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He also took that occasion to insist upon an explanatory article concerning a clause in Wayne's treaty with the Indians, by which they had agreed to allow no trader to reside among them, unless licensed by the authorities of the United States; for it seemed to be in contradiction with the provisions of the treaty under consideration, a mutual free-trade with the Indian tribes being guarantied thereby.
Another important personal right comprehended in the term personal liberty, and guarantied in the same article of the national constitution, and in the state constitutions, is the liberty of speech and of the press. Some of the monarchical governments of Europe prohibited the people from speaking against the sovereign or his government.
But it may be said, if each nation is independent of every other, and if there is no constituted authority to enforce the fulfillment of treaty stipulations, the rights guarantied by treaties are still insecure. But few governments are so devoid of a sense of honor as, by a palpable violation of treaty obligations, to incur the odium and condemnation of all mankind.
His reasonable privileges were respected as much as if they had been guarantied under hand and seal. The Doctor lent him books from his own library, and gave him all friendly counsel, as if he were a son or a younger brother.
At the same time the state is guarantied against sedition, insurrection, rebellion, revolution, by the elevation of the civic virtues to the rank of religious, virtues, and making loyalty a matter of conscience. Religion is brought to the aid of the state, not indeed as a foreign auxiliary, but as integral in the political order itself.
Accordingly, by the fourth article of the treaty, "His most Christian Majesty renounced all pretensions which he had heretofore formed, or might form, to Nova Scotia, or Acadia, in all its parts, and guarantied the whole of it, with all its dependencies, to the King of Great Britain; as also Canada, with all its dependencies; Cape Breton, and all the other islands and coasts in the Gulf of St.
We should expect that institutions which guarantied to each individual a livelihood, without the necessity of physical labor or the responsibility of supporting a family, might in time come to be incumbered with many votaries in whom indolence and improvidence were the only impelling motives. In all ages of the world the unspiritual are the majority, the spiritual the exceptions.
Freedom in matters of religion, freedom of speech and of the press, and the right to petition the government for the redress of grievances, guarantied in the first article, are rights so essential to civil liberty, and so evidently just, that it can hardly be presumed that congress would ever have passed laws directly violating these rights, even though such laws had not been prohibited.
That, notwithstanding the said express provision and agreement, Mahdajee Sindia proceeded to attack the forts and lay waste the territories of the said Ranna, and did undertake and prosecute a war against him for the space of two years, in the course of which the Ranna and his family were reduced to extreme distress, and in the end he was deprived of his forts, and the whole not only of his acquired possessions, but of his original dominions, so specially guarantied to him by the British government in both the above-mentioned treaties.
They agreed to offer their mediation to the contending powers, and oblige France to adhere to this alternative, and Spain to accept of it. If Spain refused, they agreed that France should not prosecute her claim by arms, but leave it entirely to England and Holland to employ force for making the terms effectual. And the remainder of the Low Countries they thenceforth guarantied to Spain.
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