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ernment, your House should be permitted to assume and exercise
the Power you claimed. You are not sworn to determine according
to Evidence; to do equal Right and Justice to all Men indiscrimi-
nately. The Witnesses examined before you, in a Case of this Nature,
would be liable to no Prosecution, if perjured; there would be no
distinct Cognizance of ffact and Law; no Challenge allowed to pre-
vent Partiality; no Examination of your Conduct, however improper,
in any other Jurisdiction; no new Trial, 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 constitutional, which the Occasion required, and which the gen-
eral Security 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 igno-
minious Imprisonment; to inflict double Punishment for the same
Delinquency, is not consistent with the equitable Spirit of our Con-
stitution, though 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 October last,
seems to be the most unexceptionable 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
receive. 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 coun-
teracting Powers, so necessary to the Protection of the People, and
the Preservation of the Publick Peace."
A Commitment to be kept safe, tho' you had no legal Authority
to commit at all, was not a Punishment severe enough to be inflicted
on the Person, who incurred your Displeasure, but he must be kept
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L H. J.
Liber No. 54
Nov. 30
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