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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 45   View pdf image (33K)
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509] The English Statutes in Maryland. 15
tion.' Thus we come to the session of 1725, and to the man-
ifesto sent by the Proprietor through the medium of the
Governor. Now, the Proprietor made no such curt and dog-
matic denial of his opponents' position, as he had done in I723-
Instead, his statement was long, carefully prepared, and argu-
mentative in tone. He disclaimed any intention to deny that
the Marylanders were " His Majesty's subjects " or to assert
that their Province was a conquered country. Pointing out
the antiquity of the question at issue, and the failure of the
Assembly to settle it in the past. he returned to the basis of
authority and the adverse opinions of the best lawyers in
England.
Moreover, he cited certain Acts which logically came under
the. claims of the colonists, but which were known not to
extend to the colonies. The first adduced is the Habeas
Corpus Act. This has " often been adjudged by all the judges
not to extend either to Ireland or the plantations, which is as
strong a case as can be mentioned, as it is in favor of liberty
and the terms of the Act as general as can be."
Along with the Habeas Corpus Act the Proprietor men-
tions the Statute of 5th Elizabeth " about servants."—which,
if extended to the plantations. " would he destructive to the
very being and constitution of them "—the Statute of Usury,
and that to prevent frauds and penuries,' and many others
which have been expressly and often held not to extend to the
plantations, when doubted, either by the courts of law, or
before the King and Council, and yet these are general laws
of equal obligation with any other law or statute whatever.
From the presentation of Acts which refuted the assertion
of the country party, the Proprietor turned to their argument
from Blankard v. Galdy. He
" little thought to find a position introduced with that solemnity
to be only the saying of a single counsel, on one side of the ques-
tion, in opposition to the averment of the counsel on the other
5 Above, pp. 34-5.
"The argument from these acts seems to be taken from Blankard
v. Galdy. as reported in 4 Modern, 222-3,.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 45   View pdf image (33K)
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