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L. H. J.
Liber No. 54
June 26
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The Bill, entitled, An Act for the Independency of the Justices,
the Enlargement of the County Court Jurisdiction in Cases of
Equity, and the Authority of the Deputy Commissaries, The Bill,
entitled, An Act to enable the Commissioners for emitting Bills of
Credit to pay the Executor of Philip Hammond the Sum of Money
therein mentioned; and, the Bill, entitled, An Act to prevent counter-
feiting the Paper Money of other Colonies; were severally read a
second Time, passed, and sent to the Upper House by M.r Paca, and
M.r Gilpin.
George Steuart, Esq. from the Upper House, delivers to M.r
Speaker the Bill, entitled, An Act for the Establishment of religious
Worship in this Province, for the Maintenance of the Clergy, and
other Purposes therein mentioned, thus indorsed, "By the Upper
House of Assembly, June 26.th 1773. Read the first Time and will
not pass.
Signed by Order, U. Scott, Cl. Up. Ho."
And the following Message.
By the Upper House of Assembly, June 26.th 1773.
Gentlemen,
We think it ought to be adopted "in all well grounded Christian
States," as an inviolable Principle, to preserve religiously the publick
Faith, and to observe with the utmost Strickness the Duties of
Justice, and have therefore returned with our Negative your Bill,
to which you have given the Title, "An Act for the Establishment
of religious Worship in this Province, for the Maintenance of the
Clergy and other Purposes therein mentioned," for we are of Opinion
that the Act of Assembly, entitled, "An Act for the Establishment
of religious Worship in this Province according to the Church of
England, and for the Maintenance of Ministers," passed at a Session
of Assembly, begun and held at the City of Annapolis in this
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p. 328
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Province of Maryland on the sixteenth Day of March, Seventeen
Hundred and One-Two, was "enacted by legal and constitutional
Authority," and therefore is in full Force and Virtue. If upon a
dispationate, and mature Consideration, you should not deem it im-
proper at this Time, when Suits are depending on the Validity of
the Act of 1701-2, for either or both Houses to publish their Senti-
ments on the Question, as they may tend to influence the Determina-
tions of the Courts, we shall be ready to enter into a full Discussion
of the Subject, on your Communication to us of the Reasons which
may have induced you to entertain the Opinion, that the "Act of
1701-2 was not enacted by legal and constitutional Authority, and
is therefore void."
We are not only persuaded that the declared Foundation of your
Bill is entirely defective, but also that the Provisions of it, aiming
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