and statutes above all the laws and statutes of man. To question these, is to question God himself. But to assume that human laws are beyond question, is to claim for their fallible authors infallibility. To assume that they are always in conformity with the laws of God, is presumptuously and impiously to exalt man to an equality with God. Clearly human laws are not always in such conformity; nor can they ever be beyond question from each individual. Where the conflict is open, as if Congress should command the perpetration of murder, the office of conscience as final arbiter is undisputed. But in every conflict the same Queenly office is hers. By no earthly power can she be dethroned. Each person, after anxious examination, without haste, without passion, solemnly for himself must decide this great controversy. Any other rule attributes infallibility to human laws, places them beyond question, and degrades all men to an unthinking passive obedience.

According to St. Augustine, an unjust law does not appear to be a law; lex esse non videtur quæ justa non fuerit; and the great fathers of the Church, while adopting these words, declare openly that unjust laws are not binding. Sometimes they are called "abuses," and not laws; sometimes "violences,” and not laws. And here again the conscience of each person is the final arbiter. But this lofty principle is not confined to the Church. A master of philosophy in early Europe, a name of intellectual renown, the eloquent Abelard, in Latin verses addressed to his son, has clearly expressed the universal injunction:

"Jussa potestatis terrena discutienda

Cœlestis tibi mox perficienda scias.

Siquis divinis jubeat contraria jussis

Te contra Dominum pactio nulla trahat."

The mandates of an earthly power are to be discussed; those of Heaven must at once be performed; nor can any agreement constrain us against God. Such is the rule of morals. Such, also, by the lips of judges and sages, has been the proud declaration of the English law, whence our own is derived. In this conviction patriots have fearlessly braved unjust commands, and martyrs have died.

And now, sir, the rule is commended to us. The good citizen, as he thinks of the shivering fugitive,— guilty of no crime, pursued, -hunted down like a beast, while praying for Christian help and deliverance, and as he reads the requirements of this Act, is filled with horror. Here is a despotic mandate, "to aid and assist in the prompt and efficient execution of this law." Again let me speak frankly. Not rashly would I set myself against any provision of law. This grave responsibility I would not lightly assume. But here the path of duty is clear. By the Supreme Law, which commands me to do no injustice; by the comprehensive Christian Law of Brotherhood; by the Constitution, which I have sworn to support; I AM BOUND TO DISOBEY THIS ACT. Never, in any capacity, can I render voluntary aid in its execution. Pains and penalties I will endure; but this great wrong I will not do. "I cannot obey; but I can suffer," was the exclamation of the author of Pilgrim's Progress, when imprisoned for disobedience to an earthly statute. Better suffer injustice than do it instrument of wrong.

Better be the victim than the

Better be even the poor slave,

returned to bondage, than the unhappy Commissioner.

There is, sir, an incident of history, which suggests a parallel, and affords a lesson of fidelity. Under the triumphant exertions of that Apostolic Jesuit, St. Francis Xavier, large numbers of the Japanese, amounting to as many as two hundred thousandamong them princes, generals, and the flower of the nobility were converted to Christianity. Afterwards, amidst the frenzy of civil war, religious persecution arose, and the penalty of death was denounced against all who refused to trample upon the effigy of the Redeemer. This was the Pagan law of a Pagan land. But the delighted historian records that scarcely one from the multitude of converts was guilty of this apostacy. The law of man was set at naught. Imprisonment, torture, death, were preferred. Thus did this people refuse to trample on the painted image. Sir, multitudes among us will not be less steadfast in refusing to trample on the living image of their Redeemer.

Finally, sir, for the sake of peace and tranquillity, cease to shock the Public Conscience; for the sake of the Constitution, cease to exercise a power which is nowhere granted, and which violates inviolable rights expressly secured. Leave this question where it was left by our fathers, at the formation of our National Government, in the absolute control of the States, the appointed guardians of Personal Liberty. Repeal this enactment. Let its terrors no longer rage through the land. Mindful of the lowly whom it pursues; mindful of the good men perplexed by its requirements; in the name of charity, in the name of the

Constitution, repeal this enactment, totally and without delay. Be inspired by the example of Washington. Be admonished by those words of Oriental piety — "Beware of the groans of the wounded souls. Oppress not to the utmost a single heart; for a solitary sigh has power to overset a whole world."

TRIBUTE TO MR. DOWNING.

SPEECH IN THE SENATE OF THE United States, 26th August, 1852,

IN FAVOR OF AN ALLOWANCE TO THE WIDOW OF THE LATE ANDREW J. DOWNING.

The Civil and Diplomatic Appropriation Bill being under consideration, Mr. Pearce, of Maryland, under instructions from the Committee on Finance, moved the following amendment :

"For the payment of the arrears of salary due to the late Rural Architect, A. J. Downing, from the first of May, 1852, to the date of his death, and a further allowance to his widow, equal to the salary for one year, $2,500; Provided, that the said sum shall be in full of all claim for the services of the said deceased, and for all models, specifications and drawings designed for the benefit of the United States, which are not in its possession.'

In the course of the debate which ensued, Mr. Sumner spoke as follows:

MR. SUMNER. worthy of his hire; and I believe at this moment there is no question of charity to the widow of the late Mr. Downing. The simple proposition is to make compensation for services rendered to the United States by this eminent artist as superintendent of the public grounds in Washington. And, since the plans he has left behind and the impulses he has given to improvements here by his incomparable genius will continue to

Mr. President: The laborer is