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because they are distinct Bodies from the Courts at home. — And
thus, if the Reasoning of those profound Logicians were to take
Place, we should be deprived of the Benefit of all the Laws of our
Mother Country; and our Liberties, secured by those Laws, would
be entirely at the Mercy of the Proprietor.
It would have been much more to the Honour of the Upper House,
to have rested the Matter simply upon a fair Quotation of the At-
torney General's Opinion (which I shall hereafter have Occasion to
mention) than to intermix their own Comments and Explanations,
to make it speak more in their Favour; and thereby to puzzle and
perplex what, as it stands in his Opinion, is very clear and intelligible.
He thinks that Assemblies in the Colonies are not entitled to all (a
Word very significant, though it seems to have escaped their Hon-
ours Notice) the Privileges of the House of Commons, not because
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they are distinct Bodies, but because their Constitutions are funda-
mentally different.
This is plain good Sense, and what all reasonable Men will sub-
scribe to; but as to what their Honours have dressed up, upon this
Occasion, I will leave the World to give it a Name.
I shall dismiss this Point with observing, that from whatever
Source the Privileges of the Lower House are derived, I think it is
most clear, that if, according to the Allegations of both the Governor
and the Upper House, in the Year 1721, our Constitution was framed
upon the Plan of the English, there ought to be the same relative
Privileges between the Upper and Lower Houses here, as between
the House of Lords and House of Commons in England; for which
Reason, if the Lower House ought to have fewer Privileges than
the House of Commons, the Upper House ought, in the same Pro-
portion, to have fewer Privileges than the House of Lords, since,
if the Lower House alone are to be reduced in their Privileges, the
Analogy must drop, the Equilibrium of an English Constitution be
destroyed, and the Weight of the Proprietor be increased beyond
its due Proportion, as every Addition to the Power of that House
is indubitably an Accession to his Weight in the Scale of Government.
The Upper House, in the third Paragraph of their Answer, have
given an historical Account of the Assessment Bill, which they
"alledge was three Times sent up to the Upper House, and by them
returned with a Negative, upon which the Lower House, appre-
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p. 15
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hend that the Sincerity of their earnest Desires, so often expressed,
to raise Supplies, &c. began to be doubted, to obviate these unfavour-
able Impressions, &c. desired to have the Objections of the Upper
House, and promised that they should have their due Weight. The
Upper House did accordingly send down their Objections, to which
the Lower House, in order to manifest their earnest Desire to raise
Supplies, &c. paid no Regard, but endeavoured to answer them."
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p. 16
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