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When on mature Reflection you shall have ascertained the Prin-
ciple of your own Practice, I flatter myself you will be inclined to
jud[g]e less unfavourably, and speak with less Asperity of the Con-
duct of myself, and his Lordship's Council.
Ever since the Settlement of the Province ffees have been received
by the Officers, the last Regulation of ffees, contained in the Inspec-
tion Law, was the most moderate and easy to the People; when you
chose to drop that Law, the Regulation of ffees expired with it.
Officers are necessary and must be supported, at the Expence of those,
for whom they perform Services. You contend that the ffees of the
Officer are recoverable only on a Quantum Meruit, to be ascertained
by a Jury; considering the Jurisdiction of our Courts, you must
perceive that an Officer in most Instances, when he is entitled to be
paid, can bring no action on which the Justice of his Demand may
be determined by a Jury; for the Demand may be 600 lb of Tobacco
or fifty Shillings Current Money of Maryland or it cannot be brought
before a Jury; if this be attended to, your Popular Argument must
strike with little Impression
The Duration of the Inspection Law, under so many Continu-
ances, affords a strong Presumption of the Utility of its Provisions,
and the Proceedings of the Lower House in the Year 1755, give a
most emphatical Proof of it.
The following is Part of his Excellency's Message to the Lower
House at that Time
"Having just received Advices from the Lord Proprietary, I take
this Opportunity of paying the most ready Obedience to his Lord-
ship's Instructions, by acquainting you that his Lordship has, on a
full and deliberate Consideration of the several Acts that were en-
acted in the October Session 1753, signified to me, that the Objec-
tions which lie against some Parts of the Act, entitled, An Act for
amending the Staple of Tobacco, for preventing ffrauds in his Maj-
esty's Customs, and for the Limitation of Officers ffees, would have
induced him to signify his immediate Dissent to that Act, had not
the Sense of the great Utility of that Part of the Act which relates
to the Staple of Tobacco, his Lordship's affectionate Regard for
his Tenants, and a firm Persuasion that you will not hesitate to pre-
pare a Bill to repeal the Parts objected to, inclined him to suffer the
Act to continue till his Pleasure thereon could be made known to
you, that you may have an Opportunity to agree with the Gentlemen
of the other House, on such repealing Act as his Lordship expects
and desires. The exceptionable Clauses are those that relate to the
regulating and limitting Officers ffees, and the Rates of English
and foreign Coins."
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L. H. J.
Liber No. 54
Nov. 30
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