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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 102   View pdf image (33K)
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1 02 Assembly Proceedings, April 8-May 9, 1757.

L. H. J.
Liber No. 48
May 6

Objection. And we beg Leave to assure your Excellency, that Mr.
Rawlings, in his Actings mentioned in the Report of our Committee,
appeared from such Evidence beyond a Doubt, to have been moved
by his Prejudices, and hurried on by his Passions, rather than guided
by his Understanding, and directed by his Knowledge.

Your Excellency observed in Favour of Mr. Rawlings (as you was
pleased to say) as he did not insist on it himself, that he was indeed
applied in by a. Commissioned Officer, before he proceeded to issue
his Warrant against that Kelly, who was represented to be a Person
liable to be impressed for his Majesty's Service by the late Act. We
can only now say, that if this was truly the Case, Mr. Rawlings was
much wanting to himself in not denying the contrary when laid to his
Charge before this House.

Your Excellency was further pleased to say, Mr. Rawlings 's
Desire that his Conduct might be examined into in a legal Manner,
by a proper Court of Judicature, which might punish his Offence,
if he had transgressed the Laws, or manifest his Innocence if he was
without Offence, did not seem to betray any Consciousness of Guilt,
and that indeed, from the Papers that had been submitted to your
Excellency, and his own Asseverations, you must confess, and must
observe as much to us, that it did not, as you before hinted, then
appear to you, that he had been Guilty of any Misdemeanour what-
ever. It is no Wonder, May it please your Excellency, that Mr.
Rawlings, considering the Impotence of the Person injured, and the
Power of his Friends, and well knowing his Conduct must undergo a
public parliamentary Enquiry, should be desirous that it should rather
come under that of any other Jurisdiction : He must naturally suggest
to himself (if not, Council could advise him) that if the Matters
alledged against him, were brought before any inferior Court, he
might not be without a Chance at least of making a private Com-
position, of which he must despair in Case an Enquiry of the Nature
of that which has been made, was once set on Foot, because he well
knew, public Justice would there be satisfied, future Misbehaviour
would there be guarded against.

As to Mr. Rawlings's Asseverations (for we presume we have
shewn that from the Papers his Conduct was blameable) we must
humbly take the Freedom to observe, that what they were your
Excellency alone can know; but that if the Asservations of Public
Officers, accused to your Excellency by this House of having abused
his Majesty's good Subjects of this Province, in the Execution of

p. 438

their Trusts, are to have more Weight with your Excellency than
the Representation of this House, founded on careful Examinations,
it wou'd seem to be discouraging that Public Enquiry, which the
Nature of our Trust will nevertheless always indispensibly oblige us
to make, into the Behaviour of all Persons intrusted with the sub-



 
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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 102   View pdf image (33K)
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