Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-08-06

right, and not inconsistent with the union,
remain in full force, and are not TO be
changed except for the evident utility of
the people of Scotland. a distinction is
taken between Poiificot law and prfudts law.
The political law is to be uniform, while
the private law of each nation remains dis
tinct. Thus, while Epglishmen in their
private relations are controlled by the
principles of the common Law, Scotchmen
in the same relations are governed by the
rules of the civil (or Roman) law. For
the purpose of preserving the civil law in
its purity, Scotch courts remain distinct
from the English courts, and the judges
are to be selected from persons educated
in the civil law. 1t was further provided
that there should be TWO great seals; one
to authenticate the laws Of England, and
those political acts common to the two
countries and another great seal of Scot
land, to be used in connection with private
rights and grants. The Parliament of the
united Kingdom was prohibited from pass
ing any law interfering with the religious
establishment of Scotland.
All laws and statutes of either country
inconsistent with the act of union were to
cease and to become void.
Scotland participated in the new gov
ernment by sending sixteen peers to the
House of Lords, and forty-fve members to
the House of Commons. The principle of
representation is for the first time admitted
in the House of Lords. These representa-
tive peers are elected by the peers of Scot
land, and the members are chosen by q
constituency in the Scotch shires and bor-
oughs. fss ..-.
l.: e 80 Al
visions of the act of union show that its
great popularity consists in the distinction
drawn between public law and matters of
private right. 1t was clearly seen that two
distinct nations might be united under one
government for certain purposes, and re-
main distinct as to others. This fruitful
idea was still only in its germ. The act
of union provided no means for the contin-
ued Development of local municipal lato.
There was no local legislature. Any stat
ntory changes can only be made by the
united Parliament. Even the judgments
of the Scotch courts are subject to an
appeal to the House of Lords, where judges
trained in the common law may disturb
the harmonies of the civil law by decisions
at variance with its spirit.
This great idea, derived from the neces--
stiles of the case, was new at the time, and
was unsparingly ridiculed by the wits of
that period No one exhibited its apparent
absurdity more clearly than Dean Swift:
saThe queen has Iately lost part
OF her ENTIRELY ENGL1sH% heart,
For want of which, by way of botch,
She pierced it mp again with Scotch.
Blessed revolution! which creates
Divided hcarts-United States!
See how the double nation lies
Like rich coat with skirts of friZe;
As if man in making posies
Should bundle thstlcs up with roses
Who ever yet union saw r..
OF kingdoms lcithOh jdtM or LdtCf
IIencefOrward let no statesman dare
A kingdom to a ship compare,
Lest he should call our commonweal
A vessel with double keel,
Which Just like ours, new rugged and manned,
And got about league from land,
BY change of wind to leeward side,
The pilot knew not how to guide,
So tossing faction will o'erwhelm
Our crazy double bottomd realm"
This union "without faith or law" which
characterized "the United States,'e and
which is so contemned by the witty Dean
across the ocean. was fully recognized
here. His illusions to factions may seem
prophetic of our own destiny.
1t may now be asked-would England
and Scotland have been any the less united
if the latter country bad been left with q
local legislature to the fIL1 and regular deUet-
oDD,ent of her o,on local municipal taU, al
rays in $u6ordination to the general potittcd
lar Of The united Parliament Certainly
not; for, if the British union was consis-
tent with the establishment of local law,
it, would also be consistent with its conttn-
ual existence and development.
The Constitution of the United States
was framed about eighty years after this
act was passed-an act which must have
been familiar to all the lawyers and states
men of the time. 1t was in their libraries
in statute books to which they made fire.
queut reference. The circumstances ii
which the thirteen states were situated
were not materially different from those in
which England and Scotland were placed
They were nominally united, but each state
had distinct legislature, legislating with
out concert with any other, and with Q
view only to the interest of the state fol
which it acted. Necessity drove them to
construction of more perfect Union.
In one important respect, the separate
States we're in different position from
England and Scotland. In the act Ot
union the leading nation had greatly the
advantage The vast power of England
gave her such an influence that Scotland
was induced to accept the act of unior
without adequate political security for the
protection of her local independence. Ii
this country no one State SO greatly sur,
passed any other that she could give color
and direction to the acts of a sister State
1t became necessary, therefore, to establish
new legislature and government, which
should have the same authority over the
public law of all the States which the Brit
ish Parliament had over Scotland, and tc
guarantee local Legislation to the States re-
spectively.
T" Act of Union" the United States Consti
tuition was framed by a convention of com
missiouers appointed precisely as the Eng.
lish commission was created-by act of the
local legislatures. Their function was in
like manner to deliberate and consult, and
to submit the results of their deliberations
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