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Prometheus, set free by Hercules, is united again to Asia. And now, with the tyranny of wrongful power, "The loathsome mark has fallen, the mall remains Sceptreless, free, uncircumscribed, but man Equal, unclassed, tribeless, and nationless, Exempt from awe, worship, degree, the king Over himself; just, gentle, wise." The fourth act is an epilogue in which, to quote Mrs.
Great Britain at the time of the American Civil War, according to an earlier British note, "in spite of remonstrances from many quarters, placed full reliance on the American prize courts to grant redress to the parties interested in cases of alleged wrongful capture by American ships of war and put forward no claim until the opportunity for redress in those courts had been exhausted."
Such persons had revolted not against England, but against England's wrongful acts; not against the authority of law, but against the perversion of law. To them the Declaration of Independence was a splendid piece of rhetoric intended only to inflame the mind with a sense of injury, and to nerve the heart to determined resistance.
XLVII. Now when Scipio and Hypsæus and Milo were candidates for the consulship, and were employing not merely those wrongful ways that were now familiar and had become usual in matters political, the giving of gifts and bribery, but were plainly pushing on through arms and slaughter to civil war, in their daring and madness, and some persons were urging Pompeius to preside over the comitia, Cato at first opposed this and said, that the laws should not owe their maintenance to Pompeius, but that Pompeius should owe his security to the laws.
These were imaged under various animal forms, serpents and scorpions being the favorite ones. When possession was taken of the field, the spirits inhabiting it had to be propitiated. The owner placed himself under their protection, and endeavored to insure his rights against wrongful encroachment by calling upon the demons to range themselves on his side.
Generalizations of this kind are largely responsible for the wrongful tendency to reject from the dietary many altogether harmless articles. There would be little left for a nursing mother to eat if she avoided every article of food which one person or another assures her will damage her milk.
Thus understood, there could not have been a succession between a person dispossessed of a thing against his will and the wrongful possessor. Without the element of consent there is no room for the analogy just explained.
The essence of the other is that security of person and property is dependent upon the will of the ruler. Nowhere is this shown more clearly than in India. The remedy of the poorest peasant in the country against any wrongful action of the Government in India is far clearer and more simple than the remedy of the richest and most influential man against the Government in England.
Choate said: "The discharge from the vessel and landing short of the port of destination and failure to deliver at that port, constitute wrongful acts as against all owners of innocent cargoes." And he pointed out the inconsistency of the position since it was not claimed that any but British subjects could be guilty of any violation of the English prohibition against trading with the enemy.
Leaving the criminal law on one side, what is the difference between the liability under the mill acts or statutes authorizing a taking by eminent domain and the liability for what we call a wrongful conversion of property where restoration is out of the question. In both cases the party taking another man's property has to pay its fair value as assessed by a jury, and no more.
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