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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 85   View pdf image (33K)
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The Upper House. 85

and Concede to whatever else should be demanded of Us; which was
to keep back the Country Bills in the Upper House until we should
pass those for Money, and agree to every other thing required from
us; And because we, to prevent the Inconveniences before mentioned,
had resolved to give the future money Bills their determination with
a day certain, it was concluded by this new Scheme that all other
Bills whatsoever should have the same duration, that by all Expiring
at once, there might be the like Opportunity of Acting the same part
again and of Compelling the Delegates to comply with whatsoever a
Proprietor Governor, or Upper House should think fit to propose;
altho it is well known that the Country Laws before mentioned never

U. H. J.

yet had any other kind of duration than for a time certain and to
the end of the next Session of Assembly; And notwithstanding this
Resolution unprecedented in Our Mother Country or any other of his
Majestys Dominions that we know of, has not been formally com-
municated to us from Your Excellency, or the Upper House by
Message, yet it is Clear beyond contradiction, nor has it ever yet been
denied; neither can We see what other Reason can possibly be given
for not sending down Our Bills, which have now lain so long before
that house, contrary to the constant usage of Assemblies
If the above be the true State of the Case, as it most certainly is,
who can blame the representatives of a free People for guarding
against A Practice which in its Consequences must affect their Rights
in their tenderest parts Which must render their House of Delegates
a name only or mere Shadow, by depriving them of that Freedom
of Action, that share in Legislature, which by their Charter and
Birth Right the People are entitled to which must prostitute them to
the Sole Power of an Upper House and Subject them at all times to
the Absolute Will of their Governt
We do not conceive it to be matter of Favour in any branch of the
Legislature to consent to such Laws as have regard to the publick
Welfare of the People, that being incident to the Office and the Indis-
pensible duty of all concerned, and therefore think that Consent is
not to be purchased at any Rate, since it is not the Value of price
which makes the thing more or less Venal, and it seems to us Impos-
sible for a People to be free where they have no Share in the Legisla-
ture or which is in Effect the same, where their Delegates are under
the Coercive Power of any other Branch of the Legislature
We are sorry to find that after this House had so chearfully Con-
tributed for promoting his Majestys Service and complying with the
Royal Instructions you should accuse rather than approve our Con-
duct and the more so because it is evident we have on that occasion
Exceeded what the present Condition of the Province can well afford
We must still deny any Endeavour to delay, far less to destroy
the fund for Our Defence at this time; We gave all the assurances
men could give at the last Session of the Bill for that purpose, and

p- 94

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Proceedings and Acts of the General Assembly, 1740-1744
Volume 42, Page 85   View pdf image (33K)
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