Concerning JusticeEmery, Lucilius A. (Lucilius Alonzo)
Philosophy
Concerning Justice
Emery, Lucilius A. (Lucilius Alonzo)
Courts -- United States; Justice; Justice, Administration of
I think there are such liberties and rights. The subjects of King John
in the 13th century thought so and compelled the king to guarantee by
the Magna Charta that certain specified rights and liberties should
not be infringed. Again, the subjects of Charles I in the 17th century
had a similar conviction and expressed it in the Petition of Right,
which named some liberties and rights not to be infringed. The king
assented to that much limitation of the royal power. In the same
century, upon the accession of William and Mary, a Bill of Rights was
framed and enacted into law by King and Parliament, naming liberties
and rights of the subject which ought not to be abridged. Succeeding
Kings and Parliaments seem to have respected the provisions of this
Bill of Rights in their legislation for British subjects. Had they
conceded the claim of the people of the American Colonies that they
also were protected by its provisions, the course of our political
history might have been different. As it was, however, the British
government practically held that neither Magna Charta, the Petition of
Right, nor the Bill of Rights restrained it in its dealings with the
Colonies, and this in despite of the protests of some of its most
eminent statesmen. The resolutions of the various Colonial
legislatures and the formal Declaration of Independence recite many
grievous instances of arbitrary action by the government in disregard
of the doctrines of those charters.
So bitter was their experience that, when the people of the various
Colonies came to frame constitutions for "a government of the people,
by the people, and for the people" independent of the British crown
and all other external authority, they very generally insisted that
even such a government should have its powers defined and limited,
that some rights of the individual should be specified which the
government should not infringe nor have the lawful power to infringe.
From their own experience the people were convinced that such
definitions and limitations were necessary for the security of the
individual even under a popular government.
Public-domain text, read in full here on John Shaqi.
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