The Online Library of Liberty

A project of Liberty Fund, Inc.

• Introduction
• Textual Introduction
• Acknowledgments
• Essays On Equality, Law and Education
• Law of Libel and Liberty of the Press 1825
• On Marriage 1832–33?
• Austin’s Lectures On Jurisprudence 1832
• Reform In Education 1834
• On Punishment 1834
• Smith On Law Reform 1841
• The Negro Question 1850
• Statement On Marriage 1851
• Remarks On Mr. Fitzroy’s Bill For the More Effectual Prevention of Assaults On Women and Children 1853
• A Few Words On Non-intervention 1859
• The Contest In America 1862
• The Slave Power 1862
• Austin On Jurisprudence 1863
• Educational Endowments 1866
• Inaugural Address Delivered to the University of St. Andrews 1867
• The Subjection of Women 1869
• Editor’s Note
• Chapter I
• Chapter Ii
• Chapter Iii
• Chapter Iv
• Treaty Obligations 1870
• The Contagious Diseases Acts 1871
• Appendices
• Appendix A: Harriet Taylor, On Marriage (1832-1833?)
• Appendix B: Harriet Taylor Mill, Papers On Women’s Rights (1847-1850?)
• 1.: Rights of Women—and Especially With Regard to the Elective Franchise—by a Woman—dedicated to Queen Victoria
• 2.: Women—(rights Of)
• 3.: The Rights of Women to the Elective Franchise and Its Advantages
• 4.: Why Women Are Entitled to the Suffrage
• 5.: [reform: Ends and Means]
• Appendix C: Harriet Taylor Mill, Enfranchisement of Women (1851)
• Appendix D: Draft of a Portion of the Inaugural Address (1866)
• Appendix E: Jamaica Committee: Public Documents (1866, 1868)
• Appendix F: Textual Emendations
• Appendix G: Bibliographical Index of Persons and Works Cited, With Variants and Notes

Appendix G

Bibliographical Index of Persons and Works Cited, with Variants and Notes

like most nineteenth-century authors, Mill is cavalier in his approach to sources, sometimes identifying them with insufficient care, and occasionally quoting them inaccurately. This Appendix is intended to help correct these deficiencies, and to serve as an index of names and titles (which are consequently omitted in the Index proper). Included here also are (at the end of the appendix) references to parliamentary documents, entered in order of date under the heading “Parliamentary Papers,” and references to statute law, entered by country in order of date under the heading “Statutes.” The material otherwise is arranged in alphabetical order, with an entry for each person or work quoted or referred to. Anonymous articles in newspapers are entered in order of date under the title of the particular newspaper. References to mythical and fictional characters are excluded. The following abbreviations are used. PD for Hansard’s Parliamentary Debates, and PP for Parliamentary Papers.

The entries take the following form.

1. Identification, author, title, etc. in the usual bibliographic form. When only a surname is given, no other identification has been found.

2. Notes (if required) giving information about JSM’s use of the source, indication if the work is in his library, Somerville College, Oxford (referred to as SC), and any other relevant information.

3. Lists of the pages where works are reviewed, quoted, and referred to.

4. In the case of quotations, a list of substantive variants between Mill’s text and his source, in this form. Page and line reference to the present text. Reading in the present text] Reading in the source (page reference in the source).

The list of substantive variants also attempts to place quoted passages in their contexts by giving the beginnings and endings of sentences. The original wording is supplied where Mill has omitted two sentences or less, only the length of other omissions is given. There being uncertainty about the actual Classical texts used by Mill, the Loeb editions are cited when possible.

Abbott, Charles.

note: the quotation and the reference are from Thomas Jonathan Wooler, A Verbatim Report (q.v. for the collation).

quoted: 31

referred to: 30

Aberdeen, Lord. See George Gordon.

Adderley, Charles Bowyer. Speech on the Disturbances in Jamaica (31 July, 1866, Commons), PD, 3rd ser., Vol. 184, cols. 1785-97.

quoted: 431

431.30 “practically just”] At all events. I do not wish to press that point, but I may say that, although there is some question about the illegality of the arrest, and the sufficiency of evidence, there is less question about the practical justice of the result (col. 1794)

Addison, Joseph.The Spectator, No. 160 (1 Sept., 1711).

note: reprinted in collections under the title “The Vision of Mirzah.”

referred to: 198

Aesop.Aesop’s Fables. Trans. Vernon Stanley Vernon Jones. London: Heinemann, New York: Doubleday, Page, 1912

note: this ed. used for ease of reference. Aesopi Phrygis fabulae graece et latine, cum alus opusculis (Pladunes Collection) (Basel. Heruagius, 1544) is in SC. The reference at 53 is to the fable of “The Lioness and the Vixen”, that at 112 is to “The Fox without a Tail.”

referred to: 53, 112

Albret, Jeanne d’.

note: mother of Henri IV of France.

referred to: 401

Anderson, William Wemyss. Letter to George W. Gordon (Oct., 1865). In Minutes of Evidence Taken before the Jamaica Royal Commission, PP, 1866, XXXI, 805

referred to: 425

Anne (of England). Referred to: 252

Anon. “Mr. Carlyle on the Negroes,” The Inquirer, VIII (8 Dec., 1849), 769-70.

quoted: 95

95.28 “a . . . devil”] It is a . . . Devil, the fostering of a tyrannical prejudice (770)

Anon. Review of Report on the State of Public Instruction in Prussia, by M. Victor Cousin. Translated by Sarah Austin. Monthly Repository, n.s. VIII (May, 1834), 383

note: in the list of “New Publications.”

referred to: 63

Applegarth, Robert. “Minutes of Evidence Taken before the Royal Commission on the Administration and Operation of the Contagious Diseases Acts of 1866 and 1869,” PP, 1871, XIX, 818-25.

note: the “quotations” are questions asked by Applegarth, a member of the Commission.

quoted: 369-71

referred to: 350

Aristotle. Referred to: 225, 229, 230, 238, 302

— The “Art” of Rhetoric (Greek and English). Trans. J.H. Freese. London: Heinemann; New York: Putnam’s Sons, 1926.

note: this ed. used for ease of reference. De rhetorica seu arte dicendi libri (Greek and Latin). ed. Theodor Goulston (London: Griffin, 1619), is in SC.

referred to: 175, 229

— The Nicomachean Ethics (Greek and English). Trans. H. Rackham. London: Heinemann, New York: Putnam’s Sons, 1926.

note: this ed. used for ease of reference Another ed. (Oxford: Sheldonian Theatre, 1716) in SC.

referred to: 229

— Politics (Greek and English). Trans. H. Rackham. London: Heinemann; New York: Putnam’s Sons, 1932.

note: this ed. used for ease of reference. Another ed. Politica, 2 vols. (Oxford: Clarendon, 1810), is in SC.

referred to: 229, 269

Arnold, Thomas. Referred to: 222

Aspasia. Referred to: 314

Attila. Referred to: 140

Austin, John.

note: the references at 54, 57, 179, and 204 are to Austin’s delivery of the lectures eventually fully published as Lectures on Jurisprudence, q.v.

referred to: 54, 56, 57, 167-8, 169, 172-3, 179, 181, 182, 202-4

— Lectures on Jurisprudence. Ed. Sarah Austin. 3 vols. London: Murray, 1863.

note: Vol. I is a reprint (identified as 3rd ed.) of the 2nd ed. (1861) of The Province of Jurisprudence Determined, q.v. As the review in which the quotations and references to this version of this work are in a review of the Lectures, they (and the collations) are given here the quotations at 172, 173n-4n, 177, and 204 are from and the references at 175, 176, 176-8, 202, and 203 to The Province identified also as Vol. I of Lectures. See also the references at 54, 57, 179 and 204 to the delivery of the lectures.

reviewed: 165-205

quoted: 172, 173n-4n, 177, 179, 180, 181, 182, 183, 183-4, 184, 185, 185n, 186, 188-91, 191, 191-2, 192, 192-3, 194, 195, 196-7, 201, 204, 205n

referred to: 245-6

172.2-4 In . . . law “most . . . terms” . . . “are not names of . . . objects.”] Though that, indeed, is a name which will hardly denote them distinctly for, like most . . . terms in . . . law, it is not the name of . . . objects * [footnote omitted] (I, 14)

174n.1-2 “a cause . . . nothing . . . cure.”] To the absence of this distinction (a cause . . . naught . . . cure), the greater compactness of the Roman system, with its greater symmetry and clearness, are mainly imputable (I, xciv n)

174n.10 mass] mess (II, 154)

177.14 “If] But to say this is to talk absurdly for every object which is measured, or every object which is brought to a test, is compared with a given object other than itself.—If (I, 116n)

179.16 “all] [paragraph] Now (as I shall endeavour to demonstrate in this evening’s discourse) all (II, 56)

179.17 considered universally] considered universally (II, 56)

179.17 generality.”] generality, and may be compressed into a single proposition, or into a few short propositions (II, 56)

180.21 “a] Now a (II, 52)

180.23-4 “a right . . . burthen,” . . . “an absurdity.”] [paragraph] For, 1st, in purely onerous conditions, the mark is not to be found a right . . . burthen, being an absurdity (II, 395)

181.9 “to] [paragraph] But before we can determine the import “Injury” and “Sanction” (or can distinguish the compulsion or restraint, which is implied in Duty or Obligation, from that compulsion or restraint which is merely physical), we must try to (II, 79)

182.36-7 “law . . . lawyers.”] For law . . . lawyers, is not committed to writing ab initio, although it may afterwards be recorded in legal treatises, or may be adopted by the supreme legislature and promulged in a written form (II, 195)

183.31-2 “that . . . authority.”] [paragraph] But though every positive law exists as positive law through the position or institution given to it by a sovereign government, it is supposed by a multitude of writers on general and particular jurisprudence, that . . . authority (II, 221)

183.36 “much] [paragraph] Again Much (II, 235)

184.4-5 “puerile fiction.”] But the opinions of both, as determining the decisions of the tribunals, may be considered as causes of that law, which (in spite of the puerile fiction about immemorial usage) is notoriously introduced by judges acting in their judicial capacity (II, 236)

184.20 “thoroughly] Since it is peculiar to Ulpian, and since no attempt to apply it occurs in the Pandects or Institutes, it can scarcely be considered the natural Law of the Romans,* [footnote omitted] nor can it be fairly imputed to the body of the Classical Jurists who (heaven knows) have enough to answer for, in that they adopted from the Greeks the other jus naturale, and were thus the remote authors of that modern Law of Nature which has so thoroughly (II, 240-1)

185.14 “omnipotent with barbarians”] They arose in early ages, and in the infancy of the human mind, partly from caprices of the fancy (which are nearly omnipotent with barbarians), and partly from the imperfect apprehension of general utility which is the consequence of narrow experience. (I, 58)

185n.3 “I could point,” . . . “at] If I liked, I could point at (II, 273)

185n.5-6 misunderstood] misapprehended (II, 273)

186.10-11 “not . . . human] [paragraph] But since their human authors copied them from divine originals, which were known to those human authors through a perfectly infallible index, they are not . . . human (II, 261)

186.15-17 “every . . . any] It comprises every . . . any (II, 260)

188.22 First A] First: As I showed in my last lecture, a (II, 359)

188.38 “law . . . And] law, provided (that is to say) that the statute law with which the rule is compared, be not only expressed in abstract and brief expressions, but also in such expressions as are apt and unambiguous as may be. For (as I shall show immediately) the very indeterminateness of its form (or the very indeterminateness of the signs by which it is signified or indicated) renders a judiciary law less uncertain in effect than a statute law unaptly and dubiously worded. But, assuming that a statute law is aptly and unambiguously worded, (or as aptly and unambiguously worded as the subject and language will permit,) it is more accessible and knowable than a rule of judiciary law which must be obtained through the process to which I have adverted above [paragraph] And (II, 360)

189.5-6 constructed. . . . [paragraph] There] constructed [ellipsis indicates 8-paragraph omission] [paragraph] Fourthly. For the reasons which I assigned in my last lecture, and for others which I passed in silence, there (II, 361-2)

189.48 [I] [v.v. I (II, 364)

190.3 Not] v.v. Not (II, 364)

190.7 Forms, . . . legislature.] [paragraph] The] v.v. Forms, . . . legislature.] [2-paragraph omission] [paragraph] The (II, 364)

190.13-14 skill. . . . [paragraph] Fifthly] skill [ellipsis indicates 4-paragraph omission] [paragraph] Fifthly (II, 365)

190.19-20 rule was decided? . . . [paragraph] We] rule were decided? [ellipsis indicatey 1-paragraph omission] [paragraph] In fine, we (II, 365-6)

190.25-6 obviated. . . . [paragraph] Sixthly] obviated [ellipsis indicates 4-paragraph and 2-note omission] [paragraph] Sixthly (II, 366-7)

190.32-3 Romilly [paragraph] “Not] Romilly, in that admirable article on Codification which I ventured to criticize in my last evening’s discourse [paragraph] The passage is as follows [paragraph] “Not (II, 367)

190.48 authority.” [paragraph] [Hence] authority.”* [footnote and 1 paragraph omitted] [paragraph] v.v. Hence (II, 368)

191.2 Hence] v.v. Hence (II, 368)

191.11 though the] though (for the reasons which I stated in my last lecture, and to which I shall revert immediately) the (II, 368)

191.13-14 question . . . [paragraph] Seventhly] question. I have heard Lord Eldon declare (more than once) that nothing should provoke him to decide more than the decision of the case in question absolutely required [ellipsis indicates 1-paragraph omission] [paragraph] Seventhly (II, 368-9)

191.20-1 judiciary. . . . [paragraph] Wherever] judiciary [ellipsis indicates 3-sentence omission] [paragraph] Wherever (II, 369)

191.25-6 irregular unsystematic . . . judges . . . [paragraph] Wherever . . . judiciary] irregular or unsystematic . . . judges [ellipsis indicates 5-paragraph omission] [paragraph] Wherever judiciary (II, 369-70)

191.32 a Code, or . . . law, will] a Code (or . . . law) will (II, 370)

191.39-40 the task . . . codification?”] the difficult task . . . codification? of producing a code, which, on the whole, would more than compensate the evil that must necessarily attend the change? (II, 373)

191.41-2 “the technical . . . legislation incomparably . . . ethical;”] I will venture to affirm, that what is commonly called the technical . . . legislation is incomparably . . . ethical (II, 371)

191.43-192.1 “far . . . law-giver”] In other words, it is far . . . lawgiver (II, 371)

192.8 “the futility] [paragraph] In considering, therefore, the question of codification, (to which I now proceed,) I shall merely show the futility (II, 373)

192.33 The truth, however, is that] The truth, however, is, as I showed in my last lecture, that (II, 375)

193.6-7 particular . . . ] [paragraph] Repetition] particular [ellipsis indicates 8-paragraph omission] [paragraph] Repetition (II, 375-6)

193.21 accessible. Assuming] accessible. [paragraph] Assuming (II, 377)

193.23 I admit] Reverting to the objection. I admit (II, 377)

194.6 Peculiarly . . . lawyers. No] Peculiarly . . . lawyers [paragraph] No (III, 278)

194.9 A code . . . minds.] A code . . . minds * [footnote omitted] (III, 278)

194.11 All-importance . . . intention.] All-importance . . . intention.] (III, 278)

194.13 practice.] practice, [footnote omitted] (III, 278)

195.19-20 “have . . . system,”] They have . . . system, and may be detached from it without breaking its continuity (II, 413)

195.21 “have] They have (II, 413)

196.39-40 “one fiction suffices.”] [paragraph] Therefore one fiction suffices and the rational way of considering the matter is, to look at the incident as begetting an obligation, and to treat the refusal to make satisfaction, or to withhold the advantage, as a delict i.e. as a breach of that obligation (III, 134)

196.40-197.2 The terms . . . &c., . . . subject.] The terms . . . etc., . . . subject, in a work from which an excerpt is contained in the Pandects (III, 134-5)

201.3-4 “indissolubly connected with . . . Things.”] For the law which regards specially the powers and duties of political persons, is not of itself a complete whole, but is indissolubly connected, like the law of any other status, with . . . Things, and also with the law regarding other conditions (II, 439-40)

204.4 “absurd,”] [paragraph] I remarked, in a former lecture, (when explaining the various meanings of the term person,) that a certain absurd definition of the term person as meaning homo) [sic] arose from a confusion of caput and status from a supposition that the Roman lawyers limited the term status to those peculiar status which they called capita (II, 409)

204.4 “jargon”] [see collation at 204.27-30 below]

204.5 “fustian”] [paragraph] If you read the disquisition in Blackstone on the nature of laws in general, or the fustian description of law in Hooker’s Ecclesiastical Polity, you will find the same confusion of laws imperative and proper with laws which are merely such by a glaring perversion of the term (I, 164)

204.16 “I said so and so. But . . . absurd, for it would prove.”] I said that a negative attitude might be jus in rem, if it were possible for any but the owner, or other occupant, to violate the right. But . . . absurd. For as Mr. Mill* [footnote omitted] very truly observed, it would prove that every right in personam might be jus in rem (III, 24-5)

204.26-7 “the godlike Turgot”] The dislike of the French people to the ministry of the godlike Turgot, amply evinces the melancholy truth (I, 274-5)

204.27-30 “that . . . jargon,”] It evinces that . . . jargon (I, 150n)

205n.1-7 “A . . . ‘Law of Nature.”’] See his “Metaphysische Anfangsgrunde der Rechtslehre”—“Metaphysical Principles of the Science of Law.” A . . . Law of Nature (III, 167)

— On the Uses of the Study of Jurisprudence. London: Murray, 1863.

note: reprinted from Vol. III of Lectures on Jurisprudence, q.v.

reviewed: 165-205

quoted: 173

173.23 institutions] institution (18)

173.28-9 them [paragraph] In] them [l-page omission] [paragraph] In (18-19)

173.29 (elegentia)] “elegentia” [footnote omitted] (19)

— The Province of Jurisprudence Determined. London: Murray, 1832.

reviewed: 51-60

quoted: 58-9, 59-60

referred to: 167, 169, 175

58.37 vigour] rigour (83) [printer’s error?]

