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Strona 163 - Commentaries, remarks, that this law of Nature being coeval with mankind and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries, and at all times; no human laws are of any validity if contrary to this, and such of them as are valid derive all their force and all their validity and all their authority, mediately and immediately, from this original...
Strona 164 - And this spirit of liberty is so deeply implanted in our constitution, and rooted even in our very soil, that a slave or a negro, the moment he lands in England, falls under the protection of the laws, and so far becomes a freeman (g) ; though the master's right to his service may possibly still continue (6), (7).
Strona 3 - And, at the meeting of the Australasian Association for the Advancement of Science, held last January in Sydney, NSW, Dr.
Strona 161 - Temple speaks, a sort of people in a condition of downright servitude, used and employed in the most servile works, and belonging, both they, their children, and effects, to the lord of the soil, like the rest of the cattle or stock upon it.
Strona 179 - 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; such, for instance, as the general rules of inheritance and of protection from personal injuries.
Strona 164 - Political therefore, or civil liberty, which is that of a member of society, is no other than natural liberty so far restrained by human laws, and no farther, as is necessary and expedient for the general advantage of the public.
Strona 171 - It is so odious, that nothing can be suffered to support it, but positive law. Whatever inconveniences, therefore, may follow from the decision, I cannot say this case is allowed or approved by the law of England ; and therefore the black must be discharged.
Strona 179 - WHEN a custom is actually proved to exist, the next inquiry is into the legality of it ; for, if it is not a good custom, it ought to be no longer used; " Malus usus abolendus est" is an established maxim of the law h.
Strona 171 - The only question before us is, whether the cause on the return is sufficient ? If it is, the negro must be remanded ; if it is not, he must be discharged. Accordingly the return states that the slave departed and refused to serve ; whereupon he was kept, to be sold abroad. So high an act of dominion must be recognized by the law of the country where it is used. The power of a master over his slave has been extremely different in different countries.