The Online Library of Liberty

A project of Liberty Fund, Inc.

• Collector’s Acknowledgments
• Collector’s Foreword
• Introduction the Reputation of James Wilson
• The Text
• Part I: Political Papers, Speeches, and Judicial Opinions of James Wilson
• Considerations On the Nature and Extent of the Legislative Authority of the British Parliament, 1774.
• Speech Delivered In the Convention For the Province of Pennsylvania, Held At Philadelphia, In January, 1775.
• An Address to the Inhabitants of the Colonies (1776). *
• An Address to the Inhabitants of the Colonies Submitted to the Continental Congress.
• Considerations On the Bank of North America 1785. A
• Remarks of James Wilson In the Federal Convention, 1787.
• James Wilson’s State House Yard Speech October 6, 1787. *
• Remarks of James Wilson In the Pennsylvania Convention to Ratify the Constitution of the United States, 1787.
• Oration Delivered On the Fourth of July 1788, At the Procession Formed At Philadelphia to Celebrate the Adoption of the Constitution of the United States.
• Speech On Choosing the Members of the Senate By Electors; Delivered, On the 31st December, 1789, In the Convention of Pennsylvania, Assembled For the Purpose of Reviewing, Altering, and Amending the Constitution of the State. a
• Speech Delivered, On 19th January, 1790, In the Convention of Pennsylvania, Assembled For the Purpose of Reviewing, Altering, and Amending the Constitution of the State.
• A Charge Delivered to the Grand Jury In the Circuit Court of the United States, For the District of Virginia, In May, 1791.
• Hayburn’s Case, 2 U.s. 409 (1792), 411–414.
• James Wilson’s Opinion In Chisholm V. State of Ga., 2 U.s. 419 (1793), 453–466.
• Henfield’s Case Case No. 6,360 Circuit Court, D. Pennsylvania 11 F. Cas. 1099 (1793).
• James Wilson’s Opinion In Ware V. Hylton, 3 U.s. 199 (1796), 281
• “on the Improvement and Settlement of Lands In the United States,” Mid-1790s.
• On the History of Property.
• Part 2: Lectures On Law
• Bibliographical Essay History of James Wilson’s Law Lectures
• District of Pennsylvania:—to Wit.
• Preface
• Lectures On Law,: Part I
• Chapter I.: Introductory Lecture. of the Study of the Law In the United States.
• Chapter II.: Of the General Principles of Law and Obligation.
• Chapter III.: Of the Law of Nature.
• Chapter IV.: Of the Law of Nations.
• Chapter V.: Of Municipal Law.
• Chapter VI.: Of Man, As an Individual.
• Chapter VII.: Of Man, As a Member of Society.
• Chapter VIII.: Of Man, As a Member of a Confederation.
• Chapter IX.: Of Man, As a Member of the Great Commonwealth of Nations.
• Chapter X.: Of Government.
• Chapter XI.: Comparison of the Constitution of the United States, With That of Great Britain.

Henfield’s Case Case No. 6,360 Circuit Court, D. Pennsylvania 11 F. Cas. 1099 (1793).

Judge Wilson (with whom were Judge Iredell and Judge Peters) charged the jury as follows:

This is, gentlemen of the jury, a case of the first importance. Upon your verdict the interests of four millions of your fellow-citizens may be said to depend. But whatever be the consequence, it is your duty, it is our duty, to do only what is right.

(After stating the substance of the charges against the defendant, the learned judge proceeded:)

It has not been contended, on the present occasion, that the defendant has any peculiar exclusive right to take a part in the present war between the European powers, in relation to all whom the United States are in a state of peace and tranquillity. If he has no peculiar or exclusive right, it naturally follows, that what he may do every other citizen of the United States may also do. If one citizen of the United States may take part in the present war, ten thousand may. If they may take part on one side, they may take part on the other; and thus thousands of our fellow-citizens may associate themselves with different belligerent powers, destroying not only those with whom we have no hostility, but destroying each other. In such a case, can we expect peace among their friends who stay behind? And will not a civil war, with all its lamentable train of evil, be the natural effect? Yet what is right must be done, independent of the consequences, which I have only stated, in order to lay before you the necessity of seriously considering the case entrusted to you before you decide upon it.

Two principal questions of fact have arisen, and require your determination. The first is, that the defendant, Gideon Henfield, has committed an act of hostility against the subjects of a power with whom the United States are at peace: this has been clearly established by the testimony. The second object of inquiry is, whether Gideon Henfield was at that time a citizen of the United States. This he explicitly acknowledged to Mr. Baker; and, if he declared true, it was at that time the least of his thoughts to expatriate himself.

The questions of law coming into joint consideration with the facts, it is the duty of the court to explain the law to the jury, and give it to them in direction. It is the joint and unanimous opinion of the court, that the United States, being in a state of neutrality relative to the present war, the acts of hostility committed by Gideon Henfield are an offence against this country, and punishable by its laws. It has been asked by his counsel, in their address to you, against what law has he offended? The answer is, against many and binding laws. As a citizen of the United States, he was bound to act no part which could injure the nation; he was bound to keep the peace in regard to all nations with whom we are at peace. This is the law of nations; not an ex post facto law, but a law that was in existence long before Gideon Henfield existed. There are, also, positive laws, existing previous to the offence committed, and expressly declared to be part of the supreme law of the land. The constitution of the United States has declared that all treaties made, or to be made, under the authority of the United States, shall be part of the supreme law of the land. I will state to you, gentlemen, so much of the several treaties in force between America and any of the powers at war with France, as applies to the present case. The first article of the treaty with the United Netherlands, declares that there shall be a firm, inviolable, and universal peace and sincere friendship between the States General of the United Netherlands and the United States of America, and between the subjects and inhabitants of the said parties. The seventh article of the definitive treaty of peace between the United States and Great Britain, declares that there shall be a firm and perpetual peace between his Britannic Majesty and the United States, and between the subjects of the one and the citizens of the other. And the first article of the treaty with Prussia declares that there shall be a firm, inviolable, and universal peace and sincere friendship between his Majesty the King of Prussia and his subjects, on the one part, and the United States of America and their citizens on the other. It may be observed, that the treaty would not be less sufficient in relation to the present question, if “subjects” and “citizens” had not been mentioned. These treaties were in the most public, the most notorious existence, before the act for which the prisoner is indicted was committed. The notoriety may, indeed, be said to have been greater than that of the general acts of congress; since, besides the same mode of publication, they are expressly referred to in the constitution. Much has been said on this occasion, by the defendant’s counsel, in support of the natural right of emigration; but little of it is truly applicable to the present question. Emigration is, undoubtedly, one of the natural rights of man. Yet it does not follow from thence that every act inconsistent with the duty is inconsistent with the state of a citizen. Nothing is more inconsistent with the duty of a citizen than treason; but it is because he still continues a citizen that he is liable to punishment.