59.9 indifferency] “indifferency” (84)

59.12 are] are (84)

59.18 charge] change (84) [printer’s error?]

59.20 In] In (84)

60.21 Hoadleys] Hoadlys (81)

— 2nd ed. Ed. Sarah Austin. London: Murray, 1861.

note: see also 1st ed. (1832), and Lectures on Jurisprudence, 3 vols. (1863), Vol. I of which is identified as the 3rd ed. of The Province. The collations and references are given under the Lectures (because it is the work under review).

referred to: 167, 169

Austin, Sarah.

note: the references at 167 and 169 are to her as editor of John Austin’s Province, 2nd ed. (q.v.), that at 202 is to her as editor of his Lectures (q.v.) See also Cousin.

referred to: 167, 169, 202

Bacon, Francis.Novum Organum (1620). In Works, Ed. James Spedding, et al. 14 vols. London: Longman, et al., 1857-74, I, 119-365 (Latin); IV, 38-248 (English).

note: in SC.

quoted: 280

referred to: 235, 240

280.14 “opinio . . . inopiae est.”] Atque cum opinio . . . inopiae sit; quumque ex fiducia praesentium vera auxilia negligantur in posterum, ex usa est, et plane ex necessitate, ut ab illis quae adhuc inventa sunt in ipso operis nostri limine (idque relictis ambagibus et non dissimulanter) honoris et admirationis excessus tollatur, utili monito, ne homines eorum aut copiam aut utilitatem in majus accipiant aut celebrent (125)

— “Of Marriage and Single Life” (1612). In Works, VI, 391-2.

referred to: 332

Bain, Alexander.

note: a professor at Aberdeen University.

referred to: 243

Baker, Elizabeth.

note: a nurse whose cruelty led to the death of a child (Albert Monks).

referred to: 103

Barker.

note: not otherwise identified. The reference, in a quotation from Austin, is to the case of Omychund v. Barker in 1744.

referred to: 192

Barnes, Thomas. Referred to: 427

Beaujeu, Anne, duchesse de.

note: sister of Charles VIII of France, regent 1483-91 as designated by their father, Louis XI.

referred to: 303

Beaumarchais, Pierre Augustin Caron de.La folle journée, ou Le mariage de Figaro (1785). In Oeuvres complètes. 7 vols. Paris: Collin, 1809, II, 57-320.

note: a 2-vol. Oeuvres complètes was formerly in SC.

referred to: 325

Beethoven, Ludwig van Referred to: 302

Bell, Andrew. Referred to: 385

Bentham, Jeremy. Referred to: 57, 167, 168, 245

— Constitutional Code (1827, 1841). In Works. Ed. John Bowring. 11 vols. Edinburgh: Tait; London: Simpkin. Marshall, Dublin: Cumming, 1843, IX.

note: in SC.

referred to: 24

— A Fragment on Government (1776). In Works, I, 221-95.

note: the quotation is indirect.

quoted: 22

22.17 every thing . . . be,] Nor is a disposition to find “everything . . . be,” less at variance with itself, than with reason and utility (I, 230)

— An Introduction to the Principles of Morals and Legislation (1789). In Works, I, 1-154.

referred to: 200

— Papers Relative to Codification and Public Instruction. Including Correspondence with the Russian Emperor, and Divers Constituted Authorities in the American United States (1817). In Works, IV, 451-533.

note: the same word is quoted in both places.

quoted: 56, 171

56.19 cognoscible] [paragraph] 2. As to form—here again, by one word—cognoscibility, every sort and degree of excellence, which, under this head, can be given to a body of law, will be found expressible (454)

171.13-14 cognoscible] [see collation for 56.19 above]

— Plan of Parliamentary Reform, in the Form of a Catechism, with an Introduction, Showing the Necessity of Radical, and the Inadequacy of Moderate Reform (1817). In Works, III. 433-557.

note: the indirect quotation is in a quotation from John Austin.

quoted: 32, 59

— Principles of Judicial Procedure, with the Outlines of a Procedure Code (1839). In Works, II, 1-188.

referred to: 174

Berkeley, George.

note: the reference at 60 is in a quotation from Austin, that at 243 is to the “Berkeleian controversy.”

referred to: 60, 242, 243

Bertha (of Kent). Referred to: 327

Biber, George Edward.Christian Education, in a Course of Lectures, Delivered in London, in Spring 1829. London: Wilson, 1830

note: on 69-70. Biber quotes from Manual of the System of Teaching Reading, Writing, and Arithmetic, in the Elementary Schools of the British and Foreign School Society which we were unable to consult.

quoted: 66, 67-9, 69-70, 71-3, 73-4

66.5 As regards the] [no paragraph] And as regards, lastly, the (181)

66.10 all fanciful] all the fanciful (181)

67.25 What] But what (162)

69.21 It] [no paragraph] But it (167)

69.21 system.] system, in which two evil spirits are so ingeniously yoked together in the service of man (167-8)

69.22 each school time] [in italics] (168)

69.22-3 every three months] [in italics] (168)

69.34 not] not (168)

69.37 calculating spirit] [in italics] (168)

69.38 reward tickets] [in italics] (168)

69.41 Mammon of unrighteousness] [in italics] (168)

70.2-3 pay . . . dismissed] [in italics] (168)

70.3-4 those . . . them] [in italics] (169)

70.5-6 in . . . them] [in italics] (169)

70.31 round the school-room] [in italics] (170)

70.32 proclaim] proclaim (170)

70.32-3 they . . . learning] [in italics] (170)

70.33 two . . . school] [in italics] (170)

71.7 The] [no paragraph] However that may be, it is certain that the (172)

71.7 and, as] and that, as (172)

71.21 grafted upon] grafted in upon (173)

72.25 beef] beef (175)

72.35 connecting] connecting (175)

73.18 at] for (176)

Bible. Referred to: 296

— Colossians.

quoted: 296

296.16 “Wives, obey your husbands.”] Wives, submit yourselves unto your own husbands, as it is fit in the Lord. (3.18)

296.17 “Slaves, obey your masters.”] Servants, obey in all things your masters according to the flesh; not with eyeservice, as menpleasers, but in singleness of heart, fearing God. (3.22)

— I Corinthians.

note: the reference is in a quotation from Biber.

referred to: 69

— Deuteronomy.

referred to: 58

— Exodus.

note: the reference is to the Ten Commandments.

referred to: 288

— Genesis.

quoted: 37

37.7 “it . . . good for man to be alone”] It . . . good that man should be alone. (2.18)

— Hosea.

note: the quotations are in a quotation from Biber.

quoted: 69

69.28 “love a reward upon every cornfloor”] Rejoice not, O Israel, for joy, as other people for thou hast gone a whoring from thy God, thou hast loved a reward upon every cornfloor. (9.1)

—Isaiah.

note: the quotation is in a quotation from Biber.

quoted: 69

69.30 “love gifts, and follow after rewards”] Thy princes are rebellious, and companions of thieves every one loveth gifts, and followeth after rewards they judge not the fatherless, neither doth the cause of the widow come unto them. (1.23)

— Judges.

note: the reference is to Deborah.

referred to: 302

— Luke.

note: the quotation is in a quotation from Biber, the reference at 68 is in a quotation from Biber, that at 257 is to the parable of the sower.

quoted: 69

referred to: 68, 257, 281, 389

69.41 “Mammon of unrighteousness.”] And I say unto you. Make to yourselves friends of the mammon of unrighteousness, that, when ye fail, they may receive you into everlasting habitations (16:9)

— Matthew.

quoted: 87

87.7 “as one having authority”] For he taught them as one having authority, and not as the scribes (7.29)

— Proverbs.

note: the quotation is in a quotation from Biber.

quoted: 71

71.15-16 him,”] him (27.22)

— Romans.

quoted: 296

296.21-2 “The powers. . . . God,”] For there is no power but of God the powers . . . God (13.1)

— Titus.

quoted: 39

39.19 “to the pure all things are pure”] Unto the pure all things are pure, but unto them that are defiled and unbelieving is nothing pure, but even their mind and conscience is defiled (1.15)

Blackburn, Colin. Charge to Middlesex Grand Jury in the Case of Governor Eyre (2 June, 1868). In “Ex-Governor Eyre,” The Times, 3 June, 1868, 9-10.

referred to: 434

Blackstone, William.Commentaries on the Laws of England. 4 vols. Oxford: Clarendon Press, 1765-69.

note: the reference at 21 is to Blackstone’s Commentaries (IV, 150) as one of the six legal authorities cited by Holt, q.v. The references at 178, 194 and 195 are cited by Austin, who used the 1st ed. The 5th ed. (1773) is in SC.

referred to: 21, 178, 194, 195

Blanche (of Castile).

note: mother of Louis IX of France, regent for several periods during his reign.

referred to: 303, 401

Blunt, John Henry, ed. The Annotated Book of Common Prayer, Being an Historical, Ritual, and Theological Commentary on the Devotional System of the Church of England. 7th ed. London: Oxford, and Cambridge: Rivingtons, 1876.

note: this version used for ease of reference. The reference is to “The Form of Solemnization of Matrimony,” 261-74.

referred to: 296

Boccaccio, Giovanni.Decameron (1353).

note: as the reference is simply to Griselda, the heroine of one of the stories, no ed. is cited.

referred to: 414

The Book of Common Prayer. See John Henry Blunt.

Bourdeille, Pierre de, seigneur de Brantôme.Les vies des dames galantes (1666). Vols. II and III of Mémoires de Messire Pierre de Bourdeille, seigneur de Brantôme. 10 vols. Leyden Sambix le jeune, 1665-1722.

note: see also Francis I, and Victor Hugo, Le roi s’amuse.

referred to: 312

Bourguignon, Louis Dominique (“Cartouche”).

note: his name became proverbial for highway robbers.

referred to: 137

Brand, Herbert Charles Alexander. Referred to: 430, 432, 434, 435

Brayne, William.

note: the reference is in a quotation from Carlyle.

referred to: 92

Breckinridge, John Cabell. Referred to: 157

Bridges, John Henry. “Minutes of Evidence Taken before the Royal Commission on the Administration and Operation of the Contagious Diseases Acts of 1866 and 1869,” PP, 1871, XIX, 818-25.

note: the “quotations” are questions asked by Bridges as member of the Commission.

quoted: 358-9

referred to: 350

Bright, John. Referred to: 427

Brougham, Henry Peter (Lord Brougham). Speech on the Address on the King’s Speech (29 Jan., 1828; Commons), PD, n.s., Vol. 18, cols. 49-58.

note: the quotation, in a quotation from The Cornish Guardian, is indirect.

quoted: 66-7

— Speech on National Education (14 Mar., 1833, Lords), PD, 3rd ser., Vol. 16, cols. 632-8.

referred to: 64, 65, 71

Brown, John.

note: the reference is in a quotation from Phillips.

referred to: 133n

— Last Speech (2 Nov., 1859). Reported in “Brown’s Trial,” New-York Daily Tribune, 3 Nov., 1859, 5.

note: the reference is in a quotation from Phillips.

referred to: 133n

Brown, Thomas. Referred to: 240, 243

Buller, Francis. Judgment in the Case of R. v. Archer (25 Jan., 1788). 100 English Reports 113.

note: the quotation is taken from Holt (q.v. for the collation). The “writing like the present” refers to the books of the corporation of Yarmouth, which recorded the payment to Watson of £2300 as just compensation for his fine of £1500 for a libel against a man called Hurry, wherein Watson had claimed that the recently acquitted Hurry would soon be indicted again. Originally appeared in 2 Term Reports 205.

quoted: 32

32.25 law . . . remedy] [not in italics] (113)

32.27 by writing] by a writing (113)

Buonarroti, Michelangelo. See Michelangelo

Burnet, Gilbert.

note: the reference is in a quotation from Austin.

referred to: 60

Burns, Robert.

note: the reference is to his poetry in general.

referred to: 233

— “Scots wha hae wi Wallace bled” (1794). In Works, New ed. 2 pts. London: Tegg, et al.; Dublin Milliken, et al.; Glasgow: Griffin, 1824, Pt. II, 254.

note: this ed. in SC, as was formerly The Poetical Works, 2 vols. (London: Pickering, 1830).

referred to: 252

Butler, Joseph.

note: the reference is in a quotation from Austin.

referred to: 60

Cairnes, John Elliot. Referred to: 145-6, 427

— The Slave Power: Its Character, Career, and Probable Designs Being an Attempt to Explain the Real Issues Involved in the American Contest. London: Parker, et al., 1862.

note: dedicated to JSM, 2nd ed. (1863) is in SC, inscribed “With the author’s regards.”

reviewed: 143-64

quoted: 146, 147, 147-8, 148, 148-9, 149, 149-50, 150, 151, 152, 152-3, 154, 155, 156, 157

146.11 “the most] In the following pages an attempt will be made to resolve this system into its component elements, to trace the connexion of the several parts with each other, and of the whole with the foundation on which it rests, and to estimate generally the prospects which it holds out to the people who compose it, as well as the influence it is likely to exercise on the interests of other nations, and, if I do not greatly mistake the purport of the considerations which shall be adduced, their effect will be to show that this Slave Power constitutes the most (18)

146.19 “The vastness,” . . . “of] The vastness of (18)

146.33-4 “it is . . . scruples.”] It is . . . scruples, and, if the system had been found suitable to the requirements of the country, it is to be presumed that they would have gradually extended its basis, and that, like their neighbours, especially since the treaty of Utrecht had secured for English enterprise the African slave-trade, they would have availed themselves of this means of recruiting their labour market (36)

147.4-5 “is . . . Europeans.”] The climate of the oldest of the Slave States—Virginia. Maryland, Delaware, North and South Carolina—is . . . Europeans * [footnote.] *Olmsted’s Slave States, pp. 131, 462-3 [text.] and, though the same is not true in the same degree of the Gulf States, yet it is a fact that these regions also afford examples of free European communities increasing in numbers under a semi-tropical climate, and rising to opulence through the labour of their own hands (37)

147.7-8 “are . . . and Spain.”] “The Southern parts of the Union,” says De Tocqueville, “are and of Spain, and it may be asked why the European cannot work as well there as in the two latter countries.” (38n)

147.10 “nearly] Nearly (38) [Cairnes is quoting Weston, Progress of Slavery, pp. 160-1]

147.19-20 “it . . . end.”] Slave labour, therefore, admits of the most complete organization, that is to say, it . . . end, and its cost can never rise above that which is necessary to maintain the slave in health and strength (44)

147.29 “not] [paragraph] Secondly, slave labour is unskilful, and this, not (45)

147.33 “The slave is unsuited] He is therefore unsuited (46)

147.36 commonest] coarsest (46)

147.37 labour.”] forms of labour * [footnote quoting Olmsted omitted] (46)

148.4 soil.”] soil * [footnote.] *Olmsted’s Seaboard Slave States, pp. 337 to 339 (46-7)

148.13 labourer can] labourer, Mr. Russell tells us,* [footnote.] *Russell’s North America, pp. 141, 164 [text.] can (50)

148.21 “the] And, in confirmation of this view it may be added that wherever in the Southern States the (52)

148.33 unfit.] unfit * [footnote quoting Olmsted omitted] (53)

148.35 cultivation,] cultivation,* [footnote quoting Russell omitted] (53)

148.37 account.] account.* [footnote omitted] (53)

149.3 product.] product * [footnote quoting Olmsted omitted] (54)

149.27 The] [no paragraph] The (66)

149.28 susceptibility of] susceptibility, that is to say, of (66)

149.32 required.] required (66)

149.40 classes From] classes. We arrive therefore at this singular conclusion, that, while large capitals in countries of slave labour enjoy peculiar advantages, and while the aggregate capital needed in them for the conduct of a given amount of industry is greater than in countries where labour is free, capital nevertheless in such countries is extremely scarce From (75)

150.2-3 exist “Our] exist. They form the burthen of most of what has been written on our West Indian Islands while under the regime of slavery, and they are not less prominently the characteristic features of the industrial system of the Southern States. “Our (75-6)

150.16-17 “mean whites” or “white trash.”] Such are the “Mean whites” or “white trash” of the Southern States. (76)

150.20 Become the] [no paragraph] For the tracts thus left, or made, desolate become in time the (75)

150.34 supporters] supports (75)

150.40 “it] [paragraph] The constitution of a slave society, it has been seen, is sufficiently simple it (85)

150.41 classes—] classes, broadly distinguished from each other, and connected by no common interest— (85)

151.3 “When] [no paragraph] When (85)

151.7 property, political] property—in a society so constituted, political (86)

151.19 party,] party,* [footnote omitted] (86)

151.22 few . . . [paragraph] To] [ellipsis indicates 5-page omission] (87-92)

152.2 “between] The truth is, between (98)

152.3 America,”] America, there exist the most deep reaching distinctions (98)

152.22 wants, a] wants, it is obvious that a (101)

152.34 His] His (101) [treated as typographical error in this ed.]

152.40 senator.” Modern slaveholders, on the contrary, are rendered independent] senator.” The industrial necessities of Roman society (and the same was true of society in the middle ages) in this way provided for the education of at least a large proportion of the slave population, and education, accompanied as it was by a general elevation of their condition, led, by a natural and almost inevitable tendency, to emancipation.* [footnote quoting Congreve’s Politics of Aristotle omitted] [text.] [paragraph] But in the position of slavery in North America there is nothing which corresponds to this. Owing to the vast development in modern times of international trade, modern slaveholders are independent (102-3)

153.19 “the] [paragraph] But there is yet another distinction between the slavery of modern times and slavery as it was known among the progressive communities of former ages, which deserves to be noticed—I mean the (107)

153.23 labour, can] labour, which can [sic] (108)

153.25 and] or (108)

153.26 West.”] West.* [footnote omitted] (108)

153.29 “by] Now, it does this in two ways, by (109)

154.2-4 “mean whites” . . . “more . . . unmanageable”] It is universally agreed that the labour of the mean whites* [footnote.] *And it may be added, of such free labourers as will consent to the degradation of living in a slave community [text.] is more . . . unmanageable than even the crude efforts of the slaves (126)

154.8-9 “popular . . . speculations”] Under such conditions social intercourse cannot exist, popular . . . speculations, in short, all the civilizing agencies of highest value are, by the very nature of the case, excluded (129)

154.10-11 “a . . . passenger”] In South Carolina a . . . passenger.* [footnote.] *See Stirling’s Letters from the Slave States, p. 265 (131)

154.26 corner-stone] “corner stone” (139)

155.5-6 “‘There . . . Georgia,” . . . “in] “There . . . Georgia, “in (151) [Cairnes’s quotation marks adopted in this ed.]

