246 Assembly Proceedings, May 1-June 12, 1739

U. H. J.
No. 734

and Governor within this Province and will not pass, sent to the
Lower House with the following Message by George Plater Esq^r

By the Upper House of Assembly 31 May 1739
Gentlemen
Upon Considering the Bill for raising an Annual Revenue for the
better Support of his Lordships Government and Governor within
this Province We have thought fit not to Pass it And we are Per-
swaded you will upon Reconsidering that Bill Concur with us in
the Reasonableness of Our Refusal
In the first part of the Preamble it is set forth " that it doth not
appear to this Present General Assembly that there is any Law now
in force to raise a Sufficient Support for the Purpose mentioned in
the Bill " In which Assertion we cannot Agree with you And We
have the Happiness to be Supported in our Opinion by the Words
Used towards the latter part of the Preamble of that Bill wherein it is
said that " it is not the Intention of this Assembly to deprive the Right
Honourable the present Lord Proprietary of a Sufficient And Hon-
ourable Support for his Government and Governor for the time being
in and over this Province " By this it is necessarily Implied that his
Lordship has a Right and Title at this Time to such a sufficient and
Honourable Support as he may be deprived of
This is very true but Contrary to the former Allegation of no
Law to raise a sufficient Support since the Perpetual Law only of
1704 raises that support And further We Apprehend no Power less
than a Legislative one can deprive him of that Right which is
declared by the Bill not to be the Intent of the Legislators. But be
pleased to Consider how well that declaration and the Continuance
of this Bill for three years Agrees with some Arguments in the Pre-
amble fetched from temporary Laws being Enacted as if such
temporary Laws destroyed the Perpetual Law of 1704; And as We
are Inclinable to Believe there is no Intention to deprive his Lordship
of a sufficient and honourable support of Government We cannot
think it Adviseable by Passing this Bill to Afford another Instance
of a Temporary Law, since such strange Inferences not War-

p. 39

ranted by any Rules whatever are drawn from Temporary Laws
and our Conduct in this matter must appear the more satisfac-
tory to you since the Grand Reason of that Bill seems only to be,
in order to Assert and maintain that principal and most Essential
Branch of Liberty which the Assembly conceive themselves " in-
tituled to as Subjects of Great Britain of not being liable to the Pay-
ment of any money Tax Impost or Duty except such as shall be war-
ranted raised and Assessed by Laws made by themselves and the
Other Branches of the Legislative Body " If this is the true Motive,
and no Intention to deprive his Lordship of the support of Gov-