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Show 260 APPENDIX TO NOTES. knowin" nnythin~'~' of their crew~, until they get out at sen .. 11Tifcrc may be Pirates or0mutinccrs among them~ n,nd one bad man WI ~ ton infect all the rest; and it is almMt ccrtatn that some of them will be ignorant foreigners, !tai-dly unJcr~S_tanding n word of our 1:\nguage, accustomed all their lives to no mflucn~c Lut force, nnd terhaps nc:wly as filmiliar with tho usc of the kn•fo as wtth ~hat_of t 10 marline- spike. No prudent master, however pcac_;nbly !nclmcd, would go to sea without his pistols nnd handcu!fs. Even wtlh such a c!·cw as I have supposed, kindness :'-nd _moJcratwn would beth~ l~cst ?ohcy! and the duty of every consc•cntwus mnn; and tho admuHstc•mg ol corporal punishment might be ~inngcrous, n.nd of doubtful uso. Uut the question is not, what n c1~ptam ought genera~ly to do, but w~1ether it shall be put out of the power of every c:~pt::m, under any c1rcum· stances to make usc of even moderate chast1seu1ent. As tho hw now stt~nds, a p;~rent may correct modc;n.tcly his child, and the ma.sttlr hiM apprentice; n.od the case of the slupmn.ster has been placed upon tho same J?rinciple. 'l'he statu~es, and the common law, as expounded in the dec1sions of courts, lUH.l Ill the books of commentators, are ex4 press and una.nimous to this point, that the captain may inOict moderato corporal chastisement, for a rct~sono.bl~ ca~.~c.. lf t~1e punishment is excessive or the ca.use not suffic~ent to JUstify 1t, he IS answerable i and the jurY nrc to determine, by their verdict in each case, whether, under all the circumstances, the punishment was moderate, and foro. justifiable cnusc. . . . . "'!'his seems to me to be u.s good a pos1t10n as the whole suhJCCt can be left in. I men.n to say, tlmt no positive enactment, going beyond this, is needed, or '~·ould b~, a. beue~t either to masters or men, in the present state of tlungs. I ius aga11:1 would. seem to ben. case which should be left. to the gradual work1ng of 1ts own cure. As seamen improve, punishment will become lcs:i necessary; and a.s tho character of effacers is raised, they will be less ready to inflict it; and, still more, the infliction of it upon intelligent and respcct.'Lble men, will Le un cuonnity which will not bo tolerated by public opinion, n.nd by juries, who arc the pulse of the boJy politic. No one can have a greater abhorrence of the infliction of such punishment thun I ha.ve, and n. stronger comiction that severity is bad policy with a crew; yet I would ask every reasonable man whether he had not better t.rust to the pmctice bocomiug unncce~;s<try and disrcputahle; to the measure of moderato chastisement and a. j ustifiablc cause being better understood, and thus, thO act becoming dangerous, and in the course of time to be regarded tl.s an unheard4of h;trbarity-than to tnko the responsibility of prohibiting it, at once, in nil cu...,cs, and iu whatever degree, by positive enaCtment?" (pp. 408-471.) Ari'ENDIX I. INfJUEL T.t:STUI:ONY. From the Booton Post, of June 4!/t, 1853. Extract from n. memorial to the convention assembled to rcvis(.l tbe constitution of Massachusetts, asking " that the constitution Vc APPENDIX TO NOTES. 