nation, and those of the citizens (Book I. § 128-136.):· where this difficulty is fully answered. Section 61. The subject is very delicate, and we cannot authorize an inconsiderate zeal for making proselytes, without endangering the tranquillity of all nations, and without exposing, even those who are engaged in making converts, to act inconsistently with their duty, at the very time when they believe they are accomplishing the most meritorious work. For it is certainly performing a very bad office to a nation, and doing it an essential injury, to spread in the heart of it, a false and dangerous religion. Now there is no person who does not believe, that his religion alone is true and safe. Recommend, kindle in all hearts an ardent zeal of the missionaries, and you will see Europe overflowed with Lamas, Bonzes and Dervises, while the monks of all kinds, will spread over Asia and Africa; protestant ministers will defy the inquisition in Spain and Italy while the Jesuits will spread themselves among the protestants in order to bring them back into the pale of the church. Let the catholics reproach the protestants as much as they please with their lukewarmness, the conduct of the last is more agreeable to reason, and the law of nation. True zeal applies itself to the task of making a holy religion flourish in the countries where it is received, and of rendering it useful with respect to the manners of the people and to the state; waiting the dispositions of providence, for an invitation from foreign nations, or for a very evident divine mission to preach it abroad, while it finds employment enough in its own country. Let us add, that in order lawfully to undertake to preach a religion to the various people of the world, it is necessary that they should be informed of its truth by the most serious examination. But why! do Christians doubt of their religion? The Mahometan entertains no doubt of his. Be always ready to take advantage of your knowledge, represent clearly, and with sincerity, the principles of your belief, to those who desire to hear you, instruct, persuade by evidence; but seek not to draw by the fire of enthusiasm ; it is enough for each of us to act consistently with our own conscience: do this and none will be refused the light, and a turbulent zeal will not trouble the peace of nations. Section 62. When a religion is persecuted in one country, the foreign nations who profess it may intercede for their brethren: but this is all they can lawfully do, unless the prosecution be carried to an intolerable excess; then indeed it becomes a case of manifest tyranny, in which all nations are permitted to succour an unhappy people (§ 56.). A regard 'to their own safety may also authorize them to undertake the defence of the persecuted. A king of France replied to the embassadors who solicited him to suffer his reformed subjects to live in peace, that he was master in his kingdom. But the protestant sovereigns who saw a conspiracy of all the catholics obstinately bent to their destruction, were also masters with respect to the succouring men who might strengthen their party, and help them to preserve themselves from the ruin with which they were threatened. There is no longer any question to be made in relation to the distinction between different states and nations, when it becomes necessary to unite against madmen, who would exterminate all those who do not implicitly receive their doctrines." Chap. 5. Of the observation of justice, between nations. "Section 63. JUSTICE is the basis of all society, the sure bond of all commerce. Human society far from being an intercourse of assistance and good offices, would be no longer any thing but a vast scene of robbery, if no respect was paid to this virtue, which secures every one in the possession of his property. It is more necessary still between nations, than between the individuals; because injustice has more terrible consequences in the quarrels of these powerful bodies polític, and it is more difficult to obtain redress. The obligation imposed on all men to be just is easily shewn to be a law of nature: we suppose it here to be sufficiently known, and content ourselves with observing, that nations are not only obliged to perform it, (Prelim. § 5.), but that it is still more sacred with respect to them, from the importance of its consequences. Section 64. All nations are then strictly obliged to cultivate justice with respect to each other, to observe it scrupulously, and carefully to abstain from every thing that may violate it. Every one ought to render to others what belongs to them, to respect their rights, and to leave them in the peaceable enjoyment of them. Section 65. From this indispensible obligation which nature imposes on nations, as well as on all those who are bound to practice towards each other, results the right of every state, not to suffer any of its privileges to be taken away, or any thing which lawfully belongs to it; for in opposing this, it acts in conformity to all its duties, and there. in consists the right (§ 49.). Section 66. This right is perfect, that is, accompanied with the right of using force to make it observed. In vain would nature give us a right not to suffer injustice; in vain would it oblige others to be just with respect to us, if we could not lawfully make use of force, when they refused to discharge this duty. The just would be at the mercy of fraud and injustice, and all their rights would soon become useless. Section 67. From whence arises, as from so many branches, first, the right of a just defence, which belongs to every nation; or the right of making use of force against whoever attacks it, and its privileges. This is the foundation of a defensive war. Section 68. Secondly, the right to obtain justice by force, if we cannot obtain it otherwise, or to pursue our right by force of arms. This is the foundation of an offensive war. Section 69. Known justice is, doubtless a species of injury. We have then a right to punish it, as we have shewn above, in speaking of injuries in general (52). The right of not suffering injustice is a branch of the right of security. Section 