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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 52   View pdf image (33K)
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52 The English Statutes in Maryland. [516
not having been banished from their mother country, not hav-
ing abjured it, having on the contrary benefited it commer-
cially, and never having swerved from their allegiance, they
are still English citizens. This, the crucial thesis of Dulany's
argument, is supported by significant citations from Puffen-
dorf's Law of Nature and of Nations, Grotius On the Rights
of War and Peace, Coke, and the Acts of the Apostles. In
the latter case, the fact of St. Paul's appeal to Caesar on the
basis of his Roman citizenship, leads to the deduction that the
Province of Maryland is as much a part of the British domin-
ions as Tarsus was part of the Roman Empire. If anything,
the claim of the Marylander is stronger, for his ancestors were
English, while those of St. Paul were not Roman.
Then follows a citation from John Locke's Second Essay on
Civil Government. The passage selected treats of equality,
and is used to argue therefrom the equal right of all the sub-
jects of the English King to the protection and laws which
their allegiance justifies.
Next comes an attempt to show that the statutes are an
essential part of this inheritance. For statutes are the only
means of remedy against invasions of the Common Law
Rights of citizens. Now. right and remedy are inseparable.
As was said in the case of the Aylesbury Men. want of Right
and want of Remedy are termini convertibles.
The great bulwarks of English liberty have been erected as
statutes. Witness Magna Charta; the various establishments
of civil liberty under the Edwards ; the Petition of Right, with
its reference to ancient statutes; the Acts of the Long Parlia-
ment, especially that for the dissolution of the Star Chamber,
the Habeas Corpus Act. the Act for settling the succession of
the Crown—all were statutes, and surely all English citizens
have as much a right to these as to the benefits of the common
law. In Maryland, also, are they needed to an equal degree
and equally prized.
The argument contra, from the adverse decisions of the
courts with reference to Ireland, or the English territories in

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Sioussat's The English Statutes in Maryland, 1903
Volume 195, Page 52   View pdf image (33K)
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