155.16 certain limits] certain specified limits (152)

155.18 owner.”] owner.”* [footnote.] *Progress of Slavery, p. 227 (152) [Cairnes’s quotation marks adopted in this ed.]

155.29 despotism, he] despotism. He (155)

155.33 “‘is] “The commerce between master and slave,” says a slaveowner, “is (155) [Cairnes’s quotation marks adopted in this ed.]

155.35 it. The] it. . . . The (155)

155.38 peculiarities.”’] peculiarities.”* [footnote:] Jefferson’s Notes on Virginia, p. 39 (155) [Cairnes’s quotation marks adopted in this ed.]

156.22 “squatter sovereignty”] By this bill [the Kansas and Nebraska Bill] the Missouri Compromise was abrogated, and in its place a principle was established, popularly known as that of “squatter sovereignty,” by which it was resolved that the future settlement of the Territories should be determined (195)

156.27 “border ruffians”] Bands of border ruffians were mustered on the Missouri frontier, and held in leash to be let slip at the decisive moment (197)

157.7 “is one] It forms, as it seems to me, one (221)

Caligula (Gaius Caesar). Referred to: 286

Camden, Lord. See Charles Pratt.

Carafa, Antonio.

note: for the collation see De Thou.

quoted: 66

Cardwell, Edward (Viscount).

note: the reference is to him as the Secretary of State for the Colonies.

referred to: 430

— Despatch from the Right Hon. Edward Cardwell, M.P., to Lieut.-Gen. Sir H.K. Storks, PP, 1866, LI, 137-43.

quoted: 424, 426

424.24-6 “arduous task” to some person “who . . . troubles.”] It remains therefore to decide whether the inauguration of the new Government shall be accomplished by Mr. Eyre, or whether Her Majesty shall be advised to intrust that arduous task to some other person who . . . troubles (143)

426.21-2 “Great offences,” . . . “must be punished.”] But great offences ought to be punished (143)

Carey, Henry Charles.The French and American Tariffs Compared, in a Series of Letters Addressed to Mons. Michel Chevalier, Philadelphia, printed Collins, 1861.

referred to: 132, 138

Carlisle, Earl of. See George William Frederick Howard.

Carlyle, Thomas. “Biography,” Fraser’s Magazine, V (Apr., 1832), 253-60.

quoted: 39

39.14-15 “an open loving heart.”] One grand, invaluable secret there is, however, which includes all the rest, and, what is comfortable, lies clearly in every man’s power, To have an open loving heart, and what follows from the possession of such! (259)

— Letter to Hamilton Hume (23 Aug., 1866), The Times, 12 Sept. 1866, 6.

referred to: 428n

— “Occasional Discourse on the Negro Question,” Fraser’s Magazine, XL (Dec., 1849), 670-9.

note: when Carlyle republished the essay, after Mill’s attack, he retitled it “The Nigger Question.” JSM’s “The Negro Question” (85-95), is a reply to Carlyle’s essay, not strictly a review.

quoted: 87, 88, 89, 89-90, 91, 92, 94

referred to: 87-95

87.1 “rights of Negroes”] My Philanthropic Friends.—It is my painful duty to address some words to you, this evening, on the Rights of Negroes (670)

87.4 “immortal gods”] Both these things, we may be assured, the immortal gods have decided upon, passed their eternal act of parliament for and both of them, though all terrestrial Parliaments and entities oppose it to the death, shall be done (675)

87.4 “The Powers”] If Quashee will not honestly aid in bringing out those sugars, cinnamons, and nobler products of the West Indian Islands, for the benefit of all mankind, then I say neither will the Powers permit Quashee to continue growing pumpkins there for his own lazy benefit, but will sheer him out, by and by, like a lazy gourd overshadowing rich ground, him and all that partake with him,—perhaps in a very terrible manner (675)

87.4 “the Destinies”] For, under favour of Exeter Hall, the ‘terrible manner’ is not yet quite extinct with the Destinies in this Universe, nor will it quite cease, I apprehend, for soft sawder or philanthropic stump-oratory now or henceforth (675)

87.5-6 “have . . . for.”] [see collation for 87.4 above]

87.9 “eternal . . . Parliament”] [see collation for 87.4 above]

87.12-13 “born lord” . . . “servant”] You are not ‘slaves’ now, nor do I wish, if it can be avoided, to see you slaves again but decidedly you will have to be servants to those that are born wiser than you, that are born lords of you,—servants to the whites, if they are (as what mortal can doubt they are?) born wiser than you (676-7)

87.13-14 “compelled to work” . . . “beneficent whip” . . . “other . . . not.”] Quashee, if he will not help in bringing out the spices, will get himself made a slave again (which state will be a little less ugly than his present one), and with beneficent whip, since other methods avail not, will be compelled to work. (675)

87.15 “the gods”] The gods are long-suffering, but the law from the beginning was, He that will not work shall perish from the earth, and the patience of the gods has limits! (675)

88.4 jargon,” . . . “hearts] jargon,—sad product of a sceptical Eighteenth Century, and of poor human hearts (671)

88.4 destitute] destitute (671)

88.5-6 heathen,” . . . “human species” . . . “reduced . . . alone.”] Heathen, and reduced alone, and to cultivate the same under its Christian, Antichristian, Broad-brimmed. Brutus-headed and other forms,—has not the human species gone strange roads, during that period? (671)

89.16-18 “wish to see” . . . “if . . . avoided.” . . . “decidedly” . . . “will . . . servants,” “servants . . . whites,”] [see collation for 87 12-13 above]

89.18 “compelled to labour” . . . “not . . . minute.”] And I incessantly pray Heaven, all men, the whitest alike and the blackest, the richest and the poorest, in other regions of the world, had attained precisely the same right, the divine right of being compelled (if ‘permitted’ will not answer) to do what work they are appointed for, and not to go idle another minute, in a life so short! (674)

89.19 “Black Quashee”] And now observe, my friends, it was not Black Quashee or those he represents that made those West India Islands what they are, or can by any hypothesis be considered to have the right of growing pumpkins there (674)

89.19 “up . . . pumpkins”] Sitting yonder with their beautiful muzzles up . . . pumpkins, imbibing sweet pulps and juices, the grinder and incisor teeth ready for every new work, and the pumpkins cheap as grass in those rich climates while the sugar-crops rot round them uncut, because labour cannot be hired, so cheap are the pumpkins,—and at home we are but required to rasp from the breakfast loaves of our own English labourers some slight ‘differential sugar-duties,’ and lend a poor half-million or a few poor millions now and then, to keep that beautiful state of matters going (671)

89.20 “working . . . day”] The West Indies, it appears, are short of labour, as indeed is very conceivable in those circumstances where a Black man by working . . . a-day (such is the calculation) can supply himself, by aid of sun and soil, with as much pumpkin as will suffice he is likely to be a little stiff to raise into hard work! (672)

89.32 “an eye-sorrow” . . . “blister . . . state”] Any poor idle Black man, any idle White man rich or poor, is a mere eye-sorrow to the State, a perpetual blister . . . State (676)

89.35 world.”] world, and woe is to every man who, by friend or by foe, is prevented from fulfilling this the end of his being (673)

89.36-7 “sacred . . . earth” . . . “his . . . enemy.”] Whatsoever prohibits or prevents a man from this his sacred . . . earth,—that, I say, is the man’s deadliest enemy, and all men are called upon to do what is in their power or opportunity towards delivering him from it (673)

89.37-90.2 “his own indolence” . . . “the first right he has” . . . “by some wise means compel . . . for.”] If it be his own indolence that prevents and prohibits him, then his own indolence is the enemy he must be delivered from: and the first “right” he has,—poor indolent blockhead, black or white, is, that every unprohibited man, whatsoever wiser, more industrious person may be passing that way, shall endeavour to “emancipate” him from his indolence and by some wise means, as I said, compel . . . for (673)

90.6-7 “divine . . . for”] [see collation for 89.18 above]

90.9-10 “the eternal . . . will”] The one perfect eternal proprietor is the Maker who created them the temporary better or worse proprietor is he whom the Maker has sent on that mission, he who the best hitherto can educe from said lands the beneficent gifts the Maker endowed them with, or, which is but another definition of the same person, he who leads hitherto the manfullest life on that bit of soil, doing, better than another yet found can do, the Eternal Purpose and Supreme Will there (674)

90.10-11 “injustice” . . . “for . . . accursed”] For injustice is for ever accursed and precisely our unfairness toward the enslaved black man has,—by inevitable revulsion and fated turn of the wheel,—brought about these present Confusions (676)

91.3-5 “spices.” “The gods . . . Indies”] No, the gods . . . Indies thus much they have declared in so making the West Indies,—infinitely more they wish that manful industrious men occupy their West Indies, not indolent two-legged cattle, however happy over their abundant pumpkins! (675)

91.5 “noble . . . grey”] For countless ages, since they first mounted oozy on the back of earthquakes, from their dark bed in the Ocean deeps, and reeking saluted the tropical Sun, and ever onwards till the European white man first saw them some three short centuries ago, those Islands had produced mere jungle, savagery, poison-reptiles and swamp-malaria till the white European first saw them, they were as if not yet created,—their noble . . . grey, lying all asleep, waiting the white Enchanter who should say to them, Awake! (674-5)

91.6 “things . . . pumpkins.”] The Islands are good withal for pepper, for sugar for sago, arrowroot, for coffee, perhaps for cinnamon and precious spices, things . . . pumpkins, and leading towards commerces, arts, polities, and social developements which alone are the noble product, where men (and not pigs with pumpkins) are the parties concerned! (674)

91.8 “immortal gods”] [see collation for 87.4 above]

91.9-10 “towards . . . developements”] [see collation for 91.6 above]

92.3 “divine right”] [see collation for 89.18 above]

92.9-11 “It was . . . are”] And now observe my friends, it was . . . are or can by any hypothesis be considered to have the right of growing pumpkins there (674)

92.12-14 “Under . . . men” . . . “had . . . laid”] But under the soil of Jamaica, before it could even produce spices or any pumpkin, the bones of many thousand British men had to be laid. (676)

92.13-14 “brave . . . Brayne”] Brave . . . Brayne,—the dust of many thousand strong old English hearts lies there, worn down swiftly in frightful travail, chaining the Devils, which were manifold (676)

92.18 “compel.”] And his own happiness, and that of others round him, will alone be possible by his and their getting into such a relation that this can be permitted him, and in case of need that this can be compelled him (673-4)

92.20-1 “Never . . . his” . . . “could . . . throat.”] Never . . . his could . . . throat, nothing but savagery and reeking putrefaction could have grown there (675)

92.23-5 “Little . . . jungle.”] Let him, by his ugliness, idleness, rebellion, banish all White men from the West Indies, and make it all one Haiti,—with little . . . jungle,—does he think that will for ever continue pleasant to gods and men? (675)

92.31-4 “You . . . you.”] [see collation for 87.12-13 above]

94.5-6 “the new . . . little” . . . “take . . . others”] If the new . . . little, take . . . others, what remedy is there? (672)

94.8 “a black Ireland.”] To have ‘emancipated the West Indies into a Black Ireland, free indeed, but an Ireland, and black’ (672)

94.30 “Universal . . . Association”] Taking, as we hope we do, an extensive survey of social affairs, which we find all in a state of the frightfullest embroilment, and as it were of inextricable final bankruptcy, just at present, and being desirous to adjust ourselves in that huge upbreak, and unutterable welter of tumbling ruins, and to see well that our grand proposed Association of Associations, the UNIVERSAL ABOLITION-OF-PAIN ASSOCIATION, which is meant to be the consummate golden flower and summary of modern Philanthropisms all in one, do not issue as a universal ‘Sluggard-and-Scoundrel Protection Society,’—we have judged that, before constituting ourselves, it would be very proper to commune earnestly with one another, and discourse together on the leading elements of our great Problem, which surely is one of the greatest (670)

94.34-6 “the Destinies” . . . “terrible manner” . . . “for soft . . . stump-oratory,”] [see collation for 87.4 above]

— On Heroes, Hero-Worship, and the Heroic in History. London: Fraser, 1841.

note: in SC. JSM is citing Goethe (in whose work the passage has not been found), but there is little doubt that he took the reference from Carlyle, who says. “In this point of view, too, a saying of Goethe’s, which has staggered several, may have meaning. ‘The Beautiful,’ he intimates, ‘is higher than the Good, the Beautiful includes in it the Good.”’ (132).

referred to: 255

— Past and Present. London: Chapman and Hall, 1843.

note: in SC.

referred to: 90

— Sartor Resartus (1833-34). 2nd ed. Boston: Munroe, 1837.

note: in SC.

referred to: 90

— “Signs of the Times,” Edinburgh Review, XLIX (June, 1829), 439-59.

referred to: 90

Carnarvon, 4th Earl of. See Henry Howard Molyneux Herbert.

Carrington, Nathan.

note: the reference is to the case of Entick v. Carrington in 1765 over which Lord Camden (q.v.) presided.

referred to: 24

Cartouche. See Louis Dominique Bourguignon.

Catherine II (of Russia).

note: known as Catherine the Great.

referred to: 304, 401

Catherine de’ Medici. Referred to: 304

Chadwick, Edwin. “Copy of Two Papers Submitted to the [Education] Commission by Mr. Chadwick, as to Half-Time Teaching and Military and Naval Drill, and on Time and Cost of Popular Education on a Large and Small Scale, with a Further Return, Being a Letter to Mr. Senior, Explanatory of the Former Paper,” PP, 1862, XLIII, 1-160.

note: the quotation is of evidence by Tufnell, q.v.

quoted: 213-14

referred to: 209, 210, 212

213.34 It] As a proof of this, I may mention that it (143)

Charlemagne. Referred to: 303

Charles I (of England). Referred to: 402

Charles V (Holy Roman Emperor). Referred to: 303, 402

Charles VIII (of France). Referred to: 303

Chesson, Frederick William.

note: the references are to him as Honorary Secretary of the Jamaica Committee, co-signer of the accounts published here as App. E.

referred to: 422, 427, 429

Christie, Hugh.A Grammar of the Latin Tongue, After a New and Easy Method, Adapted to the Capacities of Children. Edinburgh: Donaldson, 1758.

referred to: 221-2

Clarke, Samuel.

referred to: 423, 428, 430

Clarkson, Thomas. Referred to: 141

Clay, Clement Claiborne. “Address of Hon. C.C. Clay, Jr. Delivered before the Chunnenuggee Horticultural Society of Alabama,” De Bow’s Review, o.s. XIX (Dec., 1855), 725-8

note: the quotation is in a quotation from Cairnes.

quoted: 150

150.3 planters,” . . . “are] planters, with greater means and no more skill, are (727)

Clovis (of the Franks). Referred to: 327

Clotilda (of the Franks). Referred to: 327

Cobbett, William.

note: the reference is to the libel trial of Cobbett before Lord Ellenborough in 1804 for a series of articles in his Political Register.

referred to: 30

— and John Wright, eds. The Parliamentary History of England, from the Norman Conquest, in 1066, to the Year 1803. 36 vols. London: Bagshaw, Longmans, 1806-20.

note: the reference is to Pitt’s extending the strong arm of power to crush critics by means of “The King’s Proclamation against Seditious Writings” (21 May, 1792).

referred to: 26

Cobden, Richard. See under Parliamentary Papers, treaty of 23 Jan., 1860

Cockburn, Alexander James Edmund.Charge of the Lord Chief Justice of England to the Grand Jury at the Central Criminal Court, in the Case of the Queen against Nelson and Brand. Ed. Frederick Cockburn, London: Ridgway, 1867

quoted: 431, 433

431.4-5 “inadmissible before . . . tribunal”] A man has been condemned, sentenced to death, and executed upon evidence which would not have been admitted before . . . tribunal and upon evidence which, if admitted, fell altogether short of establishing the crime with which he was charged (153)

431.5 “morally worthless”]. And I must further say that, looking at this evidence, I come irresistibly to the conclusion that no jury, however influenced by prejudice or passion arising out of local or other circumstances, if they had been guided by a competent, impartial and honest judge, could, upon evidence so morally and intrinsically worthless and, as I shall show you presently, so wholly inconclusive as that evidence was, have condemned that man on the charges on which he was tried (115)

431.5-6 think,” . . . “who] think who (165)

431.9 say,” . . . “is] say is (165)

431.23 “dangerous and pernicious”] I cannot too strongly express my dissent from, or my thorough disapprobation of, this most dangerous and pernicious doctrine, for which I am glad to think there is no authority whatever (155)

431.24 “almost shuddered when he read them”] I have seen it written—and I confess I almost shuddered as I read it—that it was justifiable to send Mr. Gordon to a court-martial to be tried, because a court-martial would be justified in convicting a man when mischief had resulted from acts of his, although that mischief had been entirely beyond the scope of or even contrary to his intention, as if it could make any difference in the quality of the oftence for which a man was tried, whether he was tried before one tribunal or another (153-4)

433.34 “unlawfully and unjustifiable”] I entertain a very strong opinion that the whole proceeding—the seizing him where he was, the putting him on board a steamer, and taking him to Morant Bay and handing him over to the martial tribunal—was altogether unlawful and unjustifiable (114)

Code Napoléon. See Statutes, France.

