Opinions of eminent lawyers, on various points of English jurisprudence (Volume 1-2)- chiefly concerning the colonies, fisheries
Opinions of eminent lawyers, on various points of English jurisprudence (Volume 1-2)- chiefly concerning the colonies, fisheries
Author: George Chalmers
Pages: 216
Language: English

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1814 Excerpt: ... seeing these two clauses, being directly opposite, can no way stand one with another. But that by the first words, "cum plenario jure," an absolute, and unlimited cession of sovereignty was intended, the lord De Wit doth appeal to the circumstances of the treaty, and principally to a paper given in by the lords plenipotentiaries of the English themselves, July 7, 1667, in which the former clause, "cum plenario jure" is provided fully for, and the latter clause," eum prorsus in modum" is wholly left out, and so the scruple is removed: the truth, and examination, of which matter of fact, I must humbly leave to your lordship- for upon this ground, it is plain, that the lord De Witt will have the latter clause, "cum prorsus in modum' to be added only to limit, and restrain, the possession, as intending that those places strictly, which were actually possessed on either side on May should, as they were possessed without claim to any others, which were not so actually possessed by them at that time, be mutually conceded to each other, in the point of plenary right, and sovereignty to them- and, indeed, my lord, this consequence is so rational, that if the matter of fact be granted, and the plenary right of the sovereignty to Surinam be yielded, to be conceded in the former part of the words of that article, there is no avoiding the latter possibly: seeing, as it cannot be denied, that the latter words, "eum prorsus in modum," do bear the force of a limitation, it must inevitably follow, then, that if this limitation be not to be applied to the sovereignty, it must of necessity be applied to the possession, and detention, because, besides these two things, there is nothing else before mentioned- and I must needs acknowledge, also, my lord, that my lord De Witt's p...

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