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L. H. J.
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Were Severally Read and Assented to, and sent to the Upper
House with the paper Bills, by Col. Colvill and Capt. Hyland.
Mr Speaker communicates to the House the following message
communicated to him, Viz.
Gentlemen of the Lower House of Assembly
When I sent a Message last Session, desiring your House to nomi-
nate Two of your Members to join Two of the Upper House in a
Treaty with the Indians, I little thought you would have Ventured
at giving any Instructions to such Members lor their Conduct, either
before, or at such Treaty; since it was never Imagined (I believe)
that the Recommendation of a person, as fit for a Trust or a Duty,
gave any Right or Authority to the persons Recommending, to direct
his Behaviour in any Case; and much less where such directions
might possibly clash or interfere with those he might Receive from
the Power, by which he was to be invested with such Trust: But I
find by a Copy of Instructions sent with your Address of the 23d
Instant, that you seem to entertain a Contrary opinion, and which
opinion you endeavour to establish (I suppose) by way of Experi-
ment, how far you may succeed in Attempting to get into your Hands
a power, quite inconsistent with our Constitution; and that not in a
trifling Case; but upon an occasion which so greatly concerns the
well being of this Province, and the Honour and Dignity of Majesty
it self, under whom his Lordship holds the powers and Exercise of
Government, that you cannot be Surprized if I consider particularly
the Liberty (for so I must call it) you have taken in giving Instruc-
tions, the Nature of those Instructions, and the Justification of them
in your Address.
The prerogative of making, or treating about Peace or War, is
such an acknowledged and undoubted Right in the Crown, that either
or both Houses of Parliament never pretended to authorize, or in-
struct any Minister employed in such negotiations: This power is
delegated by the Royal Charter, to the Lord Proprietary of this
province, who has done me the Honour, with the Royal approbation,
to appoint me Governor thereof; and yet the Lower House of a
Maryland Assembly, without my Concurrence or privity, has in this
instance assumed to themselves an Authority, which a British House
of Commons never attempted. You cannot now, for the Reasons
already given, beleive my willingness to accept of Two persons upon
your nomination, transferred any other power to you, than that of
Recommending only; and it was impossible for you to conceive their
Seats in your House intitled you to any such Authority, since you
could not be Ignorant that it very rarely Happens any plenipoten-
tiary, or other Minister, is employed in such Negotiations, but who
is of the one or other House of Parliament; so that I cannot but look
on these Instructions as an Essay, to set up a power in your House,
unknown to every Constitution and Government under the British
Government.
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