Coke, Edward.The First Part of the Institutes of the Lawes of England; or, A Commentarie upon Littleton, Not the Name of a Lawyer Onely, but of the Law It Selfe. London: Society of Stationers, 1628.

note: the reference at 173 is in a quotation from Austin.

referred to: 22, 173

— Judgment in the Case de Libellis Famosis, 1606. 77 English Reports 250.

note: one of the six legal authorities cited by Holt, q.v. Originally appeared in 5 Coke 125.

referred to: 21

Coleridge, Samuel Taylor.The Friend: A Series of Essays, in Three Volumes, to Aid in the Formation of Fixed Principles in Politics, Morals, and Religion, with Literary Amusements Interspersed. 3 vols. London: Rest Fenner, 1818.

note: in SC.

referred to: 187

Collier, Robert Porrett (Lord Monkswell).

note: counsel to the Jamaica Committee.

referred to: 431, 432

Collinson, Richard. Referred to: 350

A Complete Collection of State Trials. See Howell.

Condorcet, Marie Jean Antoine Nicolas Caritat, marquis de.Esquisse d’un tableau historique des progres de l’esprit humain. Paris: Agasse, 1795.

referred to: 399

Coote, Holmes. Referred to: 350

Corinna. Referred to: 314

The Cornish Guardian and Western Chronicle. Leading article, 13 June, 1834, 4.

quoted: 66-7

66.32-67.1 “The schoolmaster,” . . . “the schoolmaster may be abroad, but] “The schoolmaster” may “be abroad,” but (4)

67.2 ungratefully,”] ungratefully (4)

Cousin, Victor.Report on the State of Public Instruction in Prussia. Trans. Sarah Austin, London: Wilson, 1834.

reviewed: 61-74

quoted: 64

64.6 “Constituted,” says she, “as] Constituted as (viii)

Cowen, Joseph. Referred to: 427

Cowper, William. “Tirocinium.” In The Task, a Poem, in Six Books, to Which Are Added by the Same Author, An Epistle to Joseph Hill, Esq., Tirocinium, or a Review of Schools, and The History of John Gilpin. London: Johnson, 1785, 289-341.

note: the quotation is in a quotation from William Smith.

quoted: 83-4

84.1 he who runs may read] [paragraph] Truths that the learn’d pursue with eager thought, / Are not important always as dear-bought, / Proving at last, though told in pompous strains, / A childish waste of philosophic pains, / But truths on which depends our main concern, / That ’tis our shame and mis’ry not to learn, / Shine by the side of ev’ry path we tread, / With such a lustre, he that runs may read (297, 73-80)

Cuvier, Georges Léopold Chrétien Frédéric Dagobert, baron. Referred to: 311

Dante Alighieri. Referred to: 254

Davis, Jefferson. Referred to: 141, 141n

Davis, Paulina Kellogg Wright. Referred to: 395

Deborah. See Bible, Judges

Demosthenes.

note: the references are to the Orations in general.

referred to: 229, 231, 254

Derby, Countess of. See Charlotte Stanley

Derby, Earl of. See Edward George Geoffrey Smith Stanley

Dicey, Edward.Six Months in the Federal States. 2 vols. London and Cambridge: Macmillan, 1863.

note: in SC. Portions were also printed in Macmillan’s Magazine and the Spectator.

referred to: 162

Diogenes Laertius.Lives of Eminent Philosophers (Greek and English). Trans. R.D. Hicks. 2 vols. London: Heinemann; New York: Putnam’s Sons, 1925

note: this ed. used for ease of reference.

quoted: 186

Disraeli, Benjamin. Speech on the Outbreak in Jamaica (19 July, 1866. Commons), PD, 3rd ser., Vol. 184, cols. 1066-9

referred to: 423, 424, 431

Dupin, Amandine Aurore Lucie, baronne Dudevant. (“George Sand”) Referred to: 315

Edinburgh Review. Referred to: 136

Eldon, Lord. See John Scott

Elizabeth I (of England). Referred to: 123, 302, 401

Ellenborough, Lord. See Edward Law

Entick, John.

note: the reference is to the case of Entick v. Carrington in 1765 over which Lord Camden (q.v.) presided.

referred to: 24

Ethelbert (of Kent). Referred to: 327

Eustis, George. Referred to: 130

Eyre, Edward John. Referred to: 422-35

— Despatch to Mr. Cardwell (20 Oct., 1865). The Times, 20 Nov., 1865, 9.

quoted: 430

referred to: 425, 428

430.5 “the rebellion had been crushed”] In the lately disturbed districts the rebellion is crushed, in the others it is only kept under for the present but might at any moment burst into fury (9)

— Letter to Brigadier-General Nelson (22 Oct., 1865). In Minutes of Evidence Taken before the Jamaica Royal Commission. PP, 1866, XXXI, 636.

referred to: 425, 430

— Letter to the Editor (2 June, 1868), The Times, 4 June, 1868, 7.

referred to: 434

Fawcett, Henry. Referred to: 427

Ferrier, James Frederick. Referred to: 463

Finch, William. “Observations of William Finch. Merchant. Taken out of His Large Journall.” In Samuel Purchas. Purchas His Pilgrimes. 4 vols. London: Fetherstone, 1625, I, 414-40.

referred to: 26

Fitzroy, Henry.

note: the references derive from the introduction by Fitzroy (Under-Secretary of State for the Home Department) of “A Bill for the Better Prevention and Punishment of Aggravated Assaults upon Women and Children,” q.v.

referred to: 101-8 passim

— Speech in Introducing. “A Bill for the Better Prevention and Punishment of Aggravated Assaults upon Women and Children” (10 Mar., 1853; Commons), PD, 3rd ser., Vol. 124, cols. 1414-19.

referred to: 103, 105

Fleming, Edward. Referred to: 423

Fletcher, Andrew.An Account of a Conversation Concerning a Right Regulation of Governments for the Common Good of Mankind. In a Letter to the Marquiss of Montrose, the Earls of Rothes, Roxburg, and Hadington, from London the 1st of December, 1703. Edinburgh: n.p., 1704.

note: known as Fletcher of Saltoun.

quoted: 252

252.21 “Let . . . songs”] I said, I knew a very wise man so much of Sir Chr—’s [Christopher’s] sentiment, that he believed if a man were permitted to make all the Ballads, he need not care who should make the Laws of a Nation (10)

Fonblanque, Edward Barrington de.The Life and Labours of Albany Fonblanque. London: Bentley, 1874.

note: the reference arises from a phrase JSM attributes to “somebody,” and Fonblanque attributes to JSM. It is a variation on the phrase, “a Radical because he is not a lord.” See CW, VI, 353.

referred to: 397

Fontenelle, Bernard Le Bovier de.Digression sur les anciens et les modernes (1688). In Oeuvres. New ed. 10 vols. Paris: Libraires associés, 1766, IV, 169-98.

note: in SC.

referred to: 220

Forman, Jacob Gilbert. “Women’s Rights Convention at Worcester, Mass.,” New York Daily Tribune, 25 Oct., 1850, 5-6.

quoted: 395-6

referred to: 400, 415

396.3 are entitled] are clearly entitled (6)

396.4 office . . . and] office, the omission to demand which on their part is a palpable recreancy to duty, and the denial of which is a gross usurpation on the part of man—no longer to be endured—and (6)

396.8 struck] stricken (6)

— “Women’s Rights Convention at Worcester, Mass.,” New York Daily Tribune, 26 Oct., 1850, 5-6.

quoted: 395, 396, 415

referred to: 415

395.22 “if] If (6)

395.23-4 “crowded from the beginning with] This hall had been crowded from the beginning thus far with (6)

396.9 in after-life . . . and] in after life, for the faculties we are laboring to discipline, is the honest stimulus to fidelity, in the use of Educational advantages, and (6)

396.12 women] Woman (6)

396.12 them] her (6)

396.13 their . . . their] her . . . her (6)

396.14 open to them.] open, to arouse her ambition, and call forth all her nature (6)

396.15-16 women . . . conscience] Woman, until you accord to her her rights, and arouse her conscience (6)

396.16 their] her (6)

396.18 persons] parties (6)

396.24-5 1 Education . . . institutions.] Education, in Primary and High Schools, Universities, Medical, Legal and Theological Institutions, as comprehensive and exact as their abilities prompt them to seek, and their capabilities fit them to receive (6)

396.26 industry.] industry, with such limits as are assigned by taste, intuitive judgment, or their measure of spiritual and physical vigor, as tested by requirement (6)

415.10-11 “social and spiritual union”] Such Social and Spiritual Union as will enable them to be the Guardians of pure and honourable manners—a high Court of Appeal, in cases of outrage, which cannot be and are not touched by Civil and Ecclesiastical organizations, as at present existing, and a medium of expressing the highest moral and spiritual views of Justice, dictated by Human Conscience and sanctioned by Holy Inspirations (6)

415.11-12 “a medium . . . justice”] [see preceding collation]

Fortescue, Richard.

note: the reference derives from Carlyle.

referred to: 92

Fox, William Johnson. “Religious Prosecutions,” Westminster Review, II (July, 1824), 1-26.

referred to: 8

Francis I (of France).

note: see also Pierre de Bourdeille, Les vies des dames galantes, and Victor Hugo, Le roi s’amuse.

referred to: 312, 402

Franck, Sebastian.Paradoxa ducenta octoginta. [Ulm: Varnier, 1535.]

note: the quotation is in a quotation from Biber, for the rest of the maxim, see De Thou Historia.

quoted: 66

66.14-15 Mundus vult decipt ergo decipiatur.] Munaus vult decipt. (141, No. 237)

Fraser’s Magazine. Referred to: 158

Frémont, John Charles.

note: JSM uses the spelling Fremont.

referred to: 132

French Code. See under Statutes, France.

Fry, Elizabeth. Referred to: 385

Gaius. See Heineccius, Elementa . . . pandectarum.

Gaywood, John.

note: a child whose death was caused by a nurse’s (Mary Ann Oldham’s) cruelty.

referred to: 103-4

Genghis Khan. Referred to: 140

George III (of England).

note: the reference is to his being libelled by John Hunt.

referred to: 31

George IV (of England).

note: the reference is to his being libelled by Daniel Whittle Harvey.

referred to: 31

Gibbon, Edward.The History of the Decline and Fall of the Roman Empire. 6 vols. London: Strahan and Cadell, 1776-88.

note: the quotation is in a quotation from Cairnes.

quoted: 152

152.38-9 “The youths of promising genius,” . . . “were]. The youths of a promising genius were (I, 42)

152.39 and almost every] and their price was ascertained by the degree of their skill and talents.⁵⁶ [footnote omitted] Almost every (I, 42)

152.39-40 liberal and mechanical] either liberal⁵⁷ [footnote omitted] or mechanical (I, 42)

Gifford, Robert.

note: Master of the Rolls in 1825, but Solicitor-General in 1817, when the Attorney-General was Samuel Shepherd, q.v.

referred to: 30

Godwin, William.Things As They Are; or, The Adventures of Caleb Williams. 3 vols. London: Crosby, 1794.

note: the phrase (indirectly quoted) was popular in an ironic sense, occurring, for example, as a heading in James Mill’s Commonplace Book (London Library), Vol. III, f. 145r.

quoted: 12

Goethe, Johann Wolfgang von.

note: see also Thomas Carlyle, On Heroes.

referred to: 255

Gordon, George William. Referred to: 422-35

Gorrie, John. Referred to: 426, 432

Grant, John Peter. Referred to: 429

— Speech to the Legislative Council of Jamaica (16 Oct., 1866), The Times, 13 Nov., 1866, 7.

referred to: 429-30

Grant, William. Referred to: 423

Granville, Lord. See Granville George Leveson-Gower

Grattan, Henry.

note: the reference is to his speeches.

referred to: 252

Gray, Thomas.

note: the reference is to his poetry in general.

referred to: 233

— An Elegy Wrote in a Country Church Yard (1751). In The Works of Thomas Gray, with Memoirs of His Life and Writings by William Mason. Ed. Thomas James Mathias. 2 vols. London: Porter, 1814, I, 57-63.

note: in SC.

referred to: 254

Gregory, Robert. Referred to: 350

Guizot, François Pierre Guillaume. Despatch to Metternich on the Incorporation of Cracow (3 Dec., 1846), La Presse, 4 Dec., 1846, 1.

note: the relevant passages were quoted from La Presse in The Times, 7 Dec., 1846, 4.

referred to: 348

Habeas Corpus Act. See 31 Charles II, c. 2.

Hale, Matthew.An Analysis of the Law. Being a Scheme, or Abstract, of the Several Titles and Partitions of the Law of England, Digested into Method. London: Walthoe, 1713

referred to: 194

Hallam, Henry.The Constitutional History of England, from the Accession of Henry VII to the Death of George II. 2 vols. London: Murray, 1827

referred to: 227

Hamilton, William. Referred to: 243

— “Study of Mathematics—University of Cambridge,” Edinburgh Review, LXII (Jan., 1836), 409-55.

note: reprinted in Hamilton’s Discussions (1852), 263-325.

referred to: 236

Hammill, John. See The Times, 25 Mar., 1853.

Handel, George Frederick. Referred to: 255

Hannah, John. “Minutes of Evidence Taken before the Royal Commission on the Administration and Operation of the Contagious Diseases Acts of 1866 and 1869.” PP, 1871, XIX, 818-25

note: the “quotations” are questions asked by Hannah, a member of the Commission.

quoted: 355-6

referred to: 350

Hardwicke, Lord. See Philip Yorke

Hartley, David. Referred to: 243

Harvey, Daniel Whittle.

note: the reference is to his trial for libelling King George IV in 1823 in his paper the Sunday Times.

referred to: 31

Hawkins, William.A Treatise of the Pleas of the Crown: or, A System of the Principal Matters Relating to That Subject, Digested under Their Proper Heads. 2 vols. London: Walthoe, 1716-21

note: one of the six legal authorities cited by Holt, q.v.

referred to: 21

Haydn, Franz Joseph. Referred to: 315

Heineccius, Johann Gottlieb.Elementa juris civilis secundum ordinem institutionum (1726) 6th ed. (1747). In Operum ad universam juris prudentiam. 8 vols. Geneva Cramer Heirs and Philibert Bros., 1744-49, V, 1-367 (separately paged from the next item)

note: in addition to this one, another ed. (Leipzig: Fritsch, 1766) is in SC.

quoted: 201, 201n, 202

201.19 “obligationes quae] De obligationibus, quae (V, 263, IV, i, title)

202.9 [see collation for 201.19 above]

— Elementa juris civilis, secundum ordinem pandectarum (1727), Ibid., V, 1-812.

note: the reference at 183 is to the Pandects, which JSM studied in this version. The reference at 197 to Gaius’ views, included in this work, is in a quotation from Austin.

referred to: 183, 197

Heloise.

note: JSM uses the form Heloisa.

referred to: 315

Helvétius, Claude Adrien.De l’esprit. Paris: Durand, 1758

referred to: 405-6

Henry IV (of France). Referred to: 401

Henry, Thomas. Referred to: 432

Herbert, Henry Howard Molyneux (4th Earl of Carnarvon). “Circular Despatch to Colonial Governors, Dated 30th January, 1867, on the Subject of Martial Law,” PP, 1867, XLIX, 395.

referred to: 434

Herodotus.Herodotus (Greek and English). Trans. A.D. Godley, 4 vols. London: Heinemann; New York: Putnam’s Sons, 1926-30

note: this ed. used for ease of reference. Two Greek and Latin eds. (Glasgow: Foulis, 1761, and Edinburgh: Laing, 1806) were formerly in SC.

referred to: 337

Hoadley, Benjamin (Bishop of Winchester).

note: the reference is in a quotation from Austin.

referred to: 60

Hobbes, Thomas.

note: the second reference at 58 is in a quotation from Austin, that at 204 derives from Austin.

referred to: 58, 204, 243

— Leviathan; or, The Matter, Form, and Power of a Commonwealth Ecclesiastical and Civil (1651). In The English Works. Ed. William Molesworth, 11 vols. London: Bohn, 1839-45, III.

note: in SC, as is ed. of 1855.

quoted: 226.

226.4 “Words are the counters of wise men, but the money of fools.”] For words are wise men’s counters, they do but reckon by them, but they are the money of fools, that value them by the authority of an Aristotle, a Cicero, or a Thomas, or any other doctor whatsoever, if but a man (III, 25, Pt. I, Chap. iv.)

