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Updated: June 27, 2025
And I cannot conceive a fairer, a more accurate, or a more comprehensive test of the genius and tendency of a religion, than simply the condition of that country where the making of the law, the administration of the law, the control of all persons, the regulation of all affairs, and the adjudication of all questions, are done by that religion; and where, with no one impediment to obstruct it, and with every conceivable advantage to aid it, it can exhibit all its principles and accomplish all its objects.
If the property cannot be conveniently divided as a slave, for instance, or a mule it ought to be adjudged entirely to one only of the jointowners, who should be ordered to pay a fixed sum to the other as compensation. 6 In an action for rectification of boundaries the judge ought to examine whether an adjudication of property is actually necessary.
And nothing can better illustrate the inherent vice of the American constitutional system than that it should have been possible, in 1853, to devise and afterward present to a tribunal, whose primary purpose was to administer the municipal law, a set of facts for adjudication, on purpose to force it to pass upon the validity of such a statute as the Missouri Compromise, which had been enacted by Congress in 1820, as a sort of treaty of peace between the North and South, and whose object was the limitation of the spread of slavery.
I am confident that the Congress of the United States well understands the facts and is ready to wage unceasing warfare against those who seek a continuation of that spirit of fear. The carrying out of the laws of the land as enacted by the Congress requires protection until final adjudication by the highest tribunal of the land.
While upon earth, the arrangements are such that we cannot see every thing, and must walk by faith, because it is a state of probation; but when once in eternity, all the arrangements are such that we cannot but see every thing, and must walk by sight, because it is the state of adjudication.
All the means within their control were therefore brought into requisition to expedite the adjudication of claims, and I am gratified to be able to state that near 100,000 applications have been considered and about 70,000 warrants issued within the short space of nine months.
But the presumption is, that, even after this statute was passed in 1750, if the slave trader's right of property in the slave he was bringing to America, could have been brought before an English court for adjudication, the same principles would have been held to apply to it, as would have applied to a case arising within the island of Great Britain.
Allowances must be made, so many and so various; compensations or balances struck upon so many diversities of situation; there is so much difference in the modes of warfare offensive and defensive; the financial means, the available alliances, and other resources, are with so much difficulty appraised in order to raise ourselves to that station from which the whole question can be overlooked, that nothing short of a general acquaintance with the history, statistics, and diplomacy of the two periods, can lay a ground for the solid adjudication of so large a comparison.
"Second, That 'all cases involving title to slaves, and 'questions of personal freedom, are referred to the adjudication of the local tribunals with the right of appeal to the Supreme Court of the United States.
The war-vessel has the right of "visit and search" on all merchant-ships, enemy or neutral. It has also the right, in case the cargo of the merchant-ship appears to include more than a certain percentage of contraband, to capture it and take it into a port for adjudication as a prize. But here the right of the war-vessel stops.
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