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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 44   View pdf image (33K)
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44 The English Statutes in Maryland. [508
based on the authority of the courts, which flatly denies the
popular assertion.; Thus the argument begins with these
expositions of the respective parties.
Then follows the report of the special committee to exam-
ine the records, which tells the Assembly that precedents in
favor of their view abound. They quote the royal charter,
though here they rather miss the point; the Acts of Assem-
bly, commissions and instructions to officers —s. constant
source of argument throughout the rest of the controversy—
and judicial proceedings.3 Following this report, the Lower
.House adopt their first address to the Proprietor.' To this a
few more words may be devoted.
With reference to the Act of Limitation, the country party
seemed to lie lacking in precedents; they argue back, there-
fore. lo the general thesis that it must extend because it is
not limited. In support of this general proposition, we find
the first citation, a' least in this dispute, of the case of Blan-
kard vs. Galdy. in which connection the writer of the address
hastens to point out that Maryland's claim to English laws is
belter than that of Jamaica, for Maryland is not a conquered
country. Then the address brings forward an argument with
which we shall become familiar. If English statutes do not
extend to the colonies except by express wording to that
effect, how can Magna Charta or other statutes which protect
the rights of the subject, passed before the grant of the Mary-
land charter, extend thither? This is used as a reductio ad
absurdum. Finally, in answer to the Proprietor's advice to
enact de novo the statutes that they want, they urge the great
practical difficulty and expense in such a plan. The address
closes with professions of loyalty to the Proprietor and to
the Crown.
The report of the Committee of Grievances, in 1724, may be
passed over. for it was chiefly historical, reviewing past com-
missions and claiming that present ones were faulty in dic-
2 Above, p. 33.
3 Above, p. 34.
4 Ibid.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 44   View pdf image (33K)
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