clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search		 search for:
clear space
white space
Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 23   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>
clear space clear space clear space white space

487] The English Statutes in Maryland. S3
Lastly, the reader is referred to Mansfield's decision in
the case of Campbell v. Hall.i2 Here the same general prin-
ciples were stated more elaborately in six propositions, which
need not be quoted at length upon the present occasion, as
the time and place of the matter at issue lie too far from the
limits described for this paper.
These opinions, judicial decisions, and the authority of
Blackstone suffice to illustrate the legal theory with which we
have to compare the claims put forth by the Maryland col-
onists. With the cases and decisions that come later, and
with the modern classification of the British colonial system,
we are not here concerned.13 It must be remarked, however,
first, that the opinions we have quoted show a process of
development, and some lack of harmony; second, that while
the principles as to extension which Blackstone lays down
did, in American courts generally, become the accepted theory
of the transfer of English law,14 a different attitude was as-
sumed towards his consideration of the American possessions
as conquered territory ; and thirdly, that as Reinsch has shown.
the legal theory is not universally supported by the actual
facts in the legal history of the colonies.15
As we have not undertaken any but the barest statement of
this legal theory, so our reference to the experiences of other
colonies must be of the briefest. While in every group of
colonies incidents turned upon or called in question the
same points as the Maryland controversy, and although no
12 1 Cowper, 204. Sec also the pamphlet mentioned above, p. 18.
n. l.
15 For a general discussion of the later development of the theory
see Burge W., Commentaries on Colonial and Foreign Laws Gen-
erally, and in their conflict with each other and with the Law of
England. London, 1838. Here will be found the story of the pro-
clamations of 1763—the Grenada judgment, etc. For Canada and
tile Quebec Case. see also Coffin. The Province of Quebec and the
early American Revolution. See also Egerton. H. E.; A Short His-
tory of English Colonial Policy, ch. iv.
14 Van Ness v. Packard, 2 Pet. 137.
15 Reinsch: English Common Law in the Early American Col-
onies, passim.

  		clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 23   View pdf image (33K)
 Jump to  
   << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.

Tell Us What You Think About the Maryland State Archives Website!

An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives