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To reject the one of two facts, both of which rest upon clear and unequivocal evidence, is an error which has been condemned by Butler and Burlamaqui, as well as by many other celebrated philosophers.
This is the doctrine of Grotius, Vattel, Burlamaqui, Pothier, and Rutherforth. The contract, doubtless, is necessarily to be enforced by the municipal law of the place where performance is demanded. The municipal law acts on the contract after it is made, to compel its execution, or give damages for its violation.
They may be read in the introductory chapters of our own Blackstone, who has transcribed them textually from Burlamaqui, and wherever the manuals published in the present day for the guidance of the student or the practitioner begin with any discussion of the first principles of law, it always resolves itself into a restatement of the Roman hypothesis.
First promise to King Corny, to settle in the Black Islands; a gratuitous promise, signifying nothing read Burlamaqui: second promise to Mademoiselle, to go and live with her at Paris; with her on the face of it absurd! a promise extorted too under fear of my life, of immediate peril of being talked to death see Vatel on extorted promises void: third promise to my angel, Dora, to live wherever she pleases; but that's a lover's promise, made to be broken see Love's Calendar, or, if you prefer the bookmen's authority, I don't doubt that, under the head of promises made when a man is not in his right senses, some of those learned fellows in wigs would bring me off sain et sauf: but now for my fourth promise I am a man of honour when I make a promise intending to keep it, no man so scrupulous; all promises made to myself come under this head; and I have promised myself to live, and make my wife live, wherever I please, or not to live with her at all.
Salmasius, having assimilated interest to rent, was REFUTED by Grotius, Pufendorf, Burlamaqui, Wolf, and Heineccius; and, what is more curious still, Salmasius ADMITTED HIS ERROR. Instead of inferring from this doctrine of Salmasius that all increase is illegitimate, and proceeding straight on to the demonstration of Gospel equality, they arrived at just the opposite conclusion; namely, that since everybody acknowledges that rent is permissible, if we allow that interest does not differ from rent, there is nothing left which can be called usury, and, consequently, that the commandment of Jesus Christ is an ILLUSION, and amounts to NOTHING, which is an impious conclusion.
What model or example had the framers of the Constitution in their minds, when they spoke of "executive power"? Did they mean executive power as known in England, or as known in France, or as known in Russia? Did they take it as defined by Montesquieu, by Burlamaqui, or by De Lolme? All these differ from one another as to the extent of the executive power of government.
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