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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 102   View pdf image (33K)
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102 The English Statutes in Maryland. [566
We have a Power of Legislation; that if any of the English Laws.
are suitable to the Circumstances of the Province, we may enact
them a-new: And from thence, 'tis inferred, that there is no Reason,
to contend so much for the English Laws: and, indeed, that we have
no Right to them, since we are so amply provided for otherwise.
To this I answer,
That the Power of Legislation, granted to the Lord Proprietary,
and the People of Maryland, was design'd as a Benefit, and not as a
Prejudice: For it could hardly be suppos'd that a New Colony,
vastly distant from their Mother-Country, exposed to the Insults of
a cruel and savage Enemy; and inhabiting a Wilderness, must not
be at a Loss, in some particular Cases, to apply the Rules of the
Common Law, or general Statutes: (were they ever so conversant
with them.) which happens to be the Case. in Great Britain, itself.
and occasions the making of new Statutes, almost every Session of
Parliament; and not to
p. 29 have it in their Power to provide suitably to any Emergency, by
Laws of their own. would expose them to many Inconveniences; to
prevent which, no better Expedient could be thought of, than to
grant Them a Power of Legislature, under proper Restrictions. Thus
it is in all Corporations; the Members of them, have a Power, with
the like Condition, expressed, or implied, that is annext to the
Power of Legislation. Granted to his Lordship, the Lord Proprie-
tary, and the Freemen of Maryland, to make By-Laws, for the par-
ticular Utility of their own Country. And I believe, no Lawyer, or
Man of Sense, ever imagined, that such a Grant, divested those that
accepted of it, oi the Rights they were born to in Common, with
their Fellow-Subjects. Besides, it we consider the prudential Part,
it is impossible that We can be ignorant. That the enacting so many
New Laws, would take up a vast deal of Time, and occasion a
greater Expense, then our Circumstance? will admit of: And when
all is done, they will not be any better than they are now, nor near
so good. unless great Care be taken in transcribing them: And I
have the Opinion of a very eminent Lawyer. " That it is never pru-
" dent, to change a Law, which cannot be better'd in the Subject
" Matter of the Law." * There is another Circumstance, that (as I
humbly conceive) is of great Weight, and deserves the most serious
Consideration; which is this: Should We attempt to enact such of
the English Statutes, as may be supposed to suit the Condition of
*Vaugh. C.I.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 102   View pdf image (33K)
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