628 Appendix.

Calvert
Papers

No. 486
1752

I think this Law not only expedient, but indeed necessary for
y^e safety & good Government of the Colony; for now this disability
is in truth become a privilege, & the Infamy of every Convict is a
shield to protect himself & all his fraternity from the Hands of
Justice. This inconvenience can never be felt in England, because
Our Felons here are either dispatched by execution or removed by
transportation, by w^ch last means they become a pernicious body in
the Plantations: So that as the Law stood before this Act, if a Con-
vict had prudence enough to make choice of proper Accomplices, he
might venture to Commit the Highest Crimes with impunity.
Nor do I see that this Provision is repugnant to the true spirit
of the English Laws so as to raise any serious Objection to the
Passing of this Act, for besides that the Charter gives a Latitude
to vary in some Cases fro y^e Laws of England by saying that y^e
Laws of this Colony shall be Consentanee only, quoad fiere poterit w^ch
leaves a Liberty in the Legislature to deviate where it shall be neces-
sary or expedient for the Colony: I think the true intention our
Law in this particular was to protect the Innocent from the danger
of such Infamous Witnesses, & not to favour Convicts ag^t each
other, because death being the Consequence of y^e Sentence, the Law
c^d not suppose the Case to exist, & whereon the Mercy of the Crown
sh^d interpose by way of Pardon the Criminal obtains a New being &
the disability would be entirely removed. So that According to the
nature of y^e Law the Criminal being either pardoned or executed,
his Power of Testimony is either cast off by death or revived by
Pardon.

Consider further whether the Practice of Admitt.^g Accomplices
in England to be witnesses before Conviction does not in reason
justify the propriety of this Act; For Altho Accord^g to Common
Sense the Witness confessing his Guilt is equally undeserving of
Credit before Conviction as he w^d be after Conviction, yet this
Evidence is constantly received, because otherwise Offenders c^d not
be brought to Justice. The same necessity therefore in another
Country will certainly authorise the Like Practice: w^ch tho' it may
be formally refuzed to the Letter of y^e English Law will be sub-
stantially agreable to y^e spirit of it.
To the Second Law entitled An Act for y^e More effectual pun-
ishm^t of Negroes &c. This throughout is a very severe Law, w^ch
however I must in the main presume necessary for y^e Well being
of this Country w^ch is more than halt peopled with Slaves, who aic,
I doubt, a Species of men that must be governed by fear & punish-
ment. With regard therefore to the General provision of this Act,
& the Policy of their security, I must leave that to the Legislature
of Maryland who are better Judges of their government than I
can be.