« AnteriorContinuar »
the members of the bar, and the audience at large any other ? Is it a public occasion or holiday, within will praise the judge's charge, and forget it, and the meaning of the title of this act ? We can hardly the grand jury will drink it in, and disregard it. believe that this provision about the last day of the The charge is just as much a dead-letter as the laws year is merely sentimental. It seems to us, morein question. It is requisite and proper and all that, over, that the most important day, so far as the liajust as going to church is, but it goes in at one ear bility of danger of fire is concerned, has been omitand out at the other. The judge is paid for saying ted, namely, the first of May, or “moving day," these things, among others, and does his duty, and when the streets are full of goods of an inflammathat is the end of it. The jury listen respectfully, ble character, and houses are open and exposed. but no one appears to present any such offenses, and Our Sunday law is notoriously a dead letter. No they are too busy or indifferent to hunt up cases of man may lawfully travel on Sunday, except in cases infraction, or call attention to those which have of charity or necessity, or in attending church within come to their knowledge.
twenty miles, and yet there is more pleasure-riding There is a law in this State against “profane on Sunday than on any other day of the week, and cursing and swearing." Few outside the legal ranks railroad trains are, on some routes, regularly run for are probably aware of it. Otherwise there might
public travel, and steambouts ply our great river possibly be less of this class of objurgation. The both for pleasure and business. No man may lawlaw is a very respectable one to have on the statute fully sell alcoholic liquors on Sunday, except to books. It will look well in history. But it is the lodgers in his inn, or to persons actually and lawmost hopelessly defunct and embalmed of all dead fully traveling, and yet there is more alcohol conletter laws -- a perfect mummy. Not even the large sumed on Sunday than on any other day, perhaps income which the State might derive from its en-than on all other days of the week. We never forcement seems to induce even an occasional airing | could understand this exception in favor of travof it. A dollar apiece for every profane oath! - elers. Is it because they are “dryer” than other what an El Dorado is enveloped in that idea! In people, and the law, in its charity, makes allowthe city of New York the public authorities might ance for this fact, or is it because the movement of speedily pay off the municipal debt by a rigid travel is presumed to work off the effect which enforcement of the law for a few weeks. Put the might be deleterious to one not traveling? No man police into the hotels, Wall street and the political may lawfully expose any wares or merchandise, exhead-quarters, and the thing would be done. Assum cept meats, milk and fish (not even fruit and herbs), ing that other States have similar laws, we doubt on Sunday, but this does not prevent the untimely not that the penalties for the swearing over the re- awakening of the citizen from his slumber on Sunday sult of the last Presidential election would have morning by the fiendish screaming of newsboys; an wiped out the national debt. Here then would abuse which the law quietly ignores, although it seem to be a panacea for all our monetary troubles forbids the proprietor of one of these newspapers of State and nation. Why then is not this law to recover compensation for an advertisement in its enforced ? Possibly because of the peculiar alterna columns. tive punishment adjudged in case of conviction and Our statutes enact that "it shall be the duty of all non-payment of the dollar, imprisonment for not | officers concerned in the administration of justice, less than one day nor more than three days “in a to attend at the place where they shall know, or be room separate from all other prisoners.” Lack of informed that any race is about to be run contrary apartments for convicted and impecunious swearers, to the provisions of law, and there give notice of and the possibility that many would elect to be the illegality thereof, and endeavor to prevent such boarded at the public expense for one, two or three race by dispersing the persons collected for the purdays, rather than part with the dollar, stand in the pose of attending the same," etc. It is our belief way of enforcing this law.