Hobson, Tobias.

note: the quotation is traditionally ascribed to Hobson, a Cambridge hosteler, who gave his customers the choice of one horse or none.

quoted: 281

referred to: 282

Holmes, Timothy. Referred to: 350

Holt, Francis Ludlow.The Law of Libel. In Which Is Contained, a General History of This Law in the Ancient Codes, and of Its Introduction, and Successive Alterations, in the Law of England Comprehending a Digest of All the Leading Cases upon Libels, from the Earliest to the Present Time. London: Reed, Dublin: Phelan, 1812.

quoted: 18, 21, 23, 24, 25, 25-6, 26, 27, 28, 29, 30, 32

referred to: 15, 20, 29, 32

18.13 Our] [no paragraph] Our (39)

18.24 reign— ] reign? (40)

18.31 every society] every society (45)

18.32 to maintain the] to the above ends; which are necessary to maintain the (45)

18.33 exercise,] exercise, and, without which, governments would be successively adopted and rejected like opposite paradoxes in the schools,—and, without which, no magistrate, no corporation, could execute their duties (46)

21.1 A] [paragraph] A (50)

21.1-2 A . . . writing] [in italics] (50)

21.2 signs, pictures, &c.] [in italics] (50)

21.4 contempt and] contempt, or (50)

23.29 to subvert] to attempt to subvert (74)

23.35 wantonly to defame . . . indecorously to calumniate] [not in italics] (74)

24.34 governments must] governments,” says Lord Camden^†, [footnote.] ^†Entick v. Carrington, 2 Wils 275 [text.] “must (75)

25.40 truth] fruit (76)

27.3-7 [see quotation at 27.28-38]

28.12 “The law,” . . . “in] [paragraph] The law, in (103)

28.13 duty Invective] Duty [paragraph] Invective (103)

28.40 reflecting on the government] [in italics] (108)

29.7 Lord Chief Justice Raymond. Even a] [no paragraph] His lordship added, “even a (110-11)

29.20 Sir Philip Yorke (afterwards Lord Chancellor Hardwicke). He (the printer) is] [no paragraph] He may lawfully print and publish what belongs to his own trade, but he is (112)

29.22 administration] administration (112)

29.22 ministers.] ministers, nor yet to stain the character or reputation of any of his subjects (112)

29.27 “that the] [paragraph] The second of these points [urged by defence council] the court said they would not suffer to be argued “for the (55)

30.1 Lord Ellenborough. It] [no paragraph] It (119)

30.2 bringing . . . disesteem] [not in italics] (119)

30.4 crime, it] crime. It (119)

32.11 peaceable] decent (144)

32.14 party.] party* [footnote omitted] (144)

32.15 reflection,” . . . “on] reflection on (144)

32.21 Justice Buller. Nothing can] In this case Buller, justice, observed, “nothing can (145)

32.25 law . . . remedy] [not in italics] (145)

Holt, John. Referred to: 31

— Charge to the Jury in the Trial of John Tutchin, 1704. In Howell, A Complete Collection (q.v.), Vol. XIV, cols. 1125-9.

note: the quotation is taken from Francis Holt, q.v. This speech is also located in 90 English Reports 1133 and originally appeared in Holt K.B. 424.

quoted: 28-9

28.39 They] They say they are innocent papers, and no libels, and they (1128)

28.40 on] upon (1128)

28.42 such stations] Such or such stations (1128)

28.42 army. To] Army. [paragraph] To (1128)

29.2 men] people (1128)

29.3 subsist.] subsist, for it is very necessary for every Government that the people should have a good opinion of it (1128)

— Judgment in the Trial of Beare, 1698. 9] English Reports 363.

note: one of the six legal authorities cited by Holt, q.v. Originally appeared in 1 Salkeid 417.

referred to: 21

Homer. Referred to: 302

— Iliad (Greek and English). Trans. A.T. Murray. 2 vols. London: Heinemann, Cambridge, Mass.: Harvard University Press, 1946.

note: this ed. used for ease of reference. Iliad and Odyssey (Greek) 2 vols. (Oxford: 1800) was formerly in SC.

quoted: 327

Hooker, Richard.Of the Lawes of Ecclesiasticall Politie. 2 vols. London: Windet, [1593]-97.

note: the reference derives from Austin.

referred to: 178

Horace (Quintus Horatius Flaccus). Referred to: 231, 233

— Epistles. In Satires. Epistles and Ars poetica (Latin and English). Trans. H. Rushton Fairclough London: Heinemann. New York: Putnam’s Sons, 1926, 248-440.

note: this ed. used for ease of reference. Opera ed. William Baxter (Glasgow Mundell. 1796., is in SC.

referred to: 229

— Satires. Ibid., 4-244.

quoted: 412

referred to: 229

412.18-19 mens divinior] ingenium cui sit, cui mens divinior atque os magna sonaturum, des nominis huius honorem (52, I, iv, 43-4)

Horsley, Samuel.The Speeches in Parliament of Samuel Horsley. Ed. H. Horsley, Dundee: Chalmers, 1813.

note: the quotation is indirect. The comment was made by Bishop Horsley in Committee of the House of Lords on the Treason Bill introduced by Lord Grenville on 6 November, 1795. On the third reading, 13 November, the remark was attacked by Lord Lauderdale, and defended by Horsley.

quoted: 17

17.22-3 They [the people] have nothing to do with their rulers except to obey them]. All that the people had to do with the laws of the country was to obey them (167-8)

Horth, Samuel. Referred to: 107n

Howard, Benjamin C. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 24 vols. Washington, D.C. Morrison, 1857.

note: the reference is to Dred Scott v. John F.A. Sanford (December term, 1856).

referred to: 161

Howard, George William Frederick (7th Earl of Carlisle). Referred to: 415

Howard, John. Referred to: 94

Howell, Thomas Bayly, ed. A Complete Collection of State Trials and Proceedings for High Treason and Other Crimes and Misdemeanors from the Earliest Period to the Year 1783, with Notes and Illustrations Compiled by T.B. Howell, Esq. F.R.S., F.S.A., and Continued from the Year 1783 to the Present Time by Thomas Jones Howell, Esq. 34 vols. London: Longman, et al., 1809-28.

note: the reference at 22 is to Lord Ellenborough’s definition of libel as “any thing which hurts the feelings of any body.” Ellenborough’s statement formed part of his summing up in the case of the King against Cobbett, 24 May, 1804. On that occasion, Ellenborough stated. “Upon the subject of libel, it may be as well for me to observe, before I enter upon the question, that, by the law of England, there is no impunity to any person publishing any thing injurious to the feelings and happiness of an individual, or prejudicial to the general interests of the state” (Vol. XXIX, col. 49). The quotation at 22-3 is to the Indictment in the Trial of John Lambert and James Perry, for a libel upon His Majesty George III, which is cited as representative, there being no standard form of indictment. For example, the indictment of William Cobbett for libel in 1804 uses the term “dislike” rather than “contempt.” The 1819 Libel Act (60 George III & 1 George IV, c. 8) also uses the phrase “tending to bring into Hatred and Contempt the Person of His Majesty, His Heirs or Successors, or the Regent, or the Government and Constitution of the United Kingdom as by Law established, or either House of Parliament . . .” The quotations at 28-9 and 29 are taken from Francis Holt (q.v. for the collations), from speeches by Edward Law, Robert Raymond, and Philip Yorke, q.v.

quoted: 22, 22-3, 28-9, 29

Hughes, Thomas. Referred to: 427

Hugo, Victor.Le roi s’amuse. Paris: Renduel, 1832.

note: JSM’s reference is to the “famous distich” of Francis I, but tradition has it that his comment on women’s fickleness, carved in stone in his room at Chambord, was merely “Toute femme varie.” See Pierre de Bourdeille, Les vies des dames galantes. It seems certain that JSM is taking the distich “Souvent femme varie, “ Bien fol est qui s’y fie!” from the King’s (Francis I’s) song in Le roi s’amuse, IV, ii.

referred to: 312

Hume, David. Referred to: 243

— The History of England (1754-62). 8 vols. in 4. Oxford: Talboys and Wheeler, London: Pickering, 1826.

note: formerly in SC.

referred to: 227

Hume, Hamilton.

note: the reference is to him as one of the members of the Eyre Defence Committee.

referred to: 428

Hunt, John.

note: the reference is to his trial for libelling the deceased king, George III, in 1824.

referred to: 31

Hunter, John. See Thomas Ruddiman. The Rudiments of the Latin Tongue

Hypatia. Referred to: 315

Institutes. See Heineccius.

Irving, Washington.Chronicles of Wolfert’s Roost and Other Papers. Author’s ed. Edinburgh: Constable, London: Hamilton, Dublin: McGlashan, 1855

quoted: 161

161.8 “almighty dollar,”] In a word, the almighty dollar, that great object of universal devotion throughout our land, seems to have no genuine devotees in these peculiar villages, and unless some of its missionaries penetrate there, and erect banking-houses and other pious shrines, there is no knowing how long the inhabitants may remain in their present state of contented poverty. (30)

Isabella I (of Spain).

note: known as Isabella of Castile.

referred to: 401

Jackson, Andrew. Referred to: 132

James, Edward.

note: see also The Times, 16 Jan., 1866.

referred to: 422

James, Walter Charles. “Minutes of Evidence Taken before the Royal Commission on the Administration and Operation of the Contagious Diseases Acts of 1866 and 1869,” PP, 1871, XIX, 818-25

note: the “quotations” are questions asked by James, a member of the Commission.

quoted: 356-7, 368

referred to: 350

Jarvis, William. Referred to: 107n

Jefferson, Thomas.Notes, on the State of Virginia. Baltimore Pechin, 1800

note: the quotation is taken from Cairnes, who gives a reference to p. 39, the ed. Cairnes used has not been located, but the passage appears in all eds. in “Query XVIII.”

quoted: 155

Jehangir (Mogul Emperor).

note: see also William Finch.

referred to: 26

Jevons, Thomas.Remarks on Criminal Law, with a Plan for an Improved System, and Observations on the Prevention of Crime. London: Hamilton, Adams, Edinburgh. Waugh and Innes, Dublin: Curry, Liverpool: Marples, 1834

reviewed: 77-9

quoted: 78, 79

78.14 man,” “in] man, in (72)

78.18 certainty.”] certainty how much less then can this punishment be justified, if its effects are uniformly bad, as concerns both the individual object of it and the public at large, which there is too much reason to believe is the actual result at the present time, as well as in all past ages. (72)

78.19 “for example’s sake,”] [see next collation]

78.20 “earnest] [paragraph] When we consider the history of the punishments that have from time to time been inflicted for example’s sake, it is enough to make us shudder at the degraded state to which our species has in some countries been reduced by this debasing practice, and to express our earnest (72-3)

79.3 “the fundamental] [paragraph] The fundamental (23)

79.3 should govern] should alone govern (23)

79.4 state, viz. protection] state appears, from what has been said, to be simply protection—protection (23)

79.4 and property,”] and of property, and all beyond this is superfluous, and belongs not to the province of the state (23)

Joan of Arc. Referred to: 302

Kant, Immanuel.Kritik der reinen Vernunft. In Sammtliche Werke. Ed. Karl Rosenkrantz and Friedrich Schubert. 14 vols. in 12, Leipzig: Voss, 1838-40, II.

referred to: 242

— Metaphysische Anfangsgrunde der Rechtslehre (1797). Ibid., IX, 1-214.

note: the reference at 205 derives from, that at 205n is in a quotation from, John Austin.

referred to: 205, 205n

Kenyon, Lloyd. Judgment in the Trial of Topham, 1791. 100 English Reports 931.

note: one of the six legal authorities cited by Holt, q.v. The original report appeared in 4 Term Reports 126.

referred to: 21

Ker, Alan. Referred to: 433

Kingsley, Henry.

note: the reference is to him as a member of the Eyre Detence Committee.

referred to: 428

Koran. Referred to: 296

Lambert, John. See Thomas Bayly Howell, State Trials.

Lancaster, Joseph. Referred to: 385

Law, Edward (Lord Ellenborough).

note: the remark attributed to Law, referred to in both places, has not been located.

referred to: 18, 20

— Charge to the Jury in the Trial of William Cobbett, 1804. In Howell, State Trials (q.v.), Vol. XXIX, cols. 49-54.

note: the quotation at 30 is from Holt (q.v. for the collation)

quoted: 22, 30

Lawrence, Henry. Referred to: 423, 428

Lawson, Wilfrid (2nd Baronet). Referred to: 427

Leveson-Gower, Granville George (2nd Earl Granville).

note: see also The Times, 17 Nov., 1870.

referred to: 348

Lincoln, Abraham.

note: the references at 130, 131, and 131n are to Lincoln’s government, that at 140 is erroneously to a Presidential “Message.”

referred to: 130, 131, 131n, 132, 135, 140

— Emancipation Proclamation. Washington: n.p., 1863.

note: in effect 1 Jan., 1863.

referred to: 139

L’Hôpital, Michel de. Referred to: 304

Locke, John.

note: the second reference at 58 and that at 59 are in a quotation from Austin, that at 204 derives from Austin.

referred to: 58, 59, 204, 242, 243

— An Essay Concerning Human Understanding (1690). In Works. New ed. 10 vols. London: Tegg, et al., 1823, I-III, 176.

note: in SC. The quotation is in a quotation from John Austin.

quoted: 59

59.11-12 “ethics would rank with the sciences which are capable of demonstration.”] [paragraph] The idea of a Supreme Being, infinite in power, goodness, and wisdom whose workmanship we are, and on whom we depend, and the idea of ourselves, as understanding rational beings, being such as are clear in us, would, I suppose, if duly considered and pursued, afford such foundations of our duty and rules of action, as might place morality amongst the sciences capable of demonstration wherein I doubt not but from self-evident propositions by necessary consequences, as incontestable as those in mathematics the measures of right and wrong might be made out to any one that will apply himself with the same indifferency and attention to the one, as he does to the other of these sciences. (II, 368-9 IV, iii. 18)

Louis IX (of France).

note: St. Louis.

referred to: 303, 401

Louis XI (of France). Referred to: 303

Louis XV (of France). Referred to: 334

Louis XVI (of France). Referred to: 286

Louis Napoléon. See Napoléon III.

Louis (of Savoy).

note: mother of Francis I of France.

referred to: 402

Loulé, Nuño Jose de Mendonça Rolim de Moura Barreto, Duke of.

note: one of the chiefs of the Portuguese rebellion of 1847 who later became Prime Minister.

referred to: 122

Lucan (Marcus Annaeus Lucanus).

note: the reference is to his writings in general.

referred to: 231

Lucretius Carus, Titus.De rerum natura (Latin and English). Trans. W.H.D. Rouse London: Heinemann, New York: Putnam’s Sons, 1924.

note: this ed. used for ease of reference. De rerum natura libri sex. ed. Gilbert Wakefield. 4 vols. (Edinburgh: Bell and Bradfute et al., Glasgow: Duncan, 1813), is in SC.

referred to: 254

Ludlow, John Malcolm Forbes. Referred to: 427

Macaulay, Thomas Babington.The History of England from the Accession of James II, 5 vols. London: Longman, et al., 1849-61.

note: a 5-vol. ed. formerly in SC.

referred to: 227

McFarland, James E. Referred to: 130

McLaren, Duncan. Referred to: 427

Mahon, Lord. See Philip Stanhope.

Maine, Henry. Referred to: 203

— Ancient Law. Its Connection with the Early History of Society, and Its Relation to Modern Ideas. London: Murray, 1861.

quoted: 185-6, 186, 187

referred to: 169-70, 182, 184, 246

185.32-186.1 “The Jus Naturale, or law of nature,” . . . “is simply the jus gentium seen] [paragraph] The Jus Naturale, or Law of Nature, is simply the Jus Gentium or Law of Nations seen (52)

186.5 jus gentium] Jus Gentium (56)

186.7 jus gentium] Jus Gentium (56)

186.24 writers,” . . . “the] writers, the (97)

187.2 “the] The doctrines and institutions which may be attributed to it are the material of some of the most violent controversies debated in our time, as will be seen when it is stated that the (80)

187.5 the part” . . . “played] the part played (80)

187.34 “that] There cannot, I conceive, be any question that (92)

Mair, John.An Introduction to Latin Syntax, or, An Exemplification of the Rules of Construction, as Delivered in Mr. Ruddiman’s Rudiments, without Anticipating Posterior Rules. Edinburgh: Paton, et al., 1750

referred to: 221-2

Major, Edward William.

note: the reference is to a witness in the Gordon case.

referred to: 425

Mansfield, Lord. See William Murray.

Manual of the System of Teaching Reading, Writing, and Arithmetic, in the Elementary Schools of the British and Foreign School Society. See Biber

Marcet, Jane.Conversations on Political Economy, in Which the Elements of That Science Are Familiarly Explained. London: Longman, et al., 1816

referred to: 315

Margaret (of Austria).

note: aunt of Emperor Charles V, regent of the Netherlands 1507-30.

referred to: 303, 402

Margaret (Duchess of Parma).

note: natural daughter of Emperor Charles V, regent of the Netherlands 1559-67.

referred to: 303

Maria Theresa (of Austria) Referred to: 401

Marshall, George. Referred to: 433

Martineau, Harriet.Illustrations of Political Economy. 9 vols. London: Fox. 1832-34

referred to: 315

— “The United States under the Presidentship of Mr. Buchanan,” Edinburgh Review, CXII (Oct., 1860), 545-82.

referred to: 136

Mary (of Hungary).

note: widow of Louis II of Hungary, sister of Emperor Charles V, regent of the Netherlands 1531-52.

referred to: 303

Mason, James Murray. Referred to: 130

Massey, William Nathaniel. “Minutes of Evidence Taken before the Royal Commission on the Administration and Operation of the Contagious Diseases Acts of 1866 and 1869,” PP, 1871, XIX, 818-25.

note: the “quotations” are questions asked by Massey, Chairman of the Commission.

quoted: 351-5, 363

referred to: 350

Maurice, Frederick Denison. “Minutes of Evidence Taken before the Royal Commission on the Administration and Operation of the Contagious Diseases Acts of 1866 and 1869,” PP, 1871, XIX, 818-25.

note: the “quotations” are questions asked by Maurice, a member of the Commission.

quoted: 358

referred to: 350

— Review of James Montgomery’s. Pelican Island, Westminster Review, VIII (Oct., 1827), 303-28.

referred to: 315

Mence, Richard.The Law of Libel. 2 vols. in 1. London: Pople, 1824.

reviewed: 1-34

quoted: 16, 19, 21

referred to: 20

16.25 “It] For—as to pardoning and overlooking a natural warmth—it (I, 162)

19.37 “the] By this doctrine, indeed, the (I, 206)

21.30 contend,” . . . “that] contend, that (I, 136)

21.36 farther] further (I, 136)

Metternich-Winneburg, Clemens Wenzei Lothar, Prince. Referred to: 383

Michelangelo Buonarroti.

note: JSM uses the spelling Michael Angelo.

referred to: 302

Mill, Harriet Hardy Taylor.

note: JSM’s wife, the references at 37-40, in an essay addressed to her are to her when married to John Taylor, those at 99 are to her just before her marriage to JSM.

referred to: 37-40, 99, 393-4

Mill, James. “Government” (1820). In Essays on Government, Jurisprudence Liberty of the Press and Law of Nations, Written for the Supplement to the Encyclopaedia Britannica. London: printed Innes, n.d. [1825].

note: this is the earliest collection (only fifty copies were printed) of reprints of James Mill’s articles for the Supplement to the Encyclopaedia Britannica, the articles are separately paginated. The reference is inferred.

