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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 17   View pdf image (33K)
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CHAPTER H.
THE LEGAL THEORY AS TO THE EXTENSION OF ENGLISH
STATUTES TO THE PLANTATIONS, AND SOME PRACTICAL
ILLUSTRATIONS FROM OTHER COLONIES.
The rapid expansion, in recent years, of the territory be-
longing to the United States, and the judicial determination,
in the Insular Cases, of the relation of subject peoples to the
American Republic have revived a question as old as the
Constitution itself. This latest phase, involving possessions
disconnected and far removed, makes us readier than before
to examine the experience of other colonizing powers, espe-
cially of that British Empire from which the thirteen colonies
separated themselves by the Revolution. At the present writ-
ing-, moreover, the modern constitution of that empire is
being subjected to fresh scrutiny and review, through the
pressure of economic problems whose solution involves to
the foundation the relation of Great Britain and her depend-
encies. But since, in the logic of history, the present has
grown out of the past, a study which carries us back to the
first building of that imperial system, and to the time when
we were part of it, seems to be not unseasonable. Therefore,
as our last chapter was local in its point of view, this is to be
imperial in its outlook; and, leaving as beyond our proper
field all considerations of economic relations, we shall inquire
briefly into the theories held, in the seventeenth and eighteenth
centuries, by English judges and lawyers, as to the legal status
of the colonies, and especially as to the extension to these of
Statutes of the British Parliament. Afterwards, for the pur-
pose of comparison, we shall review the experiences of a few
other colonies, which involved these theories or principle?
similar to those contested in Maryland.
We may first direct our attention to a case which was de-
cided early in the seventeenth century, as a result of the union

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 17   View pdf image (33K)
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