nature. In particular, the vague and arbitrary powers given to the Naval Officer, the hardships of imposing an Oath to be taken on circumstances, which, in their nature, must be so uncertain and indeterminate, and the severity of the fines, pains, and penalties inflicted on the nonobservance of the provisions contained in this Act, are, in our opinion, liable to great objection, when in addition hereunto, we submit to your Majesty the further consideration how far this Law, by subjecting Masters of British vessels to the above disabilities and restraints may be said to counteract the Spirit of the Act of Parliament for the Transportation of Convicts, we humbly conceive that your Majesty, upon these reasons and suggestions, will think it expedient to signify your Royal Disallowance of this Act.

Indorsed, "Representation to the King, on Three Acts passed in April,

1772."

GOVERNOR EDEN TO LORD DARTMOUTH.

ANNAPOLIS, 29 January 1773

MY LORD,

I am to acknowledge the honour of your Lordships letter of the 4th of November 1772- No. 1.

The intimation with which your lordship has favoured me of his Majestys most gracious approbation of my conduct gives me the utmost satisfaction and I sincerely wish that the measures pursued by the lower House of Assembly had been less intemperate and offensive. In popular Assemblies particular men generally govern the rest and their proceedings take their colour from the temper and views of a few leaders. The moderate and diffident are

carried with the stream, and their silence and acquiescence, by swelling the apparent majority, indicate an approbation of violences they really condemn. This was too much our case in the October Sessions, as well as in the Sessions next before it.

I shall, particularly as your lordship has expressed your opinion of the utility of it, take the earliest opportunity to transmit from time to time, whilst I shall continue in my present station, the acts and proceedings of the legislature of Maryland. In the year 1773, as is observed in my Message to the lower House, p. 85, Lord Baltimore by proclamation settled the fees of Officers. On that occasion the lower House entered a resolve in their proceedings, similar to that your lordship has taken notice of, p. 20. It seems probable that in the year 1733, the lower House had no view beyond the subject before them, viz, the regulation of Officers fees by proclamation, but, whether the lower House in their repetition of this Resolve in October Session 1771, had or not any further views, I cannot certainly inform your lordship. But, the design of their message was I apprehend to represent this regulation of fees and the restriction laid upon the Officers by my proclamation, as an effective tax, and of the general reasoning of it to prove not only that a tax cannot be constitutionally raised without the assent of the peoples representatives but also the peculiar privilege claimed by the lower House in the article of taxation. This claim of privilege is further explained by the messages between the two Houses, p. 53, 56, and was one of the reasons that induced me to recite in my message, p. 86, the opinion of Lord Camden when he was the Kings Attorney General. That both Houses of Assembly in Maryland would with their utmost exertion endeavour to maintain their position, that the people of Maryland are not constitutionally liable to any tax laid without their assent, I have no doubt, and believe the same principle and idea to be generally prevalent in the other Colonies.

The Resolves of the different American Assemblies on the affair of the Stamp Act and the proceedings of the Congress (as it was called) at New York seem to be clear proofs of their disposition and strong attachment to this principle: But yet, my lord, the notion that the regulation of fees and the laying of a tax are the same thing has not been carried so far as to beget an opinion that the fees established for the support of the officers of the Customs appointed by the Crown are not due: For these fees are paid in Maryland without hesitation, and though the regulation of fees by my proclamation has been violently exclaimed against, your lordship perceives nothing has been said with respect to the fees claimed and received by his Majestys officers of the Customs.

I should be extremely sorry if the explanation I am to give your lordship of the motive for passing the Act Ch. 1. should not prove satisfactory; For, I can venture to assure your lordship that this Act was not intended to contravene the Statute in any degree, and that the people in whose favour it was passed have the merit of being most useful subjects. In consequence of the encouragement given by Statute a great number of German Emigrants have settled in North America, particularly in Pennsylvania and the frontier County of Maryland. They are generally an industrious laborious people. Many of them have acquired a considerable share of property. Their improvement of a Wilderness into well stocked plantations, the example and beneficent Effects of their extraordinary industry have raised in no small degree a spirit of emulation among the other inhabitants. That they are a most useful people and merit the public regard is acknowledged by all who are acquainted with them.

It happened that one Mr. Hagar, a German who had been naturalized according to the Statute was elected one of the Burgesses to serve in Assembly for the frontier County. When the Assembly met, it became a question

whether he was eligible or not, and it was determined in the Negative by a Majority of one only, as your lordship will observe on having recourse to the transmitted copy of the votes and proceedings, p. 9. 10.

It was understood that the limitation or proviso in the 13th of George 24 Ch. 7 had been omitted by the general purview of the act Mr. Hagar would have been Eligible, and that the limitation or proviso, "that no person who should become a natural born subject of this Kingdom by virtue of this Act shall be of the privy council or a member of either house of Parliament or capable of taking having or enjoying any office or place of trust within the Kingdom of Great Britain or Ireland, Civil or Military, or of having accepting or taking any grant from the Crown of any lands tenements or hereditaments within the Kingdoms of Great Britain or Ireland." I say, my lord, that this limitation or proviso did not Extend to disqualify Mr. Hagar to be a member of the Maryland Assembly: But, an Act of Assembly having provided that no person disabled by the laws of England from sitting in Parliament should be elected to serve in Assembly, the question arose on the proviso in the Statute and the reference of the Act of Assembly to the laws of England conjunctly; and though a majority of the lower House of Assembly thought Mr. Hagar on this question to be ineligible, yet the Act Ch. 1. unanimously passed for the very purpose, that a person in his situation might in future be chosen a Member of Assembly; and your lordship will perceive on turning to p. 53, 54 that Mr. Hagar was re-elected. Such my lord was my motive for passing the Act Ch. 1, And permit me to assure your lordship, if I had Entertained any Suspicion that this Act impugned in any degree the Statute, I would have dissented to it on that very ground.

In Pennsylvania foreigners naturalized may be chosen. members of the Assembly, and there is reason to apprehend that if they should not have (since the point has been

stirred) the same privilege in Maryland, it would be a great disadvantage to this Colony, Especially as (notwithstanding they maintain their Ministers by contribution) they are Equally taxed with others to support the Established clergy; a charge to which they are not liable in Pennsylvania, where there is no such Establishment.

The Effect of this Act is merely local; the design of it was in no degree to set aside the limitation contained in the Statute and the provisions of it are all most necessary on account of the privileges Enjoyed by foreigners naturalized in Pennsylvania. On these Considerations I hope for your lordship's most favorable construction.

I acknowledge myself greatly obliged to your lordship for your polite attention to my request should my business. call me home; and only beg leave to add, that I hope any consideration such a proposition may induce will not remove me from my Government, so long as my conduct therein merits the approbation of his Majesty and his Ministers for this department, which shall always be the Endeavour as it has ever been the sincere wish of

&c.

[Prop. Z 51. Recd. 20 Dec. 1773.]

ROB EDEN.

COPY OF THE KING'S ORDER, RESTRICTING THE GOVERNORS IN AMERICA FROM GRANTING ANY MORE LANDS.

At a Council held at Fort George in the City of New York, on Wednesday the Ninth day of June 1773.

PRESENT

His Excellency WILLIAM TRYON Esq Captain General &c.