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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 419   View pdf image
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Appendix. 419


which they were given, and render them subservient only to their
own private emolument ?"
Answer. In case of appeal from either the Provincial or Chancery
Court, the appeal is made to a court, composed of the Governor and
Council; but if the appeal is from the Provincial Court, in such
case the Chancellor, who sat there as one of the judges, never makes
one in the Court of Appeals. If either of the parties concerned in
the cause are dissatisfied with the determination of the Court of
Appeals, they have a dernier resort, and may carry the matter home
by appeal or petition to the King and Council. This is an absolute

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.

security against fraud, or errors of judgment, because any sentence
complained of, may, if wrong, be at any time reversed. This so
essential and beneficial a part of the constitution, the Querist has
thought proper not to take the least notice of. Whatever appre-
hension the Querist, judging of other's hearts by his own, and
thereon making calculations of chances, might have entertained, lest
the gentlemen in whom the Lord-proprietor has placed a confidence,
should abuse the power intrusted to them, a single instance cannot
be mentioned by him of any such abuse. All the quirks, false repre-
sentations, and virulence of this Querist, favour much of the as-
sistance of a lawyer, but in so rough and unpolished a manner, as
is, according to M. de St. Evremond, "fit only to corrupt the mind,
by accustoming men to cultivate their imaginations, rather than in-
form their judgment, and to seek for verisimilitude to impose upon,
rather than solid reason to convince the understanding.'' I here end
my observations on the Querist's Queries. As to the parallel I have

p. 26

drawn between the colonies immediately under the Crown, and the
Province of Maryland, in respect to their political form of govern-
ment, I derive my authority for it from the best intelligence, such
as I think may be depended on.

I shall now, according to my promise in the beginning of this
letter, proceed to give you my observations upon the pamphlet, en-
tituled, "Remarks upon a Message sent by the Upper House to the
Lower House of Assembly of Maryland, in 1762, containing a
Vindication of the latter in their Conduct relative to a Supply Bill
for his Majesty's Service, and occasionally interspersed with some
curious and interesting Particulars respecting the Constitution oi
the said Province."

To hear an open slander is a curse,
But not to find an answer, is a worse.
Dryden's Trans. of Ovid. Met.

This pamphleteer, on entrance upon his works, says,

p. 27


"The right of an individual to animadvert upon public measures
has never been controverted in a free government, but by the
enemies of liberty, and patrons of corruption. I enjoy this great
privilege (says a political writer) by being born in a free govern-

p. 38




 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 419   View pdf image
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