Fees in the American Colonies. 
119 
merous contentions with the various governors over the fees of 
office which these could legally collect. The conclusion of each 
of these disputes left the people more conscious of their politi¬ 
cal rights, and led to stronger demands for their recognition. 
No one of the colonies has been entirely free from struggles of 
this kind. Under proprietary governments the governor was 
continually tormented by the proprietor to find lucrative places 
for the latter’s friends and connections. The fees and perqui¬ 
sites which these favorites collected in North Carolina, became 
in time so unbearable as to result in an open quarrel between 
the two houses of the legislature. The lower house representing 
the people finally won the day, and passed an act in 1762 regu¬ 
lating the fees of office which might be collected by the ap¬ 
pointees of the Governor. A similar struggle took place in 
Maryland, over an act passed by the legislature providing that 
the port duty, which up to that time had been collected by the 
Governor, nominally for the support of the forts and fortifica¬ 
tions, should be granted him by law, but should not be levied as 
his prerogative. The preamble of this act stated “ that it was 
not their intention to deprive the governor of an honorable sup¬ 
port, but only to assert and maintain for themselves, their con¬ 
stituents and posterity, that principle and most essential 
branch of liberty to which they conceive themselves entitled 
as subjects of Great Britain, of not being liable to the payment 
of money, tax, impost or duty, except such as shall be war¬ 
ranted, raised, and assessed by the laws of the province.” 1 A 
similar dispute arose in 1754 regarding the so-called duty 
on ordinary licenses which the lower house claimed as public 
revenue. 2 The history of every other colony presents numerous 
instances of this kind. The citizens of Massachusetts were re¬ 
peatedly opposed to their governors on the question of fees of 
office or other prerogatives, while New York, after a long ser¬ 
ies of contests on just such questions, finally succeeded in mak¬ 
ing the governor amenable to the legislature, both in his ap¬ 
pointments and in the collection of fees of office. Liberty-loving 
1 MacMahon, History of Maryland , p. 179-180. 
2 Ibid., p. 298. 
