Appendix. 447

ordinary licences, as a grant of the people, and that the application
of such fines cannot be made without the assent of their Represen-
tatives. The answer is, that if the late Lord, or his ancestors had
passed such or twenty such acts, it would not alter the power or
property granted and vested in the present Lord, by virtue of the
Royal Charter descending to him by inheritance from his illustrious
ancestors. All former Proprietors might at any time accede to an
act to appropriate their own dues to other uses according to the
exigencies of the colony, but that will by no means bind their suc-
cessors, nor can they do any injury to a right, which is for ever
descending with the charter.

It will be universally allowed, that for the good and peace of the
Government, and to hinder the inconveniences and damages which
must arise from unlicensed ordinaries and public houses, that all
keeping such houses should be under proper regulations and re-

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.

trictions. Licences and fines are fixed upon by authority, as the best
means to keep them in due bounds. As to the money arising from
licences and fines, to whom does that belong ? Why, by the authority
of the Charter, it is the sole and whole property of the Lord-Pro-
prietor. — The licence-money was consolidated into the tax by the bill
of 1756, "towards making good the payment of the 40,000}. for
his Majesty's service, section 96." The Secretary has all along
shewn himself satisfied with that act by generously complying with
his loss of fees of ordinary licences, &c. to which fees he has a right
by virtue of his commission, but declares not one farthing of them
has, to his knowledge, been paid into his office. The truth of this
may be known from Daniel Delany, Esq. his Deputy.
Then comes this remarkable passage, page 46 and 47. [pp. 395-
396] (Vide the Upper and Lower House's Message inserted in this
discourse.) "It is a maxim in politics, almost universally adopted,
that the Representative is justified by the instructions of his con-

p. 135

stituent, in acting even against his own judgment; and we were
willing to entertain hopes, that your Honours (id est, the Upper
House) might be more at large at present than heretofore, with
respect to the tax on the Proprietary estate, and the great offices of
the Government. Now that I may explain this passage to the under-
standing of the supposed associates in this elaborate performance, I
will borrow my logic from the bar, (here he starts up the lawyer!)
and by force of innuendo's, throw such a light upon it, that the
persons in the Province, who would discover any obscurity in it,
shall, at the first glance, comprehend its full scope and intention. — It
is a maxim in politics, that the Representative (the Upper House
meaning) is justified by the instructions of his Constituent, (the
Lord-Proprietor meaning) in acting even against his own judg-
ment, (the judgment of their Honours of the Upper House meaning)
and we were willing to entertain hopes, that your Honours might

p. 136