that if the sheriff ever attends on such occasions, it The law prohibits the discharge of guns, pistols, is to run a horse himself, or to bet on some other rockets, squibs, crackers, or other fire-works within man's horse. The same law absolutely prohibits all a quarter of a mile of any building, on Christmas horse-racing in the town of New Utrecht, in the day, the last day of December, New Year's day, county of Kings, and punishes the infraction by fine Washington's birthday, or the Fourth of July, under and imprisonment, and the forfeiture, by the owner, penalty of forfeiting five dollars for the poor. It of the value of the horse. Will some inhabitant of may occur to some that it would be more sensible to said town kindly step forward and explain why prohibit these indulgences on every day except those “this is thus ?" And at the same time will the specified, or, at least, to make the prohibition uni- said inhabitant inform us whether horse-racing is versal, but probably the law-makers knew best. We really unknown in the said town? wish, however, that somebody would explain to us. It is true that the legislature, in 1851, enacted an this peculiar tenderness for the last day of the year. | elaborate and stringent law for the suppression of Are edifices more apt to burn on that day than on gambling, but so far as we know it is a complete
dead-letter. Occasionally the police authorities in sonal or individual, and social or political. Social life our large cities make a descent on a gaming-place;
is essential to him, and society, as the school of his
race, is divinely ordained for his use. In social life occasionally, perhaps, one is broken up, but gaming |
man finds protection, and self-development (his indigoes on publicly and unrestrained. At the largest
vidual right and duty) in safety from external intruand most fashionable watering-place in the country, sion. is a magnificent temple dedicated to chance, pre Society combines all its members into an organio sided over by an ex-member of Congress, and fre
unity, and creates a social force, under whose protecquented by the wealthiest and most “respectable"
tion the individual may achieve his destiny, in obedi
ence to the law of God, and according to his conmen in the State, many of them present or past
science. This society, into which he comes with others legislators, including, likely enough, some of the
for mutual assurance, is what is named the nation, very persons who enacted the law in question. The people, State, Commonwealth, or body politio. Its sheriff of the county is bound by law to inform and powers are what we call sovereignty, including power prosecute, and is liable to a fine of $500 for not over persons and the eminent domain, or the power doing so; but he does not seem to know the law.
over the property of its members. The social force,
organized by society, we call government - the exIs it not notorious that pugilists train for prize
pression of that force, we call law – which the legislafights within the State, without let or hindrance
ture enacts, the judiciary applies to persous and propfrom the ministers of the law ? Are not cock-fights
erty, and the Executive enforces. common? But who ever heard of the instigators of The modus of the Greeks (a singular noun from tolus the warlike chanticleer languishing in durance vile, - many), the populus (same root), or civitas, or res visited with a fine. Yet the promoter of a cock
publica, of the Romans; the nation, State, body
politic, or Commonwealth of modern times, is that fight or a rat-fight may be imprisoned a year or fined
body of human beings, who are united in one common a thousand dollars.
society for internal peace and order, and for external It may be that some of these things are too trivial protection. This acoords with Cicero's definition: for the purview of the law. This is not for us to “Populus autem non omnis hominum coetus, quoquo pronounce. But would it not be better to be con modo congregatus, sed coetus multitudinis juris consensu sistent ? Either enforce such laws or repeal them.
et utilitatis communione sociatus." De Rep. Lib. 1, 25.
The vinculum juris is essential, and a community of There was a law, some years ago, against stock
benefits. Whatever authority, therefore, such society gambling, but it was found to be a dead-letter, and
may rightfully exercise over its members, is called the legislature repealed it, and now stock gambling sovereignty. is not only common but not illegal. This is the bet But society can only act upon its members through ter course. By adopting it, if we become wrong, its organio agency, government, to which it delegates we at least cease to render ourselves ridiculous,
certain powers out of the sum of its sovereignty, which powers, though sovereign powers, do not con
stitute the government, the sovereignty. THE RELATIONS OF THE UNITED STATES TO
The sovereignty, the original authority in society, is EACH OTHER, AS MODIFIED BY THE WAR
unimpaired by the delegation to the government of AND THE CONSTITUTIONAL AMENDMENTS.
