South Africa and the Transvaal War, Vol. 8 (of 8): South Africa and Its Future
History
South Africa and the Transvaal War, Vol. 8 (of 8): South Africa and Its Future
South African War, 1899-1902; Transvaal (South Africa) -- History
The recent annexation to the Empire of the territories of the two Boer
Republics must necessarily have many effects not alone in the sphere of
politics, but also in that of law. But no unsettling of the general
principles of private law, regulating the rights and duties of the
citizens in private relations, can be the result. The invariable
practice of the Imperial Government--the only possible one to prevent
inextricable confusion of personal status and property rights--has
always been to enforce, as the unaltered law of the land, any system of
European Law already in operation in territories annexed or ceded to the
Empire, being already a portion of the dominion of any State of the
European Family of Nations. In this respect the Imperial Government but
follows the general practice of other European States: a practice so
uniform that it may almost be regarded as a portion of the Law of
Nations, of that custom of the European race which for a century we are
accustomed to speak of as International Law. The committee of the Privy
Council, which, as regards the Empire outside of Europe, may be viewed
as the Imperial Court of Appeal, has therefore to adjudicate on systems
of law more numerous than these that come before any other tribunal in
the world. Not alone questions to be determined under the Common Law of
England, but suits to be decided under that law, as modified by the
legislation of the self-governing Colonies, come under the cognisance of
that unique tribunal. From the Channel Islands, whose people boast that
they were never conquered by England, are heard appeals, based on the
_Grand Coutumier de Normandie_, unknown in France since the French
Revolution. The French Law of Lower Canada, still administered under
British authority, is lifeless and unknown in the Paris which gave it
birth. Similarly the Roman Dutch Law of the United Provinces, now
enforced in the former over-sea possessions of Holland, has long ago
been swept away in Low Countries, surviving as the law of the land only
in the British possessions, in South America, in Ceylon, and in South
Africa. With one result, arresting the attention of the historical
student, that in our own day British tribunals accept, as of the highest
authority--in many matters most vitally affecting the status and
property of British citizens from the Lion's Head to the Line, the
recorded opinions of a Pretorian prefect of the Roman Empire in
York--the brightest of the five stars of the _Loi des Citations_.
Public-domain text, read in full here on John Shaqi.
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