440 Appendix.

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.

"His Majesty was pleased to approve of the said report and order,
and it is hereby ordered, that the act lately passed in Maryland for
the fourteen pence tonnage be, and hereby is, set aside and disallowed,
and the Lord Baltimore be permitted without any disturbance or
interruption to collect and receive by such person or persons, as he
shall thereunto authorize and appoint, the said duty of fourteen
pence per ton for port duties or anchorage, for his own use and
rights belonging to him by law, as the Lord Proprietor of the said
Province, as well as Colonel Copely, his Majesty's present Governor,
as the Lord Baltimore and all others whom it may concern, are to
take notice of his Majesty's pleasure hereby, and to comply with the
several particulars of the said report."
Copy. John Nicholas.

p. 116

Thus do I understand the opinion of the then Sollicitor-general,
and the report of the board of trade was for the act of tonnage in
favour of the Lord Proprietor, and that his Majesty thereupon
ordered his Governor of Maryland to permit his Lordship's agents
to collect the duty of fourteen pence per ton, as they had heretofore
done. — Reference to records of the King's Council, and Provincial
Council in Maryland recorded.
The Pamphleteer (page 41 to 44,) [pp. 393-394] revives the
Querist; he says, "For proof of the Proprietor's power to remove
Counsellors, and consequently the Members of the Upper House, at
his will and pleasure, I must beg the reader's patience, while I lay
before him the famous case of the late Thomas Bordley, Esq. as far
as is pertinent to this point, which stands as follows."

Part of the Governor's speech, February 20th, 1721.
Gentlemen of the Upper House of Assembly,
"In relation to Mr. Bordley, I must let you know, that my dis-

p. 117

charging him from giving me farther counsel, is not designed to
affect him as a Member of your House, if, as such, he has a right
to sit therein, which point I desire you will enquire into, and inform
me of your judgment therein, that justice may be done."

The Answer of the Upper House, February 23, 1721.
"We find, by inspecting our Journals, that the Upper House of
Assembly for this Province, under a Proprietary Government, was
always composed of such persons as were Members of his Lord-
ship's honourable Council, and that, and that only qualification is,
and has, been thought necessary to impower any person to act as a
Member of that House. We are therefore humbly of opinion, in
reference to Mr. Bordley, that if he be legally discharged from being
a Member of his Lordship's Council, he is thereby disabled and
deprived of the priviledge of acting as a Member of the Upper House
of Assembly." Annapolis, Feb. 23, 1721.