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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 19   View pdf image (33K)
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483] The English Statutes in Maryland. 19
The year in which this decision was rendered (1607)
marks the very beginning of successful English settlement in
North America; but the principles then formulated were put
into practice especially in the colonization of Ireland in this
and in the succeeding reign.2 For the ends of this paper, it
is to be remembered as the first " leading case " that declared
the distinction between conquered and settled dependent terri-
tories, and applied a different rule to these classes respect-
ively.
As settlement in the new world progressed, and govern-
ments of one form or another were established by royal per-
mission, or instruction, we find all the charters save one
granting to the colonists the rights of English citizens, and
the claim to these rights maintained by the inhabitants of
every colony, whether in possession of a charter or not. As
to the interpretation of these rights, and the determination of
their extent, discussion and dispute were more or less contin-
uous. Every colony, however, at some time during its consti-
tutional history had to face this question of the relation of
the colonial law to the legal syslem of the mother country.
In our ordinary study we naturally emphasize the history of
the English colonies on the Atlantic coast—and of only sonic
of those—but occasionally we are led to other regions for our
best sources of information.
The next important judicial decision was one that con-
cerned the colony of Jamaica. The whole constitutional devel-
opment of this island is of the greatest significance in Amer-
ican colonial history, and far too little attention has been paid
to it. In this connection, especially, certain similarities and
certain differences render very interesting a comparison with
Maryland.
2 The frequency of reference to the analogy of Ireland's law is
noteworthy. See the matter upon the constitutional development
in Ireland, in Hallam, The Constitutional History of England, ch.
xviii. Compare, also. I. BIackstone's Comm. 10.1-4: Lord Mans-
field's decision in Campbell v, Hall, quoted above; a pamphlet en-
titled The Privileges of the Island of Jamaica Vindicated. London,
1766 (rep.) A recent discussion of this whole matter is found in
Snow, A. The Administration of Dependencies, chaps. 1-4.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 19   View pdf image (33K)
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