Abercrombie and Fitch615 - iCAx开思网

It strikes me as a primary question- to ask the Fiscal—by what laws I am to be tried ? Not by the English, for there he can find no authority whatever for tills proceeding. Dutch law ho tacitly admits has no existence, by the necessity he lies under of reviving the obsolete enactments of nearly two thousand years standing, upon no other sanction than his own caprice, and with no justifica¬tion but his knowledge that, provided he carries his point agamst me—no matter how—he is tolerably secure of impunity and approbation!- But I will tell his Majesty's Fiscal that such a departure from the dictates of equity, of justice,- and of common sense, is not to he to¬lerated ; that he Is bound to define the law by whieh I am to be tried; and thai if he can And neither precedent nor au¬thority for this prosecution in the consti¬tution of Englaud or Holland—to one of which countries this colony must be con¬sidered tributary—he is no more entitled to rummage in the Roman Abercrombie and Fitch code for grounds whereon to.convict me, than he is in that of the Calmuc Tartars!The constitution of one country is formed from the constitutions of others which have preceded it: wisdom re¬jects those ordinances which Abercrombie and Fitch Outlet are bad, useless, and inapplicable, and adopts the salutary and the good; hence to Saxon, Norman, ana Scaudinavian legislation, we owe tne constitution of England; and to the celebrated Jus¬tinian code the Dutch arc indebted for the basis of their own; but these Abercrombie Outlet adop¬tions are in neither case mere transcripts —they have all undergone modifications. Englaud is governed by laws, if uot indi¬genous, at'least, naturalized; and so likewise is Holland; and in neither couutry would a public prosecutor be permitted to work the condemnation of a defendant by the application of some abstract principle or practice of otlier countries, (not formally adopted,) solely on the ground that they had contributed to the regulation of his owu. In other words, would the Attorney-Geueral of England be allowed to conduct a prose¬cution for libel according to the forms of Danish practice, merely b*cause some of Abercrombie the laws of Denmark were amalgamated by Canute with the laws of Euglaud ?