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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 377   View pdf image
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Appendix. 377


Mode of proceeding upon Money Bills, the only Subject of Contest
at this time subsisting between the two Houses? But yet their
Honours have, upon the Authority of these Passages, charged the
Lower House with arrogating to themselves the Rights and Powers
of a British House of Commons, which must be understood in a
general Sense, though the main Scope and Intention of the Lower
House, and their Expressions also, limit their Claim to particular
Privileges.

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.

From what has been said, I hope it appears to the impartial Reader,
that the Lower House, in their Message to the Upper House, have
neither set up for an unrivalled Zeal for His Majesty's Service, nor
arrogated to themselves the Rights and Powers of a British House
of Commons. And since the Upper House have been pleased to
alledge, that the Lower House insisting upon these two Points was
the Motive of their Answer to the Message, which would otherwise
have passed without any Notice; and since these Allegations are not
warranted, by any Thing to be found in the Message, it follows, that
their Honours Answer has no Foundation at all, and that the pom-
pous Fabrick, which they have erected with so much Labour, and
decorated with their best Ornaments, is nothing but a Castle in
the Air.

Their Honours are pleased to assert, "that the Claim of the Lower
House to the same Rights with the British House of Commons will
avail nothing, because having different Foundations, no Inference
can be drawn from the Rights of one to establish the Claims of the
other." Whether the Lower House are entitled generally (according
to the Import of the Position) to the Rights of the British House
of Commons, is not at present the Question, the Point in Dispute
being the particular Rights respecting the Mode of proceeding on
Money Bills. The Representatives of the Freemen of Maryland, in
Assembly convened, have the Right of granting Supplies to the
Crown in this Province, being essential to an English Constitution;
and the Limitation of all such Grants, as to the Matter, Manner,
Measure and Time, is in them only. These Rights are exercised

p. 11

by the Commons, but not claimed from Usage, but from this Prin-
ciple, that the free-born Subjects of England, and consequently their
Representatives, have a Right to grant their own Money in their
own Way. Their Honours say, that the Lower House have not a
Right to the Privileges of the House of Commons, because the
Foundations of the two Bodies are different. This implies, that if
the Foundations were the same, the Rights would be the same. Now,
as I said above, the House of Commons do not claim the Privileges
respecting Money Bills from Usage, but from this Principle, that the
Freemen of England, and consequently their Representatives, have
a Right to give their own Money in their own Way. If the In-
habitants of Maryland are free British Subjects, then the Principle

p. 12



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 377   View pdf image
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