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MSS Ar-
chives of Md.
Portfolio 2
No. 76
Hall of
Records
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ment of the Province been a few Instances of His exercising such
Power, but good Policy must make the Proprietary very cautious
in the Exercise of this Prerogative
3.d The Upper House or Council in Maryland does consist of
Twelve Members, Nine of whom do hold Offices, but in value far
short of the Amount suggested by the Querist, & in the other
Colonies abovementioned several of the Council & their nearest
Relations do hold Places of much greater Profit than any in the
Disposal of the Proprietary of Maryland, nor is it to be supposed
that such Gentlemen by holding those Offices are in any respect
the less or worse qualified to consult for the publick Good or to
serve His Majesty in the Station of Councillors
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[p. 3]
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4.th Tho the Members of the Upper House are nominated by the
Proprietary & have probably some sense of Gratitude yet as they
are at least as much interested in the general Welfare of the Prov-
ince as any of the other Inhabitants & must out of Regard to their
Posterity & near Relations be averse to countenancing any En-
croachment of the Proprietary on the Liberty Priviledges or prop-
erty of the People, it cannot be supposed that the Proprietary did
he endeavour to carry any unwarrantable Schemes into Execution
would find the Gentlemen of the Upper House ready to make him a
Compliment at the Expence of their own honour, & the happiness
of those with whom they are most closely connected, especially when
they would by such a Step render themselves justly obnoxious to the
Execrations of the whole Province.
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[p. 4]
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5.th As the King has a Right to dissent to any Acts of Assembly
made in the Crown Governments, which His Majesty often does,
so the Proprietary of Maryland claims & from time to time tho
but seldom hath by Virtue of his Charter & the Power reserved
to himself by his Commission to the Lieutenant Governor exercised
the power of dissenting to Laws made there & transmitted for his
Approbation in which Case he gives Reasons for such his Dissent as
that the Laws are repugnant to Acts of Parliament or the like & till
his Dissent is published under the Great Seal the Laws continue in
force; Nor can it be said with greater propriety that there are four
Branches of the Legislature in Maryland & three of them in the
Proprietary, than that the Legislature in Virginia or the other
Colonies abovementioned consists of four Branches & that the King
has three of them; but suppose there were twice as many Negatives
in the Legislature of Maryland, yet if no Act could be made without
the Consent of the People's Delegates their Liberties & Properties
would be as well secured as if the Legislature consisted of only the
Proprietary & House of Delegates for it cannot be supposed that an
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