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Resolved also, that if there be any pretence of conquest, it can be
only supposed against the native indian infidels; which supposition
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 the rights of such land as we take up, as well
as of the lord proprietary
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L. H. J.
Liber No. 52
May 26
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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 its particular constitution, as
the rule and standard of its 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 directions 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 per hogshead, by the right honorable 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
had been in force from the restoration of the government by the
crown, to the right honorable 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 ot the above mentioned act ot
1704, and her late majesty queen Ann's instructions to her governor
here, when the said act was in force ought to be applied towards
purchasing of arms, and ammunition for the defence of this prov-
ince: Were read, and unanimously approved of. His excellency's
speech read a second time
Ordered that an address be prepared to be presented to his
excellency, on his speech; and that M.r Hollyday, M.r Johnson, M.r
Hall, M.r M. Tilghman, and M.r Murdock do prepare and bring in
the same
The house appointed John Duckett and Edward Ford, clerks to
attend the several committees that may be appointed this session
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p. 492
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