[85]Exec. Doc., 30th Cong. 2d Sess., H.R. No. 12, Table 10, p. 260.
[85]Exec. Doc., 30th Cong. 2d Sess., H.R. No. 12, Table 10, p. 260.
[86]Report of a Geological Survey of Wisconsin, Iowa, and Minnesota, and incidentally of a Portion of Nebraska Territory, made under Instructions from the United States Treasury Department, by David Dale Owen, United States Geologist. Philadelphia, 1852.
[86]Report of a Geological Survey of Wisconsin, Iowa, and Minnesota, and incidentally of a Portion of Nebraska Territory, made under Instructions from the United States Treasury Department, by David Dale Owen, United States Geologist. Philadelphia, 1852.
[87]Exec. Doc., 30th Cong. 2d Sess., H.R. No. 12, Table 6, p. 255.
[87]Exec. Doc., 30th Cong. 2d Sess., H.R. No. 12, Table 6, p. 255.
[88]Eleg. Lib. I. iii. 35, 36.
[88]Eleg. Lib. I. iii. 35, 36.
[89]Hon. John Davis.
[89]Hon. John Davis.
[90]Mass. House Documents, 1841, No. 23, pp. 2, 3.
[90]Mass. House Documents, 1841, No. 23, pp. 2, 3.
[91]Mass. Acts and Resolves, 1841, p. 422.
[91]Mass. Acts and Resolves, 1841, p. 422.
[92]Mr. Webster, in his greatest speech, the celebrated reply to Mr. Hayne, touched on this consideration. He said: "And, finally, have not these new States singularly strong claims, founded on the ground already stated, that the Government is a great untaxed proprietor in the ownership of the soil?"—Speeches, Vol. III. p. 291.
[92]Mr. Webster, in his greatest speech, the celebrated reply to Mr. Hayne, touched on this consideration. He said: "And, finally, have not these new States singularly strong claims, founded on the ground already stated, that the Government is a great untaxed proprietor in the ownership of the soil?"—Speeches, Vol. III. p. 291.
[93]Slavery: Letters and Speeches by Horace Mann, pp. 84-118.
[93]Slavery: Letters and Speeches by Horace Mann, pp. 84-118.
[94]Opinions of Attorneys-General, Vol. V. pp. 580-591.
[94]Opinions of Attorneys-General, Vol. V. pp. 580-591.
[95]On any subject but Slavery there was no check upon Senators at any time.
[95]On any subject but Slavery there was no check upon Senators at any time.
[96]Letter to Joseph Reed, Jan. 4, 1776: Writings, ed. Sparks, Vol. III. p. 225.
[96]Letter to Joseph Reed, Jan. 4, 1776: Writings, ed. Sparks, Vol. III. p. 225.
[97]Slavery could not bear to be pointed at, and this slight allusion, which seemed due to the memory of Mr. Rantoul, caused irritation at the time. Hon. John Davis, the other Senator from Massachusetts, assigned as a reason for silence on the occasion, that he observed the ill-feeling of certain persons, and thought it best that the vote should be taken at once.
[97]Slavery could not bear to be pointed at, and this slight allusion, which seemed due to the memory of Mr. Rantoul, caused irritation at the time. Hon. John Davis, the other Senator from Massachusetts, assigned as a reason for silence on the occasion, that he observed the ill-feeling of certain persons, and thought it best that the vote should be taken at once.
[98]Abridgment and Digest of American Law, Vol. VII. ch. 223, art. 1, § 3.
[98]Abridgment and Digest of American Law, Vol. VII. ch. 223, art. 1, § 3.
[99]Works, Vol. III. p. 263.
[99]Works, Vol. III. p. 263.
[100]Ibid., p. 283.
[100]Ibid., p. 283.
[101]More precisely, the seven Northern States, together with Maryland, affirmatively,—and four of the Southern States, namely, Virginia, North and South Carolina, and Georgia, negatively,—Delaware being unrepresented.
[101]More precisely, the seven Northern States, together with Maryland, affirmatively,—and four of the Southern States, namely, Virginia, North and South Carolina, and Georgia, negatively,—Delaware being unrepresented.
[102]Memoirs of Sir Thomas Fowell Buxton, by his Son, Ch. 18.
[102]Memoirs of Sir Thomas Fowell Buxton, by his Son, Ch. 18.
[103]Letter to Dr. Price, August 7, 1785: Memoir, Correspondence, etc., ed. Randolph, Vol. I. p. 269; Writings, Vol. I. p. 377.
[103]Letter to Dr. Price, August 7, 1785: Memoir, Correspondence, etc., ed. Randolph, Vol. I. p. 269; Writings, Vol. I. p. 377.
[104]Originally the twenty-first, adopted January 28, 1840 (26th Cong. 1st Sess.), by Yeas 114, Nays 108; rescinded, on motion of John Quincy Adams, December 3, 1844 (28th Cong. 2d Sess.), by Yeas 108, Nays 80. It will be observed that the vote of the opponents of the rule was precisely the same (108) on its adoption as on its abrogation. Obviously many of the original supporters or their successors withheld their votes on the latter occasion. The rule in question was in these words: "No petition, memorial, resolution, or other paper, praying the abolition of slavery in the District of Columbia, or any State or Territory, or the slave-trade between the States or Territories of the United States in which it now exists, shall be received by this House, or entertained in any way whatever."
