Real0ne -> RE: Where do rights come from? (8/15/2012 9:01:18 AM)
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U.S. adopted Common laws of England with the Constitution. Caldwell vs. Hill, 178 SE 383 (1934). quote:
"Biblical Law at "Common Law" supersedes all laws, and "Christianity is custom, custom is Law." Robin v. Hardaway 1790. quote:
Inferior Courts - The term may denote any court subordinate to the chief tribunal in the particular judicial system; but it is commonly used as the designation of a court of special, limited, or statutory jurisdiction, whose record must show the existence and attaching of jurisdiction in any given case, in order to give presumptive validity to its judgment. In re Heard’s Guardianship, 174 Miss. 37, 163, So. 685. quote:
"Immunity fosters neglect and breeds irresponsibility while liability promotes care and caution, which caution and care is owed by the government to its people." (Civil Rights) (Rabon vs Rowen Memorial Hospital, Inc. 269 N.S. 1, 13, 152 SE 1 d 485, 493 quote:
“...where any state proceeds against a private individual in a judicial forum it is well settled that the state, county, municipality, etc. waives any immunity to counters, cross claims and complaints, by direct or collateral means regarding the matters involved.” Luckenback v. The Thekla, 295 F 1020, 226 Us 328; Lyders v. Lund, 32 F2d 308; quote:
1705, c. 49. Collection of laws in 1733, pa. 218. 'An act concerning servants and slaves,' enacts 'that all servants* imported * The act of 1748, c. 14. Revisal of 1748, pa. 285. instead of the words ' all servants imported,' substitutes 'all persons who have been or shall be imported;' an alteration of few words indeed, but of most extensive barbarity. It has subjected to slavery the free inhabitants of the two continents of Asia and Africa (except of .the small parts of them inhabited by Turks and Moors in amity with England) and also the Aborigines of North and South America, unless Mason's observation on the word 'shipped,' shall be thought to avail them. It even makes slaves of the Jews who shall come from those countries, on whose religion ours is engrafted, and so far as it goes, supposes it to be founded on perfect verity. Nay, it extends not only to such of those persons as should come here after the act, but also to those who had come before, and might then be living here in a state of freedom and brought into this country by sea or land, who were not Christians in their native country, (except Turks and Moors in amity with her Majesty, and others that can make due proof of their being free in England, or any odier Christian country, before they were shipped, in order to transportation hither) shall be accounted and be slaves, and as such, be here bought and sold, notwithstanding a conversion to Christianity‘afterwards.* And it repeals all other acts so far ‘ as they relate to servants and slaves, or to any matter or thing whatsoever, witliin die purview of this act,’ Having thus premised the several acts of Assembly, so far as they threw light on this subject, or on one anodier, he observed, that but four of them have imposed servitude or slavery on Indians ; quote:
1682, c. 1. which made slaves of all Indian sei'vants imported by sea or land, and of . all Indians sold wjt slaves by other Indians trafficking with us- This is the act on which the defendants rely, supposing it to have been in force when the ancestors of the plain- tiils were brought into diis country. lint on the contrary he pro- posed to prove, 1. That it was originally void in itself, because it was contrary to natural right. II. Thai it was virtually repealed by the act of 1 (384. If not, vet, III. It was virtually repealed by die act of 1G91. And if by neither of these, then, IV. It was actually repealed in 1705. I. He observed that we came to this new world, not called by the invitations, nor provoked by the injuries of its inhabitants. That by force we dispossessed them of the wiids they had inha- bited from the crcation of the world; which %vas carrying far enough our violation of their rights. That we did not therefore pretend, in the general, to reduce tlieir persons under our dominion. Of some of them indeed wc accepted the subjection; but this wus a civil union of the one state with the other, not a domestic and trios,, on vhote rertigiun our* is engriiflad, and bo far as it fcoes, suppose* it to be founded on perfect verity. Nay, it extends not only to such of those nel- sons as should coran here lifter the act, but also to those who have come before, and might then he living here in a state of freedom servile submission of individuals to individuals. Accordingly, the freedom of die confederate or united states was secured by so- lemn treaties. This is the case of our tributary and friendly In- dians, whose liberty could not be invaded by any act of Assembly, without committing so fundamental a violation of these treaties, as would dissolve the union or confederacy, and restore them again to their natural Independence. As little could the wars we waged against others of them, justify the reducing the captives to slavery. Because all such wars, whether we or they commenced hostilities, were just ou their part, entered into pro uris et focis, to defend from the invasion and encroachments of hostile strangers, that na- tive soil in which the God who made and planted their fathers, and said to them, ‘over this thou shall have dominion' So that if we apply these acts of our legislature to the captives from hostile tribes of Indians, they cannot be justified on the rights of war; if to those in amity with us, they are infractions of the federal as well as natural rights of those people. No instance can be pro- duced where even heathens have imposed slavery on a free people, in peace with them. The Indians of every denomination were free, and independent of us; they were not subject to our empire; not represented in our legislaturej they derived no protection from our laws, nor could be subjected to their bonds. If natural right, independence, defect of representation, and disavowal of protec- tion. are not sufficient to keep them from the coercion of our laws on what other principles can we justify our opposition to some late acts of power exercised ever us by the British legislature? Yet they only pretended to impose on us a paltry tax in money ; we on our free neighbors, the yoke of perpetual slavery. Now all acts of legislature apparently contrary to natural right and justice, are, in our laws, and must be in the nature of things, considered as void. The laws of nature are the laws of God; whose authority can be superseded by no power on earth ; A legislature must not ob- struct our obedience to him from whose punishments they cannot protect us. All human constitutions which contradict his laws, we are in conscience bound to disobey. Such have been the adjudi- cations of our courts of justice. And cited 8 Co* 118. a. Bon- ham’s case. Hob. 87. 7. Co. 14. a. Calvin’s case. And so he con- cluded the act of 1782, originally void, because contrary to natural right and justice. [image]http://i123.photobucket.com/albums/o296/nine_one_one/stuff/drinking_a_six_pack-2126.gif[/image]
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