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Appendix. 445
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interest, can possibly make any body of men. But I have no occa-
sion to confine myself to speculative arguments, derived from the
nature of their constitution, to shew how little right they have to
assume the title of being the guardians of the people's rights, since
their own conduct furnishes abundant proof of an attachment to the
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Contempo-
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Pamphlet
Md.Hist.Soc.
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Proprietor's interest, very naturally resulting from their dependence
upon him.
"Their attempt to deprive the people of the fines on ordinary
licences, because the Proprietor thought fit to lay claim to them, and
in consequence thereof, granted them to Caecilius Calvert, Esq. his
Secretary, for life; and their conduct in the beginning of the war,
in refusing to pass a bill for his Majesty's service, because the licence-
money on pedlars was made one of the sinking funds; together with
their constant rejection of almost all penal bills, unless one half of
the forfeiture went into the Proprietor's pocket, are (among many
others that might be mentioned) proofs too palpable to admit of
any doubt whose interest they are the guardians of, &c."
The Upper House is nominated and appointed by the Lord Pro-
prietor, impowered thereunto by Royal Charter, and is the second
branch of legislature of the colony, similar in every respect to the
like branches in other Governments, which are immediately under
the Crown. See the answer to the Querist, No. 2.
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p. 129
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Their existence depends upon their conduct, and while that is
upright and just, their seat and station in the Upper House is sure
and permanent. Certainly they may be stiled the guardians of the
people's rights, inasmuch as they, by being his Lordship's Council,
are the persons, who, upon an appeal made to them, have a power
to determine the boundaries and land-marks belonging to the people's
property, &c. The lucrative employments in the disposal of the Lord-
Proprietor may, I presume, be given to whom his Lordship thinks
fit, without consulting the Pamphleteer or any body else; and his
Lordship's judgment in bestowing them on persons, whose merits
he thinks claim them, cannot be called in question, without the highest
affront to the honour and dignity of his Lordship, as lawful Pro-
prietor of the whole colony, and the lands held under him.
The conclusion of the writer, "that the gentlemen who have these
employments must necessarily be under undue influence, and have a
greater regard for the Proprietor's interest than the rights of the
people," is not only false, but base and impudent.
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p. 130
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The Remarker continues, "I have no occasion to confine myself to
speculative arguments derived from the nature of their constitution;
their attempt to deprive the people of fines and ordinary licences,
because the Proprietor thought fit to lay claim to them, and in con-
sequence thereof, granted them to Caecilius Calvert, Esq. his Secre-
tary, for life;" — I observe in the Journals of the Lower House
1755, the Secretary's commission entered; by that commission he
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p. 131
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