[104]Originally the twenty-first, adopted January 28, 1840 (26th Cong. 1st Sess.), by Yeas 114, Nays 108; rescinded, on motion of John Quincy Adams, December 3, 1844 (28th Cong. 2d Sess.), by Yeas 108, Nays 80. It will be observed that the vote of the opponents of the rule was precisely the same (108) on its adoption as on its abrogation. Obviously many of the original supporters or their successors withheld their votes on the latter occasion. The rule in question was in these words: "No petition, memorial, resolution, or other paper, praying the abolition of slavery in the District of Columbia, or any State or Territory, or the slave-trade between the States or Territories of the United States in which it now exists, shall be received by this House, or entertained in any way whatever."
[105]Milton, Areopagitica: A Speech for the Liberty of Unlicensed Printing: Prose Works, ed. Symmons, Vol. I. p. 325.
[105]Milton, Areopagitica: A Speech for the Liberty of Unlicensed Printing: Prose Works, ed. Symmons, Vol. I. p. 325.
[106]Howell's State Trials, Vol. XX. col. 82.
[106]Howell's State Trials, Vol. XX. col. 82.
[107]Harry et al.v.Decker et al., Walker, 42.
[107]Harry et al.v.Decker et al., Walker, 42.
[108]Rankinv.Lydia, 2 Marshall, 470.
[108]Rankinv.Lydia, 2 Marshall, 470.
[109]Madison's Debates, August 8, 1787.
[109]Madison's Debates, August 8, 1787.
[110]Madison's Debates, Aug. 21, 1787.
[110]Madison's Debates, Aug. 21, 1787.
[111]Ibid., Aug. 22.
[111]Ibid., Aug. 22.
[112]Ibid.
[112]Ibid.
[113]Ibid., Aug. 24.
[113]Ibid., Aug. 24.
[114]Ibid., Aug. 25.
[114]Ibid., Aug. 25.
[115]Ibid.
[115]Ibid.
[116]Ibid.
[116]Ibid.
[117]Madison's Debates, Aug. 25.
[117]Madison's Debates, Aug. 25.
[118]Ibid., Sept. 13.
[118]Ibid., Sept. 13.
[119]Debates, Resolutions, etc., of the Convention of Massachusetts, January 30, 1788.
[119]Debates, Resolutions, etc., of the Convention of Massachusetts, January 30, 1788.
[120]Annals of Congress, 1st Cong. 1st Sess., col. 342.
[120]Annals of Congress, 1st Cong. 1st Sess., col. 342.
[121]Journal of Congress, April 26, 1783, Vol. VIII. p. 201.
[121]Journal of Congress, April 26, 1783, Vol. VIII. p. 201.
[122]Commentaries, Vol. II. p. 94.
[122]Commentaries, Vol. II. p. 94.
[123]These maxims are enforced with beautiful earnestness in a tract which appeared at Baltimore shortly after the adoption of the Constitution, with the following title-page: "Letter from Granville Sharp, Esq., of London, to the Maryland Society for Promoting the Abolition of Slavery and the Relief of Free Negroes and others unlawfully held in Bondage. Published by Order of the Society. Baltimore: Printed by D. Graham, L. Yundt, and W. Patton, in Calvert Street, near the Court-House. M.DCC.XCIII."
[123]These maxims are enforced with beautiful earnestness in a tract which appeared at Baltimore shortly after the adoption of the Constitution, with the following title-page: "Letter from Granville Sharp, Esq., of London, to the Maryland Society for Promoting the Abolition of Slavery and the Relief of Free Negroes and others unlawfully held in Bondage. Published by Order of the Society. Baltimore: Printed by D. Graham, L. Yundt, and W. Patton, in Calvert Street, near the Court-House. M.DCC.XCIII."
[124]Groves et al.v.Slaughter, 15 Peters, 507, 508.
[124]Groves et al.v.Slaughter, 15 Peters, 507, 508.
[125]Milton, Comus, 456.
[125]Milton, Comus, 456.
[126]Dryden, Epistle XVI. [XIV.], To Sir Godfrey Kneller.
[126]Dryden, Epistle XVI. [XIV.], To Sir Godfrey Kneller.
[127]Letter to John F. Mercer, September 9, 1786: Writings, ed. Sparks, Vol. IX. p. 159, note.
[127]Letter to John F. Mercer, September 9, 1786: Writings, ed. Sparks, Vol. IX. p. 159, note.
[128]Letter to Robert Morris, April 12, 1786: Writings, ed. Sparks, Vol. IX. p. 159.
[128]Letter to Robert Morris, April 12, 1786: Writings, ed. Sparks, Vol. IX. p. 159.
[129]Brissot de Warville, New Travels in the United States, 2d ed., Vol. I. pp. 246, 247.
