Page:United States Reports, Volume 2.djvu/465

This page needs to be proofread.

Suaaaua Counr of the United Seam. 4;,-9 ll. Iam, in the feeond place, to examine this quellion by nygg. the laws and praélice of diliercnt States and Kingdom;. In an- KJYQ cient Greece, as we loam from Mcram, whole nations defend- ed their rights before crouded tribunals. Such ocealions as - thefe excited,_we_are told, all the powers of perfualion; and the vehenscnce ard enthulialin of the femirnent was gradually iafufed into the Grecian language, equally fukeptible o llrengtn and harmony. in thofe days, law, liberty, and reining fcienee, triiade their benign progrefs in fl.ri€t and graceful union 1 The rude and degrading league between the bar and feudal batbarifm was not yet formed. - When the laws and praélice of particular States have any ap- plication to the queltion before us ; that application will fumilh ‘ _ what is ¢..tlled an argument a ; becaufe all the inllances produced will be initances of inllituting and fupporting fuits againll tholk, who were deemed tlvir own jmengns. Thefe inliances are ilronger than the prefent one ; becaufe be- tween the prefent plaintiff and defendant no fuch unequal rela- tion is alledged to exili. Columbia atchieved the of that country, which, per- haps, ought to bear his name. Acontraét made by Cohunbu: furnilhed the lirll precedent for fupporting, in his difcovered country, the caufe of injured merit againlt the claims and pre-‘ tentions of haughty and ungrateful power. _His Ion Dan Diego walled two years in incelfaut, but fruitlefs, folicitataon at the Court of Spain, for the rights which defcezided to him in conk- quencc of his fathcr‘s original capitqlaticn. He endeavourcd, at length, to obtain, by a legal fentence, what he could not procure from the favour of an intcrefied Monarch. He coin- menced a fuit againil Ferdinand before the Council, which ma- naged Indian alfiairs ; and that Court, with integrity which re- lleéis honour on their proceedings, decided againli the King, and fxylaincd Don Di:g0'.¢ elaim.* Other States have inltituted oliicers to judge the proceedings of their King: : Of this kind were the Epbori of Sporla : of this kind alfo was thc mayor of thc Palau, and afterwards the conllablc of Francr.~l· But of all the laws and inliitutions relating to the prcfcnt quellion, none is fo {hiking as that defcribcd by thefamous Hol- roman, in his book entitled Franrogallia. Vlihen the Spaniard.: of Armgon elec} a King, the reprcfent a kind of play, and in- troduce a perlbnage, whom they di nify by the name of LAW, L1 yn/Zizn, of drragon. This pergmage they declare, by 3 public decree, to be greater and .·1c»re powerful than their King, and thcn addrefs him in the following remarkable exprellions. ' •• Wu, who are of as great worth as you, and can do more ‘ Mmm 2. than

  • R. A. 231. 1 Sid. 131.