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Proceedings and Acts of the General Assembly, 1758-1761
Volume 56, Page 57   View pdf image (33K)
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The Upper House. 57


apparently repugnant to experience as well as a rule too narrow and
inconsistent with the Dignity of the Middle Branch of the Legis-
lature to be admitted or suffered

3.d Because of the Rights of Aliens acquired upon the most meri-
torious Considerations were to be destroyed impeached or brought
into Hazards for the delusive Prospect of a temporary Increase
of his Lordships Revenues, many Hundred Families of usefull
.... industrious and well affected Subjects would be effectually
Banished and others under their Circumstances Certainly prevented
by Such a flagrant Violation of the Rules of good Faith and Justice
from Settling here, to the real Demunition of his Lordships Revenue,
the disgrace of his Government and the Impoverishment of his
Province

4.th Because such a Bill (it having been the Subject of Deliberation
and publick Debate) is now become Absolutely necessary to quiet
the minds of the Alien Inhabitants who from their Ignorance of our

U. H. J.
Liber No. 35
Dec. 20

Laws and Constitution a Consciousness of their Inability to manage
Law suits with the Same Advantage that others can or a dread of
Power might be intimidated into a surrender of their Rights upon
the Issuing of escheat Warrants, or if this should not happen those
who may be tempted by the Bait of Escheat warrants would be
ensnared by the alluring Prospect of gain or Acts of Power the
most dangerous in their Nature exercised to vindicate and Support
these oppressive Escheats I cant Conceive that if the Case of an
Alien patentee who has settled here in Consequence of Proclamations
the strongest assurance of protection and Particular Instructions for
his Encouragement, paid his Lordship his Stipulated Caution money,
his Judges of the Land office for Issuing the Land Warrant, his Sur-
veyor for executing the warrant his Examiner for passing the
Certificate, his Judges of the Land office for makeing out the
Patent & his Chanc.l for the seal, their respective fees and punc-
tually rendered to his Lordship the reserved Quit Rents as his
immediate Tenant, were stated in a special verdict any purchaser
under an Escheat Patent could finally prevail (should the Aliens
pretentious be effectually prosecuted) against such an Alien by
a rigorous Determination contrary to the rules of Publick Faith,
and the sacred Obligations of equity and Justice

5.th Because if the principle upon which the Bill has been rejected,
should be extended to similar Cases (and no reason can be assigned
why it should not) it will become a rule not to give a passage through
this House to any Bill securitative of the rights of the People as the
Lord Proprietary might be affected in his Escheats in proportion
to the utility and efficacy of such a Bill and thus one of the great
ends of Legislature would be defeated and a Destruction pregnant
with irreconcileable Enmity be established between his Lordships

p. 389



 
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Proceedings and Acts of the General Assembly, 1758-1761
Volume 56, Page 57   View pdf image (33K)
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