[129]Brissot de Warville, New Travels in the United States, 2d ed., Vol. I. pp. 246, 247.
[130]Dissertation on the Canon and Feudal Law: Works, Vol. III. p. 463.
[130]Dissertation on the Canon and Feudal Law: Works, Vol. III. p. 463.
[131]Life and Writings of John Jay, Vol. I. p. 231. Slavery and AntiSlavery, by William Goodell, p. 97.
[131]Life and Writings of John Jay, Vol. I. p. 231. Slavery and AntiSlavery, by William Goodell, p. 97.
[132]Life and Writings, Vol. I. pp. 229, 230.
[132]Life and Writings, Vol. I. pp. 229, 230.
[133]Notes on Virginia, Query XVIII.: Writings, Vol. VIII. pp. 403, 404. Summary View of the Rights of British America: American Archives, 4th Ser. Vol. I. col 696; Writings, Vol. I. p. 135. Letter to Dr. Price, August 7, 1785: Writings, Vol. I. p. 377.
[133]Notes on Virginia, Query XVIII.: Writings, Vol. VIII. pp. 403, 404. Summary View of the Rights of British America: American Archives, 4th Ser. Vol. I. col 696; Writings, Vol. I. p. 135. Letter to Dr. Price, August 7, 1785: Writings, Vol. I. p. 377.
[134]Letter to Robert Pleasants, January 18, 1779: Goodloe's Southern Platform, p. 79.
[134]Letter to Robert Pleasants, January 18, 1779: Goodloe's Southern Platform, p. 79.
[135]Speeches in the House of Delegates of Maryland in 1788 and 1789: Wheaton's Life of Pinkney, p. 11; American Museum for 1789, Vol. VI. p. 75.
[135]Speeches in the House of Delegates of Maryland in 1788 and 1789: Wheaton's Life of Pinkney, p. 11; American Museum for 1789, Vol. VI. p. 75.
[136]Bangs's History of the Methodist Episcopal Church in the United States, Vol. I. pp. 213, 218.
[136]Bangs's History of the Methodist Episcopal Church in the United States, Vol. I. pp. 213, 218.
[137]Thoughts upon Slavery, by John Wesley, (London, 1774,) pp. 24, 27.
[137]Thoughts upon Slavery, by John Wesley, (London, 1774,) pp. 24, 27.
[138]Minutes of the Synod of New York and Philadelphia, 1787: Records of the Presbyterian Church in the United States, p. 540.
[138]Minutes of the Synod of New York and Philadelphia, 1787: Records of the Presbyterian Church in the United States, p. 540.
[139]A Dialogue concerning the Slavery of the Africans; Works, Vol. II. p. 552.
[139]A Dialogue concerning the Slavery of the Africans; Works, Vol. II. p. 552.
[140]The Injustice and Impolicy of the Slave-Trade, and of the Slavery of the Africans, (Providence, 1792,) pp. 27-30.
[140]The Injustice and Impolicy of the Slave-Trade, and of the Slavery of the Africans, (Providence, 1792,) pp. 27-30.
[141]Tyrannical Liberty-Men: A Discourse on Negro Slavery in the United States, February 19, 1795, by Moses Fiske, Tutor in Dartmouth College. American Quarterly Register, May, 1840. Weld, Power of Congress over the District of Columbia, p. 33.
[141]Tyrannical Liberty-Men: A Discourse on Negro Slavery in the United States, February 19, 1795, by Moses Fiske, Tutor in Dartmouth College. American Quarterly Register, May, 1840. Weld, Power of Congress over the District of Columbia, p. 33.
[142]Kingsley's Life of Stiles: Sparks's American Biography, Second Series, Vol. VI. p. 69.
[142]Kingsley's Life of Stiles: Sparks's American Biography, Second Series, Vol. VI. p. 69.
[143]Hoare's Memoirs of Sharp, p. 254. Weld's Power of Congress, p. 34.
[143]Hoare's Memoirs of Sharp, p. 254. Weld's Power of Congress, p. 34.
[144]Speech of Sidi Mehemet Ibrahim in the Divan of Algiers against granting the Petition of the Sect called Erika, or Purists, for the Abolition of Piracy and Slavery: Works, ed. Sparks, Vol. II. pp. 517-521.
[144]Speech of Sidi Mehemet Ibrahim in the Divan of Algiers against granting the Petition of the Sect called Erika, or Purists, for the Abolition of Piracy and Slavery: Works, ed. Sparks, Vol. II. pp. 517-521.
[145]An Address to the Inhabitants of the British Settlements on the Slavery of the Negroes. Clarkson's History of the Abolition of the African Slave-Trade, Vol. I. p. 152.
[145]An Address to the Inhabitants of the British Settlements on the Slavery of the Negroes. Clarkson's History of the Abolition of the African Slave-Trade, Vol. I. p. 152.
[146]Algerine Captive, Vol. I. p. 213.
[146]Algerine Captive, Vol. I. p. 213.
[147]The African Chief: My Mind and its Thoughts, p. 201.