referred to: 24

— The History of British India. 3 vols. London: Baldwin, et al., 1817.

note: 3rd ed., 6 vols. (London: Baldwin, et al., 1826), is in SC.

referred to: 4n

— “Jurisprudence” (1821). In Essays.

referred to: 200

— “Liberty of the Press” (1821). Ibid.

note: JSM refers specifically to the appearance of the essay in the Supplement to the Fourth, Fifth, and Sixth Editions of the Encyclopaedia Britannica, 6 vols. (Edinburgh: Constable 1824), where it appeared in V, 258-72, however, collation indicates that JSM was using the reprint.

quoted: 4-5, 13-14, 17

referred to: 4n

4.37 deposition] definition (3)

5.2-3 means [paragraph] As] means [1-paragraph omission] [paragraph] As (3-4)

5.9 or theft] or a theft (4)

13.30 Religion] Religion (34)

— Schools for All, in Preference to Schools for Churchmen Only, (or the State of the Controversy between the Advocates for the Lancasterian System of Universal Education, and Those Who Have Set Up an Exclusive and Partial System under the Name of the Church and Dr. Bell). London: Longman, et al., 1812.

note: reprinted from Philanthropist, II (1812), 57-108. The quotation, of the title, is indirect.

quoted: 63

Mill, John Stuart. “Corporation and Church Property,” Jurist, IV (Feb., 1833), 1-26. In CW, IV, 193-222.

note: the reference is to the pamphlet reprint, which has the same pagination. The passage has been collated with CW, and the substantive differences recorded as variants.

quoted: 65-6

— Jamaica—Question (10 Aug., 1866; Commons), PD, 3rd ser., Vol. 184, col. 2160.

referred to: 423n

— Speech on the Outbreak in Jamaica (19 July, 1866, Commons), PD, 3rd ser., Vol. 184, cols. 1064-6.

referred to: 423

— Speech on the Disturbances in Jamaica (31 July, 1866, Commons), PD, 3rd ser., Vol. 184, cols. 1797-1806.

referred to: 423n

— Speech on the Recent Court Martial in Jamaica (1 Aug., 1867, Commons), PD, 3rd ser., Vol. 189, cols. 598-9.

referred to: 423n

Milton, John. Referred to: 252

— Lycidas (1638). In The Poetical Works of Mr. John Milton. London: Tonson, 1695, 1-3.

note: the volume includes, separately paged, Poems upon Several Occasions, 3rd ed. (London: Tonson, 1695), of which Lycidas is the first.

quoted: 320

320.14-16 “scorn delights and live laborious days” . . . “noble minds,” . . . “last infirmity.”. Fame is the spur that the clear spirit doth raise. (That last infirmity of Noble mind), / To scorn delights, and live laborious days, / But the fair Guerdon when we hope to find, / And think to burst out into sudden blaze, / Comes the blind Fury with th’abhorred shears, / And slits the thin spun life (2, 70-6)

— Paradise Lost (1667). Ibid., 1-343.

referred to: 407

Mitchell, Charles. Referred to: 423

Molesworth, William. Speech on National Education, The Cornish Guardian and Western Chronicle (Truro), 13 June, 1834, 2-3.

quoted: 64, 66, 67

64.21 “In] [no paragraph] He will then see how it is, that in (2)

66.27 “The so-called] [no paragraph] For my own part, sir, I am prepared to maintain, that the so called (2)

66.28 quality, as] quality, that, as (2)

66.30 null. All] null [9-sentence omission] A system such as that now exists in England in which all (2)

Monks, Albert.

note: a child whose death was caused by a nurse’s (Elizabeth Baker’s) cruelty.

referred to: 103

Monkswell, Lord. See Robert Collier.

Montesquieu, Charles Louis de Secondat, Baron de la Brède et de.De l’esprit des loix, du rapport que les loix doivent avoir avec la constitution de chaque gouvernement, les moeurs, le climat, la religion, le commerce, &c. 2 vols. Geneva: Barrillot, 1748.

note: the reference at 178 derives from John Austin.

quoted: 5n

referred to: 178

5n.5 Les paroles] [no paragraph] Les paroles (I, 313)

5n.10 criminelle. On] criminelle, on (I, 314)

Montfort, Jeanne, comtesse de. Referred to: 402

Montfort, Simon de. Referred to: 271

Moore, Thomas.

note: the reference is to his songs.

referred to: 252

Morley, Samuel. Referred to: 427

The Morning Chronicle. Referred to: 34

Morrill, Justin Smith.

note: the reference is to the “Morrill Tariff” (1861).

referred to: 132

Morton, Thomas.Speed the Plough. London: Longman and Rees, 1800.

note: the reference is to a character. Mrs. Grundy.

referred to: 332, 333

Motley, John Lothrop. Quoted: 159

Mozart, Wolfgang Amadeus. Referred to: 302, 315, 316

Mundella, Anthony John. “Minutes of Evidence Taken before the Royal Commission on the Administration and Operation of the Contagious Diseases Acts of 1866 and 1869,” PP, 1871, XIX, 818-25.

note: the “quotations” are questions asked by Mundella, a member of the Commission.

quoted: 368-9

referred to: 350

Murchison, Roderick Impey.

note: the reference is to him as one of the members of the Eyre Defence Committee.

referred to: 428

Murray, William. (Lord Mansfield). Speech for the Plaintiff in the Case of Omychund v. Barker, 1744, 26 English Reports 21.

note: the quotation is in a quotation from Austin. Originally appeared in 1 Atk. 30.

quoted: 192

192.23 them. All] them. [8-paragraph omission] [paragraph] All (22)

192.23 once. A] once, now a particular species of Indians appears, hereafter another species of Indians may arise, a (22-3)

192.24 that . . . pure] [in italics] (23)

192.24 fountains] fountain (23)

192.25 is superior] is for this reason superior (23)

Myrtis. Referred to: 314

Nadir Quli Beg.

note: known as Nadir Shah.

referred to: 286

Napoleon I (of France). Referred to: 345, 407

Napoleon III (of France).

note: the reference at 132 is to his free-trade tariff vis-a-vis Britain.

referred to: 132, 344

Nelson, Alexander Abercromby. Referred to: 423, 425, 430-1, 432, 434, 435

Nero, Claudius Caesar.

note: the reference is in a quotation from Holt.

referred to: 18

New York Tribune. Article on emigration to Kansas, 19 Oct., 1854, 4.

quoted: 139, 156

139.14-15 “peculiar institution”]. We do not know how much the number of emigrants has been increased by their exertions, but the fact that before the season is concluded not far from two thousand will have been forwarded from this vicinity alone, while those from New-England have been much more numerous, sufficiently indicates the utility of this peculiar institution. (4)

156.5 [see collation for 139.14-15 above]

Newman, Francis William. Referred to: 427

Newton, Isaac. Referred to: 236

Nightingale, Florence.Suggestions for Thought to the Searchers after Truth among the Artizans of England. 3 vols. London: printed Eyre and Spottiswoode (not published), 1860.

referred to: 319

Oldham, Mary Ann.

note: a nurse whose cruelty led to the death of a child (John Gaywood).

referred to: 103-4

Olmsted, Frederick Law.The Cotton Kingdom. A Traveller’s Observations on Cotton and Slavery in the American Slave States. 2 vols. New York: Mason, London: Low, 1861.

note: dedicated to JSM.

referred to: 134, 136

Omychund.

note: not otherwise identified. The reference, in a quotation from Austin, is to the case of Omychund v. Barker in 1744. Austin (JSM following) uses the spelling Omichund.

referred to: 192

Ovid (Publius Ovidius Naso). Metamorphoses (Latin and English). Trans. Frank Justus Miller. 2 vols. London: Heinemann, New York: Putnam’s Sons, 1916.

note: this ed. used for ease of reference. Opera omnia (Amsterdam: Blaviana, 1683) is in SC.

quoted: 247

Owen, Robert. Referred to: 77

— “The Address of Robert Owen, at the Great Public Meeting, Held at the National Labour Exchange, Charlotte-street, Fitzroy-square, on the 1st of May, 1833, Denouncing the Old System of the World, and Announcing the Commencement of the New,” The Crisis, II (11 May, 1833), 140-3.

note: see also Robert Owen and Alexander Campbell, Debate. The passage referred to reads (in “The Address”). “All will then be fully conscious, and will openly acknowledge, that pure chastity consists in forming this connexion only when affection exists between the parties, and that it is a vile, abominable, and injurious prostitution to form or continue this connexion when there is no affection between the parties, even when they are what is called legally bound to each other.” (141)

referred to: 48-9

— A New View of Society, London: Cadell and Davies, 1813.

note: the reference is in a quotation from Biber.

referred to: 71

— and Alexander Campbell Debate on the Evidences of Christianity, Containing an Examination of the “Social System,” and of All the Systems of Scepticism of Ancient and Modern Times. Held in the City of Cincinnati, Ohio, from the 13th to the 21st of April, 1829, 2 vols. Bethany, Va.: Campbell, 1829.

note: Owen’s definitions of chastity and prostitution appear in several formulations in various of his works, and there is no clue as to which of them JSM had in mind. Unfortunately, the only hard evidence as to the dating of JSM’s manuscript is the watermark date, 1832. The closest approximation to JSM’s wording is found in the Debate of 1829. “For real chastity consists, in connexion with affection, and prostitution, in connexion without affection” (I, 120 Wed. forenoon, 15 Apr.) It may be, however, that JSM was writing later than 1832, in which case he might have been alluding to the version in Robert Owen, “The Address” (1833), q.v.

referred to: 48-9

Pakington, John Somerset. “Minutes of Evidence Taken before the Royal Commission on the Administration and Operation of the Contagious Diseases Acts of 1866 and 1869.” PP. 1871, XIX, 818-25

note: the “quotations” are questions asked by Pakington, a member of the Commission.

quoted: 360-3, 363, 363-8

referred to: 350, 369

Paley, William.

note: the reference is in a quotation from Austin.

referred to: 59

— The Principles of Moral and Political Philosophy (1785), 15th ed. 2 vols. London: Faulder, 1804.

note: the reference is from a quotation from John Austin. This ed. is in SC.

referred to: 59

Palmerston, Lord. See Henry John Temple

Pandects See Heineccius.

Parker, John William, Jr.

note: contributed a headnote to JSM’s “The Negro Question,” which is here quoted as a footnote, JSM’s article appeared as a letter to the editor.

quoted: 87n

Payne, J. Horne. Referred to: 426, 432

Perry, James. See Thomas Bayly Howell, State Trials.

Pestalozzi, Johann Heinrich.

note: the reference is in a self-quotation from “Corporation and Church Property.”

referred to: 65

Petronius Arbiter.Satyricon. In Petronius, Seneca, “Apocolocyntos” (Latin and English). Trans. Michael Heseltine, rev. E.H. Warmington, London: Heinemann, Cambridge, Mass.: Harvard University Press, 1969, 1-379

note: this ed. used for ease of reference SC. contains the Satyricon, ed. Gabbema (Utrecht, 1654).

quoted: 231

231.3 curiosa felicitas] Homerus testis et lyrici Romanusque Vergilius et Horatii curiosa felicitas (294, 118, 17-18)

Philip IV (of France).

note: called Philippe le Bel.

referred to: 286

Philip (of Macedon). Referred to: 231

Philips, Robert Needham. Referred to: 427

Phillips, Wendell. Letter to John Stuart Mill.

note: no copy of the letter has been located.

quoted: 133n

Phinn, Thomas. Speech in Amendment to Mr. Fitzroy’s Bill (10 Mar., 1853; Commons), PD, 3rd ser., Vol. 124, cols. 1419-21.

referred to: 105, 106

Pindar. Referred to: 314

Pitt, William.

note: see also under Parliamentary Papers, “The King’s Proclamation,” 21 May, 1792.

referred to: 26

Place, Francis. Referred to: 3

— On the Law of Libel, with Strictures on the Self-Styled “Constitutional Association,” London: Hunt, 1823.

note: all the essays, except the last, first appeared in weekly front-page instalments in the British Luminary and Weekly Intelligencer, from 3 Nov. to 22 Dec., 1822.

reviewed: 1-34

quoted: 33

33.26-7 boasting . . . We . . . boasting of] boasting of (5)

Plato.

note: the reference at 229 is to the Dialogues in general.

referred to: 225, 229, 230, 254

— Republic (Greek and English). Trans. Paul Shorey, 2 vols. London: Heinemann, Cambridge, Mass.: Harvard University Press, 1946.

note: this ed. used for ease of reference Opera omnia, ed. Immanuel Bekker, 11 vols. (London: Priestley, 1826), is in SC.

referred to: 176, 270, 399

Pollock, Jonathan Frederick. Referred to: 107

Pope, Alexander.An Essay on Man (1733-34). In The Works of Alexander Pope with Notes and Illustrations by Joseph Warton and Others. Ed. Joseph Warton, et al., 9 vols. and Supplementary Vol., London: Priestley, 1822 (Suppl. Vol., London: Hearne, 1825), III, 1-160.

note: the quotation is indirect. This ed. is in SC.

quoted: 241

241.15 the proper study of mankind.] Know then thyself, presume not God to scan. The proper study of Mankind is Man (53, II, 2)

Potter, Thomas Bayley. Referred to: 427

Pratt, Charles (Lord Camden). Referred to: 25

— Charge to the Jury in the Case of Entick v. Carrington, 1704, 95 English Reports 814.

note: the quotation derives from Francis Holt, q.v. Originally appeared in 2 Wils. K.B. 286.

quoted: 24

24.34 “All] One word more for ourselves, we are no advocates for libels, all (818)

24.34 libels] them (818)

24.35 a court] us (818)

24.35 they will] we shall (818)

24.35 their] our (818)

Proudfoot, Ann. Referred to: 107

Prussian Code. See under Statutes, Prussia.

Quintilian (Marcus Fabius Quintilianus). The Institutio Oratoria of Quintilian (Latin and English). Trans. H.E. Butler. 4 vols. London: Heinemann; Cambridge, Mass.: Harvard University Press, 1953.

referred to: 229

Racine, Jean Baptiste.Les plaideurs (1668). In Oeuvres, avec des commentaires par I.L. Geoffroy. 7 vols. Paris: Le Normant, 1808, II, 259-423.

note: in SC. The quotation is in a quotation from Biber.

quoted: 69

69.34 “Point d’argent, point de Suisse.”] Point d’argent, point de suisse, ma porte etoit close (II, 277, I, i, 15)

Ramsay, Gordon Duberry. Referred to: 426, 433

Ramsay, James Andrew Broun (Earl of Dalhousie). “Minute by the Governor-General of India, Concurred in by the Commander-in-Chief” (13 Feb., 1856), PP, XLV, 643-53.

referred to: 120

Raphael (Raphael Sanzio).

note: JSM uses the spelling Raffaelle.

referred to: 316

Raymond, Robert. Speech in the Trial of Richard Francklin, 1731. In A Complete Collection of State Trials. Ed. Thomas Bayly Howell. 34 vols. London: Longman, et al., 1809-28, Vol. XVII, cols. 658-9.

note: the quotation is from Francis Holt (q.v. for the collation).

quoted: 29

— Speech in the Trial of Thomas Woolston, 1729. 94 English Reports 113.

note: originally appeared in 1 Barn K.B. 163.

quoted: 29

29.27 “that the] But the second of these points the Court said, they would not suffer to be argued, for the (113)

29.29 written] writ (113)

Reid, Thomas. Referred to: 463

Reynolds, Joshua. Referred to: 317

— Discourse VII (1776). In Works. Ed. Edmond Malone. 4th ed. 3 vols. London: Cadell and Davies, 1809, I, 187-242.

note: in SC.

quoted: 319n

319n.1 “It] [paragraph] It (I, 230)

319n.3 Circle.—To] circle [paragraph] To (I, 230)

Roebuck, John Arthur. Speech in Introducing a Motion on National Education (3 June, 1834, Commons), PD, 3rd ser., Vol. 24, cols. 127-30.

referred to: 63

Rolt, John.

note: the reference is to the Attorney-General. See also “The Jamaica Committee and Mr. Eyre.” The Times, 29 July, 1867.

referred to: 423

Romilly, Samuel. “Bentham on Codification,” Edinburgh Review, XXIX (Nov., 1817), 217-37

note: the quotation is in a quotation from Austin.

quoted: 190

190.37-8 The . . . promulgation.] [not in italics] (231)

Rousseau, Jean Jacques. Referred to: 187

Ruddiman, Thomas.The Rudiments of the Latin Tongue; or, A Plain and Easy Introduction to Latin Grammar. Edinburgh: the Author, 1714.

note: a popular nineteenth-century edition of this work is that edited by another Scotsman. John Hunter, Ruddiman’s Rudiments of the Latin Tongue, with an Appendix on the Moods and Tenses of the Greek and Latin Verb (Cupar Tullis, Edinburgh: Oliver and Boyd, London: Whittaker, Glasgow: Turnbull, Dublin Johnston and Deas, 1820).

referred to: 221

Ruskin, John.

note: the reference at 428 is to him as one of the members of the Eyre Defence and Aid Committee.

referred to: 317, 428

Russell, John (Lord). Speech on Public Business (10 Feb., 1853; Commons), PD, 3rd ser., Vol. 124, cols. 17-23.

referred to: 106

— Speech at Newcastle (14 Oct., 1861). Spectator, 19 Oct., 1861, 1135.

referred to: 159

Russell, William Howard. “The Civil War in America,” The Times, 13 Sept., 1861, 9

note: one of a series of articles which ran from 16 Apr., 1861, to 23 Apr., 1862.

referred to: 135, 161-2

Rylands, Peter. Referred to: 350

Sá de Bandeira, Bernardo.

note: one of the chiefs of the Portuguese rebellion of 1847, who later became Prime Minister.

referred to: 122

Sand, George. See Dupin

Sandwith, Humphrey. Referred to: 427

Sappho. Referred to: 314

Savigny, Friedrich Karl von.

note: the reference derives from Austin.

referred to: 204

Scott, John (Lord Eldon).

note: the reference is in a quotation from Austin.

referred to: 189

Scott, Walter.Rob Roy. 3 vols. Edinburgh: Constable, 1818

note: the quotation is indirect.

quoted: 92

Sedgwick, Robert.

note: the reference is in a quotation from Carlyle.

referred to: 92

Seward, William Henry. Letter to Lord Lyons, 26 Dec., 1861. In “The Trent Affair,” The Times, 13 Jan., 1862, 9.

quoted: 131n

referred to: 130

131n.1 “if] In coming to my conclusion I have not forgotten that, if (9)

131n.2 the Union] this Union (9)

Shaen, William.

note: solicitor for the Jamaica Committee. See also “The Jamaica Committee and Mr. Eyre.” The Times, 29 July, 1867.

referred to: 425, 427, 431, 432

Shakespeare, William. Referred to: 252, 302, 414

— Henry the Eighth. In The Riverside Shakespeare. Ed. G. Blakemore Evans. Boston: Houghton Mifflin, 1974, 980-1017.

referred to: 414

— Othello Ibid., 1198-1248.

note: the quotation is indirect.

quoted: 55

Sharp, Granville. Referred to: 141

Shelley, Percy Bysshe.

note: the reference is to his poetry in general.

referred to: 233

— “Hymn to Intellectual Beauty.” In Rosalind and Helen, a Modern Eclogue, with Other Poems. London: Ollier, 1819, 87-91.

referred to: 254

Shepherd, Samuel.

note: quoted from Thomas Jonathan Wooler. A Verbatim Report (q.v. for the collations). JSM mistakenly identifies him as Master of the Rolls in 1825. Robert Gifford (q.v.) held that office.

quoted: 30, 30-1

referred to: 31

Slidell, John. Referred to: 130

Shrewsbury, Earl of. See Talbot.

