The Lower House. 129

To his Excellency Thomas Bladen Esq^re Governor of Maryland.
The humble Address of the House of Delegates of the said
Province.
May it please your Excellency.
In your Message to this House you were pleased to say, " that One
Pound of Tobacco per Poll has been assessed and levied from the
Taxable Inhabitants of this Province, by virtue of an Act of Assem-
bly entituled, An Act for the ordering and regulating the Militia of
this Province for the better Defence and Security thereof," In answer
to which permit us to observe, that the said Act being a temporary
Act by a Clause of Continuance for three years and to the End of the
next Session of Assembly after the said three years, was, at a Session
of Assembly held at Annapolis the 14^th Day of May 1719, by an Act
then passed, continued in force for three Years and to the End of the
next Session of Assembly after the End of the said three years
(Body of Laws Fol. 209) And at a Session of Assembly held at the
said City the 10^th Day of October 1722 by a Clause of an Act then
passed (Body of Laws Fol. 235) entituled, An Act directing how
the Fines shall be adjudged against such as neglect to appear at
Musters, was again continued by the Words following, viz. And be
it further Enacted, that an Act entituled, An Act for ordering and
regulating the Militia of this Province for the better Defence and
Security thereof, made at a Session of Assembly begun and held at
the City of Annapolis the twenty sixth Day of April Anno Domini,
One Thousand seven Hundred and fifteen, is hereby revived and
continued in full Force."
We humbly conceive, that the last recited Act of 1722, being a
supplementary, explanatory, and dependant Act on that of 1715, and
the continuing Clause of the latter, viz. " For three years and to the
End of the next Session of Assembly after the End of the said three
years," not being repealed, but revived and continued therewith, and
there not being any Expressions to shew it to be the Intention of the
Legislative Power, that the Act of 1715 should be perpetual, we ap-
prehend the same has been long since expired: And altho' this be
our Opinion on that Point, we take leave further to observe to your
Excellency, that if the said Act were in it's full Force, yet it does not
appear to us that your Excellency, and the Honourable Board, have
acted agreeable to the Letter, Meaning, or Intention thereof.
It gives us great Concern to have any Cause of Complaint, or Dif-
ference with, your Excellency, and that Honourable Board, and
therefore truly wish, and hope to find, that the Welfare and Ease of
the People may and will be the measure and Rule of Acting.
We therefore hope you will agree with us, that it is a high Infring-
ment on the Liberties of the People of Maryland, to levy any Taxes
on them under Colour of Law, as not only we, but our Constituents
generally conceive has been done in this Case.

9

L. H. J.
Liber No. 46