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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 582   View pdf image (33K)
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582 Assembly Proceedings, May 1-June 4, 1744.

L. H. J

. ways becoming a part of the Legislature and indeed your whole
Address is such, as must convince every considerate person, you
were sensible of being in the wrong; and therefore you were Re-
solved to be very angry at being told so; But as that Spirit, which
so remarkably Shines through the whole, savours too much of Ran-
cour and violence, to fix an Imputation upon any part of Govern-
ment whatever, or upon any person in Trust with his Lordship, or
me, I shall not follow you in every Paragraph, but only take notice
of the few material parts of your Address.
I must put you in mind, the purport of my Message was to shew,
not only how improperly, but unwarrantably, you had assumed an
Authority of giving Instructions to your members; what I then said
was so undeniably true, that you were too sensible, the Evasion used
in your ffirst Address " of these Instructions being only private and
not Public ones," must be seen through by a bare perusal of the
Intitling and Body of them; therefore you are now drove to another
Shift, by pretending, " the Instructions contain not one Article or
Matter, which every private person in Maryland, hath not a Right
to enquire into, and inform themselves of &c " which assertion, if
any thing to the purpose, must mean, that because every person has
a right to enquire and inform themselves of &c. therefore every per-
son has a Right to give instructions to my Commissioners for their
Conduct; and that Consequently the Lower House must have at
least as good a Right to give such Instructions: Thus your reason-
ing would stand; but it is too weak to impose on any person, since
we are not disputing, whether you or any private person may not
endeavour to inform your selves &c. but whether you, or any private
person have Authority to direct the Commissioners how to Act; and
it is beyond contradiction, that your Instructions are such directions.
You urge, that the Present Treaty with the Indians, cannot be said
to be, either of Peace or War; and your Reasons are, because there is
no precedent Rupture, and that their Demand is to be paid for Land :
As to the ffirst, the Indians, (I am informed) frequently insist on a
peace to be made or renewed, altho' no formal Rupture, or Acts of
Hostility subsist, merely for the sake of presents; and my Advices
from the Northward are, That the Indians Expect at this Time more
considerable presents, on account of the Treaty of peace, than for
the Lands; as they are very Sensible, their ffriendship is of much
greater Consequence, at this Critical and dangerous juncture, than
at any other Time, As to their Claim to the Lands, I am persuaded,
if you looked on this Matter in the Proper Light, your Duty and
Allegiance to our Sovereign would have Restrained you from con-
sidering it as a Private Right, or giving any Treaty relating to it,
the low Denomination of a Bargaine and Sale. The Title to all the
Lands in this Province, is held originally, and founded on a Right
from the Crown; The Indians Demand in a peremptory manner to



 
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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 582   View pdf image (33K)
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