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

L H. J.
Liber No. 54
Nov. 30

safe and close, tho' "even in Cases of Robbery on the Highway, and
other ffelonies entitled to Clergy, Commitments are to keep safely,
or there to remain till delivered, &.^ta or at most safely and securely
to keep. When a Goaler is to keep his Prisoner safe, he is only
to restrain him, so as to prevent his Escape but when to keep him
safe and close, the Goaler is to shut him up from all the World."
Thus this Gentleman was condemned without Authority by the
Lower House, to undergo an Imprisonment, to which even Highway-
men and ffelons are not subject by the Law: and this is not the only
Instance of Severity in the Proceedings of the same Session, and the
Exercise of Powers incompatible with the Rights of the Subject.
To those who are authorised to give Relief, Petitions may be ad-
dressed. The Authority of the Upper House to reject a Bill from
the Lower, has not yet been discovered to be unconstitutional. A
Petition was addressed by many Inhabitants of Baltimore County
to the Upper House, against the Passage of a local Bill; their Justice
would not allow them to dismiss a Petition complaining of Injury,

p. 294

without Examination; but being offensive to the Lower House, it
was condemned in a subsequent Session by a Resolve, and Process
ordered against the Signers of it, many of whom were arrested and
sentenced to pay ffees. Gentlemen supposed to have signed the Peti-
tion, tho' Strangers to it, were discharged without the Mulct of ffees;
but without Satisfaction too for the Expence and Trouble of their
Journey, Attendance and Loss of Time.
Under what Law, upon what Principle is it, that the Lower House
gives ffees to their Officers, and under the Pain of Imprisonment
direct the immediate Payment of them? Your Officers have Salaries
or Allowances exclusive of these ffees. If ffees be Taxes, has the
Lower House alone Authority to impose them? If properly recover-
able on a Quantum Meruit, why is your Officer to be paid by your
Ordinance? The Officers of Government are supported only by their
ffees, they have no Salaries, they give Credit to those whom they
serve. The Clerk of the County Court claims only Nine Pence for a
Summons and gives Credit. The Clerk of your House gains three
Shillings for the same Service, and is paid immediately, or the Person
liable is imprisoned. If there be no Act of Assembly, authorising
your Practice in allowing ffees to your Officers, whence do you
derive your Authority? You must depart from your Principle, if
you allege the Power to be incidental.
In the Year 1669 the Governor and Council settled the ffees of
your Clerk at thrice the Sum the Clerk of a County would be entitled
to, for a similar Service, have you derived your Practice from this
Ordinance? If Allowance be made for late Reductions, the Pro-
portion is nearly preserved.
Under what Law, or on what Principle is there an Allowance to
your Speaker and Clerk on the Passage of Private Bills? You,
alone, are not the Assembly.