Appendix. 413

that there are four branches of legislature in Maryland, and three
of them in the Proprietor, than that the legislature in Virginia, or
the other colonies abovementioned, consists of four branches, and
the King has three of them: but suppose as many negatives in the
legislature of Maryland; yet, it no act can be made (which is the
case) by provincial authority, without the consent of the people's
delegates, their liberties and properties would be as well secured,
as if the legislature consisted of only the Proprietor and house of

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delegates; for it cannot be supposed, that an Upper House of As-
sembly, however dependent, would go greater lengths to serve the
Proprietor at the people's expence, than he would go to serve himself.
The existence then of such a middle branch, consisting of gentlemen
bound by every tie to promote the happiness and true interest of
the Province, cannot be any disadvantage to it; but contrarywise,
such gentlemen, by their knowledge and experience in public busi-
ness, are most likely, able, and ready to defend and support their
right, and to oppose any wicked measures of an oppressive governor
on one hand, and to check the violence of a levelling, popular as-
sembly, or tyranny of a few demagogues on the other, or to prevent
the evil consequences of a collusion between a corrupt governor, and
a few leading men in the Lower House. An Upper House can be,
and indeed in such cases has, more than once, proved a very necessary
and useful branch of the legislature, and prevented one part of the
inhabitants being sacrificed, as it were, to the humour and caprice
of the other.

p. 10

Query 6th. It has been alledged by the gentlemen of the Upper
House, that most of the colonies in America are constituted upon a
similiar plan with this Province, by a middle branch appointed in
like manner. To prove the similarity, is it not incumbent on those
gentlemen to shew this to be the case in any charter government?
Will such an appointment by the King prove the similarity? and
is there no difference betwixt such a power vested in the King and
in a subject? Can this be asserted without irreverence to Majesty,
and an affront to truth? Does it follow, that because the King is
the father of his people, and can have no interest distinct from
theirs, a subject stands in the same relation to them, and will not
prosecute claims of his own private emolument, subversive of their
rights, and invasive of their property? With what decency then
can it be asserted, that because the King exercises such a power in
some of the Provinces, that Maryland is circumstanced in ths
respect like those colonies ?

p. 11

Answer. The legislature in most of the British colonies consists
of three branches; and in all of them where there are three, the
middle branch, at least, is as dependent as that of Maryland; which
being really the case, it cannot surely be denied, that there is such
a similarity between them as the Upper House alledged: though

p. 12