powers, coupled with the trust duty to exercise them
according to the will of society, and for its benefit, and THE following paper was read by the Hon. J. Ran. that of its members. 1 dolph Tucker before the Social Science Association In the succeeding discussion, the words "civil body. at its recent convention in Saratoga:
politio” (taken from a celebrated paper hereafter This Association of Social Science has honored me cited), will be used, as the generic term for the “coetus by its invitation to discuss “The Relations of the hominum, sociatus juris consensu et utilitatis communiUnited States to each other, as modified by the War one," rather than the word nation or people, State or and the Constitutional Amendments.” This involves Commonwealth, because better defining the political a comparison of these relations before and after the body of citizens — the modis and the civis, diverse from war, and amendments.
the mandos Toditwy of Aristotle, or the mass of citizens, This social or political problem demands scientific or those who took part in the government. investigation, by the inductive method, into the facts It is not a mere conglomeration of men, but an asof our history, with the candor due to its importance, similation of men, under the bond of law, into one That history has five eras:
body, for the purposes of the social state, in which is 1. The Colonial era, or the protoplastic period, from vested the sovereignty over persons and things for the 1607 to September 5, 1774, when the first Continental
common good of all. Congress met.
Such a body may be nomadic, as the Hebrews in the 2. The Continental Congressional era, from Septem Wilderness, or stationary, as the States (Stare) of Euber 5, 1774, to March 1, 1781.
rope withiu fixed bounds. It may crystallize about the 3. The Confederation era, from March 1, 1781, to family nucleus, and hence be called a nation (nascoMarch 4, 1789.
natus), or be brought into one by external force, or by 4. The Constitutional era to 1861.
pre-contract, or by fortuity and acquiescence or after6. The Constitutional era since 1861.
consent, or by colonization of members from a parent
State. The genesis of every civil body-politio has one 1. THE COLONIAL ERA.
or other of these sources. But each and all involve A few preliminary observations will be needed. the comnion weal (Commonwealth), or the communion Man has two classes of rights and interests — per 1 of many for one social life.
Colonization is as old as the race. The instincts of The separateness of these colonial dependencies will human nature lead men to better their condition by | appear from many considerations. settling new countries with the overflowing population First. Take the first colony, Virginia. Named before of the older ones. Seeds of the old stock are thus its birth in Edmund Spenser's dedication of the Fairie borne to other lands, and the colony is the proto-plasm Queen to “Elizabeth, by the grace of God, Queen of of a new civil body-politic.
England, France, and Ireland, and Virginia," she setThe principles of British colonization, and the rela tled under her charter of April 10, 1606, on the Powtions of the colonies to the mother country, and inter hattan River, in May, 1607. Two colonies, by this and se may be gathered from the decisions of the British later charters, were authorized, not to be settled within courts.
one hundred miles of each other. No person was to There were three forms of colonization:
settle in either without the consent, in writing, of the 1. By conquest or cession from a Christian power. | council of the colony. 1 Hen. Stat. at Large, 57, etc. In these cases the prior laws prevailed until changed A later charter gave power to establish a government by the Crown of England. This was the case of New for Virginia, named a large number of corporators, York, ceded by Holland. Calvin's Case, 7 Coke, 17, b; | made them a corporation or body-politic, gave power Attorney-General v. Stewart, 2 Merivale, 158; Campbell to take out any other colonists it chose, to admit or v. Hall, 1 Cowper, 211.
expel members, and keep out intruders, etc. 1 Hen. 2. By conquest or cession from an infidel power. Stat. at Large, 91, etc., 98, eto. Here it was doubtful if any prior laws continued; In 1619 the first General Assembly met on the call of certainly none contrary to the law of God. Same cases; the Governor; and by ordinance July 24, 1621, a reguBlankhard v. Galdy, 2 Salk. 411; 4 Mod. 222; Anon., 2 lar government was constituted composed of a GovP. Wms. 75.
ernor, a Council, and the House of Burgesses, elected 3. Colonization of an unoccupied country, or vacated by the people. 1 Hen. Stat. at Large, 110. by the original people.
