hundred Angola negroes. It would be curious to Guinea captain attempting at the same instant to his proclamation of liberty, and to advertise his slaves. et us suppose all these moral difficulties got over. 5 an remains. You cannot pump this dry; and as it continues in its present bed, so long all the which weaken authority by distance will continue. "Ye gods, annihilate but space and time, And make two lovers happy!" ious and passionate prayer; but just as reasonable y of the serious wishes of grave and solemn poli , Sir, it seems almost desperate to think of any e course for changing the moral causes (and not 15 sy to remove the natural) which produce prejureconcilable to the late exercise of our authority; the spirit infallibly will continue, and, continuing, duce such effects as now embarrass us; the second der consideration is to prosecute that spirit in its 20 ts as criminal. is proposition I must pause a moment. The thing great deal too big for my ideas of jurispruIt should seem to my way of conceiving such that there is a very wide difference, in reason and 25 between the mode of proceeding on the irregular of scattered individuals, or even of bands of men turb order within the state, and the civil dissenhich may, from time to time, on great questions, the several communities which compose a great 30 eigh) at the bar. I hope I am not ripe to pass the gravest public bodies, intrusted with maggreat authority and dignity, and charged with of their fellow-citizens, upon the very same am. I really think that, for wise men, this is us; for sober men, not decent; for minds tinchumanity, not mild and merciful. Sir, I am mistaken in my idea of an Empire, ished from a single State or Kingdom. But it is this; that an Empire is the aggregate of es under one common head, whether this head be or a presiding republic. It does, in such confrequently happen (and nothing but the dismal, uniformity of servitude can prevent its happenhe subordinate parts have many local privileges ities. Between these privileges and the supreme thority the line may be extremely nice. Of utes, often, too, very bitter disputes, and much will arise. But though every privilege is an in the case, from the ordinary exercise of the uthority, it is no denial of it. The claim of a seems rather, ex vi termini, to imply a superior or to talk of the privileges of a State, or of a has no superior, is hardly any better than onsense. Now, in such unfortunate quarrels component parts of a great political union of es, I can scarcely conceive anything more comrudent than for the Head of the Empire to inf any privilege is pleaded against his will, or is whole authority is denied; instantly to prolion, to beat to arms, and to put the offending under the ban. Will not this, Sir, very soon provinces to make no distinctions on their part? teach them that the Government, against which liberty is tantamount to high treason, is a Govwhich submission is equivalent to slavery? It We are the necess confess th thing that I am exce stern, ass something these hesi that, in m sense of superior that the favor wo tence; u which, in not the m of all in weight w I see the point of criminal decided t every no fairs, int the judge There that this the prese which is sons who claring a merly ad Act of H is declare any steps tion of ar e, indeed, in all disputes with the Colonies, by sity of things, the judge. It is true, Sir. But I hat the character of judge in my own cause is a t frightens me. Instead of filling me with pride, eedingly humbled by it. I cannot proceed with a sured, judicial confidence, until I find myself in g more like a judicial character. I must have itations as long as I am compelled to recollect ny little reading upon such contests as these, the mankind has, at least, as often decided against the 10 as the subordinate power. Sir, let me add, too, opinion of my having some abstract right in my uld not put me much at my ease in passing sennless I could be sure that there were no rights - their exercise under certain circumstances, were 15 nost odious of all wrongs and the most vexatious njustice. Sir, these considerations have great ith me, when I find things so circumstanced that same party at once a civil litigant against me in right and a culprit before me, while I sit as a 20 judge on acts of his whose moral quality is to be upon the merits of that very litigation. Men are w and then put, by the complexity of human afto strange situations; but justice is the same, let e be in what situation he will. is, sir, also a circumstance which convinces me mode of criminal proceeding is not, at least in ent stage of our contest, altogether expedient; nothing less than the conduct of those very pero have seemed to adopt that mode by lately de- 30 rebellion in Massachusetts Bay, as they had fordressed to have traitors brought hither, under an alified hostility towards an independent power unishment of rebellious subjects. All this seems onsistent; but it shows how difficult it is to apjuridical ideas to our present case. situation, let us seriously and coolly ponder. t we have got by all our menaces, which have y and ferocious? What advantage have we dea the penal laws we have passed, and which, for have been severe and numerous? What advances ade towards our object by the sending of a force land and sea, is no contemptible strength? Has ler abated? Nothing less. When I see things uation, after such confident hopes, bold promises, e exertions, I cannot, for my life, avoid a suspithe plan itself is not correctly right. he removal of the causes of this spirit of Ameriy be, for the greater part, or rather entirely, ime; if the ideas of criminal process be inapplicaif applicable, are in the highest degree inexwhat way yet remains? No way is open but the last-to comply with the American spirit as ; or, if you please, to submit to it as a necessary adopt this mode; if we mean to conciliate and let us see of what nature the concession ought to scertain the nature of our concession, we must eir complaint. The Colonies complain that they the characteristic mark and seal of British freeey complain that they are taxed in a Parliament hey are not represented. If you mean to satisfy all, you must satisfy them with regard to this . If you mean to please any people, you must the boon which they ask; not what you may ter for them, but of a kind totally different. ɩct may be a wise regulation, but it is no conces SIR, I t day to right of I put it ing in will you fond of consider the poli giving a reserved far all an exer whether, involved arable f questions where re only thic thorities sure foo ink you must perceive that I am resolved this ave nothing at all to do with the question of the taxation. Some gentlemen startle-but it is true; totally out of the question. It is less than nothny consideration. I do not indeed wonder, nor 5 , Sir, that gentlemen of profound learning are displaying it on this profound subject. But my ation is narrow, confined, and wholly limited to y of the question. I do not examine whether the way of a man's money be a power excepted and 10 out of the general trust of government, and how mankind, in all forms of polity, are entitled to -ise of that right by the charter of nature; or, on the contrary, a right of taxation is necessarily in the general principle of legislation, and insep- 15 om the ordinary supreme power. These are deep 5, where great names militate against each other; ason is perplexed; and an appeal to authorities kens the confusion. For high and reverend aulift up their heads on both sides, and there is no 20 ting in the middle. This point is the great Betwixt Damiata and Mount Casius old, intend to be overwhelmed in that bog, though in 25 |