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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 35   View pdf image (33K)
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499] The English Statutes in Maryland. 35
by the Upper House of the resolutions passed by the Lower in
1722. Perhaps the most noteworthy document was another
historical retrospect presented by the Committee on Griev-
ances. which discussed especially the judges' oaths from 1692
to I724,12 and a letter written to the Governor by Dulany, to
whom, as Attorney-General, the former referred the wording
of the clause in the proposed oath, for his opinion as to its
constitutionality." It is impossible to believe that Dulany's
leadership in the Lower House was not known, consequently
the whole situation seems somewhat ludicrous.
The next Assembly—a new one—met in October, 1725,
and made a violent attack on the privileged classes—the law-
yers, the clergy, and the proprietary officers. The year was
no less noteworthy in the statutes controversy. Perhaps as a
campaign document for this Assembly, there was published in
Philadelphia, by Andrew Bradford, a Selection of the Votes
and Proceedings of 1722-4, bearing on the statutes contro-
versy and the constitution of the Province, to which were pre-
fixed, first, a translation of the charter of Maryland, and, sec-
ondly, a long anonymous " Epistolar Preface,to the Maryland
"Readers," " which urged the colonists to appreciate their his-
" I.. H. J. October 18th. 1724.
" U. H. J. Oct. 31, 1724. May it please your Excellency. The
words proposed in the oath of a Judge (for the Letters of the
King) being designed only to oblige the Judges according to the
known and established rules of law without regarding any com-
mands or other directions (even the King himself) to '.lie contrary,
I'm humbly of opinion can't possibly affect his Lordship, in his
prerogative or any other way. but on the contrary show that regard
to the equal and indifferent administration of justice !o the people
in putting the judges under the most sacred tyes to discharge their
duty that is one of the distinguishing characteristics of a good ruler.
May it please vour Excellency, Your most humble servant,
D. DULANY."
"This "preface," the general character of which makes il seem
probable that it was written by Dulany, speaks first of the lack of
publication of the " parliamentary proceedings " of Maryland, and
the resulting ignorance of the constitution of the Province, which
makes " the character of a great Commoner, so much esteemed in
England . . . here unknown, or useless." The author then
vigorously combats the charge of innovation which has been
brought against his party. On the contrary they are striving for
the rights the Province has always had, which are English liberties.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 35   View pdf image (33K)
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