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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 591   View pdf image (33K)
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Appendix. 591


him to favour me wth a Line of what he knew or heard Abt the
Indians &ca. wch is here inclosed,
I am wth respt
Yor Humble Servt
Nat: Rigbie, Sher. Bal. Coty

Black Book

No. 5

NB. Yr Letr Did not Come to my hand till 8th of Augt nor Does
Any Publick Lettrs till allmost worne out.
Mr Attnry Genl's Opinion, in answer to the Four Querys given by
Lord Baltimore, concerning the Right of Nominating a Treasurer
in Maryland, viz
NB. Said opinion was inclosed to Govr Ogle in a letter to him
dated Janry the 29th 1736/7 & order'd to be Enter'd in the Council
Books at Annapolis.
Qu: Ist Whether by the Charter of Maryland the Lord Proprie-
tor has not a Right to the Nomination of all Officers in general, civil
as well as Military?
Ansr I am of opinion That by the Charter of Maryland the
Lord Proprietor has a Right to Nominate & appoint all officers in
general, as well Civil as Military.
Qu: 2d Whether there is any thing Particular in the Nature of
the Office of Treasurer of either Shore to Exempt it from the sd
Nomination ?
Ansr It does not appear to me That there is anything so particu-
lar in the nature of the Office of Treasurer of either shore, as to take
the Right of Nomination to this office, from the Lord Proprietor,
& to give it to any other persons.
QU . ^d Whether a few precedents in this case, of a Treasurer
being appointed by the Tri partite concurrence of both Houses of
Assembly & the Governor, can or doe overthrow his Lordship's
Right?

Calvert
Papers 278
p. 76

Ansr All the Precedents except one, being between 1692 and
1716, when my Lord Baltimore was out of Possession I am of
opinion That they will not overthrow his Ldsp's Right, founded upon
such plain words in the Charter.
Qu: 4th Whether the Precedents hereto annex'd, doe divest the
Proprietor of his Right of Nomination to the office of Treasurer or
Treasurers so nominated giving the Security the Law directs ?
Ansr The Treasurer or Treasurers when nominated by the Lord
Proprietor, must give such Security as the Law directs.
To the other part of this Query, I have given an Answer already.
Sign'd by J: Willes Janry 22d 1736/7

p. 77



 
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Proceedings and Acts of the General Assembly, 1737-1740
Volume 40, Page 591   View pdf image (33K)
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