| 1903 - 1018 Seiten
...interpreta141 tion how far the onus *probandi may be Shifted from one party to the other : and is, I trust, a sufficient comment upon the case to shew that I...they were in at the revolution, in which they had no concern, agency or interest. But notwithstanding this difference of opinion from the Chancellor, I... | |
| A. Leon Higginbotham - 1980 - 548 Seiten
...black. Judge Tucker said the Virginia Bill of Rights had been framed "with a cautious eye," that it was "meant to embrace the case of free citizens, or aliens only; and not be a side wind to overturn the rights of property, and give freedom to those very people whom we have... | |
| Robert M. Cover - 1975 - 340 Seiten
...slavery — that they had meant to leave the institution undisturbed. Thus, Tucker concluded . . . I do not concur with the Chancellor in his reasoning...by a side wind to overturn the rights of property. . . ,29 Tucker held that the presumption of freedom attached to Indians not because of any force of... | |
| Sacvan Bercovitch, Cyrus R. K. Patell - 1997 - 846 Seiten
...Wrights in 1805 for the Virginia Supreme Court of Appeals. The Bill of Rights, observes Judge Tucker, was meant to embrace the case of free citizens, or...that they were in at the revolution, in which they have no concern, agency, or interest. Yet if the right of property controls, it can never eliminate... | |
| James W. Ely - 1997 - 438 Seiten
...preamble of the Declaration of lndependence was framed with "a cautious eye" to the subject of slavery, "and was meant to embrace the case of free citizens,...by a side wind to overturn the rights of property. . . ,"zz Jefferson analyzed the connection between property and government as early as 1774 in his... | |
| Werner Sollors - 2000 - 566 Seiten
...white Virginians. Judge St. George Tucker wrote: I do not concur with the Chancellor in his reasoning of the first clause of the Bill of Rights, which was...they were in at the revolution, in which they had no concern, agency, or interest.86 81. 11 Va. (1 Hen. & M.) 71 (1806). 82. Id. at 74 (Roane, J., concurring).... | |
| Paul Finkelman - 2002 - 488 Seiten
...state, emphatically rejected Wythe's abolitionist applicatfon of the Virginia Declaration of Rights: I do not concur with the Chancellor in his reasoning...they were in at the revolution, in which they had no concern, agency or interest.™ Virginia's most important modern state constitutional theorist, A.... | |
| Roger W. Wilkins - 2002 - 188 Seiten
...Son. CHAPTER Tainted Origins [The Virginia Declaration of Rights, drafted in 1776 by George Mason,] was meant to embrace the case of free citizens, or aliens only; and not to be a side wuid to overturn the rights of property, and give freedom to those very people whom we... | |
| Thadious M. Davis - 2003 - 356 Seiten
...equal, applied to Africans and those of African descent, and he stated instead that the Bill of Rights "was meant to embrace the case of free citizens, or...imperious circumstances to retain, generally, in the same bondage that they were in at the revolution, in which they had no concern, agency or interest" (emphasis... | |
| Joshua D. Rothman - 2003 - 364 Seiten
...George Tucker argued in rejecting the crucial element of Wythe's opinion, the Virginia Bill of Rights "was notoriously framed with a cautious eye to this subject" and was intended to protect free citizens, not "by a side wind to overturn the rights of property, and give... | |
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