[147]The African Chief: My Mind and its Thoughts, p. 201.
[148]Weld, Power of Congress over the District of Columbia, p. 29.
[148]Weld, Power of Congress over the District of Columbia, p. 29.
[149]Annals of Congress, 1st Cong. 2d Sess., col. 1198.
[149]Annals of Congress, 1st Cong. 2d Sess., col. 1198.
[150]Debates, etc., of the Massachusetts Convention, February 1 and 6, 1788. Elliot's Debates, Vol. IV. p. 211.
[150]Debates, etc., of the Massachusetts Convention, February 1 and 6, 1788. Elliot's Debates, Vol. IV. p. 211.
[151]Opinion against the Constitutionality of a National Bank, Feb. 15, 1791: Memoir, Correspondence, etc., Vol. IV. p. 523; Writings, Vol. VII. p. 556. See also Letter to Judge Johnson, June 12, 1823: Memoir, Correspondence, etc., Vol. IV. p. 374; Works, Vol. VII. p. 297.
[151]Opinion against the Constitutionality of a National Bank, Feb. 15, 1791: Memoir, Correspondence, etc., Vol. IV. p. 523; Writings, Vol. VII. p. 556. See also Letter to Judge Johnson, June 12, 1823: Memoir, Correspondence, etc., Vol. IV. p. 374; Works, Vol. VII. p. 297.
[152]Debates, etc., of the Massachusetts Convention, February 1, 1788. See also Life of Samuel Adams, by William V. Wells, Vol. III. pp. 271, 272, 325, 331.
[152]Debates, etc., of the Massachusetts Convention, February 1, 1788. See also Life of Samuel Adams, by William V. Wells, Vol. III. pp. 271, 272, 325, 331.
[153]Journal of Federal Convention, Supplement, pp. 419, 441, 455. Elliot's Debates, II. 484, III. 211, IV. 223.
[153]Journal of Federal Convention, Supplement, pp. 419, 441, 455. Elliot's Debates, II. 484, III. 211, IV. 223.
[154]The same progression in ancient Rome arrested the observation of Sallust: "Primo pecuniæ, dein imperii cupido crevit. Ea quasi materies omnium malorum fuere."—Catilina, c. 10
[154]The same progression in ancient Rome arrested the observation of Sallust: "Primo pecuniæ, dein imperii cupido crevit. Ea quasi materies omnium malorum fuere."—Catilina, c. 10
[155]Hor., Carm. I. xxxiv. 3-5.
[155]Hor., Carm. I. xxxiv. 3-5.
[156]Case of Sommersett, Howell's State Trials, XX. 51.
[156]Case of Sommersett, Howell's State Trials, XX. 51.
[157]Ibid., 81.
[157]Ibid., 81.
[158]Madison's Debates, July 12, 1787.
[158]Madison's Debates, July 12, 1787.
[159]Madison's Debates, August 21 and 22, 1787.
[159]Madison's Debates, August 21 and 22, 1787.
[160]The Genuine Information delivered to the Legislature of Maryland, etc. p. 36: Appended to Vol. IV. Elliot's Debates.
[160]The Genuine Information delivered to the Legislature of Maryland, etc. p. 36: Appended to Vol. IV. Elliot's Debates.
[161]"Agreed to,nem. con.," are Madison's words.
[161]"Agreed to,nem. con.," are Madison's words.
[162]"Agreed to,nem. con.," are again Madison's words.
[162]"Agreed to,nem. con.," are again Madison's words.
[163]No. 42.
[163]No. 42.
[164]Annals of Congress, House and Senate Journals, 15th Cong. 1st Sess.
[164]Annals of Congress, House and Senate Journals, 15th Cong. 1st Sess.
[165]Matt. v. 19.
[165]Matt. v. 19.
[166]Life and Letters of Joseph Story, edited by his Son, Vol. II. p. 396.
[166]Life and Letters of Joseph Story, edited by his Son, Vol. II. p. 396.
[167]Senate Journal, 22d Cong. 1st Sess., pp. 438, 439.
[167]Senate Journal, 22d Cong. 1st Sess., pp. 438, 439.
[168]Madison's Debates, Sept. 3, 1787.
[168]Madison's Debates, Sept. 3, 1787.
[169]Kentucky Resolutions of 1798: Jefferson's Writings, Vol. IX. p. 464. See also Elliot's Debates, Vol. IV., Appendix, p. 380.
[169]Kentucky Resolutions of 1798: Jefferson's Writings, Vol. IX. p. 464. See also Elliot's Debates, Vol. IV., Appendix, p. 380.
[170]Madison's Debates, Sept. 15, 1787.
[170]Madison's Debates, Sept. 15, 1787.
[171]Annals of Congress, 15th Cong. 1st Sess., March 6, 1818, col. 232.
[171]Annals of Congress, 15th Cong. 1st Sess., March 6, 1818, col. 232.
[172]The rule of the Roman law was explicit:Neque humanum fuerit ob rei pecuniariæ quæstlonem libertati moram fieri.This is a text of Ulpian (Digestorum Lib. XL. Tit. V.,De Fideicommissariis Libertartibus, 37). In the same spirit is the mediæval verse,—"Non bene pro toto libertas venditur auro."
