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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 33   View pdf image (33K)
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497] The English Statutes in Maryland. 33
tant resolutions—to which constant reference will be neces-
sary—which declared (5) that the Province was not under
the circumstance of a conquered country; that if it were, the
present Christian inhabitants were the conquerors, not the
conquered'. but that not even against the Indians was con-
quest the method of settlement. On the contrary, the lands
were put chased—(6) that this Province had always hitherto
had the common law and such general statutes of England
as were not restrained by words of local limitation, and the
Acts of Assembly—subject to the same rules of construction
as those used by the judges in England. These rules had
received the Proprietor's approval by the commissions given
to their judicial magistrates except where such words had
been casually or carelessly omitted; that whoever advised his
lordship or his successors to govern by any other rules were
evil counsellors— and (7) that these resolutions were not
occasioned by any apprehension of infringement of their prin-
cipies by the proprietors, but had the intent of informing their
posterity as to the nature of their constitution.
The Upper House postponed consideration of these resolves,
on the plea that they desired to consult the Attorney-Gen-
era) concerning them,.and did not give their approval until
two years later.4
Not many days later the session came to an end. When
the Assembly next met, the Governor communicated to them'
the dissent of the Proprietor to the Act of 1722. The letter
of veto bore date of March 19. 1722 [3], and further required
that this dissent should be recorded. The Governor was
instructed, also. not to allow the passage of any Act for the
introduction " in a lump '' of the English statutes, which
had always been held nor to extend to the plantations unless
by express words located thither. Any one or more found
convenient for Maryland should be enacted de novo in whole
or in part,
* U. H. J. MS.. Nov. 4. 1722. See below, pp, ,34-5
'L. H. J. MS.. Sept. 25, 1723.

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