70. Let us apply to the unjust, what we have said above (§ 53.) of a mischievous, or maleficent nation. If there be any that makes an open profession of trampling justice under foot, of despising and violating the rights of others, whenever it finds an opportunity, the interest of human society will authorize all others to unite in order to humble and chastise it. We do not here forget the maxim established in our preliminaries, that it does not belong to nations to usurp the power of being judges of each other. In particular cases, liable to the least doubt, it ought to be supposed, that each of the parties may have some right: and the injustice of that which has committed the injury, may proceed from error, and not from a general contempt of justice. But if by constant maxims, and by continued conduct, one-nation shews that it has evidently this pernicious disposition, and that it considers no right as sacred, the safety of the human race requires, that it should be suppressed. To form and support an unjust pretension is to do an injury, not only to him who is interested in his pretentions but to mock at justice in general, and to injure all nations." Franklin proceeded. Penal laws are to be construed with the utmost strictness; and this act appears to me to be intended only to apply to individuals acting from their own authority or the authority of others not vested with any state powers. Pennsylvania is a free, sovereign and independent state, and has a right to call upon her citizens to protect her just rights and privileges. They are bound by their allegiance to defend her from every unjust attack. By entering into the union the individual states, lost not their sovereign rights, and every state must possess the means of self-preservation. There is no state on the continent more firmly attached to the peace and happiness of the federal union than Pennsylvania; she has taken every occasion to express her attachment, and has manifested it in a variety of instances. The necessity of preserving the federal compact strong and unimpaired is deeply impressed on the minds of every citizen of Pennsylvania; there can be no danger, then, of this object being lost, when the mind of every man in the state is strongly attached to it. But I hope that it is not to the name, but to the blessings of union that we are attached. The security of our liberty and happiness is the object we ought to have in view in wishing to continue the union. If instead of these, we endanger them, the name of union will be but a trivial consolation. The opposition made by Pennsylvania was not to the laws of the United States, but to a judgment or decree of a court of the United States, in a case in which she conceived it had no jurisdiction. But whether the government of Pennsylvania were right or wrong the defendants did no more than their duty in obeying the orders which they received; they were positive and explicit: they were issued by the governor of the state, who is declared by the constitution (Art. 2. s. 7.) to be com mander in chief of the army and navy of the commonwealth, and of the militia, except when they are called into the actual service of the United States. By the laws of Pennsylvania heavy penalties are imposed upon those of the militia who refuse to turn out when called on, or to obey the orders of their superior officers. Extract from state law vol. 8. page 307-8, "It shall also be the duty of each Brigade Inspector when any class or classes of the militia are called to perform any tour of duty, immediately to notify every officer whose tour of duty it may be, and shall cause each noncommissioned officer and private so called to be notified by a written or printed notice in the following words: Take Notice, That you are M hereby required personally, or by sufficient substitute, to approperly armed, and equipped for service, pear t at the hour of to march when required. on the 'hand the on the day of day of Given under my A. B. Captain.' By being delivered to him personally, or left at his house, or usual place of abode at least three days before the time of assembling the said militia by the commanding officer of each company, or by a sergeant or other fit person under his orders, who shall if required, prove such notice on oath or affirmation, unless the governor on a sudden exigency, shall think proper to order any part of the militia into immediate and actual service; in which case the notice mentioning such special order shall be given for immediate attendance, and any person refusing or neglecting to perform such tour or duty shall pay a fine of sixteen dollars per month, for every such offence." The defendants constituted part of the militia. General Bright was commander of the first brigade of the first division, and the other defendants were officers and soldiers under him. He received his orders immediately from the governor, and the other defendants from him. They were all bound to obey. General Bright was bound to obey the governor as commander in chief, and the other defendants were bound to obey him as their superior officer. As soldiers, there was no room for hesitation They could not with propriety wait to examine into the constitu. tionalty, or legality of their orders. For if it be once admitted that soldiers have a right to question the commands of their superior officers, it puts then an end, at once to every idea of military discipline. Whatever therefore may be your opinion of the conduct of the United States, the state, the legislature, or the governor, these defendants are free from censure, and from blame; but, if you doubt upon that subject, it is your duty to acquit. I have thus, gentlemen, given you an outline of the defence, and it will be fully filled up by the learned gentleman who is to follow me. Mr. Dallas. At the request of the opposite counsel, I shall now proceed, upon a full view of the evidence and the law, to assign the general reasons, in maintenance of, this highly interesting and important prosecution. The introductory principles, which I had the honor to advance, have, I hope, facilitated a just application of the facts and the arguments, |