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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 463   View pdf image (33K)
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The Upper House. 463


ment; And we hope, no other Part of the Legislature will assume a
Parity between themselves and the Lords of Parliament, so that
your Case is not applicable, & consequently from your own Con-
cession, what you have said has proceeded from the want of Our
Places: But further, Gentlemen, you will be pleased to consider, that
your Objection of Our Dependency, because we are removeable,
reflects on the Wisdom and Prudence of the Constitutions of the
legislative Powers in Every of his Majesty s Plantations, where
(except Pensylvania) we have always understood there are Coun-
cils with the Power of a Negative on all Bills, and that the Mem-
bers are removeable at the Kings, and to be suspended at the Gov-
ernor's Pleasure; And as to the Places we presume the same Quali-
ties of Integrity and Ability which recommend Men to a place in an
Upper House or Council, renders them also worthy of the best
Places in the Government: But were we to come to a strict Con-
sideration of the Difference between Our Legislative Constitution
and that of Great Britain, It would be obvious that it principally
arises from the Nature of dependent and independent Government
And if the several Branches of the Legislature would on all Occa-
sions keep this Dependency in their Eye, they would certainly be
more easy amongst themselves, and less troublesome to Others ;
since they must be sensible, their Sovereign is the Judge, and will
never approve any Behaviour or Act of the Legislature or any
Branch of it, for any other Reason, than that of it's being just
and reasonable

U. H. J.
Calvert
Paper
No. 735

We have looked again into your Message and find the Proposal
of your Alternatives in these very Words Viz. As it is uncertain
how long War with Spain will continue, or how soon another with
France may begin if not already proclaimed, had your Honours
proposed the double or any other Sum larger than the Three Pence,
that Our Trade could possibly bear, or had a longer time of Dura-
tion been mentioned to the Bill, so as It had a fixed time of Determi-
nation we would and are now ready to agree to Either, " as the
Necessity of the present Juncture may require " Has not the Delay
not only of this Bill, but of all Other Business been entirely occa-
sioned by the Dispute between the Two Houses, whether this Bill
ought to be continued to a determined time, or to the End of the
next Session; Have you not by the above Words of your Message
expressly declared your Readiness to agree to Either of the Alterna-
tives, so that the Bill might have a fixed time of Determination; Is
there any time mentioned to which you limited Our Choice of a
longer Time? No Gentlemen, the only Condition you then insisted
upon with Regard to the Continuance of the Bill, was a fixed de-
termined time, and now, after that we have closed with you upon
your own Proposal, and named nine Years for a Continuance, you
tell us, (even against the very Face of the Message, which you

p. 40



 
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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 463   View pdf image (33K)
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