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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 39   View pdf image (33K)
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503] The English Statutes in Maryland. 39
passed, but the Governor withheld his consent.2' Next year
he carried into this controversy the same conciliatory policy
which he made his general rule of conduct: told the Assem-
bly that " the Proprietor and the country aim at the same
thing-"—the good of the Province; and then accepted a bill
which, drawn in a joint conference,29 was accepted by all par-
ties and became and remained law.30 In this law the important
phrases of the oath ran as follows :
"You shall do equal law and right to all t{he King's subjects. rich
and poor. according to the laws, customs and directions of the
Acts of Assembly of this province so far forth as they provide; and
when they are silent, according to the laws, statutes and reasonable
customs of England, as used and practised within this province." 31
When Charles Lord Baltimore, next year. visited the Prov-
ince, and, for a while, ruled in person, he pel-mined Governor
Ogle's law to stand; and as he went out of his way to placate
the opposition, and detached many of the leaders, including
Dulany, by giving- them places in the governmental system,
an epoch of good feeling existed for awhile." This was short-
lived, and soon new or old causes of strife again made rela-
tions between Proprietor and people somewhat strained. The
extension of the statutes, however, never again became the
subject of continued contention. If the Proprietor did not
withdraw his instructions to the Governor not to pass a bill
for general introduction of the statutes, the Lower House
did not repeal or withdraw their resolutions; and from time
to time declared that same statute was in force.33
What, then, was the outcome of this long and tiresome
controversy? At first sight—nothing! But for answer, let
us quote the opinion of the judicious McMahon, who looked
at this whole question with sympathetic and calm insight:
28 Ibid.
29 L. H. J, MS. 1732. July 22. Dulany heads the list of members
representing the Lower House.
30 L. H. J. MS., July 31, 1732. Act of 1732, ch. 5,
31
L, H. J. MS., July 22. 1732. Bacon, Laws of Md.. Act of 1732,
ch. s,
32 Economics and Politics, ch. ii.. end, and ch. iii,
33 Mereness. p. 211; L. H. J. Oct. 18. 1753.

 
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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 39   View pdf image (33K)
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