Smith, Adam.

note: the reference is in a quotation from JSM’s “Corporation and Church Property.”

referred to: 65

— “Essay on the History of Astronomy.” See “The Principles . . .”

— An Inquiry into the Nature and Causes of the Wealth of Nations. 2 vols. London: Strahan and Cadell, 1776.

note: in SC is the 3-vol. 8th ed. (1796), which JSM may have used, as well as a gift copy of McCulloch’s ed. (4 vols. [1828]), and Rogers’ ed. (2 vols. [1869]).

referred to: 65

— “The Principles Which Lead and Direct Philosophical Enquiries. Illustrated by the History of Astronomy.” In Essays on Philosophical Subjects. Ed. Joseph Black and James Hutton. London: Cadell and Davies, 1795.

note: in SC.

quoted: 25

25.7 “more] Law and order seem indeed to have been established in the great monarchies of Asia and Egypt, long before they had any footing in Greece yet, after all that has been said concerning the learning of the Chaldeans and Egyptians, whether there ever was in those nations any thing which deserved the name of science, or whether that despotism which is more (27)

25.7 leisure and security] security and leisure (27)

25.8 itself.] itself, and which prevailed over all the East, prevented the growth of Philosophy, is a question which, for want of monuments, cannot be determined with any degree of precision (27)

— The Theory of Moral Sentiments; or, An Essay towards an Analysis of the Principles by Which Men Naturally Judge Concerning the Conduct and Character, First of Their Neighbours, and Afterwards of Themselves To Which Is Added, A Dissertation on the Origin of Languages (1759), 6th ed. 2 vols. London: Strahan and Cadell; Edinburgh: Creech and Bell, 1790.

note: this ed., in which the passage referred to first appeared, is in SC.

referred to: 13

Smith, Goldwin. Referred to: 427

Smith, Sydney. “Female Education.” In The Works of the Rev. Sydney Smith (1839-40), 2nd ed. 3 vols. London: Longman, et al., 1840, I, 200-20.

note: reprinted from Edinburgh Review, XV (Jan., 1810), 299-315. Harriet Mill’s page reference conforms to the 2nd ed.

quoted: 401n

401n.2 “A] [paragraph] A (I, 200)

Smith, William Henry.Remarks on Law Reform, Addressed More Particularly to the General Reader. London: Maxwell, 1840.

reviewed: 81-4

quoted: 83-4

84.8 rules] rule (8)

84.16 its origin] its origin (9)

84.21 English] English (9)

84.22 history.] history! (9)

84.24 with it] with it (9)

84.28 monks Must] monks, must (9)

Socrates. Referred to: 314

Somerville, Mary. Referred to: 315

Spencer, Herbert. Referred to: 427

Staël-Holstein, Anne Louise Germaine Necker, baronne de. Referred to: 315

— Delphine, 4 vols. Geneva: Paschoud, 1802.

note: in SC. The title page (from which JSM quotes) identifies the passage as coming from her Mélanges.

quoted: 279

279.37 peut] doit (title page)

279.37 femme doit s’y] femme s’y (title page)

Stanley, Charlotte (Countess of Derby). Referred to: 402

Stanley, Edward George Geoffrey Smith (Earl of Derby). Speech on the Treaty Relative to the Grand Duchy of Luxemburg (4 July, 1867, Lords), PD, 3rd ser., Vol. 188, cols. 968-74.

note: the reference is to “one of our leading statesmen.”

referred to: 344

Stephen, James Fitzjames.

note: counsel to the Jamaica Committee.

referred to: 425, 427, 431

— “English Jurisprudence,” Edinburgh Review, CXIV (Oct., 1861), 456-86.

referred to: 169, 176n

Stephenson, George. Referred to: 222

Stewart, Dugald. Referred to: 240, 463

Storks, Henry Knight. Referred to: 424n, 426

Stowe, Harriet Beecher.Uncle Tom’s Cabin, or, Life among the Lowly. 2 vols. Boston: Jewett, 1852.

note: the reference at 136 is to “the Legrees or the St. Clairs”, that at 284 to “Uncle Tom” and his “cabin.”

referred to: 136, 284

Swift, Jonathan.A Full and True Account of the Battle Fought Last Friday, between the Ancient and the Modern Books in Saint James’s Library (1704). In The Works of Jonathan Swift, D.D., Dean of St. Patrick’s, Dublin: Containing Additional Letters Tracts, and Poems. Not Hitherto Published; with Notes, and a Life of the Author. Ed. Walter Scott. 19 vols. Edinburgh: Constable; London: White, et al., Dublin: Cumming, 1814, XI, 213-60.

note: in SC.

referred to: 220

— A Letter to a Young Clergyman, Lately Entered into Holy Orders (1720). Ibid., VIII, 331-60.

quoted: 231

231.5-6 “the right words in the right places”] Proper words, in proper places, make the true definition of a style (VIII, 337)

— Travels into Several Remote Nations of the World By Lemuel Gulliver (1726). Ibid., XII, 1-382.

referred to: 293

Tacitus, Cornelius.

note: the reference at 229 is to “all the writings.”

referred to: 229, 254

Talbot, Henry John Chetwynd (Earl of Shrewsbury and Talbot).

note: the reference is to the Chairman of the Eyre Defence and Aid Committee.

referred to: 428

Talfourd, Thomas Noon.

note: the reference is to “Serjeant Talfourd’s Act,” 2 & 3 Victoria, c. 54 (17 Aug., 1839), q.v.

referred to: 285

Taylor, Harriet. See Harriet Hardy Taylor Mill.

Taylor, Peter Alfred.

note: the reference is to him as Treasurer of the Jamaica Committee, and co-signer of the accounts published here as App. E.

referred to: 427, 429

Temple, Henry John (Lord Palmerston).

note: the reference is to him as an opponent of the Suez Canal.

referred to: 117

— Speech on the Isthmus of Suez Canal—Resolution (1 June, 1858, Commons), PD, 3rd ser., Vol. 150, cols. 1379-84.

referred to: 116

Temple, William. “An Essay upon the Ancient and Modern Learning” (1690). In The Works of Sir William Temple, Bart Complete. 4 vols. London: Rivington, et al., 1814, III, 444-518.

note: in SC.

referred to: 220

Thibaut, Anton Friedrich Justus.

note: the reference derives from John Austin.

referred to: 204

Thomson, James, and David Mallet. “An Ode” [“Rule, Britannia”]. In Alfred: A Masque. London: Millar, 1740.

note: the reference is simply to the commonly applied title.

referred to: 252

Thou, Jacques Auguste de.Historia sui temporis. 5 vols. Paris: Drouart, 1604-08.

note: the quotation is in a quotation from biber, for the rest of the maxim, see Franck, Paradoxa.

quoted: 66

66.14-15 Mundus vult decipi, ergo decipiatur,] inde Carafa Lutetiam regni metropolim, tanquam Pontificis legatus solita pompa ingreditur, ubi cum signum crucis, ut fit, ederet, verborum, quae proferri mos est, loco, ferunt, eum, ut erat securo de numine animo et summus relligionis derisor, occursante passim populo et in genua ad ipsius conspectum procumbente, saepius secreta murmuratione haec verba ingeminasse. Quandoquidem populus iste vult decipi decipiatur. (II, 298-9, XII)

Thucydides.Thucydides (Greek and English). Trans. Charles Forster Smith. 4 vols. London: Heinemann, Cambridge, Mass.: Harvard University Press, 1958.

note: the reference at 229 is to the “speeches in Thucydides.” Two other Greek eds., Opera, ed. Baverus and Beckius, 2 vols. (Leipzig, 1790-1804), and Polemos Peloponnesiakos, 8 vols. (Glasgow: Foulis, 1759), were formerly in SC.

referred to: 229, 231

Tiberius Claudius Nero.

note: the reference is in a quotation from Holt.

referred to: 18

Tillotson, John (Archbishop of Canterbury).

note: the reference is in a quotation from John Austin.

referred to: 60

The Times.

note: anonymous articles follow chronologically.

referred to: 158

— Article on the Norfolk Circuit, 21 Mar., 1853, 7.

referred to: 107

— Article on the Police Courts, 25 Mar., 1853, 7.

note: Hammill is not otherwise identified than as a London police magistrate.

quoted: 105n

105n.8 Mr. Hammill. “Though he] Mr. Hammili said that this was one of the worst cases of the kind that had ever come under his notice, and, although he (7)

— “America,” 26 July, 1862, 14.

note: this column reports the passage in the Senate of a bill to admit West Virginia as a state. On 30 July, The Times reported (11) that the vote in the House was deferred until December. The bill passed into law on 31 Dec., 1862, as 37th Congress, Sess. III, c. 6. An Act for the Admission of the State of West Virginia into the Union and for Other Purposes (q.v).

referred to: 162

— “The Jamaica Committee,” 16 Jan., 1866, 3.

referred to: 422-3

— “Ex-Governor Eyre at Southampton,” 23 Aug., 1866, 7.

referred to: 428

— “The Jamaica Prosecutions,” 30 Mar., 1867, 12.

referred to: 432

— “The Jamaica Prosecutions,” 12 Apr., 1867, 11.

referred to: 432

— “The Jamaica Committee and Mr. Eyre,” 29 July, 1867, 12.

note: containing William Shaen’s request of 10 July, 1867, to the Attorney-General, John Rolt, and the latter’s refusal of 13 July.

referred to: 432

— “Prosecution of Ex-Governor Eyre,” 28 Feb., 1868, 10.

referred to: 432

— “Ex-Governor Eyre,” 3 June, 1868, 9-10.

referred to: 429

— “Lord Granville’s Answer to the Russian Circular,” 17 Nov., 1870, 9.

referred to: 348

— “The Treaty of 1856. Prince Gortschakoff’s Note,” 18 Nov., 1870, 3.

note: Gortschakoff’s Note was dated 19 (i.e., 31 new style) Oct., 1870.

referred to: 344, 347-8

Tocqueville, Alexis Charles Henri Maurice Clérel de.De la democratie en Amérique. 4 vols. Paris: Gosselin, 1835-40.

note: in SC.

quoted: 147

147.7-8 “are . . . Spain.”] [translated from.] Il ne fait pas plus chaud dans le sud de 1 Union que dans le sud de l’Espagne et de l’Italie (2) [footnote omitted] (II, 336)

Tufnell, Edward Carleton.

note: the quotation is in Chadwick’s “Copy of Two Papers” (q.v. for the collation)

quoted: 213-14

Turgot, Anne Robert Jacques, Baron de L’Aulne.

note: the reference is in a quotation from John Austin.

referred to: 204

Turner, Joseph Mallord William. Referred to: 317

Turpin, Richard (“Dick”).

note: his name became proverbial for highway robbers.

referred to: 137

Ulfilas.

note: JSM uses the spelling Ulphila.

referred to: 315

Vaughan, James. Referred to: 432

Victoria (of England). Referred to: 270, 302, 378, 423, 424

Virchow, Rudolph.Untersuchungen uber die Entwickelung des Schadelgrundes. Berlin Reimer, 1857.

referred to: 311

Virgil (Publius Virgilius Maro).

note: the reference is to his poetry in general.

referred to: 233

— Georgics. In Virgil (Latin and English). Trans. H. Rushton Fairclough. 2 vols. London: Heinemann, New York: Putnam’s Sons, 1922, I, 80-236.

note: this ed. used for ease of reference. Two editions of Opera. 2 vols. (London, 1800) and (London: Priestley, 1821) are in SC.

referred to: 254

Walker, Robert James.Jefferson Davis and Repudiation, Letter of Hon. Robert J. Walker. London: Ridgway, 1863.

note: Walker was the financial agent of the United States in Britain and Europe, working to secure war loans. This work (dated 1 July, 1863), which went through three editions in the year, is in answer to a letter in The Times of 25 March that denied Jefferson Davis’s involvement and indicated that there was confusion between Jefferson Davis and Reuben Davis. Walker vehemently argues that Jefferson Davis was involved in the repudiation of the Mississippi Union Bank bonds. His assertions are not founded on fact. In 1840 the Legislature of the State of Mississippi repudiated the Union Bank bonds on the ground that their issue was contrary to the state constitution. However, until 1843, when he ran unsuccessfully for a seat in the Legislature, Jefferson Davis played no political role in Mississippi. This Civil War propaganda may have found its source in Reuben Davis’s sneers at the protests of the bondholders, and was carried to Britain by a former U.S. senator from Mississippi to rally support for the North among those British investors who had lost heavily in the repudiation of the bank bonds. Although Jefferson Davis denied the story for his whole life, and there was plenty of evidence to support his claims, as late as 1887. Theodore Roosevelt, in his Life of Thomas H. Benton (Boston and New York: Houghton Mifflin), reiterated the propaganda. The uncertainty behind the story may have prompted Mill to delete this passage.

referred to: 141n

Warner, Hiram. Speech on Slavery in the Territories (1 Apr., 1856, House of Representatives), Appendix to the Congressional Globe, 34th Congress, Sess. I, 1856. Washington: Rives, 1856, 297-300.

quoted: 155

155.5-7 slaveholder,’ . . . “in] slaveholder in (299)

155.14 starved out] starved out (300)

155.16 certain limits] certain specified limits (300)

Welles, Gideon. Referred to: 130

Westmorland, Henry.

note: see his evidence in Minutes of Evidence Taken before the Jamaica Royal Commission, PP, 1866, XXXI, 866-92.

referred to: 425

Whately, Richard. Referred to: 145

— Elements of Logic, London: Mawman, 1826.

note: this ed. and the 9th ed. (London: Parker, 1848) in SC. The indirect quotation is of phrasing that also appears in Whately’s Introductory Lectures on Political Economy, q.v.

quoted: 225

referred to: 223

225.25-6 to mistake familiarity for accurate knowledge.] Familiar acquaintance is perpetually mistaken for accurate knowledge (274)

— Introductory Lectures on Political Economy (1831). 2nd ed. London: Fellowes, 1832.

note: Lecture IX, from which the indirect quotation is taken, is not in the 1st ed. Similar phrasing appears in Whately’s Elements of Logic, q.v.

quoted: 225

225.25-6 to mistake familiarity for accurate knowledge.] Whereas this circumstance adds to the difficulty, on account of our liability, in any subject, to mistake familiar acquaintance for accurate knowledge,—from our having, in addition to all that is to be learnt, much also to unlearn, of prejudices insensibly imbibed,—and from the influence of personal interests and feelings in biassing the judgment, on almost every question that can arise (224)

White, James. Referred to: 427

Wilderspin, Samuel.The Infant System, for Developing the Intellectual and Moral Powers of All Children from One to Seven Years of Age (1823). 6th ed. London: Simpkin and Marshall, 1834.

note: the quotation is in a quotation from Biber. The 1st ed. had as its title On the Importance ofEducating the Infant Children of the Poor, other editions before the 6th were entitled Infant Education, or, Remarks on the Importance of Educating the Infant Poor. The 6th ed. postdates Biber’s work, but the rhymes do not both appear in any of the earlier eds. consulted.

quoted: 72

72.20 A pretty sum, or I’m mistaken.] That is paid for certain fees. (265)

72.22 Which . . . bacon.] That . . . cheese (265)

72.25 beef] beef [as in Biber] (277)

Wilkes, Charles. Referred to: 130

Wood, Thomas.An Institute of the Laws of England, or, The Laws of England in Their Natural Order, According to Common Use (1720). 2nd ed. London: Sare, 1722.

note: one of the six legal authorities cited by Francis Holt (q.v.). The edition he used has not been identified.

referred to: 21

Wooler, Thomas Jonathan.A Verbatim Report of the Two Trials of Mr. T.J. Wooler, Editor of the Black Dwarf, for Alledged Libels, before Mr. Justice Abbott, and a Special Jury, on Thursday, June 5, 1817. London: Wooler, 1817

note: title page says “Taken in Short Hand by an Eminent Writer, and Revised by T.J. Wooler.” The collations below are from the speeches of Charles Abbott (q.v.) and Samuel Shepherd (q.v.), which are taken from this work.

quoted: 30, 30-1, 31

30.14 To impute] [no paragraph] But then. Gentlemen, it must be a fair and honest discussion of their measures, for to impute (5)

30.15 established form of government] established government (5)

30.20 government against] government, and against (6)

30.35 “They (the ministers) would not make] [paragraph] The defendant then goes on as follows in a subsequent part of his publication—“Nothing operates so forcibly upon the nerves of the murderer.” &c.—“They would call themselves the government, and would make their will the general law, but they dare not,”—they would not, gentlemen, make (14)

31.16 “It] [no paragraph] It (80)

31.17 discussing] discussion (80)

31.20 law, if] law.—If (80)

31.20 begins] begin (80) [treated as printer’s error in this ed.]

