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To: parsifal

You keep your Blackstone & I’ll keep the guy who actually WROTE the Constituion:
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The latter party I have considered heretofore; and. have called it the people. The former party I am now to consider; and, in order to avoid confusion, I call it,
in this discussion, the citizen; and when I shall have occasion to refer to more subordinate agreements than one, I shall call the individuals, parties to them, by the name of citizens.
‘ I know that the term citizen is often applied to one of the more numerous party—to one of the people : and I shall be obliged to take the description of a citizen from the character which he supports as one of the people. But you will easily perceive, that the same person may, at different times, act or be viewed in different characters ; and though his description be taken from one of them, the account of his duties and of his rights too may, on a particular occasion, be referred to the other. This I have chosen to do, rather than to introduce an unknown phrase, or to use a known phrase in a new signification. Besides, the expression is frequentlyemployed also in the sense in which I now use it. “ Generally speaking,” says the great political authority,k Aristotle, “ a citizen is one partaking equally of power and of subordination.”
A citizen then—to draw his description as one of the people—I deem him, who acts a personal or a represented part in the legislation of his country. He has1 other rights ; but his legislative I consider as his characteristick right. In this view, a citizen of the United States is he, who is a citizen of at least some one state in the Union : for the members of the house of representatives in the national legislature are chosen, in each state, by electors, who, in that state, have the qualifications requisite for electors of the most numerous branch of the state legislature.0 In this view, a citizen of Pennsylvania is he, who has resided in the state two years; and, within that time, has paid a state or county tax: or he is between the ages of twenty one and twenty two years, and the son of a citizen.d
When a man acts as one of the numerous party to the agreements, of which I have taken notice ; it is his right, according to the tenour of his agreements, to govern j he is one of the people. When he acts as the single party to that agreement, which he has made with all the other members of the society ; it is his duty, according to the tenour of his agreement, to obey; he is a single citizen.
As a citizen of a republican government owes obedience to the laws ; so he owes a decent, though a dignified respect to those who administer the laws. In monarchies, there is a political respect of person : in commonwealths, there should be a political respect to office. In monarchies, there are ranks, preeminences, and dignities, all personal and hereditary. In commonwealths, too, there are ranks, preeminences, and dignities; but all official and successive. In monarchies, respect is paid without a prospect of return. In commonwealths, ‘ one may, next year, succeed, as an officer, to the respect, which, this year, he pays as a citizen. The dignities of office are open to all.
You will be pleased to hear, that, with regard to this as well as to many other subjects, we have renewed, in our governments, the principles and the practice of the ancient Saxons...

What a very different spirit animates and pervades her American sons ! Indeed it is proper that it should do so. The insulated policy of the British nation would as ill befit the expansive genius of our institutions, as the hills, the ponds, and the rivulets, which are scattered over their island, would adequately represent the mountains, and rivers, and lakes of the United States. “ In the new world”—I speak now from one of the finest writers of Britainy—”in the new world nature seems to have carried on her operations with a bolder hand, and to have distinguished the features of the country by a peculiar magnificence. The mountains of America are much superiour in height to those in the other divisions of the globe. From those lofty mountains descend rivers proportionably large. Its lakes are no less conspicuous for grandeur, than its mountains and rivers.” We imitate, for we ought to imitate, the operations of nature ; and the features of our policy, like those of our country, are distinguished by a peculiar magnificence...

The subject, to one standing where I stand, is not without its delicacy: let me, however, treat it with the decent but firm freedom, which befits an independent citizen, and a professor in independent states.
Surely I am justified in saying, that the principles of the constitutions and governments and laws of the United States, and the republicks, of which they are formed, are materially different from the principles of the constitution and government and laws of England; for that is the only country, from the principles of whose constitution and government and laws, it will be contended, that the elements of a law education ought to be drawn. I presume to go further: the principles of our constitutions and governments and laws are materially better than the principles of the constitution and government and laws of England.
Permit me to mention one great principle, the vital principle I may well call it, which diffuses animation and vigour through all the others. The principle I mean is this, that the supreme or sovereign power of the society resides in the citizens at large; and that, therefore, they always retain the right of abolishing, altering, or amending their constitution, at whatever time, and in whatever manner, they shall deem it expedient.
VOL. I. D
By Sir \Villiam Blackstone, from whose Commentaries, a performance in many respects highly valuable, the elements of a foreign law education would probably be borrowed—by Sir William Blackstone,. this great and fundamental principle is treated as a political chimera, existing only in the minds of some theorists-; but, in practice, inconsistent with the dispensation of any government upon earth...

In the course of these lectures, my duty will oblige me to notice some other important principles, very particularly his definition and explanation of law itself, in which my sentiments differ from those of the respectable Author of the Commentaries. It already appears, that, with regard to the very first principles of government, we set out from different points of departure.
As I have mentioned Sir William Blackstone, let me speak of him explicitly as it becomes me. I cannot consider him as a zealous friend of republicanism. One of his survivers or successours in office has characterized him by the appellation of an antirepublican lawyer. On the subject of government, I think I can plainly discover his jealousies and his attachments.’
For his jealousies, an easy and natural account maybe given. In England, only one specimen of a commonwealth has been exhibited to publick examination ; and that specimen was, indeed, an unfavourable one. On trial, it was found to be unsound and unsatisfactory. It is not very surprising that an English lawyer, with an example so inauspicious before his eyes, should feel a degree of aversion, latent, yet strong* to a republican government.
An account, perhaps equally natural and easy, may be given for his attachments. With all reigning families, I believe, it is a settled maxim, that every revolution in government is unjustifiable, except the single one, which conducted them to the throne. The maxims of the court have always their diffusive influence. That influence, in favour of one species of government, might steal imperceptibly upon a mind, already jealous of another species, viewed as its rival, and as its enemy...

Wilson quote Locke: The sentiments of Mr. Locke on this subject go much further. “ ‘Tis plain,” says he,« “ by the law of right reason, that a child is born a subject of no country or government. He is under his father’s tuition and authority, till he comes to the age of discretion; and then he is a freeman, at liberty what government he will put himself under ; what body politick he will unite himself to.”

The English Saxon’s prior to the feudal conquest: Gothic, Germanic and English Freedom ! With boasted liberty superficially on the lip, there is often licentiousness, and consequent oppression,—but we feel Freedom to be more deeply seated, even in the heart :—here Freedom is not only enjoyed, but cordially permitted, and extended to all. This is true, heartfelt Freedom, and we derived it from our Anglo-Saxon forefathers. Every Englishman who glories in the vigour of his Father land,—who would clearly understand, and feel the full force of his Mother tongue, ought to study AngloSaxon,


1,840 posted on 02/27/2010 4:58:14 PM PST by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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To: patlin

Interesting, but who wrote it? And when.

parsy, who is curious


1,847 posted on 02/27/2010 5:15:32 PM PST by parsifal (Abatis: Rubbish in front of a fort, to prevent the rubbish outside from molesting the rubbish inside)
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