Thus was established the first embryo civil bodyThough in Smith v. Brown, 2 Salk. 666, Lord Holt politic in America, dependent upon, but distinct from thought otherwise, yet in other cases the better opiu the parent country, with a nucleus about which, by its ion has prevailed, that the American colonies come self-organism, it could aggregate the materials of popunder this form of colonization, and thus have been ulation, or exclude such, as it pleased. This was a held to have brought with them the English law in | fætal Commonwealth - the seedling of a new State. force at the time of their settlement. Same cases; Rex This was the Old Dominion. v. Vaughn, 4 Burr. 2500; Penn v. Lord Baltimore, 1 In 1623-4, the House of Burgesses, by law, asserted Ves., Sr., 444; Johnson v. McIntosh, 8 Wheat, 543; its exclusive power of taxation in the colony. 1 Hen. 1 Story's Com. on Const'n, S 152.
Stat. at Large, 124. This was the key-note of British Each colony brought the liberties and the laws of liberty - the prophetio announcement of the AmeriEngland, as the settlers enjoyed them on leaving the can Revolution. It was repeated with more emphasis fatherland. Each colony was a dependent dominion, in 1645-6. Id. 320. but distinct from, and no part of the parent country. In March, 1651, a treaty was made between the Par1 Blacks. Com., $ 4, p. 100; 1 Stephens' Com. 103-4. liament of the Commonwealth of England, and the
In consequence of this, each colony was a dominion, | Colony of Virginia, by which it was agreed that the distinct from and no part of any other, and though freedom of the colrisists was such as belong to the free each was dependent on Great Britain, it was inde people of England; that the Grand Assembly should pendent of every other. No colony took part in the transact the affairs of Virginia; that the people of British government, and a fortiori, exercised no in Virginia should have free trade to all nations, as the fluence upon the policy of the sister colonies.
people of England have; that no taxes of any kind be As to the power of the parent country, several opin imposed, nor forts be erected, nor garrisons maintained ions prevailed. In all it was conceded that the King in Virginia, but by the consent of the Assembly. 1 could not legislate for these American colonies.
Hen. Stat. at Large, 363, etc. Lord North and his adherents held that the Parlia During the period of the Commonwealth of England, ment could legislate in all cases whatever, and so de Virginia elected her own Governor, and on the death clared in 6 Geo. III, c. 12. Many others (Burke among of Richard Cromwell, her Assembly declared "the them), and many Americans conceded the power of supreme power of the government of this country legislation upon all subjects affecting the interests of shall be resident in the Assembly," and all writs should the British Empire and its general commerce, while issue in its name, "until such a command and commisothers denied all power of legislation whatever. sion come out of England as shall be by the Assembly
Looking to the supervision reserved in many of the adjudged lawful." Id. 526. charters, that colonial legislation should not be "con Thus Virginia asserted her supreme and independent trary to the laws and statutes of our realm of Eng- power, during the interregnum of regular government land;" to the general commercial regulations, ac in England, and acknowledged her conditional dependquiesced in by the colonies; to the practice of Parlia ence when it was restored. ment, since our independence, with respect to her Take now the most illustrious of the northern coloother colonies (1 Stephens' Com. 106; 18 Geo. III, c. nies. The Mayflower pilgrims on the 11th of Novem12, 1778), and the abolition of slavery in the colonies ber, 1620, signed a written compact, by which they unby the act of 3 and 4 Wm. 4th, c. 73, candor com dertook to plant the first colony in the northern parts pels the admission of some legislative power in of Virginia, and covenanted and combined themselves Parliament over the colonies. But justice demands, "into a civil body-politic, and to make laws for the that in 1877, we should repudiate with our forefathers | general good of the colony," etc. 1 Pitkin, 32-3. the right of taxation claimed by the Parliament in | In 1636 they declared against taxes, but “by consent the colonies, and that the sole power of taxation for of the body of associates, or their representatives each colony was in its own distinct colonial assembly. I legally assembled;" thus distinguishing between the people, as the civil body-politic, and their government that of each to Great Britain. 1 Jour. of Cong. 27-8-9. as the delegated agency. 1 Pitkin, 89.
