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Updated: May 14, 2025
"I am a barrister of the Middle Temple, having been educated as a younger son, and having since succeeded an elder brother, at the age of twenty-seven; I stand in the unfortunate relation of the 'half-blood' myself, to this very estate, on which we are now conversing."
In all the literature which enshrines the pretended philosophy of law, there is nothing more curious than the pages of elaborate sophistry in which Blackstone attempts to explain and justify the exclusion of the half-blood. It may be shown, I think, that the Family, as held together by the Patria Potestas, is the nidus out of which the entire Law of Persons has germinated.
Upon any American, the strangeness of this incident is somewhat lost. For as far back as he goes in his own land, he will find some alien camping there; the Cornish miner, the French or Mexican half-blood, the negro in the South, these are deep in the woods and far among the mountains.
Let that be as it may; no bastard should lord it at Wychecombe; and rather than the king; should get the lands, to bestow on some favourite, I would give it to the half-blood." "Can that be done without making a will, brother Thomas?" "It cannot, Sir Wycherly; nor with a will, so long as an heir of entail can be found." "Is there no way of making Tom a filius somebody, so that he can succeed?"
The younger man came to him, and put a bear skin at his back. He had picked up some of the patois of half-blood French and English. "You seek," he said, "you hurt you hungr'. You have eat soon." He motioned with his hand to the boiling pot. There was not a ficker of animation in his splendid face.
Had there been descendants of females, even, to interfere, no such opinion would have existed; but, as between an escheat, or a devise in favour of a filius nillius, or of the descendant of a filius nullius, the half-blood possessed every possible advantage.
About a week after this time an atajo of pack-mules nearly fifty in number loaded with buffalo-hides and tasajo, was seen struggling up the eastern ceja of the Llano Estacado, and heading in a north-westerly direction over that desert plain. The arriero, mounted upon the mulera, was a half-blood Indian.
The half-blood Faringhea, wishing doubtless to escape from the dark thoughts which the words of the Indian on the mysterious course of the Cholera had raised within him, abruptly changed the subject of conversation. His eye shone with lurid fire, and his countenance took an expression of savage enthusiasm, as he cried: "Bowanee will always watch over us, intrepid hunters of men!
"So I understood it, Sir Wycherly, and I believe now I also understand all about the 'half, and the 'whole, and the 'nullus. You meant to tell us that your kinsman, Sir Reginald Wychecombe, was of the 'half-blood' as respects yourself, and that Mr.
Know, base-born knave, that you have dared this day to stand in the path of one whose race have been the advisers of kings and the leaders of hosts, ere ever this vile crew of Norman robbers came into the land, or such half-blood hounds as you were let loose to preach that the thief should have his booty and the honest man should sin if he strove to win back his own."
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