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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 163   View pdf image (33K)
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The Lower House. 163


In the Secretary's Office
Lib. DD ......... N.° 11 Containing Judgments

All which is submitted to the Consideration of the Honble House
Signed by Order John Courts Jones Cl. Com.

Which was read the first Time and ordered to lie on the Table
The House adjourns till Monday Morning 9 O'Clock

L. H. J.

Liber No. 54
Nov. 9

Monday November 11.th 1771
The House met.

All Members present as on Saturday except M.r Buchanan, M.r
Gresham, M.r Moale, M.r Weems, M.r Dennis, M.r Allen, M.r Robins,
M.r Chaille, M.r Contee and M.r Chamberlaine.
The Proceedings of Saturday were read

M.r Johnson, one of the Conferrees of this House delivers to M.r
Speaker the following Paper

From an Expectation that if the most material Points could be
settled there would be little Difficulty in Matters of less Importance,
we declined reasoning on some of your Propositions tho' we are
persuaded we could evince the Propriety of such Parts of the Bill as
are therein objected to

In the present Bill the Lower House have adopted the Provision
for the Clergy proposed last Session by the Upper House. No Argu-
ment can be necessary to evince to the Upper House the Propriety
and Justice of their own Proposition. Your Honours are now
pleased to object to this Part of the Bill and have observed "what
passed the last Session not having been productive of any Regula-
tion, can't, you presume, be binding on both Houses at this Time."
Permit us therefore to remark that tho' upon the Concurrence of
both Houses only neither of them are legally bound, yet in Point
of Consistency essential to the Dignity of Legislation, a Departure
from a Proposition solemnly made and deliberately acceded to can-
not be justified whilst the Principle remains upon which the Propo-
sition was founded. You have not even intimated that you have
changed your Opinion of the Propriety and Justice of your own
Proposition, nor have assigned any other Cause for departing from
what you proposed than the Assurance you have had by Message that
his Excellency will not pass the Law with the Alternative extended
to the Clergy. The Lower House of Assembly profess themselves
totally unacquainted with the connection between the Governor and
one Branch of the Legislature, and your Honourable House and
therefore we cannot express ourselves on the Propriety of this

Nov. 11



 
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Proceedings and Acts of the General Assembly, 1771 to June-July, 1773
Volume 63, Page 163   View pdf image (33K)
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