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But, in the first place, he should be well acquainted with their different kinds. He should know, for instance, that every judicial controversy must turn either upon a matter of fact, or upon the meaning of some particular expression. As to the former, this must always relate either to the reality of a fast, the equity of it, or the name it bears in law.
Law, as it is applied in America, is a process lacking in equity and justice. It is circumvented by $-s for the benefit of the rich, a menace to the poor man, binding on the needy burdens that kill, or lead to despair. Jesus Christ did not make law; he only indicated the presence of the higher law the scientific law that must rule all life on this planet ere justice to all can ever prevail.
For you know that the justice which should rule the dealings of Christians, how much more of Christian ministers, is not as the justice of courts of law or equity; and those who profess the morality of Jesus Christ have abjured, in that profession, all that can be urged by policy or worldly prudence.
It further ordains That in no case of law or equity decided in the courts of the State wherein shall be drawn in question the authority of this ordinance, or the validity of such act or acts of the legislature as may be passed for the purpose of giving effect thereto, or the validity of the aforesaid acts of Congress imposing duties, shall any appeal be taken or allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that purpose; and the person or persons attempting to take such appeal may be dealt with as for a contempt of court.
Surely if we acknowledge the first principles of justice, or if we admit the slightest claims of humanity on behalf of these debased, but harshly treated people, we are bound, in honour and in equity, to afford them that subsistence which we have deprived them of the power of providing for themselves.
For France having begun by despatching auxiliaries to the assistance of the Genoese , ended by buying the island from the Genoese senate, with a sort of equity of redemption an iniquitous transaction, as Rousseau justly called it, equally shocking to justice, humanity, reason, and policy.
Talking of the sale of an estate of an ancient family, which was said to have been purchased much under its value by the confidential lawyer of that family, and it being mentioned that the sale would probably be set aside by a suit in equity, Dr.
On the second part of the trait I may remark, that it is possible, in the case of tithes, where their temper has been tried by expensive distraints, and hard imprisonments, that they may utter a harsh expression against a system which they believe to be anti-Christian, and which they consider also as repugnant to equity, inasmuch as it compels them to pay labourers, who perform work in their own harvest; but this feeling is only temporary, and is seldom extended beyond the object that produces it.
In the mathematical nature of things, equity did not reside in the punishment to be accorded him. The punishment was a foregone conclusion, there could be no doubt of that; and though it was capital, Imber had but one life, while the tale against him was one of scores. In fact, the blood of so many was upon his hands that the killings attributed to him did not permit of precise enumeration.
The thread of life cannot be shorn between successive generations, except upon grounds which will in equity involve its being shorn between consecutive seconds, and fractions of seconds. On the other hand, it cannot be left unshorn between consecutive seconds without necessitating that it should be left unshorn also beyond the grave, as well as in successive generations.
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