THE RIGHTS OF CONSCIENCE AND OF PROPERTY

 

The Rights of Conscience and of Property; or the true issue of the Convent question[1]

[Author Unknown]

[Published in The Pioneer. A Literary and Critical Magazine; Jan 1843 (1:1)]

[Edited and Annotated by Laura Penalver for the University of Arizona Antebellum Magazine Edition Project, May 3, 2015.]

[Editor's Note]

            Mr. Curtis[2] is already favorably known to the legal portion of the community, by his valuable contributions on the subject of Maritime Law[3]. He certainly deserves the gratitude of every thinking mind for this timely, able, and eloquent plea in favor of justice, freedom, and religious toleration[4]. It argues a dignity and boldness of character of a high order, thus to advance as the champion of a right[5] against which the popular voice [6]has been so long clamorous. We hope that its circulation will be as extensive, and its appreciation as grateful as it so truly deserves; for all that is required, in order to secure liberty and regard of both public and private right, is that the mind of the many should be disabused of its too easily acquired and fostered prejudices.

 

Editor’s Note

Considering the nativist[7] sentiment against Catholic Europeans that had spread throughout America at this time, Curtis’ pamphlet and its supporters (this anonymous reviewer included) represent a social struggle between the democratic ideals that the nation was founded upon, and the growing nationalism of American as a nation. Throughout much of The Pioneer, and other magazines in circulation around this period, there is an undeniable amount of nationalistic sentiment that no doubt had a part in fueling the resentment and prejudice against growing immigrant populations. George Ticknor Curtis was known to write on the rights of the Constitution, and the faults of the legislation of the country in following it as they should. His credibility as a lawyer and his active participation in political discourse seem to have made a big impact on the efforts to protect the rights of citizens. Prejudice and social injustice has always been deeply rooted with American history, and continues to be relevant in many of today’s major controversies.

While in Curtis’ time period, the defenders of the rights of those treated unfairly seem to be a minority fighting against a “popular voice”, in today’s society those who would attempt to undermine the rights of a group of people, either by burning their property or by denying them protection, are far from popular opinion. Despite this, there continue to be racial injustices in the United States that have recently fostered a lot of hate towards the government and police force for not protecting the African American community’s rights. When comparing the anger of individuals like Curtis, with those who riot against police brutality and neglect to protect, the issues of the past are very much still the issues of today.

 

End Notes

 

[1] The Rights of Conscience and of Property; or the true issue of the Convent question. By George Ticknor Curtis. 8vo. pp. 39. Boston: C.C. Little and J. Brown. 1842. Pamphlet.

[2] George Ticknor Curtis was a practicing lawyer and a member of the Whig party. He authored a number of prominent treatises, the most well-known to this day being his Constitutional History of the United States.

[3] Likely referring to Curtis’ treatise titled Commentaries on the jurisdiction, practice, and peculiar jurisprudence of the courts of the United States, in which he discusses the judicial power of the United States concerning maritime jurisdiction.  

[4] Curtis was condemning the inability of the government to bring attention to, and act justly in consequence of the burning of a catholic convent at the hands of a mob believed to be fueled by religious prejudice.  

[5] Religious Freedom

[6] Anti-Catholic sentiment was very popular in the United States at this time, due mainly to the immigration of Catholics from parts of Europe.

[7] The nativism movement resulted from claims that Catholics (prominently Irish Catholics) were destroying the culture of the United States. The term according to the OED means: “The attitude, practice, or policy of protecting the interests of native-born or existing inhabitants against those of immigrants”.

 

 

 

 

 

Works Cited

"nativism, n." OED Online. Oxford University Press, March 2015. Web. 5 May 2015.

"The Rights of Conscience and of Property; Or the True Issue of the Convent Question;" Christian Examiner and General Review (1829-1844) 01 1843: 391. ProQuest. Web. 5 May 2015 .

250. "Review 1 -- no Title." The Monthly Law Reporter (1848-1866) 7.7 (1854): 417. ProQuest. Web. 5 May 2015.

The Pioneer

Issue: 

  • January 1843