Articles liés à Lectures on Constitutional Law: For the Use of the...
Lectures on Constitutional Law: For the Use of the Law Class at the University of Virginia - Couverture souple
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Synopsis
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Présentation de l'éditeur
The proposition however must be considered as limited by their applicability and their consistency with the local and political circumstances in which the colonists are placed; and, moreover, by those changes which, in the lapse of time may be made by that power which exercises the legislative authority over them. Such seems, indeed, to be the natural course of things, though the notion has been derided by some of our most distinguished men.(b) It could not well have been otherwise. If we imagine a body of emigrants settling in an uninhabited country, we must suppose them to be under the government of some laws. Bodies of men cannot subsist without them. And if they must have some, what so natural as their recognition, even without adoption, of that system under which they were born, and to which they have been accustomed? Under such circumstances, the laws of the fatherland, so far as they might be applicable, would be looked to as the rule of civil conduct, commanding what is right and prohibiting what is wrong. This would be the natural course of things, if the bond which united the emigrants to the land of their birth was severed forever It would have been the case with our forefathers, if, when they left the British shores, they could have fled beyond the reach of the keen eye and powerful arm of the monarch who claimed them as his subjects. But this was not their case. They might have exclaimed in the language of the Psalmist, If I take the wings of the morning and dwell in the uttermost parts of the sea, even there shall thy hand lead me and thy right hand shall hold me. This indeed was eminently the case with the British subject. Leashed to the footstool of the British crown, no time nor distance could dissolve the tie. The law of allegiance bound him wherever he might go, and he dragged at each remove a lengthening chain. It was the principle of t
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