198 Assembly Proceedings, October 2-November 30, 1771.

L. H. J.

Liber No. 54
Nov. 22

of an unwarranted Power. We find in the Lower House Journal of
May Session 1692 the following Entries: "Voted by the House,
nemine contradicente, that it is the undoubted Right of the Freemen
of this Province not to have any ffees imposed upon them but by
the Consent of the Freemen in a general Assembly"
"M^r Speaker with the rest of the Members appointed go up to the
Council Chamber upon the Conference appointed Saturday last
where they were admitted
M.^r Speaker acquaints his Excellency, that he was appointed by
the House, with several other Gentlemen to attend their Honours to
give them Satisfaction in relation to the Message sent them on
Saturday, and as to the greatest Part of the said Message he was
ready to comply with their Honours therein. But as to that Part
relating to Officers ffees, that the House had given him a Charge to
acquaint their Honours that they had fully searched into that Matter
and understanding all Things pertinent to that Question, have unani-
mously declared, that it is the undoubted Right of the Freemen of
this Province that no Officers ffees ought to be imposed upon them,
but by the Consent of the Representatives in an Assembly, and that
this Liberty was established and ascertained by several Acts of Parlia-
ment, the Authority of which is so great, as to receive no Answer
but by Repeal of the said Statutes, and produced the same with
several other Authorities; To which the Governor's Answer was, that
his Instructions from his Majesty was to lessen and moderate the
Exorbitancy of them, and not to settle them; to which M.^r Speaker
replied, that they were thankful to his Majesty for the same, but
withal desired, that no ffees might be lessened or advanced, but by
the Consent of the Assembly to which the Governor agreed."
And among the Acts passed that Session we find on entitled "An
Act for Limitation of Officers ffees"; and one entitled "An Act for
limiting the County Clerk's ffees within this Province," which regu-
lated and established the ffees of Officers. These solemn and de-
liberate Proceedings, was the Case otherwise doubtful, would, we
apprehend, be decisive. Permit us to entreat your Excellency to
review this unconstitutional Assumption of Power, and consider
its pernicious Consequences. Applications to the publick Offices are
not of Choice but Necessity. Redress cannot be had for the smallest
or most atrocious Injuries, but in the Courts of Justice: and as
surely as that Necessity does exist, and a binding fforce in the
Proclamation or the Regulation of ffees in the Land Office be ad-
mitted, so certainly must the ffees thereby established be paid, in
Order to obtain Redress. In the Sentiments of a much approved
and admired Writer, suppose the ffees imposed by this Proclamation
could be paid by the good People of this Province, with the utmost
Ease, and that they were the most exactly proportioned to the
Value of the Officers Services, yet even in such a supposed Case,