Appendix. 385

Weight into the opposite Scale, in which, if I succeed, the Merits of
the Lower House will preponderate.
Let us then take for granted, at present, that the Conduct of
both Houses, in relation to the Assessment Bills, has proceeded en-
tirely from Principles of Conscience; and that the Lower House
were right, in persevering in a Mode of Taxation which they thought
most equitable; and that the Upper House were equally right in
rejecting it, because they thought it unequal, and pregnant with
Oppression. What is to be done then, when the Branches of a
dependent Legislature cannot come to any Agreement, in Matters
of the highest Importance to the Interest of the Community ? Is there
no Mode of Proceeding established in our Constitution, by which
Obstructions to all public Business, arising from such an unhappy
Contrariety of Sentiments, may be removed? I apprehend there is,
but I deny that the Opinion of a Lawyer, upon a Case stated ex Parte,
or upon any Case whatever, is the constitutional Mode of settling
such Differences, and I hope I have proved it is not, to the Con-
viction of all who have not shut their Eyes against Truth. I will
take upon me to assert then, that we have a Right, in all such
Cases, to appeal to His Majesty in Council, as the only proper and
constitutional Judicature, for the Decision of all public Contests
between the Government and People in the Colonies. This being
admitted (and I think few will be hardy enough to dispute it) let

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Pamphlet
Md.Hist.Soc.

us consider what has been the Conduct of both Houses upon this
Head. There has been scarce a Session, since the Commencement
of the War, that the Lower House has not sent up a Bill to the
Upper House, for the Support of an Agent in London, with a View
of laying the Grievances of the People before His Majesty, and
bringing all their Disputes with the Government to a final Determina-
tion; but this Bill, reasonable as it is, and most indispensibly necessary
to the public Peace and Welfare of the Colony, has never been so
fortunate as to meet with the Concurrence of the Upper House; the
very last Session having produced a fresh Instance of their de-
termined Resolution to keep from the People the only proper Means
of carrying their Complaints before His Majesty, and producing a
definitive Accommodation of all the Disputes, which have so long
distracted our public Consultations,, and kept the Province in a con-
tinual State of Languor, Animosity and Disunion. If then the
Misunderstanding between the two Houses is, in the Opinion of
every Man of common Observation, irreconcilable among themselves,
and has been so for many Years past; if the Lower House have
made use of every Opportunity, since the Commencement of the
War, of pushing for the only Expedient for the Establishment of
Harmony between the several Branches of the Legislature, by sub-
mitting their Disputes to His Majesty's Decision, and if this Mea-
sure has always been defeated by the Upper House, I think, without
entering into any formal Discussion of the Merits of the Bill, it

p. 37