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tiality; no Examination of your Conduct, however improper, in any
other Jurisdiction; no new Tryal, Writ of Error, or Appeal; Your
Determination, whether of Acquital or Conviction, would be no Bar
to a second Prosecution in a legal Judicatory; On these Grounds I
was Advised, and pursued the Step, which, I am convinced, was con-
stitutional, which the Occasion required, and which the general Se-
curity demanded, and am extremely sorry that it has proved to be so
offensive to you. M.r Steuart has already severely suffered, for any
Irregularity he may have committed, by a rigorous, and ignominious
Imprisonment; to inflict double Punishment for the [same] Delin-
quency, is not consistent with the equitable Spirit of our Constitution,
tho' he may be liable to it —
His Lordship's Authority has not yet interposed in any Regula-
tion of the ffees of Officers, nor have I any Reason to imagine that
it will interpose in such a Manner as to justify a regular Opposition
to it. So far as I may be concerned in any such Measure, I shall take
good Care to act on mature Consideration; what I shall judge to be
right and just, will be the only Dictate, by which I shall be determined.
M.r Calvert and M.r Steuart have been made acquainted with your
Complaint against them, and I send you their Answer by which you
will observe that they did not intend referring to any Proclamation
respecting their Dues, nor do I perceive any Irregularity in their
Conduct as I am of Opinion they were not bound to do the Services
without an immediate Payment of, or Security for, their ffees; the
Rate which had obtained under Act of Assembly for more than
twenty three Years, and expired so lately as the 22:d of October last,
seem to be the most unexceptional they could follow. His Lord-
ship has, I think, the clearest Right to dispose of his real Estate
upon such Terms, as he may think proper; to direct the formal Ob-
servances in making Titles to his Grants; and to settle and regulate
the Rewards his Officers in this Department, may demand and re-
ceive. Be assured, Gentlemen, that I shall, on every Occasion, pay a
due Regard to your Rights; that I shall never countenance the illegal
Exactions of any Officers, nor submit to any Usurpation, which may
essentially endanger that constitutional Balance of counteracting
Powers, so necessary to the Protection of the People, and the Preser-
vation of the Public Peace.
Gentlemen,
This Answer to your Address you should have received before,
had I not, from a tender Regard to the Welfare of the Province,
chosen rather to suffer a temporary Imputation, than that your
Attention should be directed from the very important Objects before
you, of the depending Inspection Bill
Rob.t Eden
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L. H. J.
Liber No. 54
Nov. 20
p. 187
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