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

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

stitution cannot be settled by any Authority less than the legislative,
the Judges of the King's Courts in Westminster Hall, who have
regulated the frees of Officers in various Instances, have been ex-
tremely culpable, and the juridical Decisions, as well as the Opinions
of Lawyers of great Emmeince [st'c], Lord Coke among the rest,
have been erroneous.
In the Year 1733, Lord Baltimore by his Proclamation settled the
ffees of Officers. His Lordship did not proceed without good Advice,
and if the Decrees and Judgments of all the Courts of Law and
Equity within this Province, in innumerable Instances, are of any,
and surely they ought to be of the greatest, Weight, his Regulation
was legal; for the Costs in every Suit from 1733 to 1747 were
decreed or adjudged in all the Courts, according to the Rates of
his Lordship's Proclamation.
It is true that the Lower House in the late Session declared their
Opinion, that ffees could not be regulated by the Lord Proprietary,
by himself, or the Advice of his Council, and threatned an Opposition
to what was called in their Address the Usurpation of such a Right.
My Answer was, that I had no Reason to imagine his Lordship's
Authority would interpose in such a Manner as to justify a regular
Opposition to it, nor have I yet any Reason to think that it has, tho'
it has met with your Opposition and severe Censure. I was not so

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rash as to promise, or sanguine to expect, that any Measure I could
pursue would divert the Aims of ffaction, or appease the Rage of
Disappointment. The plain View of the Address was, that the Loss
of the Inspection Law might be aggravated by the Confusion and
Vexation which would naturally arise from the total Want of every
kind of Regulation. Let it be supposed that Actions should be brought
for the Establishment of each ffee, or that Officers should be prose-
cuted for Extortion, who would be benefitted by the Litigation? Not
the Community in General. Such Contests would hardly be desired
by Friends to the Peace, Welfare and Happiness of this Province.
Not only your Regard for the Rights of the People in general,
but even for the Officers, has disposed you to complain, that they
have been illegally restrained. How far your Constituents may
think themselves obliged to you for the Objection you have made
against my Restrictions of the Officers, and Threats to remove them,
should they commit Extortion, I cannot promise; but I must remark
that you differ in Sentiment extremely from the Assembly in the
Year 1739, for when Governor Ogle, in his Speech, proposed, in
Order to encourage the Circulation of Paper Money, that the Officers
should be compelled by an Act to receive their ffees in Money, the
Lower House answered, that it was in his Excellency's Power to
command them; but he could no otherwise compel them to receive
their Fees in money, than by the Threats of his Displeasure and his
Power to remove them. How proper your Application of Part of
my Message, on the Subject of M.^r Steuart's Imprisonment, is to