Appendix. 411

Answer. I understand the legislature of Maryland does consist
of three branches, viz. the Lord-proprietor (who is hereditary
governor) or his lieutenant-governor appointed by him, and ap-
proved of by the King, the Upper House of Assembly, and the
Lower House elected by the people.
Query 2d. Who compose the Upper House? do not his Lord-
ship's Council? are they not of his appointment? does not the
Proprietor claim, and has he not actually exercised, the power of
displacing a counsellor at his will and pleasure? when a counsellor
is displaced, is not his seat as a member of the Upper House thereby
vacated? was not this done in case of a counsellor during the
administration of Mr. Charles Calvert? was not this right in the

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.

Proprietor insisted on by the Governor, and expressly acknowledged
by the Council themselves, and did they not moreover declare, that
his character as counsellor being annihilated by the Proprietor's
power, that of member of the Upper House fell with it, as de-
pendent upon it? has this precedent been contravened by any sub-
sequent proceedings? is it not then an established doctrine to this
day, that the Proprietor can displace at his will and pleasure the
members of his Council, and consequently the members of the
Upper House ?
Answer. As the council or second branch of the legislature in
the colonies of New Hampshire, New York, the Jerseys Virginia,
the Carolinas, and other of his Majesty's American governments,
consist of gentlemen nominated by the King, so in Maryland, (the
jurisdiction, as well as property, being by his charter vested in the
Lord-proprietor) the members of the second branch of the legis-
lature are nominated by the Lord-proprietor; and as in the govern-
ments which are immediately in the crown, the council or members
that compose the second branch in the legislature, are liable, in

p. 5

case of misbehaviour, to be suspended or displaced by the King,
which has been often done; it is presumed, that they may in like
manner be suspended or removed in Maryland by the Lord-pro-
prietor; and by intelligence, there hath since the first settlement
of the Province been but a few instances of the Proprietor's exert-
ing such a power, as good policy must make the Proprietor very
cautious in the exercise of this prerogative.

Query 3d. Does not the Council consist of twelve members when
compleat? do not nine of them enjoy offices at this day to the
amount of nigh 4000l. sterling per annum? and may it not be well
supposed that the expectations, not to say promises of offices in
reversion, may influence the conduct of others ?

Answer. The Upper House, or Council in Maryland, does con-
sist of twelve members; nine do hold offices (it is said) but in
value far short of the amount suggested by the Querist; in the
colonies abovementioned, several of the council and their nearest

p. 6