[172]The rule of the Roman law was explicit:Neque humanum fuerit ob rei pecuniariæ quæstlonem libertati moram fieri.This is a text of Ulpian (Digestorum Lib. XL. Tit. V.,De Fideicommissariis Libertartibus, 37). In the same spirit is the mediæval verse,—
"Non bene pro toto libertas venditur auro."
[173]Works (ed. 1801), Vol. III. p. 55.
[173]Works (ed. 1801), Vol. III. p. 55.
[174]Declaration of Rights, October 14, 1774: Journals of Congress, Vol. I. p. 29.
[174]Declaration of Rights, October 14, 1774: Journals of Congress, Vol. I. p. 29.
[175]Commentaries, Vol. II. p. 93.
[175]Commentaries, Vol. II. p. 93.
[176]Argument in Sommersett's Case: Howell's State Trials, XX. 42.
[176]Argument in Sommersett's Case: Howell's State Trials, XX. 42.
[177]Ibid., 38, 39, note.
[177]Ibid., 38, 39, note.
[178]Comyns's Digest: Remedy for a Villein, (C. 1,)Nativo Habendo.
[178]Comyns's Digest: Remedy for a Villein, (C. 1,)Nativo Habendo.
[179]Fitzherbert, Natura Brevium, Vol. I. p. 77.
[179]Fitzherbert, Natura Brevium, Vol. I. p. 77.
[180]Fitzherbert, Vol. I. p. 77.
[180]Fitzherbert, Vol. I. p. 77.
[181]Hutchinson, History of Massachusetts, Vol. III. p. 119.
[181]Hutchinson, History of Massachusetts, Vol. III. p. 119.
[182]Journal of the House of Representatives of Massachusetts Bay, October 24, 1765, pp. 131-138. Hutchinson, Vol. III., Appendix, pp. 472-474.
[182]Journal of the House of Representatives of Massachusetts Bay, October 24, 1765, pp. 131-138. Hutchinson, Vol. III., Appendix, pp. 472-474.
[183]Bancroft, History of the United States, Vol. V. p. 272.
[183]Bancroft, History of the United States, Vol. V. p. 272.
[184]Ibid.
[184]Ibid.
[185]Journal of the House of Representatives, September 25, 1765, p. 119. Hutchinson, Vol. III., Appendix, pp. 467, 468.
[185]Journal of the House of Representatives, September 25, 1765, p. 119. Hutchinson, Vol. III., Appendix, pp. 467, 468.
[186]Bancroft, History of the United States, Vol. V. p. 332.
[186]Bancroft, History of the United States, Vol. V. p. 332.
[187]Ibid., 349.
[187]Ibid., 349.
[188]Town Records, MS., September 18; Boston Gazette, September 23, 1765.
[188]Town Records, MS., September 18; Boston Gazette, September 23, 1765.
[189]Pennsylvania Gazette, October 31, 1765. Annual Register for 1765, p. [53.]
[189]Pennsylvania Gazette, October 31, 1765. Annual Register for 1765, p. [53.]
[190]Town Records, MS., March 24: Boston Gazette, March 31, 1766.
[190]Town Records, MS., March 24: Boston Gazette, March 31, 1766.
[191]Diary, December 18, 1765: Works, Vol. II. p. 154.
[191]Diary, December 18, 1765: Works, Vol. II. p. 154.
[192]Hansard, Parliamentary History, January 28, 1766, Vol. XVI. col. 140.
[192]Hansard, Parliamentary History, January 28, 1766, Vol. XVI. col. 140.
[193]Ibid., January 14, 1766, Vol. XVI. 104-108.
[193]Ibid., January 14, 1766, Vol. XVI. 104-108.
[194]Speech on the Compromise Measures, December 16, 1851: Congressional Globe, Vol. XXIV, p. 93.
[194]Speech on the Compromise Measures, December 16, 1851: Congressional Globe, Vol. XXIV, p. 93.
[195]Resolves concerning Slavery, May 1, 1850: Acts and Resolves, 1849-51, p. 519.
[195]Resolves concerning Slavery, May 1, 1850: Acts and Resolves, 1849-51, p. 519.
[196]The possibility of scandal and commotion was recognized by the great doctor of the Church, St. Thomas Aquinas, as proper to determine human conduct. According to him, an unjust law is not binding in conscience,nisi forte propter vitandum scandalum vel turbationem.—Summa Theologica, 1ma 2dæ, Quæst. XCVI. art. 4.
[196]The possibility of scandal and commotion was recognized by the great doctor of the Church, St. Thomas Aquinas, as proper to determine human conduct. According to him, an unjust law is not binding in conscience,nisi forte propter vitandum scandalum vel turbationem.—Summa Theologica, 1ma 2dæ, Quæst. XCVI. art. 4.
[197]Hor., Carm. III. vi. 19, 20.
[197]Hor., Carm. III. vi. 19, 20.
