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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Preface 68   View pdf image
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Ixviii Introduction.

and the activities of the Maryland representatives. There will be found in the
Maryland Gazette for September 11, 1766, an advertisement announcing the
publication of this pamphlet. In the pamphlet we find recorded the events lead-
ing up to the calling of the Congress, the credentials of the commissioners
from the colonies represented, the journal of its proceedings, the addresses
to the King and both houses of Parliament, the letter to Garth, and the expense
account of the Maryland representatives. As far as can be learned, the Garth
letter and the expense account are not to be found elsewhere in print. It therefore
seems advisable to reproduce in full in the Appendix (I) this extremely rare
pamphlet of which only two copies are known to have survived, giving as it does
not only an account of the Congress itself but of certain activities of the Mary-
land representatives of which there is no other printed record (pp. 327-356).
It is to be noted, however, that the journal of the Lower House for the May,
1766, session, as recorded in the official manuscript liber from which the pam-
phlet was printed, does include the proceedings of the Stamp Act Congress and
the other items listed above as missing in the 1765 journal, although these are
not to be found in Green's contemporary printed Votes and Proceedings for the
May, 1766, session, doubtless because the publication of the pamphlet had made
reprinting unnecessary.

//. Proprietary instructions. Formal orders and instructions were issued at
frequent intervals by the Lord Proprietary to the Governor, directing him as to
what position he should take on various public questions and on matters in-
volving the personal interests of the Proprietary. Most of the instructions
for this 1764-1765 period have already been printed in Volume XIV of the
Archives, but five, which have come to light since the publication of this volume
in 1895, will the found in the Appendix (pp. 356-363). The originals of all
these instructions are in the Calvert Papers in the possession of the Maryland
Historical Society. All were issued early in the year 1765, four of them bear-
ing the same date, January 16, 1765.

One of these instructions (A), dated January 16, 1765, expresses the Pro-
prietary's warm approval of the action of Sharpe and the Upper House in
refusing, at the October-November, 1763, session, to approve the Lower House
bill relating to the enrollment of land conveyances, unless that house added a
specific provision that the alienation fee, really a transfer tax, be paid to the
Proprietary before the deed could be recorded in court (pp. 356-358). It may
be added that Daniel Dulany, the Proprietary's legal adviser, felt that such a
specific provision in the act itself was unnecessary, because its payment was
provided for under the terms of the patent, and that therefore the fee could
be collected in the Court of Chancery (The Calvert Papers Number Two, 1894,
pp. 235-239: Md. Hist. Soc. Fund-Publication, No. 34). In 1766, doubtless
as the result of Dulany's opinion, a law, which made no mention of the
alienation fee, was passed and approved. (B) Under the same date another
instruction by Frederick to Sharpe was issued directing him, under no circum-
stances to assent to any bill in which the license fees for ordinaries or inns,
under which the Proprietary's "sole right and privilege" to these was not
specifically recognized (pp. 359-360). The dispute between the Proprietary


 

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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Preface 68   View pdf image
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