Parliamentary Legislation and the American Colonies

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University of Wisconsin--Madison, 1923 - 196 pages
 

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Page 10 - ... the people of this Commonwealth, or the plantations thereof, as the proprietors or right owners thereof: And whereof the master and mariners are also, for the most part of them, of the people of this Commonwealth...
Page 7 - What shall be admitted, and what rejected, at what times, and under what restrictions, must, in case of dispute, be decided, in the first instance, by their own provincial judicature, subject to the revision and control of the king in council...
Page 7 - The artificial refinements and distinctions incident to the property of a great and commercial people, the laws of police and revenue, (such especially as are enforced by penalties,) the mode of maintenance for the established clergy, the jurisdiction of spiritual courts, and a multitude of other provisions, are neither necessary nor convenient for them, and therefore are not in force.
Page 79 - Resistance to your acts was necessary as it was just; and your vain declarations of the omnipotence of parliament, and your imperious doctrines of the necessity of submission, will be .found equally impotent to convince, or to enslave your fellow-subjects in America, who feel that tyranny, whether ambitioned by an individual part of the legislature or the bodies who compose it, is equally intolerable to British subjects...
Page 7 - 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.
Page 7 - But in conquered or ceded countries, that have already laws of their own, the king may indeed alter and change those laws; but till he does actually change them, the ancient laws of the country remain, unless such as are against the law of God, as in the case of an infidel country.
Page 4 - The common law of England is the common law of the plantations, and all statutes IN AFFIRMANCE OF THE COMMON LAW, passed in England antecedent to the settlement of...
Page 5 - Province in particular are not in force there, unless they have been introduced and declared to be Laws by some Acts of Assembly of the Province, or have been received there by a long uninterrupted usage or practice which may impart a tacit consent of the Lord Proprietary and of the people of the colony that they should have the force of a law there.
Page 6 - But this must be understood with very many and very great restrictions. Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony...
Page 98 - Summary | Observations and Facts | collected | from Late and Authentic Accounts | of | Russian and other Navigators, | to show | The Practicability and good Prospect of Success | in enterprises to discover | A Northern Passage | for vessels by sea, | between | The Atlantic and Pacific Oceans...

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