[198]Grimm, Correspondance, Février, 1786, Tom. XIV. pp. 453, 454.
[198]Grimm, Correspondance, Février, 1786, Tom. XIV. pp. 453, 454.
[199]Deuteronomy, xiv. 21.
[199]Deuteronomy, xiv. 21.
[200]This was the number at the delivery of this speech. But the circulation has gone on indefinitely.
[200]This was the number at the delivery of this speech. But the circulation has gone on indefinitely.
[201]Navarrete, Vida de Cervantes, p. 38.
[201]Navarrete, Vida de Cervantes, p. 38.
[202]"Art. VI.There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid."—Ordinance for the Government of the Territory Northwest of the River Ohio, July 13, 1787: Journals of Congress, Vol. XII. pp. 92, 93.
[202]"Art. VI.There shall be neither slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid."—Ordinance for the Government of the Territory Northwest of the River Ohio, July 13, 1787: Journals of Congress, Vol. XII. pp. 92, 93.
[203]"8.... It is also agreed, that if any servant run away from his master into any of the confederate jurisdictions, that in such case (upon certificate from one magistrate in the jurisdiction out of which the said servant fled, or upon other due proof) the said servant shall be either delivered to his master or any other that pursues and brings such certificate and proof."—Articles of Confederation between the Plantations, etc., May 29, 1643: Hubbard's History of New England, p. 472.
[203]"8.... It is also agreed, that if any servant run away from his master into any of the confederate jurisdictions, that in such case (upon certificate from one magistrate in the jurisdiction out of which the said servant fled, or upon other due proof) the said servant shall be either delivered to his master or any other that pursues and brings such certificate and proof."—Articles of Confederation between the Plantations, etc., May 29, 1643: Hubbard's History of New England, p. 472.
[204]De Laudibus Legum Angliæ, Cap. XLII.; Coke upon Littleton, 124b. Granville Sharp, in the remarkable testimony already cited (ante, p. 108), quotes Fortescue thus: "For in behalf of Liberty human nature always implores: becauseSlavery is introduced by man, andfor vice; butLibertyis implantedby Godin the very nature ofman: wherefore, when stolen by man, it always earnestly longs to return; as does everything which is deprived ofnatural liberty. For which reason themanwho doesnot favor Libertyis to be adjudgedimpiousandcruel. The laws of England acknowledging these principles give favor toLiberty in every case." After this extract from Fortescue, we are reminded that "Slavery is properly declared by one of our oldest English authorities in law, Fleta, to becontrary to Nature(Fleta, 2d edit. p. 1), which expression of Fleta is really a maxim of the Civil or Roman Law"; and then Sharp predicts the time when "our deluded statesmen, lawyers, commercial politicians, and planters shall be compelled to understand that a more forcible expression of illegality and iniquity could not have been used than that by which Slavery is defined in the Roman code, as well as by our English Fleta,i. e.that it iscontra naturam, against Nature; for, consequently, it must be utterly illegal, a crime which by the first foundation of English law is justly deemed bothimpiousandcruel", and he adds, "The severity of these expressions cannot be restrained without injustice to the high authorities on which this argument is founded." (Letter to the Maryland Society for Promoting the Abolition of Slavery, etc., pp. 6-8.) This testimony of the great English Abolitionist is reinforced, especially with regard to fugitive slaves, when we consider its publication in 1793 by the Abolition Society of Maryland, with the prefatory observation, that, "in the case of slaves escaping from their masters, the friends of universal liberty are often embarrassed in their conduct by a conflict between their principles andthe obligations imposed by unwise and perhaps unconstitutional laws."
[204]De Laudibus Legum Angliæ, Cap. XLII.; Coke upon Littleton, 124b. Granville Sharp, in the remarkable testimony already cited (ante, p. 108), quotes Fortescue thus: "For in behalf of Liberty human nature always implores: becauseSlavery is introduced by man, andfor vice; butLibertyis implantedby Godin the very nature ofman: wherefore, when stolen by man, it always earnestly longs to return; as does everything which is deprived ofnatural liberty. For which reason themanwho doesnot favor Libertyis to be adjudgedimpiousandcruel. The laws of England acknowledging these principles give favor toLiberty in every case." After this extract from Fortescue, we are reminded that "Slavery is properly declared by one of our oldest English authorities in law, Fleta, to becontrary to Nature(Fleta, 2d edit. p. 1), which expression of Fleta is really a maxim of the Civil or Roman Law"; and then Sharp predicts the time when "our deluded statesmen, lawyers, commercial politicians, and planters shall be compelled to understand that a more forcible expression of illegality and iniquity could not have been used than that by which Slavery is defined in the Roman code, as well as by our English Fleta,i. e.that it iscontra naturam, against Nature; for, consequently, it must be utterly illegal, a crime which by the first foundation of English law is justly deemed bothimpiousandcruel", and he adds, "The severity of these expressions cannot be restrained without injustice to the high authorities on which this argument is founded." (Letter to the Maryland Society for Promoting the Abolition of Slavery, etc., pp. 6-8.) This testimony of the great English Abolitionist is reinforced, especially with regard to fugitive slaves, when we consider its publication in 1793 by the Abolition Society of Maryland, with the prefatory observation, that, "in the case of slaves escaping from their masters, the friends of universal liberty are often embarrassed in their conduct by a conflict between their principles andthe obligations imposed by unwise and perhaps unconstitutional laws."
