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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 104   View pdf image (33K)
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104 Assembly Proceedings, April 8-May 9, 1757.

L. H. J.

Liber No. 48
May 6
p. 439

this House in the ordinary and constitutional Cause of Procedure,
we flatter ourselves we shall be so happy as to satisfy your Excellency.
That the supreme executive Power of the Government of this
Province, is at present placed in the Hands of your Excellency, we
with Pleasure acknowledge, and that by the Rules of our Constitu-
tion of Government, it is in the supreme Magistrate to branch out
and subordinate that Power into a great Number of Offices and
Trusts, supposed to be erected for the good Order and Benefit of
the Community: But at the same Time we must humbly observe,
that for the Conduct of every Individual, invested with such sub-
ordinate Power by the Supreme, he is in some Degree accountable
to the Public, as he has the sole Power to appoint, and (as the
Practice, has been here) at Pleasure to remove them. This being
truly the Case, both here and in our Mother-Country (save that
their Officers are not removeable at Pleasure) and the Supreme
Magistrate being too often environed with Persons, whose Interests
with, and Influence over him, depends upon their findings as Bars
between him and all true Information, our Ancestors found it abso-
lutely necessary to contend for, insist upon, and even in the worst of
Times practise it as their undoubted inherent Right (and from which
no Considerations could make them depart) by their Representatives
in Parliament, freely to enquire into the public Conduct and Be-
haviour of all those who should be intrusted with any Share of that
executive Power of Government, which they had, for the Good of
the Whole, by original Compact, put into the Hands of One; and
whenever Abuses of it were discovered, to have them punished; those
in the Supreme by inflicting such Pains and Penalties on his Min-
isters, who were supposed to be his Advisers, and by whom he was
supposed to act (for by our Constitution he was always supposed

not to do wrong) as were thought adequate to the Offences, and

removing them for ever from his Councils; and those in the Inferior,
by truly representing their Misconduct to the Supreme, and request-
ing him to have them dealt with, for their Offences, according to
Law, and deprived of all Opportunity of longer exercising a Power
to the Prejudice, which was put into their Hands for the Benefit,
of the People, who had originally put themselves under his Pro-
tection.
It was, May it please your Excellency, in Consequence of this
inherent indisputable Right, which we cannot, if we would, give up,
and are Resolved not even to waive, that we troubled your Excellency
with a Representation of the Conduct of Mr. Rawlings, as a Justice of
the Peace for Frederick County, which, from his own Letter and
Commitment, before mentioned, and from the Spirit of Revenge
with which he appeared clearly to us, by the Testimony of dis-
interested Witnesses, to be actuated through the Whole, we thought
sufficiently blameable, to deserve the mild Treatment he received



 
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Proceedings and Acts of the General Assembly, 1757-1758
Volume 55, Page 104   View pdf image (33K)
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