xliv Introduction.

and the Charter, it would find that its claims were refuted, and that "ever
sjnce the constitution was established in its present form .... the Upper
House had been a Constitutional Check upon any Frantick humour that might
Siese the Lower House" .... a check that was fortunate at this particular
season. The objections of the Lower House to the Upper House as its attendant
branch were ridiculous. The several legislatures in British America, except
one or two at most, consist of three branches, and the middle branch in each
[the Council or Upper House], three instances only excepted, are appointed
in like manner as in Maryland. Do not think that an Upper House is a mis-
fortune peculiar to this Province. But when the Lower House railed at former
times, it might also lament that the Proprietary and Upper House had admitted
it as part of the government. The Upper House forbore to reply in a declama-
tory strain, as the Lower House had done, in order to influence an Assembly
of constituents rather than to correct errors and convince the understanding.
Nor will it join in an endless dispute over the phantoms that have been raised.
Let the Lower House pay some regard to truth and decency if it would aspire
to the rights and privileges of the House of Commons. The rights of the
House of Commons are inherent in its Lex parliament; the rights of the
Lower House of the Maryland Assembly are those under the Royal charter,
the particular usages, and the common law of England, and what those rights
are, the charter, Assembly journals, and law books make clear. The Upper
House is equally with the Lower the constitutional guardian of the people's
liberties. Our ancestors wisely adopted an Upper House as a check upon the
pretensions their representatives might impose upon them. This house now
saves them from the ruins their favorite, but untried, Assessment bill would
impose (pp. 56-64).

Governor Sharpe, writing to Cecilius Calvert, soon after this Assembly was
prorogued, under date of May n, 1762, upon the events of the session, in
discussing the close votes on the Supply bill in the Lower House, thus sum-
marizes its course in the house: "If you will be pleased to compare the Votes
in former Sessions, You will observe that the Number of Opponents to the
Assessment Bill is greatly increased & as they are in general the most sensible
Men in the House there were longer & more frequent Debates upon it this
Session than have ever before been during my Administration so that it was
doubtful on more occasions than one whether those who for some years past
have had the Management of Affairs in the Lower House would be able to carry
their Points & indeed could all the Members who dislike their Schemes have
constantly attended during the whole Session it is not improbable that they
would in a great measure have been disappointed" (Arch. Md. XIV; 52).

On April 14, the day following the rejection of the Supply bill in the Upper
House, an unsuccessful attempt had been made in the Lower House by Pro-
prietary members to secure by other means than by the assessment and income
tax plan, an appropriation of f 10,520: 5:3 for the support of three hundred
Provincial troops on the frontier and for recruiting eighty-four men for the
King's regular regiments. It was moved in the house that various unexpended