[205]Blackstone, Commentaries, Vol. II. p. 94.
[205]Blackstone, Commentaries, Vol. II. p. 94.
[206]De Libero Arbitrio, Lib. I. c. 5. See Thomas Aquinas, Summa Theologica, 1ma 2dæ, Quæst. XCVI. art. 4; also, Balmez, Protestantism and Catholicity compared in their Effects on the Civilization of Europe, Ch. 53.
[206]De Libero Arbitrio, Lib. I. c. 5. See Thomas Aquinas, Summa Theologica, 1ma 2dæ, Quæst. XCVI. art. 4; also, Balmez, Protestantism and Catholicity compared in their Effects on the Civilization of Europe, Ch. 53.
[207]Magis iniquitas quam lex, magis violentiæ quam leges.Thomas Aquinas, Summa Theol., 1ma 2dæ, Quæst. XC. art. 1, XCVI. art. 4. The supreme duty to God is recognized in a text of St. Basil,Obediendum est in quibus mandatum Dei non impeditur, quoted by Filmer, Patriarcha, Ch. III. § 3.
[207]Magis iniquitas quam lex, magis violentiæ quam leges.Thomas Aquinas, Summa Theol., 1ma 2dæ, Quæst. XC. art. 1, XCVI. art. 4. The supreme duty to God is recognized in a text of St. Basil,Obediendum est in quibus mandatum Dei non impeditur, quoted by Filmer, Patriarcha, Ch. III. § 3.
[208]De Legibus, Lib. I. capp. 15, 16; Lib. II. capp. 5, 6. The conclusion appears in the dialogue between Cicero and his brother Quintus."Marc.Ergo est lex justorum injustorumque distinctio, ad illam antiquissimam et rerum omnium principem expressa naturam...."Quint.Præclare intelligo; nec vero jam aliam esse ullam legem puto non modo habendam, sed ne appellandam quidem."Among moderns, the Abbé de Mably, in an elaborate discussion, adopts the conclusion of Cicero, as well as his treatment of it by dialogue, making his interlocutor, Lord Stanhope, ask, "What other remedy can be applied to this evil than disobedience?" and representing him as "pulverizing without difficulty the miserable commonplaces in opposition."—Des Droits et des Devoirs du Citoyen, Lettre IV.: Œuvres (Paris, 1797), Tom. XI. pp. 249, 251.Cicero was not alone among ancients in submission to an overruling law, nowhere pictured in greater sovereignty than by Sophocles, in a famous verse of theŒdipus Tyrannus:—Μἐγαϛ ἐν τούτοις Θεὀς, ούδἑ γηρἀσκει.Great in these laws is God, and grows not old.
[208]De Legibus, Lib. I. capp. 15, 16; Lib. II. capp. 5, 6. The conclusion appears in the dialogue between Cicero and his brother Quintus.
"Marc.Ergo est lex justorum injustorumque distinctio, ad illam antiquissimam et rerum omnium principem expressa naturam...."Quint.Præclare intelligo; nec vero jam aliam esse ullam legem puto non modo habendam, sed ne appellandam quidem."
"Marc.Ergo est lex justorum injustorumque distinctio, ad illam antiquissimam et rerum omnium principem expressa naturam....
"Quint.Præclare intelligo; nec vero jam aliam esse ullam legem puto non modo habendam, sed ne appellandam quidem."
Among moderns, the Abbé de Mably, in an elaborate discussion, adopts the conclusion of Cicero, as well as his treatment of it by dialogue, making his interlocutor, Lord Stanhope, ask, "What other remedy can be applied to this evil than disobedience?" and representing him as "pulverizing without difficulty the miserable commonplaces in opposition."—Des Droits et des Devoirs du Citoyen, Lettre IV.: Œuvres (Paris, 1797), Tom. XI. pp. 249, 251.
Cicero was not alone among ancients in submission to an overruling law, nowhere pictured in greater sovereignty than by Sophocles, in a famous verse of theŒdipus Tyrannus:—
Μἐγαϛ ἐν τούτοις Θεὀς, ούδἑ γηρἀσκει.Great in these laws is God, and grows not old.
Μἐγαϛ ἐν τούτοις Θεὀς, ούδἑ γηρἀσκει.
Great in these laws is God, and grows not old.
[209]Versus ad Astralabium Filium: Opera (ed. Cousin), Tom. I. pp. 341, 342.
[209]Versus ad Astralabium Filium: Opera (ed. Cousin), Tom. I. pp. 341, 342.
[210]Fugitive Slave Act, September 18, 1850, Sec. 5.
[210]Fugitive Slave Act, September 18, 1850, Sec. 5.
