daughter of my dispersed (Putsi, the daughters of Put; the word means dispersed, because they were scattered and lost as to name) shall bring mine offering." They were evidently the most deteriorated of all the descendants of Ham.

When a people or nation give evidence that they are insensible to all rules of right, either divine or human, it necessarily follows that their hand will be found against every man, and every man's hand against them. The subjugation of such a people, so regardless of all law, can only end in their being put to death, or, in the more merciful provision of the divine law, by reducing them to a state of absolute slavery.

The experience of mankind proves that such heathen, so reduced to a state of bondage, have always given evidence that their moral and even physical condition has been ameliorated by it, and in proportion to the scrupulous particularity by which they to whom they were enslaved successfully compelled and forced them to walk in the paths of rectitude.

Ever since the world has been peopled by nations, none have ever hesitated to make war a protection to themselves against either those who thus had become a nuisance in it. To such men, individually or collectively, reason, justice, law are without effect or influence: nothing short of absolute compulsive force can avail them beneficially. And, indeed, it is upon this principle that civilized communities do essentially, in their prisons and by other mode of restraint, enslave, for life or a term of years, those who have proved themselves too reckless to be otherwise continued among them.

In the year 1437, the Christian right or duty of declaring, or rather of making war against infidels, was proposed to the church for the pope's decision and counsel. Duarte, king of Portugal, was importuned by his brother Ferdinand, to make war on the Moors with a view to the conquest of Tangier. Duarte entertained scruples about his moral and Christian right to do so; and therefore proposed the subject to the theologians and to the pope. Eugenius IV., who then filled the papal chair, decided that there were but two cases in which an offensive war could be justifiably undertaken against unbelievers, &c.: 1st. "When they were in possession of territory which had belonged to Christians, and which the latter sought to recover. 2d. When, by piracy or war,

or any other means, they injured or insulted the true believers.' In all other cases, proceeded his holiness, hostilities are unjust.

The elements, earth, air, fire, and water, were created for all; and to deprive any creature, without just cause, of these necessary things, was a violation of natural right. See Lardner, Hist. Portugal, vol. iii. p. 204. We proceed to instances wherein the records show the church to have declared offensive war.

In 1375, "the Florentines, entering into an alliance with the Visconti of Milan, broke unexpectedly into the territory of the Church, made themselves masters of several cities, demolished the strongholds, drove everywhere out the officers of the pope, and setting up a standard, with the word 'Libertas' in capital letters, encouraged the people to shake off the yoke and resume their liberty: at their instigation, Bologna, Perugia, and most of the chief cities in the pope's dominions openly revolted, and, joining the Florentines, either imprisoned, or barbarously murdered those whom the pope had set over them. Gregory (XI.) was no sooner informed of that general revolt, and the unheard of barbarities committed by the Florentines, and those who had joined them, than he wrote to the people and magistrates of Florence, exhorting them to withdraw their troops forthwith out of the dominions of the Church, to forbear all further hostilities, to satisfy those whom they had injured, and revoke the many decrees they had issued absolutely inconsistent with the ecclesiastical immunity as established by the canons. As they paid no regard to the pope's exhortations, he summoned the magistrates to appear in person, and the people by their representatives, at the tribunal of the apostolic see, by the last day of March, 1376, to answer for their conduct. The Florentines, far from complying with that summons, insulted the pope's messengers in the grossest manner, and, continuing their hostilities, laid waste the greater part of the patrimony, destroying all before them with fire and sword.

Gregory, therefore, provoked beyond all measure, issued the most terrible bull against them that had ever yet been issued by any pope. For, by that bull, the magistrates were all excommunicated; the whole people and every place and person under their jurisdiction were laid under an interdict. All traffic, commerce, and intercourse with any of that state, in any place whatever, were forbidden on pain of excommunication. Their subjects were absolved from their allegiance; all their rights, privileges, and immunities were declared forfeited; their estates, real and personal, in what part soever of the world, were given away, and declared to be the property of the first who should seize them, prima occu

pantis; all were allowed, and even exhorted and encouraged, to seize their persons, wherever found, as well as their estates, and reduce them to slavery. Their magistrates were declared intestable, and their sons and grandsons incapable of succeeding to their paternal estates, or to any inheritance whatever; their descendants, to the third generation, were excluded from all honours, dignities, and preferments, both civil and ecclesiastic. All princes, prelates, governors of cities, and magistrates were forbidden, on pain of excommunication, to harbour any Florentine, or suffer any in the places under their jurisdiction in any other state or condition than that of a slave." This bull is dated in the palace of Avignon, in some copies the 30th of March, and in some the 20th of April, in the sixth year of Gregory's pontificate, that is, in 1376, (apud Raynald. ad hunc ann. num. i. et seq., et Bzovium, num. xv.) Walsingham writes, that upon the publication of this bull the Florentine traders who had settled in England, delivered up all their effects to the king, and themselves with them, for his slaves. One of the authors of Gregory's life (auctor primæ vit. Gregor.) tells us, that in all other countries, especially at Avignon, they abandoned their effects, and returned, being no where else safe, to their own country. (See Bower, vol. vii. p. 23.)