Woolston, Thomas.

note: the reference is to his trial in 1729 for “a deistical work.” A Discourse on the Miracles of Our Saviour, in View of the Present Controversy between Infidels and Apostates, 6 pts. (London: the Author, 1727-29).

referred to: 29

Wordsworth, William. Referred to: 254

— “Weak is the will of Man, his judgment blind,” Miscellaneous Sonnets. Pt. I, xxxi. In The Poetical Works of William Wordsworth. 5 vols. London: Longman, et al., 1827, II, 285.

note: in SC.

quoted: 39

39.18 “imagination lofty and refined”] Imagination is that sacred power. Imagination lofty and refined / ’Tis hers to pluck the amaranthine Flower / Of Faith, and round the Sufferer’s temples bind / Wreaths that endure affliction’s heaviest shower, / And do not shrink from sorrow’s keenest wind (II, 285, 9-14)

Wreight, Henry. Referred to: 212

Yorke, Philip (Lord Hardwicke). Speech for the Plaintiff in the Trial of Richard Francklin, 1731. In A Complete Collection of State Trials, Ed. Thomas Bayly Howell. 34 vols. London: Longman, et al., 1809-28, Vol. XVII, cols. 664-76.

note: the quotation is taken from Francis Holt (q.v.) For the collation, see Howell.

quoted: 29

PARLIAMENTARY PAPERS

“Treaty with the Nawaub Vizier, Saadit Ali” (10 Nov., 1801). In Hertslet’s Commercial Treaties. Ed. Lewis Hertslet, et al. 31 vols. in 24. London: Butterworth, 1820-1925, VIII, 663.

referred to: 120

“Report from the Select Committee on the State of Education, with the Minutes of Evidence, and Index,” PP, 1834, IX, 1-261.

referred to: 63, 67

“Report from His Majesty’s Commissioners for Inquiry into the Administration and Practical Operation of the Poor Laws,” PP, 1834, XXVII-XXXIX.

referred to: 105

“First Report of the Commissioners Appointed to Inquire into the Municipal Corporations in England and Wales,” PP, 1835, XXIII, 1-49.

referred to: 67

“An Account Showing the Imports into the United Kingdom of Sugar, Molasses, Rum, Coffee, and Cocoa, from the West Indies and British Guiana, for the Years 1831 to 1847 Both Inclusive,” PP, 1847-48, LVIII, 547-9.

referred to: 89

“First Report from the Select Committee on Ceylon and British Guiana. Together with the Minutes of Evidence, and an Appendix,” PP, 1849, XI, 1-466.

referred to: 89

“A Petition of the Female Inhabitants of the Borough of Sheffield in the County of York, in Public Meeting Assembled, Praying Their Lordships ‘to Take into Their Serious Consideration the Propriety of Enacting an Electoral Law Which Will Include Adult Females within Its Provisions”’ (13 Feb., 1851). Journals of the House of Lords, 1851, LXXXIII, 23.

referred to: 415

“A Bill for the Better Prevention and Punishment of Assaults on Women and Children,” 16 Victoria (10 Mar., 1853), PP, 1852-53, I, 9-12.

note: referred to by JSM as “Mr. Fitzroy’s Bill.” Enacted as 16 & 17 Victoria, c. 30. An Act for the Better Prevention and Punishment of Aggravated Assaults upon Women and Children, and for Preventing Delay and Expense in the Administration of Certain Parts of the Criminal Law (14 June, 1853). The quotation at 104 is indirect.

reviewed: 101-8

quoted: 104

104.14-15 with or without hard labour] When any Person shall be charged before Two Justices of the Peace, or any Magistrate of the Police Courts of the Metropolis sitting at any such Police Court, with an Assault upon a Female or upon a Male Child under the Age of Twelve Years, either upon the Complaint of the Party aggrieved or otherwise, it shall be lawful for the said Justices or Police Magistrate, if the Assault is of such an aggravated Nature that it cannot in their opinion be sufficiently punished by them under the Provisions of the Statute Ninth George the Fourth, Chapter Thirty-one, and if it shall appear to them that a Prosecution of it by Indictment is not likely to be effectual (owing to the Sex or Age of the Party injured), to proceed to hear and determine the same in a summary Way, and if they shall find the Charge to be proved, to convict the Person accused, and every Offender so convicted shall be liable to be imprisoned in the Common Gaol or House of Correction, with or without Hard Labour, for a Period not exceeding Six Calendar Months, or to pay a Fine not exceeding (together with Costs) the Sum of Twenty Pounds, and in default of Payment to be imprisoned as aforesaid, with or without Hard Labour, for Six Calendar Months unless such Fine and Costs be sooner paid, and such Conviction shall be a Bar to all future Proceedings, civil or criminal, for or in respect of the same Assault. (9-10)

“General Treaty between Great Britain, Austria, France, Prussia, Russia, Sardinia and Turkey, for the Re-establishment of Peace, with Three Conventions Annexed Thereto; Signed at Paris: March 30, 1856,” PP, 1856, LXI, 1-34.

referred to: 344, 345, 347

“Draft of Treaty between the East India Company and the King of Oude,” PP, 1856, XLV, 597-9.

referred to: 120

“Treaty of Commerce between Her Majesty and the Emperor of the French” (23 Jan., 1860), PP, 1860, LXVIII, 467-77.

note: the reference is to “Cobden’s Treaty.”

referred to: 132

“Report of the Commissioners Appointed to Inquire into the State of Popular Education in England,” PP, 1861, XXI, Pt. I, 1-707.

referred to: 209n, 212

“Treaty between Her Majesty and the United States of America for the Suppression of the African Slave Trade,” PP, 1862, LXI, 373-85.

note: signed 7 Apr., 1862.

referred to: 162

“Petition for Extension [of the Elective Franchise] to All Householders without Distinction of Sex” (Public Petition no. 8501, presented 7 June, 1866), Reports of Select Committee on Public Petitions, 1866, 697, and Appendix, 305.

note: presented by JSM to the House of Commons.

referred to: 270

“Papers Laid before the Royal Commission of Inquiry by Governor Eyre,” PP, 1866, XXX, 1-488.

note: the reference is to other documents relating to the Jamaica disturbances.

referred to: 422

“Report of the Jamaica Royal Commission; with Minutes of Evidence and Appendix,” PP, 1866, XXX, 489-531; XXXI, 1-1172.

referred to: 422, 424, 430, 431

“Papers Relating to the Disturbances in Jamaica,” PP, 1866, LI, 145-506.

note: the reference is to other documents relating to the Jamaica disturbances.

referred to: 422

“Treaty Relative to the Grand Duchy of Luxemburg” (11 May, 1867), PP, 1867, LXXIV, 415-22.

note: the reference is to “almost the last treaty we entered into.”

referred to: 344

“Report of Commissioners on Education in Schools in England, Not Comprised within Her Majesty’s Two Recent Commissions on Popular Education and Public Schools, with Appendices, Miscellaneous Papers, Answers to the Commissioners’ Questions, and Minutes of Evidence” (21 vols.), PP, 1867-68, XXVIII, Pts. I-XVII.

note: JSM’s evidence is in “Miscellaneous Papers,” PP, XXVIII, Pt. II, 67-72.

referred to: 209-14

STATUTES

Following the British statutes, those of France, Prussia, and the United States are listed, each list is chronological. In the British section information is taken from the Statutes at Large.

18 Elizabeth, c. 3. An Act for Setting of the Poor on Work, and for Avoiding of Idleness (1576).

referred to: 370

43 Elizabeth, c. 2. An Act for the Reliefe of the Poore (1601).

referred to: 105

31 Charles II, c. 2. An Act for the Better Securing the Liberty of the Subject, and for the Prevention of Imprisonments beyond the Seas (27 May, 1679).

note: known as the Habeas Corpus Act.

referred to: 7, 26, 131n

6 George II, c. 31. An Act for the Relief of Parishes and Other Places from Such Charges as May Arise from Bastard Children Born within the Same (1733).

referred to: 370

26 George II, c. 33. An Act for the Better Preventing of Clandestine Marriages (1753).

note: one of the statutes which abolished what JSM calls the “enormities” in marriage law, in this case the binding nature of marriage contracts.

referred to: 283

34 George III, c. 54. An Act to Empower His Majesty to Secure and Detain Such Persons as His Majesty Shall Suspect Are Conspiring against His Person and Government (23 May, 1794).

referred to: 26

42 George III, c. 85. An Act for the Trying and Punishing in Great Britain Persons Holding Publick Employments for Offences Committed Abroad, and for Extending the Provisions of an Act, Passed in the Twenty-first Year of the Reign of King James, Made for the Ease of Justices and Others in Pleading in Suits Brought against Them, to All Persons, Either in or out of This Kingdom, Authorized to Commit to Safe Custody (22 June, 1802).

note: the Colonial Governors’ Act under which the indictment of Governor Eyre was attempted (not the earlier 11 & 12 William III, c. 12).

referred to: 425, 429, 433

49 George III, c. 68. An Act to Explain and Amend the Law of Bastardy, So Far as Relates to Indemnifying Parishes in Respect Thereof (3 June, 1809).

referred to: 370

60 George III and 1 George IV, c. 8. An Act for the More Effectual Prevention and Punishment of Blasphemous and Seditious Libels (30 Dec., 1819). See Thomas Bayly Howell, State Trials.

9 George IV, c. 31. An Act for Consolidating and Amending the Statutes in England Relative to Offences against the Person (27 June, 1828).

referred to: 104

3 & 4 William IV, c. 73. An Act for the Abolition of Slavery Throughout the British Colonies; for Promoting the Industry of the Manumitted Slaves; and for Compensating the Persons Hitherto Entitled to the Services of Such Slaves (28 Aug., 1833).

note: the reference at 112 is to the Compensating Clause.

referred to: 106, 112

4 & 5 William IV, c. 76. An Act for the Amendment and Better Administration of the Laws Relating to the Poor in England and Wales (14 Aug., 1834).

note: the reference at 213, to sect 48, is in a quotation from Tufnell, that at 214 is to the Poor Law Inspectors.

referred to: 105, 213, 214, 367, 370

2 & 3 Victoria, c. 54. An Act to Amend the Law Relating to the Custody of Infants (17 Aug., 1839).

note: known as Serjeant Talfourd’s Act.

referred to: 285

7 & 8 Victoria, c. 101. An Act for the Further Amendment of the Laws Relating to the Poor in England (9 Aug., 1844).

note: primarily deals with the support of bastards.

referred to: 370

11 Victoria, c. 20. An Act to Authorize for One Year, and to the End of the Then Next Session of Parliament, the Removal of Aliens from the Realm (9 June, 1848).

referred to: 131n

11 & 12 Victoria, c. 35. An Act to Empower the Lord Lieutenant or Other Chief Governor or Governors of Ireland to Apprehend, and Detain until the First Day of March 1849, Such Persons as He or They Shall Suspect of Conspiring against Her Majesty’s Person and Government (25 July, 1848).

note: suspended the Habeas Corpus Act.

referred to: 131n

12 Victoria, c. 2. An Act to Continue until the First Day of September 1849 an Act of the Last Session, for Empowering the Lord Lieutenant or Other Chief Governor or Governors of Ireland to Apprehend and Detain Such Persons as He or They Shall Suspect of Conspiring against Her Majesty’s Person and Government (27 Feb., 1849).

referred to: 131n

16 & 17 Victoria, c. 30 (14 June, 1853). See, under Parliamentary Papers, “A Bill for the Better Prevention and Punishment of Assaults on Women and Children” (10 Mar., 1853).

16 & 17 Victoria, c. 137. An Act for the Better Administration of Charitable Trusts (20 Aug., 1853).

referred to: 213, 214

18 & 19 Victoria, c. 126. An Act for Diminishing Expense and Delay in the Administration of Criminal Justice in Certain Cases (14 Aug., 1855).

note: see 27 & 28 Victoria, c. 80.

referred to: 353

20 & 21 Victoria, c. 85. An Act to Amend the Law Relating to Divorce and Matrimonial Clauses in England (28 Aug., 1857).

note: the reference at 283 is to this statute as one of those which abolished what JSM calls the “enormities” in marriage law, that at 285 is to its provision for legal separation.

referred to: 283, 285

24 & 25 Victoria, c. 100. An Act to Consolidate and Amend the Statute Law of England and Ireland Relating to Offences Against the Person (6 Aug., 1861).

note: see sect. 43 for assaults against women. The reference at 283 is to this as one of the statutes which abolished what JSM calls the “enormities” in marriage law.

quoted: 288

referred to: 283, 288

288.3 “aggravated assaults”] Persons convicted of aggravated Assaults on Females and Boys under Fourteen Years of Age may be imprisoned or fined (margin note, 573)

27 & 28 Victoria, c. 80. An Act to Extend the Provisions of “The Criminal Justice Act, 1855” to the Liberties of the Cinque Ports and to the District of Romney Marsh in the County of Kent (29 July, 1864).

note: this Act extended, as its title indicates, the provisions of 18 & 19 Victoria, c. 126 (q.v.) The Cinque Ports and Romney Marsh had been excluded by 19 & 20 Victoria, c. 118.

referred to: 353

29 Victoria, c. 35. An Act for the Better Prevention of Contagious Diseases at Certain Naval and Military Stations (11 June, 1866).

note: superseded the first Contagious Diseases Act, 27 & 28 Victoria, c. 85. An Act for the Prevention of Contagious Diseases at Certain Naval and Military Stations (29 July, 1864).

referred to: 351-71

32 & 33 Victoria, c. 96. An Act to Amend the Contagious Diseases Act, 1866 (11 Aug., 1869).

referred to: 351-71

FRANCE

Code civil des Français. Paris: Imprimerie de la république, 1804.

note: known after 1807 as the Code Napoleon. The reference derives from Austin.

referred to: 193n

PRUSSIA

Allgemeines Landrecht fur die Preussischen Staaten (5 Feb., 1794).

note: the reference derives from Austin.

referred to: 193n

UNITED STATES OF AMERICA

A Declaration by the Representatives of the United States of America, in General Congress Assembled In Congress, July 4, 1776. Philadelphia: Dunlap, 1776.

note: known as the Declaration of Independence.

quoted: 397

397.6 governed.] governed, that Whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness.

The Constitution or Frame of Government, for the United States of America. Boston: Fleet, 1787.

note: the references at 133n are in a quotation from Phillips.

referred to: 132, 133n, 140, 161, 162, 163

2nd Congress, Sess. II, c. 7. An Act Respecting Fugitives from Justice, and Persons Escaping from the Service of Their Masters (12 Feb., 1793).

note: one of the fugitive slave laws. They were abolished in 1864 (38th Congress, Sess. I, c. 166).

referred to: 133n

Constitution of Texas 1845. In The Constitutions of the State of Texas, with the Reconstruction Acts of Congress, the Constitution of the Confederate States, and of the United States. Annotated by John Sayles. 4th ed. St. Louis, Mo.: Gilbert, 1893, 185-222.

referred to: 297

Constitution of the State of California 1849. San Francisco, printed at the office of the Alta California, 1849.

referred to: 297

31st Congress, Sess. I, c. 60. An Act to Amend, and Supplementary to, the Act Entitled “An Act Respecting Fugitives from Justice, and Persons Escaping from the Service of Their Masters,” Approved February Twelfth, One Thousand Seven Hundred and Ninety-three (18 Sept., 1850)

note: one of the fugitive slave laws. They were abolished in 1864 (38th Congress, Sess. I, c. 166).

referred to: 133n

36th Congress, Sess. II, c. 68. An Act to Provide for the Payment of Outstanding Treasury Notes, to Authorize a Loan, to Regulate and Fix the Duties on Imports, and for Other Purposes (2 Mar., 1861).

referred to: 132

Constitution, Adopted Unanimously by the Congress of the Confederate States of America, March 11, 1861. In The Federal and the Confederate Constitutions for the Use of Government Officers and for the People. Cincinnati: Watkin, 1862

referred to: 127, 132, 135, 140

37th Congress, Sess. II, Resolution 26. Joint Resolution Declaring that the United States Ought to Cooperate with. Affording Pecuniary Aid to Any State Which May Adopt the Gradual Abolishment of Slavery (10 Apr., 1862)

referred to: 162

37 Congress, Sess. II, c. 54. An Act for the Release of Certain Persons Held to Service or Labor in the District of Columbia (16 Apr., 1862)

referred to: 132, 162

37th Congress, Sess. II, c. 111. An Act to Secure Freedom to All Persons within the Territories of the United States (19 June, 1862)

referred to: 162

37th Congress, Sess. II, c. 195. An Act to Suppress Insurrection, to Punish Treason and Rebellion, to Seize and Confiscate the Property of Rebels, and for Other Purposes (17 July, 1862)

note: see sects. 9, 10.

referred to: 139

37th Congress, Sess. III, c. 6. An Act for the Admission of the State of West Virginia into the Union, and for Other Purposes (31 Dec., 1862)

note: this Act was reported as having been passed by the Senate in “America.” The Times. 26 July, 1862 (q.v.). The vote by the House was deferred until Dec., 1862 at which time the bill was passed.

referred to: 162

Constitution of the State of Nevada 1864. In Statutes of the State of Nevada Passed at the First Session of the Legislature, 1864-65. Carson City, New Church, 1865, 39-71.

referred to: 297

Constitution of the State of Georgia as Passed by the Constitutional Convention Assembled at Atlanta, Ga., March 11th, 1868. Augusta: Ga. Pughe, 1868

referred to: 297