[211]Relation of the Imprisonment of Mr. John Bunyan, written by Himself: Works (Glasgow, 1853), Vol. I. pp. 59, 60. Balmez, the Spanish divine, whose vindication of the early Catholic Church is a remarkable monument, declares, after careful discussion, "that the rights of the civil power are limited, that there are things beyond its province,—cases in which a man may say, and ought to say,I will not obey." (Protestantism and Catholicity Compared, Ch. 54.) Devices to avoid the enforcement of unjust laws illustrate this righteous disobedience,—as where English juries, before the laws had been made humane, found an article stolen to be less than five shillings in value, in order to save the criminal from capital punishment. In the Diary of John Adams, December 14, 1779, at Ferrol, in Spain, there is a curious instance of law requiring that a convicted parricide should be headed up in a hogshead with an adder, a toad, a dog, and a cat, and then cast into the sea; but in a case that had recently occurred the barbarous law was evaded by painting these animals on a hogshead containing the dead body of the criminal. (Works, Vol. III. p. 233.) In similar spirit, the famous President Jeannin, high in the magistracy and diplomacy of France, when called to a consultation on a mandate of Charles the Ninth, at the epoch of St. Bartholomew, said, "We must obey the sovereign slowly, when he commands in anger"; and he concluded by asking "letters patent before executing orders so cruel." (Biographie Universelle, art.Jeannin Pierre.) The remark of Casimir Périer, when Prime-Minister, to Queen Hortense, that it might be "legal" for him to arrest her, but not "just," makes the same distinction. (Guizot, Mémoires pour servir à l'Histoire de mon Temps, Tom. II. p. 219. Seeante. Vol. II. pp. 398, 399.) The case is stated with perfect moderation by Grotius, when he says that human laws havea binding forceonly when they are made in a humane manner, not if they impose a burden which is plainly abhorrent to reason and Nature,—non si onus injungant quod a ratione et natura plane abhorreat. (De Jure Belli ac Pacis, Lib. III. Cap. XXIII. v. 3; also Lib. I. Cap. IV. vii. 2, 3.) These latter words aptly describe the "burden" imposed by the Slave Act.
[211]Relation of the Imprisonment of Mr. John Bunyan, written by Himself: Works (Glasgow, 1853), Vol. I. pp. 59, 60. Balmez, the Spanish divine, whose vindication of the early Catholic Church is a remarkable monument, declares, after careful discussion, "that the rights of the civil power are limited, that there are things beyond its province,—cases in which a man may say, and ought to say,I will not obey." (Protestantism and Catholicity Compared, Ch. 54.) Devices to avoid the enforcement of unjust laws illustrate this righteous disobedience,—as where English juries, before the laws had been made humane, found an article stolen to be less than five shillings in value, in order to save the criminal from capital punishment. In the Diary of John Adams, December 14, 1779, at Ferrol, in Spain, there is a curious instance of law requiring that a convicted parricide should be headed up in a hogshead with an adder, a toad, a dog, and a cat, and then cast into the sea; but in a case that had recently occurred the barbarous law was evaded by painting these animals on a hogshead containing the dead body of the criminal. (Works, Vol. III. p. 233.) In similar spirit, the famous President Jeannin, high in the magistracy and diplomacy of France, when called to a consultation on a mandate of Charles the Ninth, at the epoch of St. Bartholomew, said, "We must obey the sovereign slowly, when he commands in anger"; and he concluded by asking "letters patent before executing orders so cruel." (Biographie Universelle, art.Jeannin Pierre.) The remark of Casimir Périer, when Prime-Minister, to Queen Hortense, that it might be "legal" for him to arrest her, but not "just," makes the same distinction. (Guizot, Mémoires pour servir à l'Histoire de mon Temps, Tom. II. p. 219. Seeante. Vol. II. pp. 398, 399.) The case is stated with perfect moderation by Grotius, when he says that human laws havea binding forceonly when they are made in a humane manner, not if they impose a burden which is plainly abhorrent to reason and Nature,—non si onus injungant quod a ratione et natura plane abhorreat. (De Jure Belli ac Pacis, Lib. III. Cap. XXIII. v. 3; also Lib. I. Cap. IV. vii. 2, 3.) These latter words aptly describe the "burden" imposed by the Slave Act.
Transcriber's NoteThe punctuation and spelling are as in the original publication with the exception of the following:Professor Stearns, who resided in Cambridge, wasoccucupied…was changed toProfessor Stearns, who resided in Cambridge, wasoccupied…… leaning for support on the greatTruimviratewas changed to… leaning for support on the greatTriumvirate
Transcriber's Note
The punctuation and spelling are as in the original publication with the exception of the following:
Professor Stearns, who resided in Cambridge, wasoccucupied…was changed toProfessor Stearns, who resided in Cambridge, wasoccupied…
Professor Stearns, who resided in Cambridge, wasoccucupied…was changed toProfessor Stearns, who resided in Cambridge, wasoccupied…
… leaning for support on the greatTruimviratewas changed to… leaning for support on the greatTriumvirate
… leaning for support on the greatTruimviratewas changed to… leaning for support on the greatTriumvirate