202 Assembly Proceedings, August 5-September 28, 1745.

L. H. J.
Liber No. 46

Which Bills were severally thus indorsed viz.
By the Upper House of Assembly, " The ingrossed Bill, whereof
this is the Original is read and assented to.
Signed per Order I. Ross CT. Up. Ho.
The House adjourns to 2 of the Clock.

Post Meridiem
The House met according to Adjournment
The Message brought in by M^r George was sent, with the Journal
of Accounts, to the Upper House by M^r Worthington, and M^r
Pemberton

p. 541

Samuel Chamberlaine Esq. from the Upper House, delivers M^r
Speaker the Journal of Accounts, Indorsed, (See page )
Col Lloyd from the Upper House delivers M^r Speaker the Bill
entituled, An Act for the Relief of John Penny &^a Indorsed, (See
page 55)
M^r Speaker communicates the House the following Message from
the Governor viz.
Gentlemen of the Lower House of Assembly.
It is really a Pity your Earnestness to deprive the Province of a
perpetual Law for ordering the Militia in its Defence, and to divest
the Government of a Power to raise 50000 Ib of Tobacco in a year,
should engage your House to use so much Time and Paper, in order
to confound the sense of yourselves and every Body else, on so plain
a Point as the Perpetuity of the present Militia Laws: But I must
confess your long Address on this Subject is the less wonderful, as
there was a necessity for attempting to justify your House in re-
solving that the Pound of Tobacco was unjustly levied, before any
Reasons could be considered or offered, to shew that it was lawfully
levied: And also when, in the first Page thereof, you set off with
a notorious wrong Principle in Reasoning, upon which all the Rest
of your Address seems chiefly to depend. I had before laid down as
a Rule with regard to a perpetual and temporary Law," That there
is no Time limited for the Duration, Operation, or Continuance of
the former, and therefore it must continue in force 'til it is repealed ;
That the latter having a fixed or limited Time for it's Duration, or
Operation, it must certainly expire when the Time so fixed or limited
expires, or the End for which it was made is fully answered; unless
it is continued by another Law." As there is no Time limitted for
the Continuance of the Law in 1722, which revived the Law of
1715, it necessarily follows that Revival must be perpetual: This
appeared in so strong a Light to you, that it seemed necessary you
should first endeavour to get clear of that Distinction, before you
could promise yourselves any Success in amusing one another further
on this Subject. And pray how do you manage this Point? Why,