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THOMAS SIM LEE, Esq. Governor.
calamities of war; but such lenity and forbearance, instead of meeting
with a
proper return, have been falsely imputed to pusillanimity and a dread of
retaliation,
and seem rather to have encouraged the enemy to acts of violence and cruelty:
And whereas the trustees of this state have lately, on the advice of the
officers
of the crown of Great-Britain, refused to pay the money belonging to this
state
in the bank of England: And whereas, in defiance of public faith,
and in breach
of the capitulation of Charles-town, the British officer commanding in
that department,
under frivolous pretences, has imprisoned the persons of several respectable
citizens of that state, and confiscated their property; and from the general
conduct of the enemy it may justly be inferred, that their hatred and cruelty
is not to be softened or restrained by any respect to the usages of war,
the obligations
of compacts, or the rights of humanity: And whereas, by the declaration
of independence, all political connexion between Great-Britain and these
states was dissolved, and the subjects of Great-Britain declared enemies
in war,
and in peace friends; and by the law of nations the subjects of Great-Britain,
in
their separate and collective capacity, are answerable, not only for all
expences
incurred by this state in consequence of the war, but for any injury or
damage
sustained by any of the subjects of this state since the commencement thereof,
and
their property, wherever found, is subject to seizure and confiscation:
Wherefore, |
1780.
CHAP.
XLV. |
II. Be it enacted,
by the general assembly of Maryland, and
it is hereby enacted
and declared, That all property within this state, debts only excepted,
belonging
to British subjects, shall be seized, and is hereby confiscated to the
use of this
state. |
British property
to be
seized, &c. |
III. And,
to ascertain what persons shall be deemed and adjudged British subjects
within the intention of this act, Be it enacted,
That every person born
within the dominions or allegiance of the crown of Great-Britain, and every
person
made a subject of that nation agreeable to its laws, shall be, and he is
hereby
declared and adjudged to be, a British subject within this act, unless
he hath, by
some subsequent act, divested himself of that relation, by adhering to
us and our
cause, as by entering into the service or employment of the United States,
or any
of them, joining in the formation of our government, taking the oath of
allegiance
to it, withdrawing himself from the British dominions for his attachment
to
the United States, or by doing some similar open act, or by giving his
implied
assent, be remaining within this or some other of the United States, and
receiving
the protection and benefit of their government and laws. |
What persons
are British
subjects, &c. |
IV. And,
whereas divers persons, formerly inhabitants of this state, have left
the same, some to avoid giving their attendance to this state, and others
on their
private business, and have not again returned; and all such persons would
be adjudged
British subjects under the preceding part of this act: It
is hereby provided
and enacted, That if any such person, who since the thirtieth day
of April,
seventeen hundred and seventy-five, left this state, and went to Great-Britain,
or
any part of the British dominions, and hath not returned to this state,
and if any
person born within this state (who before the said thirtieth day of April
was in
Great-Britain, or any part of the British dominions, and hath since resided
there)
unless he hath or shall avow himself a subject of Great-Britain, or freely
join the
British army or navy, or willingly accept protection from any commissioner,
or
officer of Great-Britain, or hold, accept or receive, any office of trust
or profit,
or any pension, gratuity or reward, from the crown, parliament or ministry,
of
Great-Britain, or by any other similar voluntary overt act elect himself
to be a
subject of his Britannic majesty, (if he shall return into this state before
the first
day of March, seventeen hundred and eighty-two, and within one month thereafter
take and subscribe the oath or affirmation of fidelity and support to this
state,
prescribed by the act to punish certain crimes and misdemeanors, and to
prevent
the growth of toryism) shall not be considered a British subject within
the intent
of this act; and in case any person who hath left this state with leave
of any
committee of observation, or the council of safety, and gone to Great-Britain,
or
any of the dominions of the crown thereof, shall be disabled by age or
infirmity |
Proviso. |
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