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Updated: July 8, 2025
There was James Wilson of Pennsylvania, born and educated in Scotland, one of the most learned jurists this country has ever seen. Beside him sat the financier, Robert Morris, and his namesake Gouverneur Morris of Morrisania, near the city of New York, the originator of our decimal currency, and one of the far-sighted projectors of the Erie Canal.
To put an end to these ever-recurring disputes Frederick called together a diet at Roncaglia, to which each of the Italian towns was commanded to send its representative; the four most learned jurists from the university of Bologna being also requested to attend, for the purpose of drawing up a document which should conclusively define the relations between himself, as head of the empire, and the vassals and imperial cities of Italy.
Jay apparently satisfied himself, by his interviews and observation of public feeling in England, that at the moment it was vain for a country without a navy to expect from Great Britain any surrender of right, as interpreted by her jurists; that the most to be accomplished was the adoption of measures which should as far as possible extend the immediate scope of American commerce, and remove its present injuries, presenting withal a probability of future further concessions.
The Roman jurists, from the first and down to the fall of the empire, admitted that slavery was against the natural law, by which, as they maintained, all men, of whatsoever clime, color, or capacity, were equal; but they justified slavery, first, upon the ground and authority of the law of nations, arguing, and arguing truly, that at that day the conventional law of nations admitted that captives in war, whose lives, according to the notions of the times, were at the absolute disposal of the captors, might, in exchange for exemption from death, be made slaves for life, and that such servitude might descend to their posterity.
Now, Sir, how is it possible to believe that the Barons, whose seals are upon our Great Charter, would have perfectly agreed with the great jurists who framed the Code of Justinian, with the great jurists who framed the Code of Napoleon, with the most learned English lawyers of the nineteenth century, and with the Pundits of Benares, unless there had been some strong and clear reason which necessarily led men of sense in every age and country to the same conclusion?
Whether they are one or many is then simply a question of fact, to be decided by the facts in the case, not by the theories of American statesmen, the opinion of jurists, or even by constitutional law itself. The old Articles of Confederation and the later Constitution can serve here only as historical documents.
Drawing and quartering were reinstituted; this not proving an efficient deterrent, many jurists advocated a return to the Roman practice of spreadeagling a man to death; but the churches vigorously objected to this suggestion as blasphemous, believing the ordinary sight of crucified murderers would tend to debase the central symbol of Christianity.
He was connected in the family circle with two eminent jurists, who were at hand to stimulate his young ambition, and to pour, in an almost perpetual stream, legal knowledge into his mind, by conversation and by epistolary correspondence.
The classical jurists may have laid the foundation; the superstructure was raised under the auspices of those whom we regard as despots. All we know with certainty, is that it was the intention of the decemviral legislation to bring the estates into closer connection, and to equalize the laws for both.
All classes were hurried along by the prevailing sentiment. Cavalier and Roundhead, Churchman and Puritan were for once allied. Divines, jurists, statesmen, nobles, princes, swelled the triumph of the Baconian philosophy." The seeds sown by Bacon had at last begun to ripen, and full credit was given to him by those who founded and acclaimed the Royal Society.
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