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Updated: June 28, 2025
To obey such laws, if we may call it obedience, requires only spontaneity and free opportunity. That governments do not maintain themselves through such harmonious factors is proven by the terrible array of violence, force, and coercion all governments use in order to live. Thus Blackstone is right when he says, "Human laws are invalid, because they are contrary to the laws of nature."
"This is the form of a trial by battle; a trial which the tenant or defendant in a writ of right has it in his election at this day to demand, and which was the only decision of such writ of right after the Conquest, till Henry II, by consent of Parliament, introduced the Grand Assise, a peculiar species of trial by jury." Blackstone, Commentaries, vol. iii. p. 340.
"'But, my dear, you are my wife, and Blackstone says' "'I don't care a fig what Blackstone says. If I am your wife, I am my mother's daughter, and my brother's sister, and Tommy's mother, and there are four distinct individualities all centered in myself. "'But, said I again, 'Blackstone says'
For the original claimants to the soil being all dead and buried, and no one remaining to inherit or dispute the soil, the Spaniards, as the next immediate occupants, entered upon the possession as clearly as the hangman succeeds to the clothes of the malefactor and as they have Blackstone and all the learned expounders of the law on their side, they may set all actions of ejectment at defiance and this last right may be entitled the right by extermination, or in other words, the right by gunpowder.
New interests, new rivalries and loyalties had arisen in which I had no share; I must perforce busy myself with invoices of flour and coffee and canned fruits while sleigh rides and coasting and skating expeditions to Blackstone Lake followed one another day after day, for the irony of circumstances had decreed a winter uncommonly cold.
Had Sir William Blackstone violated the laws of England, he would have been brought before the bar over which he had presided, and would there have been tried, with the counsel for the crown reading to him, perhaps, from a copy of his own Commentaries. And should he have been found guilty, he would have suffered like the meanest subject, "according to law." How is it in an American frigate?
If I wished to understand the laws of England, shall I consult Hume or Blackstone him who has written his volumes expressly as comments on those laws, or the historian who mentions them only as far as the laws were connected with the events and characters which he relates or describes?
After commenting on this act of the British Parliament, he quotes the words of Blackstone, who, after stating the nature of these smuggling policies, and dwelling upon their immorality and pernicious tendency, refers to the law above mentioned, which enacts "that they shall be totally null and void, except as to policies on privateers in the Spanish and Portuguese trade, for reasons sufficiently obvious."
"I make it a point never to be surprised," observed Holmes, as he peered through the glass, "but this beats me. I didn't know there was an island of this nature in these latitudes. Blackstone, go below and pipe Captain Cook on deck. Perhaps he knows what island that is." "You'll have to excuse me, Captain Holmes," replied the Judge. "I didn't ship on this voyage as a cabin-boy or a messenger-boy.
Thus the lawyer has said, again and again, in his generation, that any change in such a state of things "must needs bring the weal-public into jeopardy and hazard". And thus he has, all through the dismal history, "shaked his head, and made a wry mouth, and held his peace". Except a glorious exception! when such lawyers as Bacon, More, Blackstone, Romilly, and let us ever gratefully remember in later times Mr.
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