xvi Introduction.

the English Nation", as its Christian inhabitants had been "encouraged by the
Crown to transplant themselves hither for the Sake of improving and enlarging
it's Dominions" and as such it's inhabitants were entitled as in the past to the
benefits of "the Common Law and such general Statutes of England as are
securative of the Rights and Liberties of the Subjects; and such Acts of As-
sembly as were made in the Province to suit it's particular Constitution", and
that all commissions to judges should distinctly so declare (p. 16-18).

The house further resolved that, although it denied that the law of 1704 im-
posing an export duty on tobacco was still legally in force; even if this act
were unjustly construed to be valid, the misappropriation of three out of
the twelve pence export duty by the Proprietary for his personal use, on
the grounds that this was his prerogative, was clearly unwarranted and illegal.
Under this act, which was passed in 1704 when Maryland was a royal province,
a duty of twelve pence a hogshead was to be collected on all tobaccos shipped
out of the Province, three pence of which was to be applied to the purchase
of arms and ammunition for defense. After the Province was restored to
Proprietary rule in 1714, the lords Baltimore continued to collect the tax for-
merly spent for defense and appropriated it for their personal use.

Governor Sharpe opened the session with an address to both houses in
which he declared that the events of the last session "were such as unhappily
gave occasion for an odious Distinction to be made Between the Inhabitants of
Maryland and those of the Neighboring Colonies and inclined His Majesty's
Generals who were appointed to command his Forces in these parts to entertain
a very unfavourable Opinion of the People of this Province". The Governor
further said that he had told the commander that he did not believe it was the
desire of the people in general to be exempted from contributing their quota
for the contemplated expedition under Forbes, but that the failure to do so
was due to the disagreement between the two houses as to the method of
raising the money; and that General Forbes as a result of these representations
had advanced funds for the support of the Maryland troops now in service
under him until the Assembly could meet again and reimburse him. The
Governor urged the Assembly to devote itself first to the preparation of a Supply
bill and not to allow itself to be diverted to other less important matters (pp.
3-5). Forbes in a letter to Sharpe dated at the Camp at Carlisle, July 20, 1758,
which was laid before the Assembly, wrote that "being very adverse to your
Troops being disbandoned at this critical Juncture when in all Probability I
shall have great occasion for their Service, I am induced to Advance a Sum
of Money .... to pay your Troops the arrears that are due to them" and
that "I shall not Scruple to Assure them that they will most Certainly be paid
as Long as they shall Continue in the Service". Forbes also said that he had
repaid Mr. Ross for the advances made by him to victual the Maryland troops,
and added that these advances were made "upon the Credit of the Province to
be repaid me out of the first Money that your Assembly may raise", and re-
quested that the Governor will "Communicate with Letter to them that they
may be thoroughly apprised of my Intention and Expectation" (p. 5).