"14 Nov. 1791—11 Nov. 1793" 307

Ordered that the western shore Treasurer pay to John Shaw Twenty five pounds on
Account.

His Excellency the Governor and Mr Pinkney attended

[p. 171] Ordered that the western shore Treasurer pay to Moses Maccubbin Three pounds,
two shillings and six pence for riding Express,

That the said Treasurer pay to Abraham Gambell an Invalid Pensioner in Dorchester
County for the Deficiency of three Months half pay, Two pounds, five shillings due him the 1st
November last,

That the said Treasurer pay to Joseph Sands One pound seventeen shillings and six pence
for riding Express to Baltimore to the Electors.

The Board took into Consideration the following Petition of Thomas D. Merrick:
To his Excellency the Governor of Maryland and the honourable the Council:
The Petition of Thomas D. Merrick of the City of Annapolis respectfully shews
That under an Act of Assembly passed at March Session 1780 and shortly after its passage
he was appointed Clerk of the Court of Appeals by the Judges of the said Court, in consequence
whereof he qualified as such and has ever since continued to Act under their appointment, That
doubts have lately been entertained as to the Constitutional authority of the said Judges to
appoint to this Office and that it has been supposed that the power is exclusively vested in this
honourable Board by [p. 172] the forty eighth section of the Constitution and Form of
Government. Your Petitioner does not presume to determine whether this opinion is just or not
but as in a case of this kind involving consequences the most important, every pretext of doubt
ought, if possible, to be removed, he begs leave to solicit Your Excellency and Honors, that if
upon examination of the authority of the Court of Appeals in this particular shall appear either
questionable or unfounded you will honor him with a reappointment or a confirmation of that
already made. He submits his qualifications for the Office to the determination of the honorable
Board presuming that whether he is qualified or not his own recommendation of himself cannot
avail him. But as he has been the choice of the Judges, and has lately removed to the Seat of
Government for the purpose of attending more punctually to his official duties, and as he has
hitherto conducted himself in this Station without occasioning complaint or giving a cause for
it, he hopes from your Excellency and Honors a favorable reception to his present application.

T. D. Merrick
19 Nov'r 1792

[p. 173] And thereupon Resolved that so far forth as this Board is or may be constitu-
tionally vested with the power of appointing a Clerk to the Court of Appeals, the said Thomas
D. Merrick is hereby appointed to the said Office, and further to secure his right to the same
it is hereby advised that his Excellency the Governor issue a Commission to the said Merrick
for the aforesaid Office, and a Commission issued accordingly.

Thursday 13. December 1792

The Council met.
Present as on yesterday.

Ordered that the western shore Treasurer pay to William Gilmour Six pounds on Account,
That the said Treasurer pay to Mrs Ann Levascher Thirty pounds for six Months half
pay due her the 1st of November last,