Appendix. 425

you, the people of Maryland have spirit enough, and we hope will
find means, without this bill, to do themselves justice so far. Copy.
By the Upper House of Assembly, June 8th, 1739.
As you are not surprised at our Negative to the bill for payment
of an agent, we presume, that you were conscious such a bill could
not be expected, in reason or justice, to have a passage in this
house; and we declare, that we cannot, with candour, assume to
ourselves the whole glory of using the word Minister, since the

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Md.HistSoc.

agent described in that bill very readily and naturally suggested to
us the idea of a minister, as mentioned in our message.
You endeavour to state a case as plausibly as you can for the
consideration of the public; but if you will be so candid, as to
allow the Upper House capable of being actuated by any principles
of honour, and justice, and reason, in matters where his lordship
is concerned, your whole reasoning falls to the ground; nor have
we as yet denied a passage to any other bill for an agent, but that
one in the shape you sent it up to us.
You affirm, that this house told you, "You should not have that
bill, unless you let the Governor and us have, as well the nomina-
tion of the persons to be made use of on this occasion, as to
determine what should be paid them for their trouble."

We are really astonished, and truly concerned, that any warmth
should have transported you to that assertion: all that we con-
tended for, was a joint nomination with you as in other govern-
ments. These are our words, "That the concurrence of the Gov-

p. 42

ernor and Upper House should be made necessary in the nomina-
tion and appointment of the person designed for that employment,
and that the agents on behalf of other plantations are generally
nominated by the legislature or government:" And surely there
may be such a person found, as to be unexceptionable in the judg-
ment of every part of the legislature, and very proper for the
trust, by that bill, to be reposed in him.
As to the reproach you mention to be not only on your House,
but on all the Province, we can, with the greatest truth, in the most
solemn manner assure you, it was so far from our intentions to
couch any reproach either on your House, or this Province, under
the word relative to a guardian, that one of our reasons for rejecting
that bill was, lest the whole legislative power, and the Province,
should be reproached with that relative word, by the passing that
bill into a law; and therefore, if any reproach could possibly arise
from any parts of that bill, it ought not to be imputed to this House,
which neither formed or passed that bill, but rejected it.

p. 43

We cannot believe the world will be so easily imposed on as
you imagine: it is very certain, the bare possibility of betraying a
trust, ought to have little weight against committing a trust; but
it is not less certain, that it is the height of imprudence in intrust any

p. 44