FREE BOOKS

Author's List




PREV.   NEXT  
|<   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117  
118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   >>   >|  
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
PREV.   NEXT  
|<   93   94   95   96   97   98   99   100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117  
118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   142   >>   >|  



Top keywords:

England

 

dominions

 

plantations

 

country

 

Footnote

 

authority

 

municipal

 

representative

 

council

 

governor


parliament

 

justice

 
property
 

appertain

 

customs

 
usages
 

kingdom

 

practice

 

Germany

 
repugnant

English

 

legislature

 

emergencies

 

respect

 
suited
 

resulted

 

concurrence

 
nation
 

declared

 

kingdoms


unconnected

 

communicate

 
statute
 

relative

 

copied

 

belong

 

person

 
remarked
 
spirit
 

obligation


authoritative

 

foreign

 

receives

 

original

 

hereditary

 

whatsoever

 

effect

 
utterly
 

territory

 

Hanover