An Essay On Judicial Power And Unconstitutional Legislation, Being a Commentary On Parts of the Constitution of the United States

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For a considerable number of years the government of the colony was taken into the king's hands and out of those of the lord proprietor. During those years a different system must have been applied. As in other colonies immediately under the government of the king transmission must have been required.* The colony of the Lower Counties upon Delaware was not required to transmit the laws enacted by its legislature.
This assertion is based upon the fact that no evidence has been found showing that
... any act of that legislature was ever transmitted to the king in council and upon the great *See Bacon's Laws of Maryland for the acts of 1692, June 9th, cap. 17 ; 1696, July 9th, cap. 18 ; 1706, April 19th, cap. 14 ; 1707, April 15th, cap. 16, and 1708, December 17th, cap. 3. These acts were transmitted to, and disal- lowed by, the king in council. They were enacted in the name of the king.
Normally, in Maryland, the laws were enacted and the writs ran in the name of the lord proprietor.
206 HISTORICAL COMMENTARY.


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