Lectures on Constitutional Law: For the Use of the Law Class at the University of Virginia (Classic Reprint) - Couverture souple

Henry St. George Tucker

Couverture souple

ISBN 10 : 1330688945 ISBN 13 : 9781330688946

Editeur : Forgotten Books, 2018

Synopsis

Excerpt from Lectures on Constitutional Law: For the Use of the Law Class at the University of Virginia

Having presented to you, young gentlemen, in some former lectures, my views of the character and principles of the several forms of government, and particularly of the representative and confederate, we will now proceed to a more accurate examination of our own political system, which has been professedly constructed upon the combined principles of popular representation and an union of sovereign and independent states. I confidently believe that these enquiries will result in the conviction that whilst we have adopted a system without a prototype, we shall, nevertheless, find it eminently calculated to protect us from foreign aggression, and to secure the rights of life, liberty and property to every citizen of those free and happy republics.

Before we proceed however with our task, it may not be improper to recall to your recollections certain points of our national history with which you are doubtless familiar, but which bear too materially upon our subject to be passed at least without a reference.

The people of the United States, as you all are aware, are composed of the descendants of those subjects of the British crown, who, from various motives, left within the two last centuries their native isles and settled themselves upon this wild and desert continent. It is a principle of British law that if an uninhabited country is discovered and planted by British subjects.

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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

Détails de l'édition

• Éditeur: Forgotten Books
• Date d'édition: 2018
• Langue: anglais
• ISBN 10: 1330688945
• ISBN 13: 9781330688946
• Reliure: Broché
• Nombre de pages: 246
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