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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Preface 42   View pdf image
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xlii Introduction.

men of this Province". A committee of twelve, to which two additional mem-
bers were soon afterward added, headed by Murdock, was appointed for this
purpose (pp. 23, 28). On September 27 this committee brought in its report
together with the resolves it had drawn up. These were unanimously approved.
These resolves relative to the Stamp Act were under eight heads. Some
of these eight subjects were of the same tenor as those regularly included in
the resolutions or resolves adopted by the Lower House at each session follow-
ing the election of a new Lower House, which have been described as in the
nature of a bill of rights and a declaration of independence of Proprietary
pretensions by the people of Maryland. In the present instance, however, the
resolves adopted in connection with the Stamp Act may be looked upon in the
light of a bill of rights and declaration of the independence of the Province
from the pretensions of the British government to the right to tax the colo-
nies. The resolves asserted not only the general rights of the people of Mary-
land as British subjects, but also their peculiar rights and privileges under the
Maryland charter, exempting them from taxation except that imposed by them-
selves. The first resolve asserted that the original settlers had brought with
them all the rights of British subjects and had transmitted these rights to
their posterity. Second; that the Magna Charta and laws of England, con-
firmed by "the Petition and Bill of Rights", provided that subjects should not
be taxed except by common consent in Parliament. Third; the Royal Charter
given in 1632 by Charles I to Cecilius Lord Baltimore granted to those who
should settle in Maryland and to their descendants full enjoyment of "all liber-
ties, franchises, and privileges of this our Kingdom of England"; and that at
no time thereafter should there be made "or cause to be Set any Imposition
Custom or other Taxation .... within the said Province", and all "Officers
and Ministers of us our heirs and Successors" are enjoined on "pain of our
high Displeasure that they do not presume at any time to Attempt anything
to the Contrary of the Premises". Fourth; "the Charter is Declaratory of the
Constitutional Rights and Privileges of the Freemen of this Province". Fifth;
that "Tryals by Juries is the Grand Bulwark of Liberty the undoubted Birth-
right of every Englishman and Consequently of every British Subject in
America and that Erecting Jurisdictions for the Tryal of Matters of fact is
unconstitutional" [a reference to the extensive jurisdiction given admiralty
courts under the Stamp Act]. Sixth; that it is the "Opinion of this House
that it cannot with any truth or Propriety be said that the Freemen of this
Province of Maryland are Represented in the British Parliament". Seventh;
that "His Majesty's liege People of this Ancient Province have always enjoyed
the Right of being Governed by Laws [enacted by themselves] by which they
were taxed, and that this right has never been forfeited but has always been
recognized by the King and people of Great Britain. Eighth; that it is the
"Opinion of this House that the Representatives of the Freemen of this
Province in their Legislative Capacity together with the other part of the
Legislature have the Sole Right to lay Taxes or Impositions on the Inhabi-
tants", and that the imposition of any tax on them "under Colour of any
other Authority is Unconstitutional and a Violation of their Rights" (pp.
31-32).


 

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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Preface 42   View pdf image
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