"Colony,"—or "Free State"? "Dependence,"—or "Just Connection"? - An Essay Based on the Political Philosophy of the American - Revolution, as Summarized in the Declaration of - Independence, towards the Ascertainment of the Nature of - the Political Relati by Alpheus H. Snow
page 34 of 86 (39%)
page 34 of 86 (39%)
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They considered, as I interpret their language, that the connection
between the American Colonies, as free states, and the free and independent State of Great Britain had existed and of right ought to have existed under the law of nature and of nations, interpreted in so broad a sense that it may perhaps be called the American system of the law of nature and of nations. They accordingly claimed, as I understand them, that Great Britain, as a free and independent state, had power, as Justiciar over the American free states for the common purposes of the whole connection, to finally decide, in a judicial manner, according to the principles of the law of nature and of nations, upon all questions arising out of the connection between them; and that each of the American free states had power, through its legislature, to legislate according to the just public sentiment in each, concerning its purely local matters, and had the right to have its local legislation executed by its executive, and interpreted and applied in private cases by its courts. Some of the Americans, and those the most patriotic and conservative, thought that Great Britain had jurisdiction to ascertain and execute the law of nations for the common purposes, and in the exercise of that jurisdiction to control, by its decrees and regulations, the action of individuals in the Colonies. This was to regard Great Britain and America as consolidated for the common purposes so as to form what may be called a Justiciary Union. They were content, so long as Great Britain acted on the theory that she was the Justiciar of the British-American Union for the common purposes, and maintained a competent tribunal for determining what were common and what local purposes according to the principles of the law of nature and of nations, that she should finally determine the limits of her own jurisdiction as the Justiciar State of the Union. While I do not mean |
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