2Gl 80 amended, that tho doctrines f .. ~cconHner:dcd therein, and that 0n n~ r?l~gron shall bo established or ference wrth the laws of the St-tto f 1 011_g1.011~ or. ecclesiastical interschools, shaii IJe hcreaftc•· possi,IJI '. ts 1fhcw.!Lnsbtutions, or its public ·:A huge .and rapidly iLLCreasin~l~l•t IC Con!l~lOnwenlth :"tutJonal ru.lmgs ot the cotu·ts or"' .c ~~a of .cLtl,ZCIIS a.ro by theconstit! JC protection of tho Stn.te, dcclar~~~'\,~n thra Common.wealt~l, denied nny CUSC wha.tcvcr, Or to hold an ffi' COmfetcn~ ~() gn·e CVIdenco in t~~~~~fc mcmber.s of society, bcc;~J~O :J~· an( posJtrv~ly p:oscribed as h~•.lit~.~f cc•·t:un r eligious doctt·incs. ey cnnnot bclu.:\'C m tho infal4 A~;.~lllSt auch Jcpri vat ion of r . .because of theologicu.I opinions . po •trcal character nnd ei,,ilrig ht.s pr·olci~t. ,..,,e most respectfully, but most firmly' " We hold that the right to doubt un . . , that a man has t~JC.~Ili\JC right to be ani d~~~~~s tho r1ght .to bclien}; has to be a Chr1st1a11 • tha~ tl e St t 111 • c or an uthe1st, that he mcn'M acts nnd not or' the· 1 .. a c, lltnng to take cognizance of make any religious faith u. ~~ ~P~~~~~~s,!J:u~ .110 autho1·ity whatever to do '~·ith. the Lelicf or the 111~b~ie1'~;ensh1J?; ~h.at it has nothing to publication of 80iltimcnts . but tl t ' t .any mcltndual, !~Or with any of rcpu~Jl.icanism, to consc;,.e the 1~n;i/s 1~el~, by tho fi1:st princiPles know. Cll!zens, not sects, and to u:u· e I CC om of all•ts people, to equality before the l:~w. g ' autce to nll mon an nL.soluto "Your mem01·ialist.s Rubmit thnt u . govcrumen~ is not only thcoroticn.il fa.;o .ostracJsm o.f infidels by tho ~t Cl'ery ~omt, nn injustice to socict s~ and despotu::, but that it is, wg the nunutost POoJ. If it L tl y, ~ 11 utterly Htc:tpaLic of effect,.. leave to su_ug:cst t~at no t;ure•· n~etl·,~~g ft ;t cure ~o scepticism, we beg ado)ltcd, ina!:'much !ls pro~cript' . 0 11~cr·cusmg infidelity could be the pros.c•·ibed, and wcak~ns c~~~f~d~:~var!:tbly crel~l~s sympathy for JlcrsecutJOn to sustain it B .· 1 •• ce Ill tho rel1g1on winch needs who is made to sufll:r th~ np;l~~uo;.~ Jt 1f ~:10 strictly conscientious man H~.;Y that he bclie\'es in the Cln·is;. 11 0 . 1? l:tw. An individual rrmy C~l\·cd in court, thoug-h truth Le J;~nar.~!~flon, ,nne~ h~s evidence is re4 "ho docs. n.ot th us Lcliove, and is hon J· ffr to Ius lips. But a man cere c~n\'LCtwns, ia met 0 the St t .? a e enough to avow J1is sinlllllralmJbecility, :tnd tbo~aw ex ,f el '"tl~ the preposterous <'hnr;;;:e of wru!Jg,whidJ ~dlows. And thi~ b:.~:,~d lm~ testm~ony, reckless of any tiJC m~Jel in cve•·y dcpal'tlllcnt of ~uRinof legal mcompctency affects wortlnnesR, howc\'Cl' unlJlemi:shocl . I css,.an.d condemns his trust-tl-:~ ct to which he is 't )·trt . mny .)c Ins Jn tcgL·ity. EYcry con i~ i~ '':orthl('8S to hi'J/' uJ~<t;~:t .~JO written or j)L'ovcn by others, cis~ Cl~~·ttJ~~n· cl.erk, are invalid and ll;l~~Yl~~~~·bfxcopt they be kept by a. J nu 1t Lsnot :ti(JllC tho i I'd 1 .1 .' .0· Lut the safety of socict als 11 ,1 e ." 10 ts llltcrestcd in this matter t~rminod by eharnctcr Ya.~d 0n~~q~lll'tS 1~htt CJ·cdibility should be dO: gn·en for defeating tho ends f . .Y • 0 Je · J\~1 opportunity is now taken to s!Jicld tho guilty from ~ Jn.st;~c, of winch advantage is often arc constautly occurrin" il . oun.c J.on nnd punishment. lnstnnee.!f so.ns who can give eviJc~JC~ 1~u~ c~~~~llla.l ~oul'fs, wh.ere the only perfnends or accomplices, by design~~~·! e a~ o;.d n.pp('nrmg .against tlwir . Y 8 a mg, before wltuesses, that |