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L. H. J.
Liber No. 49
Sept. 30
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Part of their English Liberties, are not Well-wishers to the Country,
and mistake it's happy Constitution.
Resolved also, That if there be any Pretence of Conquest, it can
be only supposed against the Native Indian Infidels; which Supposi-
tion cannot be admitted, because the Christian Inhabitants purchased
great Part of the Land they at first took up from the Indians, as well
as from the Lord Proprietary, and have ever since continued in an
amicable Course of Trade with them; except some partial Outrages
and Skirmishes, which never amounted to a general War, much less
to a general Conquest, the Indians yet enjoying their Rights and
Privileges of Treaties and Trade with the English, of whom we yet
frequently purchase their Rights of such Lands as we take up, as
well as of the Lord Proprietary.
Resolved further, That this Province hath always hitherto had
the Common Law, and such general Statutes of England, as are
securitative of the Rights and Liberties of the Subject, and such
Acts of Assembly as were made in the Province to suit it's particular
Constitution, as the Rule and Standard of it's Government and
Judicature; such Statutes and Acts of Assembly being subject to
the like Rules of Common Law, or equitable Construction, as are
used by the Judges in construing Statutes in England; which happy
Rules have, by his Majesty and his Royal Ancestors, and also by his
Lordship and his Noble Ancestors, or some of them, been hitherto
approved, by having the Commissions of Judicature to include Direc-
tions of that Nature to the several judicial Magistrates; unless those
Words have at any Time been casually or carelessly omitted by the
Officers in this Province, that drew such Commissions.
Resolved, That the Levying and Taking the Sum of Twelve Pence
Sterling p Hogshead, by the Right Honourable the Lord Proprietary
of this Province, on all Tobacco exported out of the same, under
Pretence and Colour of the Act of 1704, is not warranted by Law.
Resolved, Nemine Contradicente, That if the above Act of 1704
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p. 12
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had been in Force from the Restoration of the Government by the
Crown to the Right Honourable the Lord Proprietary, to this Time ;
yet, the Sum of Three Pence Sterling, Part of the said Twelve
Pence Sterling, agreeable to the plain Construction of the above-
mentioned Act of 1704, and her late Majesty Queen Anne's Instruc-
tions to her Governor here when the said Act was in Force, ought
to be applied towards the purchasing of Arms and Ammunition for
the Defence of this Province.
A Petition of the Freeholders of Baltimore County, on Behalf of
themselves and many others, free Voters of the County aforesaid,
complaining of an undue Election of Delegates for the said County,
was preferred to this House; and on Reading thereof, Ordered, That
an Hearing on the said Petition be had at the Bar of this House on
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