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The Unconstitutionality of Slavery
Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1860. Excerpt: ... CHAPTER III. THE COLONIAL CHARTERS. When our ancestors came to this country, they Drought with them the common law of England, including the writ of habeas corpus, (the...
Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1860. Excerpt: ... CHAPTER III. THE COLONIAL CHARTERS. When our ancestors came to this country, they Drought with them the common law of England, including the writ of habeas corpus, (the essential principle of which, as will hereafter be shown, is to deny the right of property in man,) the trial by jury, and the other great principles of liberty, which prevail in England, and which have made it impossible that her soil should be trod by the foot of a slave. These principles were incorporated into all the charters, granted to the colonies, (if all those charters were like those I have examined, and I have examined nearly all of them.)--The general provisions of those charters, as will be seen from the extracts given in the note, were, that the laws of the colonies should "not be repugnant or contrary, but, as nearly as circumstances would allow, conformable to the laws, statutes and rights of our kingdom of England."* * The second charter to Virginia (1609) grants the power of making "orders, ordinances, constitutions, directions and instructions," "so always as the said statutes, ordinances and proceedings, as near as conveniently may lie, be agreeable to the laws, statutes, government and policy of this our realm of England." The third charter(1611 -- 12) gave to the "General Court" "power and authority" to " make laws and ordinances" "so always as the same be not contrary tc the laws and statutes of our realm of England." The first charter to Carolina, (including both North nnd South Carolina,) dated 1663, authorized the making of laws under this provio -- " Provided nevertheless, (hat the said laws be consonant to reason, and ns near as mny be conveniently, agreeable to the laws and customs of this our kingdom of England." The second charter (1666) has this proviso. "Provided nevertheless, t...
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