tim than instrument of wrong. Better even the poor slave returned to bondage than the wretched Commissioner.

There is, Sir, an incident of history which suggests a parallel, and affords a lesson of fidelity. Under the triumphant exertions of that Apostolic Jesuit, St. Francis Xavier, large numbers of Japanese, amounting to as many as two hundred thousand, among them princes, generals, and the flower of the nobility, were converted to Christianity. Afterwards, amidst the frenzy of civil war, religious persecution arose, and the penalty of death was denounced against all who refused to trample upon the effigy of the Redeemer. This was the Pagan law of

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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. See ante, Vol. II. pp. 398, 399.) The case is stated with perfect moderation by Grotius, when he says that human laws have a binding force only 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 abhor(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.

reat.

a Pagan land. But the delighted historian records, that from the multitude of converts scarcely one was guilty of this apostasy. The law of man was set at nought. Imprisonment, torture, death, were preferred. Thus did this people refuse to trample on the painted image. Sir, multitudes among us will not be less steadfast in refusing to trample on the living image of their Redeemer.

Finally, Sir, for the sake of peace and tranquillity, cease to shock the Public Conscience; for the sake of the Constitution, cease to exercise a power nowhere granted, and which violates inviolable rights expressly secured. Leave this question where it was left by our fathers, at the formation of our National Government, -in the absolute control of the States, the appointed guardians of Personal Liberty. Repeal this enactment. Let its terrors no longer rage through the land. Mindful of the lowly whom it pursues, mindful of the good men perplexed by its requirements, in the name of Charity, in the name of the Constitution, repeal this enactment, totally and without delay. There is the example of Washington; follow it. There also are words of Oriental piety, most touching and full of warning, which speak to all mankind, and now especially to us: "Beware of the groans of wounded souls, since the inward sore will at length break out. Oppress not to the utmost a single heart; for a solitary sigh has power to overturn a whole world."

ANDREW J. DOWNING, THE LANDSCAPE GARDENER.

SPEECH IN THE SENATE, IN FAVOR OF AN ALLOWANCE TO THE WIDOW OF THE LATE ANDREW J. DOWNING, AUGUST 26, 1852.

THE Civil and Diplomatic Appropriation Bill being under consideration, Mr. Pearce, of Maryland, under instructions from the Committee on Finance, moved the following amendment ::

"For the payment of the arrears of salary due to the late Rural Architect, A. J. Downing, deceased, from the 1st of May, 1852, to the date of his death, and a further allowance to his widow, equal to the salary for one year, $2,500: Provided, that the said sum shall be in full of all claim for the services of the said deceased, and for all models, specifications, and drawings, designed for the benefit of the United States, which are not in its possession." In the course of the debate which ensued, Mr. Sumner spoke as follows.

MR.

R. PRESIDENT,- The laborer is worthy of his hire; and I believe at this moment there is no question of charity to the widow of the late Mr. Downing. The simple proposition is, to make compensation for services rendered to the United States by this eminent artist as superintendent of the public grounds in Washington. And since the plans he has left behind and the impulse he has given to improvements here by his remarkable genius will continue to benefit us, though he has been removed, it is thought reasonable to continue his salary to the close of the unexpired year from which it commenced. These plans alone have been valued at five thousand dollars, and we are to have the advantage of them. In pursuance of these,

his successor will be able to proceed in arranging the public grounds, and in embellishing the national capital, without further expenditure for others. Thus, as I said at the outset, it is not a question of charity, but of compensation; and on this ground I doubt not the estate of the departed artist deserves the small pittance it is proposed to pay. For myself, I should be much happier to vote a larger appropriation, believing, that, over and above the services actually rendered in the discharge of his duties, these plans are amply worth it, and that we shall all feel better by such recognition of our debt.

Few men in the public service have vindicated a title to regard above Mr. Downing. At the age of thirtyseven he has passed away, "dead ere his prime," - like Lycidas, also, "floating upon his watery bier," 1- leaving behind a reputation above that of any other citizen in the beautiful department of Art to which he was devoted. His labors and his example cannot be forgotten. I know of no man among us, in any sphere of life, so young as he was at his death, who has been able to perform services of such true, simple, and lasting beneficence. By wide and active superintendence of rural improvements, by labors of the pen, and by the various exercise of his genius, he has contributed essentially to the sum of human happiness. And now, Sir, by practical services here in Washington, rendered at the call of his country, he has earned, it seems to me, this small appropriation, not as a charity to his desolate widow, but as a remuneration for labor done. I hope the amendment will be agreed to.

1 Mr. Downing was accidentally drowned in the Hudson River.

THE PARTY OF FREEDOM: ITS NECESSITY AND PRACTICABILITY.

SPEECH AT THE STATE CONVENTION OF THE FREE-SOIL PARTY OF MASSACHUSETTS, HELD AT LOWELL, SEPTEMBER 15, 1852.

THE annual State Convention of the Free-Soil Party of Massachusetts met at Lowell September 15, 1852. It was organized with the following officers: Hon. Stephen C. Phillips, of Salem, President, Rodney French, of New Bedford, George B. Atwood, of Taunton, William Jackson, of Newton, George F. Williams, of Boston, Charles Beck, of Cambridge, John B. Alley, of Lynn, Benjamin F. Thompson, of Winchester, John Nesmith, of Lowell, John Edgell, of Gardner, Francis Bates, of Springfield, Calvin Marden, of Pittsfield, Vice-Presidents, George M. Brooks, of Concord, Edmund Anthony, of New Bedford, William S. Robinson, of Lowell, Andrew J. Aiken, of Adams, Benjamin F. White, of Weymouth, Secretaries.

Eloquent speeches were made by the President, Hon. S. C. Phillips, Hon. Henry Wilson, Hon. John W. Graves, Hon. E. L. Keyes, Hon. Rodney French, Dr. Caleb Swan, Richard H. Dana, Jr., Esq., Hon. Horace Mann, Hon. Amasa Walker, Hon. Anson Burlingame, and Seth Webb, Jr., Esq. The resolutions adopted by the Convention were reported by Hon. C. F. Adams. Hon. Horace Mann was nominated as candidate for Governor, and Hon. Amasa Walker as candidate for Lieutenant-Governor.

Early in the proceedings Mr. Sumner was introduced to the audience by the President. This incident is copied from the report in the papers, as is also the speech which he made, with the interruptions.

"The President remarked, that there was one gentleman present whom the Convention would all delight to hear: he alluded to our distinguished Senator in Congress, Hon. Charles Sumner.

"The name of Mr. Sumner was received with three times three' rousing cheers, and the waving of hats, canes, handkerchiefs, &c.; which demonstrations of regard were renewed as he made his appearance on the platform.”