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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 47   View pdf image (33K)
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511] The English Statutes in Maryland. 47
another address, brought in October 8th, 1725. After polite
introductory remarks, this address repeated what was appa-
rently the battle-cry of the country party, that Maryland was
settled by occupation and not by conquest—and then started
in for rebuttal,
First, the Proprietor was told that the Assembly was
aware of the adverse opinions of lawyers with respect to the
other plantations, but knew of no controversy in this except
this with His Lordship.
Secondly, the Habeas Corpus, the Statute of Laborers, and
the Statute of Frauds and Perjuries are taken up, and the
arguments of the Proprietor are met in a manner skillful if
not convincing. This point is of the more interest, as the
Habeas Corpus Act was that, of all others, over which the
colonies generally expressed interest. The result was the
strong assertion that the Act did not extend to the plantations :
and in Virginia we find this theory put into practice, when
the Act is definitely extended to a particular colony bv the
somewhat doubtful method of a royal instruction. It is with
some interest, therefore, that we turn to Dulany's handling of
this matter.
The Habeas Corpus Act, the Proprietor had said. was a
general Act. and yet did not extend to the plantations. On
the contrary, says Dulany, it has as express words of local
limitation as any statute—especially in the eleventh and
twelfth paragraphs. The damaging authority of this law thus
weakened. Dulany proceeds to avoid the admission that Mary-
land does not enjoy its privileges. They do claim this statute.
for it gives privileges to Englishmen, and the charter expressly
grants them all the liberties, franchises, and privileges of
Englishmen, with a general non obstante. This statute was
put in practice here while the Crown governed, and is. by a
common-law construction, easily reconcilable here. This is
argued at length, then it is once more urged that the fact
that the Act does not extend to other plantations must not
argue against its extension to Maryland, unless the other

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 47   View pdf image (33K)
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