The Online Library of Liberty

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• 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)