Appendix. 429

out the temporary duration of the bill, by which means it would be
perpetual; but the Lower House did not proceed any further in that
bill, and so the bill dropped. Since that opposition, the duty has
been constantly paid under the act of 1704, and the same has been
always acquisced in, (as far as I know) and as every merchant in
the Maryland trade can testify; which behaviour of the Assembly and
people of Maryland (it is apprehended) sufficiently testifies their
approbation and consent to the force and effect of that act. The
act of 1704 is by tenor perpetual; can it be supposed, the King, or

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Md.Hist.Soc.

the Lord-proprietor his Majesty's Hereditary Governor, will con-
cede at any time to an alteration by act of Assembly, from perpetual
to temporary ? This is not to be expected.
I have heard an observation made, that it was the sense of some
of the Legislature of Maryland, i. e. of the Lower House, that acts
granted to the Proprietor for support of Government, did not extend
to the King; the meaning of this can only be, that acts made for
support of Lord Baltimore's Government cannot be extended to, or
sufficient to raise a support for his Majesty's Government: this may
be true, and yet it will not follow from thence, that acts made for
support of his Majesty's Government will not be sufficient for sup-
port of the Government, of which Lord Baltimore by himself, his
Deputy, or Lieutenant-governor, has the administration. And fur-
ther, whether by providing a support for his Majesty, his heirs, and
successors, which the act of 1704 does, the Lord Baltimore may not
with sufficient propriety, so as to satisfy the act, be said to be the
successor of the King in hac parte, if the Government is so totally

p. 53

changed from the King to Lord Baltimore, as that it cannot be
called the King's Government. But if it can still be called the King's
Government, which it most certainly is, and which appears by
allegiance paid to the King, and by his Majesty's approving his
Lordship's appointment of the Lieutenant-governor, tho' the Lord
Baltimore administers the same Government under the King: then
the law of 1704, by the express words intended, and does actually
provide for the support of that Government, which his Lordship
now administers; and Lord Baltimore, as successor to the King in
hac parte, is meant and included in the act: for Lord Baltimore is
but his Majesty's Hereditary Governor, and at most but the King's
useful substitute, so that it is always the King's Government.
And it is to be observed, that during the time the administration
of the Government was immediately under the Crown, and whilst
it was supported by the act of 1704, three pence per hogshead on
tobacco was levied for the necessary charges of the Government,
which necessary charges by subsequent acts were explained, and the
three pence raised thereby was appropriated for a magazine, and

p. 54

to provide arms and ammunition. The same three pence (I am
informed) was raised by an act in 1734, the late Lord having at
that time the administration of the Government.

p. 55