They declare: In 1643, four northern colonies confederated under “That the inhabitants of the English Colonies in the name of “The United Colonies of New England.” North America, by the immutable laws of nature, the Id. 423.
principles of the English Constitution, and the several In 1722, Massachusetts enacted that no tax could be charters or compacts, have the following rights: imposed but by the consent of the governor, council "Resolved, N. C. D. 1, That they are entitled to life, and representatives of the people assembled in Gen
liberty and property; and they have never ceded to
any sovereign power whatever, a right to dispose of eral Court, and like action seems at some time to have | either without their consent. been taken by each colony. Id. 89, 90-1.
“Resolved, 4, That the foundation of English liberty, All the colonies were in like manner settled under
and of all free government, is a right in the people to
participate in their legislative council; and as the different charters and authorities, and with like exclu
English colonies are not represented, and from their sive rights of self-government. New York, once a local, and other circumstances, cannot properly bo colony of Holland, became an English colony, under
represented in the British Parliament, they are en
titled to a free and exclusive pouer of legislation in patents to the Duke of York in 1664 and 1674 by ces
their several provincial legislatures, where their right sion or conquest, under the treaty of Breda in 1667. of representation can alone be preserved, in all cases of
Second. The colonial distinctness is shown by the taration and internal polity, subject only to the negadiverse forms of their governments.
tive of their sovereign, in such manner as has been
heretofore used and accustomed; but, from the neces1. The provincial governments in New Hampshire,
sity of the case, and a regard to the mutual interest of New York, New Jersey, Virginia, North Carolina, both countries, we cheerfully consent to the operation South Carolina and Georgia.
of such acts of the British Parliament as are bona fide,
restrained to the regulation of our external commerce, 2. Proprietary or feudal governments for Maryland,
for the purpose of securing the commercial advantages Pennsylvania and Delaware.
of the whole empire to the mother country, and the 3. Charter governments for Massachusetts, Rhode commeroial benefits of its respective members, excludIsland and Connecticut.
ing every idea of taxation, internal or external, for
raising a revenue on the subjects in America, without The diversity of these may be seen. 1 Blacks. Com.
their conser 109; 1 Story on Cons'n, $ 159, eto.
"Resolved, N. 0. D. 5, That the respective colonies Third. The fundamental laws of each differed. Each
are entitled to the common law of England, and more
especially to the great and inestimable privilege of behad the English law existing at the date of its settle
ing tried by the peers of the vicinage, according to the ment. New York had, and perhaps still retains, Hol course of that law. landio institutions and laws, superseded or modified
“Resolved, N. C. D. 7, That these, his majesty's by the English government.
colonies, are likewise entitled to all the immunities
and privileges granted and confirmed to them by royal Then, each colony made its own statutory changes in
charters, or secured by their several codes of provincial the common law, as it was when the colony was set laws. tled.
“Resolved, N. C. D. 9, That the keeping a standing No Parliament, and a fortiori, no other colony could
Army in these colonies, in times of peace, without the
consent of the legislature of that colony in which such or did intrude its voice in the enactment of these
Army is kept, is against law. statutes of each colony.
