The Non Resistance Principle With Particular Application to the Help of Slaves

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Thus, Gil Bias, confined in the robbers' cave, where all the stores, of every description, were the avails of plunder, if unable to find his own particular property when an opportunity of escape of- fered, might very properly take, and carry away, its equiva- lent in any form. So much is his due ; the taking of so much, in any form, is no violation of any right, moral or legal, of the robbers ; and no right of any one is infringed by it. Until he finds the original owner, the substitute thus ta...ken is his, more than any person's in the world. And it is brought nearer to the original owner by being taken out of the custody of the robbers. In cases of what the law terms *' confusion of goods, " as where a person, with fraudulent intent, mixes another's prop- erty with his own, in such a manner that the portions belong- ing to each cannot be distinguished, (as money, flour, corn, hay, &c. , ) equity would of course decide that the person wronged might take his fair proportion of the whole, if he knew what that proportion was.

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