Again, in 1508 was concluded the famous treaty or league of Cambray, against the republic of Venice: that state had been long aspiring at the government of all Italy. The contracting parties were the pope, the emperor, the king of France, and the king of Spain; and it was agreed that they should enter the state of Venice on all sides; that each of them should recover what that republic had taken from them; that they should therein assist one another and that it should not be lawful for any of the confederates to enter into an agreement with the republic but by common consent. The duke of Ferrara, the marquis of Mantua, and whoever else had any claims upon the Venetians, were to be admitted into this treaty. The Venetians had some suspicion of what was contriving against them at Cambray, but they had no certain knowledge of it, till the pope informed them of the whole. For Julius II., (then pope,) no less apprehensive of the emperor's power in Italy than the French king's, acquainted the Venetian ambassador at Rome, before he signed the treaty, with all the articles it contained, represented to him the danger that his republic was threatened with, and offered not to confirm the league, but to start difficulties and raise obstacles against it, provided

they only restored to him the cities of Rimini and Faenza. This demand appeared to be very reasonable to the pope, but it was rejected by a great majority of the senate, when communicated to them by their ambassador; and the pope thereupon confirmed the league by a bull, dated at Rome, the 22d of March, 1508. The Venetians, hearing of the mighty preparations that were carrying on all over Christendom against them, began to repent their not having complied with the pope's request and by that means broken the confederacy. They therefore renewed their negotiations with his holiness, and offered to restore to him the city of Faenza. But Julius, instead of accepting their offer, published, by way of monitory, a thundering bull against the republic, summoning them to restore, in the term of twenty-four days, all the places they had usurped, belonging to the apostolic see, as well as the profits they had reaped from them since the time they first usurped them. If they obeyed not this summons, within the limited time, not only the city of Venice, but all places within their dominions, were, ipso facto, to incur a general interdict; nay, all places that should receive or harbour a Venetian. They were, besides, declared guilty of high treason, worthy to be treated as enemies to the Christian name, and all were empowered "to seize on their effects, wherever found, and to enslave their persons." (See Guicand, et Onuphrius in vita Julii II., et Raymund ad ann. 1509, and Bower, vol. vii. p. 379.)

In 1538 was published the bull of excommunication against Henry VIII. It had been drawn up in 1535, on the occasion of the execution of Cardinal Fisher, bishop of Rochester; had been submitted to the judgment of the cardinals, and approved by most of them in a full consistory. However, the pope, flattering himself that an accommodation with England might still be brought about, delayed the publication of it till then, when, finding an agreement with the king quite desperate, he published it with the usual solemnity, and caused it to be set up on the doors of all the chief churches of Rome. By that bull the king was deprived of his kingdom, his subjects were not only absolved from their oaths of allegiance, but commanded to take arms against him and drive him from the throne; the whole kingdom was laid under interdict; all treaties of friendship or commerce with him and his subjects were declared null, his kingdom was granted to any who should invade it, and all were allowed "to seize the effects of such of his subjects as adhered to him, and enslave their persons." See

Burnet's Hist. of the Reform. 1. 3. Pallavicino, 1. 4. Saudeos de Schis. b. i., and Bower, vol. vii. p. 447.

We ask permission to introduce a case on the North American soil, of somewhat later date. We allude to an act, or law, passed by the "United English Colonies, at New Haven," in the year 1646, and approved and adopted by a general court or convention of the inhabitants of Windsor, Hartford, and Wethersfield, in the year 1650. We copy from the "Code of 1650,” as published by Andrus, and with him retain the orthography of that day:

"This courte having duly weighed the joint determination and agreement of the commissioners of the United English Colonyes, at New Haven, of anno 1646, in reference to the indians, and judging it to bee both according to rules of prudence and righteousness, doe fully assent thereunto, and order that it bee recorded amongst the acts of this courte, and attended in future practice, as occasions present and require; the said conclusion is as follows:

"The commissioners seriously considering the many willful wrongs and hostile practices of the indians against the English, together with their interteining, protecting, and rescuing of offenders, as late our experience sheweth, which if suffered, the peace of the colonyes cannot bee secured: It is therefore concluded, that in such case the magistrates of any of the jurisdictions, may, at the charge of the plaintiff, send some convenient strength, and according to the nature and value of the offence and damage, seize and bring away any of that plantation of indians that shall intertein, protect, or rescue the offender, though hee should bee in another jurisdiction, when through distance of place, commission or direction cannott be had, after notice and due warning given them, as actors, or at least accessary to the injurye and damage done to the English onely women and children to be sparingly seized, unless known to bee someway guilty: and because it will bee chargeable keeping indians in prison, and if they should escape, they are like to prove more insolent and dangerous after, it was thought fitt, that uppon such seizure, the delinquent, or satisfaction bee again demanded of the sagamore, or plantation of indians. guilty or accessary, as before; and if it bee denyed, that then the magistrate of this jurisdiction, deliver up the indian seized by the partye or partyes indammaged, either to serve or to bee shipped out and exchanged for neagers, as the case will justly beare; and though the commissioners foresee that said severe, though just proceeding may provoke the indians to an unjust seizing of some

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