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the Treasury as any authority for them to make the payment. The law establishing the salary pledges the government for the payment of such salary, but does not make the appropriation; and without the appropriation the Comptroller and Secretary of the Treasury do not permit the payment.

As our constitution is in this respect like that of the United States, and as the Governor and council have no greater authority in relation to the State Treasury, than have the Comptroller & Secretary in relation to the National Treasury, and as the practice in the latter has uniformly been under every administration of the government to make payments only in consequence of appropriations, I have felt it to be my duty, previous to drawing warrants on the treasury, to submit this question to the consideration of the Legislature. From the present situation of our finances it may not be of much practical consequence, but when its decision is considered as establishing the practice for succeeding years; more especially when viewed as a question upon the construction of our constitution in relation to the Treasury, I trust it will not be deemed unimportant.

Council chamber Albion K. Parris..." Jan. 16, 1822 Read and committed to Messrs. Bradbury and Ripley with such as may be joined by the House. Sent down for concurrence. Came up concurred, and Messrs. Sprague, Lewis and Starr were joined on the part of the House. -

[Petitions committed] The Petition of Timothy Osgood praying that the duty of twenty five dollars paid by him as Register of Probate be refunded - was read and committed to Messrs. Witham and Tuttle, with such as the House may join - sent down for concurrence - came up concurred and Messrs. Clark, Leach and Head were joined.

The petition of John Feed for relief against prosecution for trespass on State lands - was read and committed to the joint standing Committee on State lands. Sent down for concurrence - came up concurred.