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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Page 141   View pdf image (33K)
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The Lower House. 141


any Thing ever been laid before us pointing out in Terms precise
and explicit, that Branch of the Legislature which is charged with
Obstinacy in adhering to their former Conduct? We beg Leave to
say, that notwithstanding your Excellency's Averment to the con-
trary, no such Inference can with Propriety be drawn from any
Thing yet communicated to us from the Ministry; Matters are left
just in the same Situation they were before: His Majesty has too
much Wisdom, and too high a Sense of Justice, to decide the most
essential Interests of a free People, who are prevented from having
any Advocate to support their Cause, upon an ex parte Representa-
tion. The Reprehension by this Means, as we conceive, remains
General, and we make no doubt will so continue, 'til by an ample
Discussion of the Allegations on both Sides, and a full Hearing of
both Parties before a proper Jurisdiction, our Disputes may meet
with a fair and constitutional Decision. As to Lord Loudoun's
Opinion of the Supply Bill of 1757, 'tis true, the then Lower House
did desire your Excellency to send a Copy of that Bill to his Lord-
ship, the Commander in Chief at that Time of the King's Forces in
North-America; from the Perusal of which they expected, if he saw
any Thing impracticable in the Execution of the Plan, for raising
the Aids for the King therein proposed, or unjust or unreasonable
in the Means, or too sparing in the Sum offered, he would have
pointed them out for their Consideration; and it does not appear that
his Lordship thought that Bill liable to the least Objection in any of
these Respects; but rather that from the generous Provision therein
made for his Majesty's Service, and the Care taken in that Bill to
lay the Tax equal, and in a Mode similar to that long since estab-
lished, and hitherto continually used, in our Mother Country, and
several of our neighbouring Colonies, he conceived a good Opinion
of the Zeal of that Assembly to promote the Service of his Royal
Master. His Lordship took Exception only to the Military Part of
the Bill, by which the Duty of some Part of the Troops intended
to be raised was particularly circumscribed, and not left at large to
his sole Direction. His Words are these, "I am clearly of Opinion,
that if it had passed into a Law of the Province, it would be a direct
Infringement of the King's undoubted Prerogative, and as such was
very wisely rejected by the Upper House. At the same Time I am
willing to believe the Assembly had not considered it in that Light,
or they would never have formed it in that Manner, nor had they
considered that Right of the King, in Commanding his Subjects in
Arms, which is a Right indisputed every where, or they would never
have disputed the Power of his Commission, to have marched the
Troops raised by them, for the Defence of his Dominions, even out
of their Province." This is the sole Objection his Lordship made
to that Bill; and to this Objection, that House thought it prudent
to give Way, and ever afterwards framed their Bills with a due

L. H. J.
Liber No. 52
April 17



 
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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Page 141   View pdf image (33K)
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