[149] See the case in Kelyng's Reports (London, 1708), p. 52. The opinion of Justice Jones was only the charge of an inferior judge given to the grand-jury in 1634.
[150] 13 Mass. Rep. 356.
[151] 2 Campbell, Judges, 406.
[152] Wharton, State Trials, 653. See too Virginia Resolutions (Richmond, 1850), Preface, xiii. et seq.; Virginia Resolutions by Madison, and his Report thereon; Kentucky Resolutions by Jefferson, in 4 Eliot's Debates (1836).
[153] Wharton, 197; 3 Dallas, 384; see 5 Hildreth, 230.
[154] See a defence of them in 2 Gibbs's Administration, 74, 78; also 162.
[155] Wharton, 539; Kelyng, R. 70, 75.
[156] 4 Hildreth, 571; 1 Gibbs, 300; 2 Gibbs, 419.
[157] Wheaton, 458; 9 Adams's Works, 57; 2 Gibbs, 360; 5 Hildreth, 366; Chase's Trial, 18.
[158] Wharton, 333; 4 Jefferson's Works (1853), 262.
[159] Wharton, 659.
[160] Wharton, 45, 688; Chase's Trial, 33; 4 Jefferson, 445, 447.
[161] 4 Jefferson, Correspondence in Wharton, 721.
[162] 2 Sess. 26th, Cong. Doc. 86, Ho. Rep.; Wharton, 344, 679. See also Virginia Resolutions (1850), and the remarks in the Debates. Then Virginia was faithful to State Rights, and did a service to the cause of Liberty which no subsequent misconduct should make us forget.
[163] 2 Einleitung in die Geschichte des neunzehnten Jahrhunderts; Leipzig, 1853. 8vo. pp. 181.
[164] See Preface to English Translation of Gervinus (London, 1853); and Allg. Lit. Zeitung für 1853, pp. 867, 883, 931, 946, 994, 1131.
[165] 16 Examiner, 321; 17 ibid. 127; Boston Atlas, July 8th and 9th, 1834.
[166] See several cases of this kind in Sullivan on Abolition of Punishment of Death, (N.Y. 1841), 73. Rantoul's Works, 459.
[167] Forsyth, 241, 243.
[168] Thomas Smith, Commonwealth, (London, 1589,) b. iii. c. 1. Hargrave, in 6 St. Tr. 1019.
[170] 1 St. Tr. 445.
[171] 6 St. Tr. 967, note; Bushell's Case, Ibid. 999, and Hargrave's note, 1013.
[172] 2 Campbell, Justices, 405; 6 St. Tr. 910; Kelyng, 50; 3 Hallam, 6, note; Commons Journals, 16 Oct. 1667.
[173] 4 Parl. Hist. 1224.
[174] 16 Peters, 616.
[175] 20 Anti-Slavery Report, 28 and 21; Ibid. 34.
[176] History of the Trial of Castner Hanway and others for Treason (Philadelphia, 1852), 35.
[177] 20 Anti-Slavery Report, pp. 30, 31.
[178] History, 55, 57; Report, 19; 2 Wallace.
[179] 16 Peters, Prigg v. Penn.
[180] See Report of Trial of Castner Hanway, Phil. 1852.
[181] The learned counsel for the fugitive slave bill confounds two events. The Stamp Act was passed March 22d, 1765, and repealed the 28th of the next March. The tea was destroyed December 16th, 1773.
[182] Report in Boston Courier of November 27th, 1850.
[183] The learned counsel for the slaveholders probably referred to Eph. vi. 5; or Coloss. iii. 22; or Tit. ii. 9; or 1 Pet. ii. 18.
[184] Daily Advertiser, Dec. 7th, 1832. Mr. Sewall, the early and indefatigable friend of the slave, asked the Court to appoint a guardian ad litem for the child, who was not 14, who should see that he was not enslaved. But the slaveholder's counsel objected, and the Judge (Shaw) refused; yet to his honor be it said in a similar case in 1841, when Mr. Sewall was counsel for a slave child under the same circumstances, he delivered him to a guardian appointed by the Probate Court. 3 Metcalf, 72.
[185] Med. Case, 1836.
[186] On this see Hildreth's Despotism, 262, 280. Commissioner Loring considers that the fugitive slave bill commissioners have "judicial duties." Remonstrance to General Court, 2.
[187] See Mr. Curtis's letter in Daily Advertiser of February 7, 1855.
[189] See the speech in Boston Courier of November 27th, with the editorial comment, and in Daily Advertiser of 28th, Thanksgiving Day. See also the Atlas of November 27th. The Sermon is in 2 Parker's Speeches, 241.
[190] See Boston Journal of May 29, and Boston Courier of June 7, 1854.
[191] New York Tribune, January 15, 1855.
[192] Daily Advertiser, February 7, 1855.
[193] Law Reporter, August, 1854.
[194] 2 Parker's Additional, 280.
[197] Jones's "opinion" relates to a case of murder by the advice of an absent person, not at all to suicide by the advice of another, so it could not apply to the case of Bowen.
[198] 2 Campbell's Justices, 406.
[200] Parl. Hist. 290; 3 St. Tr. 844, 1181, 162; 2 Echard, 186.
[201] See above, p. 23, 39, 113, 125; 1 Campbell, Ibid. 406; 6 St. Tr. 76, 229, 171, 532, 769, 879, 992; Pepys' Diary, 17 Oct., 1667; Commons Journal, 16th Oct., 1667.
[202] 1 Wharton, 636; Kelyng, 1-24, 70-77; 6 St. Tr. 879.
[203] 2 Parker's Additional, p. 281.
[204] Evening Traveller, Oct. 16.
[205] Quincy's Quincy, 68.
[206] Gazette, Feb. 10, 1772.
[207] 2 Singer's Shakspeare, 192.
[208] 2 Occasional Speeches, 164, 165, and 172.
[209] Ibid., 207, 208.
[210] 2 Occasional Sermons, 239, 240.
[211] 2 Occasional Sermons, 256, 257, 258.
[213] 1 Parker's Additional Speeches, 55.
[214] 2 Parker's Occasional Sermons, pp. 298-300, 301, 302, 304, 305.
[215] 2 Parker's Occasional Sermons, p. 334-337, 343-348, 351, 352.
[216] 2 Parker's Occasional Sermons, p. 392-394.
[217] 1 Parker's Additional Speeches, p. 50, 70, 88, 89, 92, 93, 100, 101.
[218] 1 Parker's Additional Speeches, 235-37, 246-47.
[219] 1 Parker's Additional Speeches, p. 351, 352, 357-359, 368, 369.
[220] Med Case, p. 9, 11.
[221] 2 Parker's Additional, 74, 75, 81, 83.
[222] Parker's Additional, 167, 168, 169, 170, 171, 172.
[223] See the communications of Messrs. Chas. P. Curtis and Thomas B. Curtis, in the Boston Daily Advertiser of June, 1854; and the other articles setting forth the facts of the case.
[224] Med Case, p. 25.
[225] Art. iv. § 2, ¶ 2.
[226] In 2 Kennett, 753.