“ All and each of which the aforesaid deputies, in beBesides, each colony had its own quarantine laws; half of themselves and their constituents, do claim, its rules of naturalization; its own suffrage qualifica
demand and insist on, as their indubitable rights and tions; its own coin, to counterfeit which was treason liberties; which cannot be legally taken from them, against the colony and his majesty ; emitted its own altered or abridged by any power whatever, without bills of credit; levied troops; imposed duties on im their own consent, by their representatives in their sevports from other colonies; established its own light eral provincial legislatures." houses; laid duties on slaves and other articles deemed Eighth. Conclusive authority upon this point is not injurious from other colonies, thus regulating com wanting. merce; and made treaties and formed confederacies Grotius says: “When a people, by one consent, go with the other colonies.
to form colonies, it is the original of a new and indeFourth. In 1695 the British government proposed a | pendent people, for they are not sent out to be slaves, plan of Union for general defense, and for a general but to enjoy equal privileges and freedom.” De Jure “Congress” – the first use of the word in our history. belli et pacis — Lib. 2, c. 9, § 10. The several colonies rejected it. 1 Pitkin, 141-2; 2 In a letter supposed to be Edmund Burke's, dated Burk's Hist. of Va. 322.
May 19, 1774, he says, speaking of the colonies, the Fifth. In 1754, Dr. Franklin suggested “a plan of crown, “by most solemn compacts, did form them proposed Union between the several colonies of Massa into separate civil States, with all the powers of distinct chusetts," etc. (all being named), and in which Par | legislation and government." * * * * liament was asked to form one general government in that it was manifestly the royal intention "to form America. Commissioners from seven colonies adopted those colonies into distinct States * * * dependent the suggestion, but the several oolonies rejected it. 1 on the crown, but not on the Parliament of England." Pitkin, 142, etc., 429.
Their history “fully demonstrates that they were Sixth. In 1765, a Congress of Commissioners from really and intentionally oreated distinct States, and expine colonies, convened on the suggestion of Massa empted from the authority of Parliament, and nothchusette, for a meeting of the “committees from the ing but an act of Union, made with their own consent, legislatures of the several colonies." It resolved against can annex them to the realm, or subject them to its taxation of the colonies, “but by their respective leg- | legislature." Amer, Arch. (4th series, vol. 1), 337. islatures." Id. 442, 446.
Judge Story says: “The colonial legislatures, with Seventh. But the declaration of the first Continental the restrictions necessarily arising from their dependCongress, October 14, 1774, is the most comprehensive | ency on Great Britain, were sovereign within the statement of the inter-colonial relation, as well as limits of their respective territories: * * * all the
colonies considered themselves, not as parcel of the For I find in 1779, Virginia defined citizenship, and realm of Great Britain, but as dependencies of the gave “to the free inhabitants of every of the States, British crown, and owing allegiance thereto, the King parties to the Americau Confederation, paupers, vagabeing their supreme and sovereign lord." 1 Story on bonds and fugitives from justice exceptod," all rights Const., $$ 171, 175. And again, $ 177, he says: “Though | of citizens within this Commonwealth. 10 Hen. Stat. the colonies had a common origin, and owed a common at Large, 129, 130. The privilege, as well as the excepallegiance, and the inhabitants of each were British tion, proves that the oneness of the colonies deduced subjects, they had no direct political connection with by these eminent jurists from the freedom of inhabiteach other. Each was independent of all the others; | anoy and inheritance, grew only out of the common each, in a limited sense, was sovereign within its own allegiance which, when broken, left the colonies and territory. There was neither alliance nor confederacy the people of each, separate and distinct. But whether between them. The assembly of one province could a previous right to inherit land was taken away by the not make laws for another. They were known only as Beverance of colonial allegiance may be doubted, in dependencies," eto.
view of certain diota in Calvin's Case, 7 Coke, 20 b, and Judge Curtis (Hist. of C. U. S., p. 7, 8), says: “The of the cases in respect to the ante-nati in England and colonies had no direct political connection with each America. Doe v. Acklam, 9 E. C. L. R. 779; R. v. other before the Revolution commenced, but each was Sevva, 61 id. 53; Blythe v. Rochester, 7 Wheat. 535; a distinct community, with its own separate political | Inglis v. Trustees, 3 Peters, 99; McIlvaine v. Coxe, 4 organization, and without any power of legislation for Cr. 34. any but its own inhabitants," etc.
