respect affect us or our Posterity, and instead of
leaving us the Check and Defence we now have against every in-
jurious Attempt, by sinking us even below the Level of the lowest
qualified Freeholder or Mechanic. If the End for which you are
desirous to support an Agent, is the Benefit of every Order and
Rank among us, why should we be excluded from the Nomination of
Him or the Consideration of the Propriety or Inexpediency of the
Measures which may be proposed for the Accomplishment of it? If
the End should be such that a Contrariety of Opinion, and an oppo-
sition consequent upon it, may be naturally expected, your End is
what we should object to if declared, and would it be equitable that
you should be furnished with all the Means to enforce your Preten-
tions, and that we should be deprived of the Means to defend ours?
If any material Alteration of your Constitution of Government is
your View, would you wish it to take Place unless it might redound
to the Welfare of your Country ? May you not be mistaken in your
Sentiments on this Head, & is it not for the common Interest that
the Subject may be fully discussed and that all who may be affected
in the Settlement may be equally and fairly heard? Why we have
dissented to the Bill you sent us, as the Preamble of it expresses
"for supporting an Agent resident in London for managing the
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p. 261
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Affairs and taking Care of the Interests of the People here and
making Application to our Gracious Sovereign the Parlement, or the
Lord Proprietary as the Case may require" we have already declared,
& the Reasons we have given in Support of this Dissent will explain
our Motives in making the following Propositions.
We propose that One Agent may be appointed by the two Houses,
and the Revenues to arise from the Tax upon Tobacco may be subject
to their joint Application, should not this Proposition be agreeable,
we propose that each House may have an Agent, & a Sum of Money
in their Power applicable to his Support and further, if you please
that an Account of their respective Application of the said Monies
be exchanged Annually between the two Houses and presented to
the Publick View.
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