On the Strength of Nations

Cover On the Strength of Nations
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CHAP. X.] ENGLAND AND ITIANCE. 233 therefore it was an inevitable evil, it is to be ob- served that this question has not merely a politico- economical, but also a legislative or rather jurispru- dential aspect ; and it is under this latter aspect that we must now examine it somewhat minutely.
The question under this aspect is, by what right do these Highland chiefs claim a property so exclu- sive in the soil of the districts over which their rights of chieftainship extended, as to give therh t
...he power of expelling from their tenements in those districts, by their mere fiat, tenants of the land, who held their land by customary tenures at least as ancient and of more respectable origin than those of the copyholders of England? The answer, it would seem, is, by the right of sovereignty. Their ancestors, they say, were sovereign in those parts, and they are the representatives of those ancient sovereigns.
Their claim to the property is based on their claim to the sovereignty. Let us admit their claim to the ancient sovereignty in its fullest extent.


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