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Updated: June 22, 2025


Harte, that you are to be at Leipsig by next Michaelmas; where you will be lodged in the house of Professor Mascow, and boarded in the neighborhood of it, with some young men of fashion. The professor will read you lectures upon 'Grotius de Jure Belli et Pacis, the 'Institutes of Justinian' and the 'Jus Publicum Imperii; which I expect that you shall not only hear, but attend to, and retain.

Hence the ius sacrum, the body of rights and duties in the matter of religion, is regarded as a department of the ius publicum, the fundamental constitution of the state, and it is significant, as Marquardt has observed, that it was Numa, a king and lawgiver, and not a prophet or a poet, who was looked upon as the founder of the Roman religion.

I was the negotiator between them; and had so much trouble in it, that I would much rather negotiate the most difficult point of the 'jus publicum Sacri Romani Imperii' with the whole Diet of Ratisbon, than negotiate any point with any woman.

The peasant could, indeed, confute the long-eared multitude by showing piggy; but were I to fail as a knight with a white and maiden shield, and then vindicate my claim to attention by putting "By the Author of Waverley" in the title, my good friend Publicum would defend itself by stating I had tilted so ill, that my course had not the least resemblance to my former doings, when indisputably I bore away the garland.

The Lawyers who have best handled the questions relating to the Law of Nations and Jus publicum, are Vasquès, Hotoman, and Gentilis. After the acquisition of these several branches of knowledge, the study of History will be extremely useful, by the application which may be made of the examples to the precepts.

'Lei Padrone', and I give you your choice: would you pass the months of November and December at Brunswick, Cassel, etc.? Would you choose to go for a couple of months to Ratisbon, where you would be very well recommended to, and treated by the King's Electoral Minister, the Baron de Behr, and where you would improve your 'Jus publicum'? or would you rather go directly to Berlin, and stay there till the end of the Carnival?

It does not follow that these two classes were mutually exclusive; a man might very well invest his money in both kinds of undertaking, but these two kinds were totally distinct, and called by different names. A public undertaking was called publicum, and the men who undertook it publicani; a private undertaking was negotium, and all private business men were known as negotiatores.

The knowledge more particularly useful and necessary for you, considering your destination, consists of modern languages, modern history, chronology, and geography, the laws of nations, and the 'jus publicum Imperii'. You must absolutely speak all the modern Languages, as purely and correctly as the natives of the respective countries: for whoever does not speak a language perfectly and easily, will never appear to advantage in conversation, nor treat with others in it upon equal terms.

I might add that both are opposite to the genius of trade, and consequently contra bonum publicum. To go on board the ship it was necessary first to go into a boat; a matter of no small difficulty, as I had no use of my limbs, and was to be carried by men who, though sufficiently strong for their burden, were, like Archimedes, puzzled to find a steady footing.

This new doctrine was a true Agrarianism, since it followed in the steps of the original "Agrarians," the brothers Gracchi in ancient Rome. Like the Gracchi, Evans centered his plan around the "ager publicum" the vast American public domain. Evans began his agitation about 1844.

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