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Volume 662, Page 41   View pdf image (33K)
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OTHERS GREAT AND SMALL 41

for the convenience of the public, they ought not to infringe
upon the Commissary's income. So for each act performed by a
deputy the principal might charge his own fee, except on pauper
estates after 1699.

It was about this practice, and about the extent of the deputy's
powers, that the two houses disagreed. Pleading convenience to
the people, the Lower House tried to push the deputy's juris-
diction upward; as a saving to the public they sought to forbid
the principal's taking any fee for acts of his deputy. We have
seen that the former proposal won a limited victory in the Inspec-
tion Law of 1747. The latter suggestion, constantly opposed in
the Upper House, was agitated in' 1745, 1747, and 1753. 8 It was
a principal issue in the fee controversy under Governor Eden.

Meanwhile the Commissaryship, though lucrative, had proved
to be a place of some expense and more trouble. Besides pro-
viding paper and writing materials this officer had to pay his
register, called the Clerk of the Prerogative Office, who in turn
would hire two or more clerks assistant. Moreover, from 1731
he was burdened with a saddle, payable at first to Lord Baltimore
and later to the Principal Secretary. This annual charge, origin-
ally imposed upon Captain Charles Calvert by His Lordship's
instruction of January, 1730/1, was at first £ 50 sterling a year.
Under further orders of December, 1751, it was raised to £ 100
and was given to Cecilius Calvert, the new Principal Secretary. 9
In 1768 Commissary Walter Dulany successfully resisted an
attempt to impose upon him an additional £ 100 taken off the
salary paid by his brother, Deputy Secretary Daniel Dulany the
Younger. 10

The office must always have entailed some attendance, but its
duties became more onerous after November, 1734, when the
elder Daniel Dulany, " out of a Desire of being popular, " began
giving the public more attention than had earlier been thought
necessary. 11 His son, Walter Dulany, in 1768, declared that: "

8 Ibid. XLIV, 39-56, 368; L, 243-44.

9 Lord Baltimore to Charles Calvert, Jan, 1730/1 (Calvert Paper No. 295 1/2,
p. 41 ); Daniel Dulany, Sr., to Lord Baltimore, Sept. 24, 1743 (Dulany Papers);
John Sharpe to Edmund Jenings, Dec. 20, 1751 (Calvert Papers, II, 122).

10 Hugh Hamersley to Walter Dulany, March 28, 1768, and Aug. 1, 1769; Walter
Dulany to Hugh Hamersley, Aug. 1, 1769 (Dulany Papers).

11 Horatio Sharpe to Cecilius Calvert, April 19, 1761 (Archives, IX, 498).

12 Walter Dulany to Hugh Hamersley, Sept. 29, 1768 (Dulany Papers).


 

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