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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 46   View pdf image (33K)
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46 The English Statutes in Maryland. [510
side and contrary to the resolution of the Judges in that very case,
viz, that Jamaica was not bound by our laws unless particularly
mentioned therein, but by their own particular laws and customs."
The charter of Maryland made full provision for legislation, and
the inhabitants " will find it, I believe, your Happiness, if the
Statutes of England, not expressly located thither, are not in the
gross in force among you."
These two lines of argument were in answer to those sub-
mitted by Dulany and his followers. Now, a third is initiated
by the Proprietor, with an evident idea of special impressive-
ness.
'' I cannot but observe to you, at this .time, what his most
gracious Majesty has been pleas'd to do, in relation to the Eng-
lish Statutes taking place in the Plantations, in a particular case of
Jamaica, where an act was lately made, instituted an Act for mak-
ing his Majesty's Revenue Perpetual, and augmenting the same,
and continuing and declaring what Laws are in Force in this
Island." This act was disallowed by the King and Council on the
advice of the Commissioner of the Treasury and the Commissioner
of Trade, and Plantations and the Attorney and Solicitor-General
'' for that the said Act might possibly introduce the whole body of
the English Saws to become laws of Jamaica, in cases not par-
ticularly provided for by laws of their own, which in many cases
were by no means competent, but might be a great mischief, and
be attended with many inconveniences, both to his Majesty's gov-
ernment in that island and to the estates and commerce of his
Majesty's subjects there."7
The Maryland resolutions are therefore in error. At the
time of this decision it was recommended to His Majesty to
allow the Jamaicans to enact de novo the particular statutes
suitable to them. The same privilege, the Proprietor declared,
he offered to the inhabitants of Maryland."
Thus far. the Proprietor might be said to have the best of
it. He had adduced high legal authority in favor of his posi-
tion : he had cited examples to disprove the colonial argument;
and he had quoted a recent case which represented a legal
parallel to the situation in Maryland.
He was dealing however, with one whose reputation for
legal ability was not unfounded. In reply to Baltimore's
letter, the Committee of Laws prepared for the Lower House
7 This one of the many attempts by the. Jamaicans failed: but in
1728 they were successful to some degree. See above, chapter ii.
8 Above, p. 36.

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 46   View pdf image (33K)
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