412 Appendix.

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Md.Hist.Soc.
p. 7

relations do hold places of much greater profit than any in the
disposal of the Proprietor of Maryland; nor is it to be supposed, that
such gentlemen, by holding those offices, are in any respect the less
or worse qualified to consult for the public good, or to serve his
Majesty in the station of counsellors.
Query 4th. The constitution of the Upper House being such,
and the interest of the members so connected with the will of the
Proprietor, may it not, with propriety, be called a branch of the
legislature dependent upon him ? Are they not under strong motives
to enforce the Proprietor's claims, even against the rights of the
people, upon whom they have no sort of constitutional dependence ?
Ought not then the representatives of such a body of men against
the delegates of the people, to be strongly suspected of partiality
to their constituents ?
Answer. Though the members of the Upper House are nominated
by the Proprietor, and have probably some sense of gratitude; yet
as they are at least as much interested in the general welfare of the
Province as any of the inhabitants, and must, out of regard to their
posterity and near relations, be averse to countenancing any en-

p. 8

croachment nf the Proprietor on the liberty, privilege, or property

of the people; it cannot be supposed that the Proprietor, (did he
endeavour to carry any unwarrantable schemes into execution)
would find the gentlemen of the Upper House ready to make him a
compliment, at the expence of their own happiness, and the honour
and interest of those with whom they are so closely connected;
especially when they would, by such a step, render themselves justly
obnoxious, and liable to the execrations of the whole province.
Query 5th. Does not the Proprietor claim, and actually exercise,
the power of dissenting to laws after they have passed the several
branches here ? May it not be said then, that the legislature consists
of four branches, viz. the proprietor, his delegates, the Upper House,
and the representatives of the people? And since the substitute of
the Proprietor, with a commission during pleasure, must be de-
pendent upon him; and since it is most clearly the case with the
Upper House, does it not follow, that the reproach of the other
colonies upon this constitution, viz. that the legislature consists of

p. 9

four negatives, and that the Proprietor has three of them, is most
justly founded ?

Answer. As the King has a right to dissent to any acts of As-
sembly made in the crown governments, which his Majesty often
does, so the Lord-proprietor of Maryland claims, and, from time
to time, has exercised, though but seldom, the right of dissenting
to laws made there, and transmitted for his approbation, when the
same have been judged repugnant to acts of parliament, or un-
reasonable; but until his dissent is published in the Province, the
laws continue in force; nor can it be said with greater propriety,