Appendix. 383

such a Rule to be rejected, where the essential Interests of a Com-
munity are concerned? But let us carry this Matter to its fullest
Extent, and see what may be the Consequence of admitting such
a Rule at all. If it is to be introduced in the present Instance, why is
it to be excluded on any other Occasion ? It ought then generally to be
admitted, or not at all; because no Reason can be assigned for the
Admission of it in one Case, which may not be extended to any
other. The Rule then contended for is, that upon any Dispute be-
tween the Proprietor and People, the Proprietor is to state the
Case as he thinks fit, and procure the Opinion of learned Council
at home; and this being communicated to the People, is at once to
silence all Objections, and to produce an implicit Acquiescence. Now
even supposing the Cases to be ever so fairly stated, what would be
the Consequence to the People, under the Administration of an
intriguing, oppressive Proprietor? If the Opinions of Council were
favourable to his Claims, no Time would be lost in communicating
them to the People; but if, on the contrary, what he contended for
should be thought an Invasion of the Peoples Rights (the whole
Business between him and his Council being transacted in the most
private Manner) the People would never hear a Syllable of the

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Matter, but the Opinions would be concealed, with the utmost Care,
in the Sanctum Sanctorum of his Cabinet. From all these Con-
siderations then, the Consequence is irrefragable, that the Upper
House, in insisting upon the Opinion of the Attorney General, as a
Matter which should operate strongly on the Proceedings of the
Lower House, have endeavoured to establish a Rule, by which the
People may lose all their Privileges, without the remotest Probability
of gaining any Advantages; and hence we may conclude (without
any farther Scrutiny into their Conduct) with what just Pretensions
they assume the pompous Title of being, both by Inclination and
Constitution, the Guardians of the Peoples Liberties.
Secondly, But even upon a Supposition, that the Opinion had been
obtained upon a fair State of the Case by the Proprietor, I shall de-
clare, without any Reserve, that it ought not to have had any Weight
with the Lower House, farther than the Reasons adduced in Sup-
port of it might seem to carry; I mean, that it ought not to have
been submitted to, as an authoritative Rule, and for this plain Reason,
because the People have a Right, and indubitable Right, to appeal
to His Majesty in Council. As this Right was incontestibly proved,
in the last Session of Assembly, in an Address to the Governor by
the Lower House; and as it is the peculiar Fate of this Colony to
be excluded from the Exercise of it, they ought, instead of admitting
the Substitution of any unconstitutional Authority, in the Decision

p. 23

of their Disputes with the Government, to adhere to this Right firmly
and invariably, in full Confidence that His Majesty has too much
Wisdom, and too high a Regard for the Privileges of His People,

p. 24