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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 163   View pdf image (33K)
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The Lower House. 163


mittee, evince, that those Revenues were deemed, in the Sense of
both King and Parliament, of a public Nature, and for the public
Use, and accordingly, we find, have been enquired into and accounted
for under the Acts of Parliament last mentioned, and more par-
ticularly as to Fines and Forfeitures, they are looked upon, as Part
of the Profits arising from the King's Courts of Justice, and are
said to go to the King, for the Trouble and Charge he is at in hold-
ing Courts & bringing Offenders to Justice. This being the Case
with respect to the Crown Revenues, your Committee are of Opinion,
that the Lords Proprietary of this Province, cannot claim greater
Advantages, Prerogatives, and Immunities, than belong to the
Kings of Great Britain, nor ought they to expect the People here
to support the Civil Government in every Branch thereof, whilst
they dispose at their Will and Pleasure, of all the Revenues appro-
priated by the Constitution of the Mother Country to public Use.
And, altho' our Ancestors did, very improvidently, in the Infancy
of the Country, when these Incomes and Revenues of the Lord

L. H. J.
Liber No. 52
Nov. 15

Proprietary, arising from the Courts of Justice, and otherwise, were
inconsiderable, make a perpetual Provision for many of those Ex-
penses, yet when the People are called upon for a further Supply,
towards the Support of any of the Officers of his Lordship's Gov-
ernment, not provided for by perpetual Laws, your Committee are
of Opinion, that in such Case the People have a Right inherent in
the Constitution to call on his Lordship, or his Governor, to render
an Account of the Monies arising from those Revenues, and to
have the same applied in Case of their Burthens, unless it should
appear that those Monies have been already applied to public Uses,
and that his Lordship has not the same absolute, uncontroulable
Right to them, as to any Part of his private Estate, as has been
alledged. And your Committee are also of Opinion, That tho' the
Act of Assembly does direct, that the Provincial Amerciaments shall
be applied as the Governor and Council shall direct, yet, the Legis-
lature did intend, to such public Use as they should direct, and never
meant to give them a private Property therein; and under that
Idea we doubt they have heretofore directed them to be paid to
the Clerk of the Council, towards his Support as an Officer of the
Government. And your Committee are clearly of Opinion, That
whenever new Taxes are demanded to defray the Expenses of Gov-
ernment, it becomes the Duty of the Representatives of the People,
to have an Account rendered of all Provincial Amerciaments, as
well as of all Fines and Forfeitures at the Common Law, and of
all Forfeitures received in Virtue of any Laws of this Province
limiting the same to the Lord Proprietary, for the Support of Gov-
ernment, that their Constituents may see that all those Monies are
rightly applied for the Use declared, and the Province in General
thereby eased in the Taxes laid on them, or attempted to be laid on
them, for supporting the Expenses of Government

p. 447



 
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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Page 163   View pdf image (33K)
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