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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Preface 69   View pdf image (33K)
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Introduction. lxix

been set for a Standing Committee in all times hereafter during the Recess of
Assemblies, for a Pretence for such Committees being appointed would never
be wanting." The Governor went on to say that the Council therefore refused,
and the Register of the Secretary's office was directed to refuse, to allow a
general search of the records under his care, and Daniel Dulany, the Secretary
of the Province, so notified the committee. The Governor wrote that had the
Lower House thought fit to address him for an order to "discover" to desig-
nated gentlemen transcripts of the records, they would have been supplied,
but that he would not allow a committee appointed by the Lower House to
rummage the offices and remove from them books or papers, especially those

of the Privy Council (Arch. Md. XIV, 385, ,386). Hamersley, in a letter in

reply, dated July 20, 1767, commenting on this, said that there was no precedent
for the claim that the Lower House has a right to call for the production of
original public records, and that no such claim has ever been made by Parliament,
nor has it ever asserted a right to continue its investigation of public affairs
during a recess (ibid. 406-407).

The proceedings of the Council for February 19, 1767, show that the Com-
mittee of the Lower House, under this date, wrote to the clerk or register of
the Secretary's office, of which Daniel Dulany was Secretary, requesting him
to bring before the committee certain records and, at the same time, sent him
a certified copy of the Resolves of the Lower House upon which they based their
authority to do so. A meeting of the Council was called and Dulany read to it
a letter that had been written by him to the committee, which the Council ap-
proved. In this letter Dulany declared that as Provincial Secretary he had given
a large bond for the security and care of the records in his office; that after the
Lower House is prorogued its authority ceases during the recess, and that this
authority cannot be continued to particular members of the house by a Resolve
which is not concurred in by the Upper House; that his authority as Secretary
is derived from the Proprietary alone and not from the Assembly, and that
the custody of books and papers is in him alone; that he cannot comply with
their request as a Committee, but that as individuals, assuming no authority,
it will be a pleasure to him to comply with any reasonable request to examine
records that they may make (Arch. Md. XXXII, 180-185).

Later references by the Governor to this matter indicate that he believed
that the demand for books and papers was not made in good faith and
with the view that it would be complied with, but that the Lower House, finding
that it could not raise sufficient funds for the immediate support of an agent
in Great Britain by popular subscription and by the "Liberty Lottery", sought
to give to the public the impression that their appeal to the Crown for its back-
ing to secure a support for such an agent had been frustrated, not because of the
failure of these schemes, but because they were not allowed to have access to
the records upon which a proper presentation of their case could be made to
the Crown.

PARISHES, CHURCHES, CHAPELS, CLERGYMEN, AND RELIGION

An earnest endeavor was made by both houses of the Assembly at the 1768
session to establish some form of supervision and discipline over the clergy of


 

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Proceedings and Acts of the General Assembly, 1766-1768
Volume 61, Preface 69   View pdf image (33K)
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