436 Appendix.

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.

constitutional officers, and all others which by the laws are not other-
wise provided for: but I do not conceive my Lord has any original
right to nominate new officers appointed for the execution of a new
law, without the consent of the two Houses;

[The opinion of Charles Pratt, the attorney-general of the Crown,
of which the opening paragraph is printed above occupies pages 100
to 104 of the printed pamphlet. It will be found printed in full in
Archives of Maryland, Vol. LVI, pages 202-204]

p. 105

Observe the sophistry of the pamphleteer, where he says, "This I
say, can have no relation to any thing but the Parliamentary privi-
ledges in this instance, reciprocally subsisting between the several
branches, and can by no torture of expression, be construed to extend
to an invasion of the prerogative, which is always exercised inde-
pendently of either branch."

How slightly and unconcernedly he mentions the attempt made by
the Lower House upon the Parliamentary rights and priviledges by
their bill, i. e. the supply bill for his Majesty's service! tho' he himself
says, "It can have no relation to anything but the Parliamentary
priviledges in this instance.'' The Lower House cannot, without the
highest presumption, assume the priviledges of the House of Com-
mons of Great Britain, nor can they, without the utmost arrogance,
invade the legislative rights or priviledges of the Upper House of
Assembly, "by not admitting them to an equal share in the nomina-
tion of commissioners."

p. 106

Nor is there any impropriety in the Upper House's claiming an
equal right in the nomination of commissioners, as is explained by the
foregoing opinion of Mr. Attorney-general.

The Remarker again continues his wonted method of quibbling in
these words: "I cannot help making one remark upon an expression
in the opinion of the attorney-general, and that is, the word un-
reasonable, &c."

Why this criticism on the word unreasonable ? Does Mr. Attorney-
general shew any passion or warmth by this expression ? Is not the
word rather of a mild, than of an harsh signification? Is not the
admonition intended by him conveyed in the most gentle terms, by
the use of that very word? Does he not sufficiently justify the use
of this term in the following words: "Because it is unreasonable
for one branch of the legislature to assume a power to tax the other
by officers of their single appointment.''

As to the words, unduti fulness and disloyalty, adopted by the
Remarker, they are not in the question, nor ever came out of any
body's mouth but his own.

p. 107

The Maryland constitution and government, is formed, com-
paratively speaking, as near as can be, upon the same plan, and is an
epitome of our Government, and constituted and exercised accord-
ingly. The Lord-proprietor exercises his authority and legislative