aw of God, as in the case of an infidel country[d].
[Footnote b: Salk. 411. 666.]
[Footnote c: 2 P. Wms. 75.]
[Footnote d: 7 Rep. 17 _b._ Calvin's case. Show. Parl. C. 31.]
OUR American plantations are principally of this latter sort, being
obtained in the last century either by right of conquest and driving
out the natives (with what natural justice I shall not at present
enquire) or by treaties. And therefore the common law of England, as
such, has no allowance or authority there; they being no part of the
mother country, but distinct (though dependent) dominions. They are
subject however to the control of the parliament; though (like
Ireland, Man, and the rest) not bound by any acts of parliament,
unless particularly named. The form of government in most of them is
borrowed from that of England. They have a governor named by the king,
(or in some proprietary colonies by the proprietor) who is his
representative or deputy. They have courts of justice of their own,
from whose decisions an appeal lies to the king in council here in
England. Their general assemblies which are their house of commons,
together with their council of state being their upper house, with the
concurrence of the king or his representative the governor, make laws
suited to their own emergencies. But it is particularly declared by
statute 7 & 8 W. III. c. 22. That all laws, by-laws, usages, and
customs, which shall be in practice in any of the plantations,
repugnant to any law, made or to be made in this kingdom relative to
the said plantations, shall be utterly void and of none effect.
THESE are the several parts of the dominions of the crown of Great
Britain, in which the municipal laws of England are not of force or
authority, merely _as_ the municipal laws of England. Most of them
have probably copied the spirit of their own law from this original;
but then it receives it's obligation, and authoritative force, from
being the law of the country.
AS to any foreign dominions which may belong to the person of the king
by hereditary descent, by purchase, or other acquisition, as the
territory of Hanover, and his majesty's other property in Germany; as
these do not in any wise appertain to the crown of these kingdoms,
they are entirely unconnected with the laws of England, and do not
communicate with this nation in any respect whatsoever. The English
legislature had wisely remarked the inconveniences that had formerly
resulted from domi
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