But upon this point the provisions of the subsequent Both Story and Curtis state these doctrines, with articles of confederation ($ 4), and of the Coustitution this qualification:
(art. 4, & 2), securing citizen rights to the people of the “But although the colonies were independent of several States in every other, would seem to conclude each other in respect to their domestic concerns, they | the question agaiust the views of Judges Story aud were not wholly alien to each other. On the contrary, Curtis. they were fellow-subjects, and for many purposes one But the whole difficulty is in the meaning of the people. Every colonist had a right to inbabit, if he
words “one people," as used by Justice Story. If he pleased, in any other colony, and as a British subject
means one people, in the sense that all were Britons — he was capable of inheriting lands by descent in every
that all were uuder one King, etc. - there is no controother colony." 1 Story on Const., $ 178; 1 Curtis'
versy. But the question we are discussing is, what Hist. C. U. S. 9.
political relation did they hold to each other? Were This passage is justly subject to criticism. For it is
they one civil body-politici It is conceded neither had not pretended that the law of inheritance was fixed
any authority over or within any other; that neither by any other authority than that of each colonial leg
was a part of the mother country, and was, therefore, islature for its own lands. A Briton may now inherit
no part of any other. Non-alienago of the inhabitants land in Virginia (act 1867), but he inherits by Virginia
of one in every other has been explained. Where law, and his power to do so, does not make Britons and
then was there a shadow of political unity? Virginians one people. The right to inherit land de
In fact, as each was sovereigu (by Judge Story's conpends on the lex loci rei sitae, and heirship must be
cession), except as the crown or Parliament held sutraced by that law. Thus a Scotchman, though no
premacy over each, the overthrow of their supremacy alien in England (since Scotland and England are now
left the colony with absolute sovereignty. Its colonial one kingdom), cannot inherit land of his father in
sovereignty was conditioned upon its dependency to England, though legitimate by Scotch law, if illegiti
Great Britain. Independency of Great Britain demate by Euglish law. Birth-Whistle v. Vardill, 7
termined the condition, and left its sovereiguty absoClarke & Finnally, 8:25.
lute. The capacity to inherit or hold land in a colony, was due to the tie of allegiance. Iu Calvin's Case, 7 Coke,
Each colony, by a separate ligament, was bound to therefore, when Scotland and England were two sepa
Great Britain as a dependency. That distinct ligarate kingdoms, under James I of England, who was
ment being severed, each fell from the parent stem, a James VI of Scotland, and had no political ligament
separate Commonwealth independent of the mother but the common crown, and whose peoples were not
country, as of every other. The acorns hanging from one people, it was held that Calvin, a Scot, could hold
an English oak have several ties to the sturdy tree, but land in England by virtue of his allegiance to the
falling to the earth, each is the germ, the proto-plası person of the King of both countries.
of a new and distinct life, each independent of its So that the test applied by these eminent jurists to
parent, as of every other. There is a moral brotherestablish that the colonies were in this sense one peo
hood and sympathy between children of a common ple, fails utterly. It is uo test at all. It depends on
mother. But each bas his distinct faculties, bis own a fact, having no relation to the oneness of the people
will, his separate and independent life, free from the of the colouies. In the one case above cited, inheri
control or legal influence of his brethren. tance did not follow from the oneness of a people, and
While, therefore, conceding in full force the affiniyet in the other it resulted, because of the common tie
ties and sympathies betweeu the colonies, the philoof allegiance when there is no oneness.
sophic historian must deny all political bonds between But subsequent history settles the question. If them, and maintaiu their absolute political independduring the colonial dependency, a citizen of one colony
ence as civil bodies- politio. could inhabit in another, with all the rights of its own This point has been more dwelt upon, because a citizens, by virtue of being a British subject (which primordial unity between the colonies, being assumed the terms of the original charter do not justify us in or conceded, has led to radical errors iu the subsequent believing), it grew out of the common ligament of the history of the colonies, emerging into their condition crown — the allegiance of all to a common sovereign. | as States.