Bill of lading

“ We confess our intention is, and our endeavours have been, to reduce within bounds that exorbitant power which the prelates have assumed unto themselves, so contrary both to the Word of God and to the laws of the land, to which end we passed the Bill for the removing them from their temporal power and employments, that so the better they might with meekness apply themselves to the discharge of their functions, which Bill themselves opposed, and were the principal instruments of crossing it. ”

“ To pass such an Act, repealing the law retrospectively in favour of all law-breakers, is really to tell the people "you are under no obligation to obey the laws." But the matter does not stop there. Every clause of the Bill is more and more monstrous as we go forward. ”

“ But no unanimity of politicians can uphold the baseless assumption, that a law, or any conglomerate of laws, under the name of Compromise, or howsoever called, is final. Nothing can be plainer than this; that, by no parliamentary device or knot, can say Legislature tie the hands of a succeeding Legislature, so as to prevent the full exercise of its constitutional powers. Each legislature, under a just sense of its responsibility, must judge for itself ”

“ Avery, were chairman of that committee, that such a bill as that would ever have been presented? Do you suppose, if any mother on earth held the veto power, that such a bill would ever disgrace a statute book? Are there enough men, even of a class who generally go to the Legislature, who, in spite of their fatherhood, in spite of the fact that they have little sisters, are such beasts as to pass a bill like that? A ten-year-old girl! A mere baby! And—oh, mamma! it is too hideous to believe, even of—such a bill could never pass. Never on earth! ”

“ A cunning man, looking to what he thought to be his own interest, would have gratified him, and, vetoing the bill would have earned the praise, if not the approval, of a set of men whose voices extend far and are to some extent potent. A timid man, signing it, would have said nothing and left the legislature and the party leaders to share with him the buffets. I made the bill a law and gave my reasons, published with the statute, taking the full responsibility and thereby drew upon myself all of the javelins that could be hurled. ”

“ And besides, sir, do you perceive no danger to the Constitution in the extraordinary powers are only to be exerted contingently—since the bill now before Congress leaves it to the President himself to determine when the contingency may arise. Is there no danger that if it should not arise in the ordinary course of events, he will make it for himself? ”

“ The efficacy of this bill seems, indeed, to be allowed by some of the lords who oppose it, since their chief objection has arisen from their doubts whether it can be executed. If a law be useless in itself, it is of no importance whether it is executed or not ”

“ But in all such cases the votes shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law. The President may veto any appropriation or appropriations, and approve any other appropriation or appropriations, in the same bill. ”

“ The Congress, the Executive, and the Court, must each for itself be guided by its own opinion of the Constitution. Each public officer, who takes an oath to support the Constitution, swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President, to decide upon the constitutionality of any bill or resolution, which may be presented to them for passage or approval, as it is of the Supreme Judges when it may be brought before them for judicial decision. ”

“ And this limitation was a substantial mitigation of its severity. It made the bill, as Mr. Stanley correctly described it, "not a permanent infringement on the constitution, but a temporary deviation from it, giving those powers which were necessary at the moment," but not maintaining them an hour longer than they were necessary.
And this seems to be the course most in accordance with the spirit of the constitution, with former practice, with common-sense. Deeds which violate the letter of the law can be dealt with by the law. ”

“ We support this bill. We may possibly think it a better bill than that which preceded it. But are we therefore bound to admit that we were in the wrong, that the Opposition was in the right, that the House of Lords has conferred a great benefit on the nation? We saw—who did not see?—great defects in the first bill. But did we see nothing else? Is delay no evil? Is prolonged excitement no evil? Is it no evil that the heart of a great people should be made sick by deferred hope? We allow that many of the changes which have been made are improvements. ”

“ Congress need merely omit its ground of condemnation and legislate the penalty! But the prohibition against a 'Bill of Attainder' is only one of the safeguards of liberty in the arsenal of the Constitution. There are other provisions in the Constitution, specific and comprehensive, effectively designed to assure the liberties of our citizens. The restrictive function of this clause against bills of attainder was to take from the legislature a judicial function which the legislature once possessed. ”

“ I must say, with all proper deference, that no man, prior to, or after his election to the chief magistracy, has a right to say, in advance, that he would not approve of a particular bill, if it were passed by congress. An annunciation of such a purpose is premature, and contrary to the spirit, if not the express letter, of the constitution. According to that instrument, the participation of the president in the legislative power—his right to pass upon a bill—is subsequent, and not previous to, the deliberations of congress. ”

“ During your last Session of Parliament it was expected that the Whigs would attempt to repeal the Occasional Bill. The same jealousy continues; there is, perhaps, foundation for it. Give me leave to ask you upon what principle we argued for making this law, and upon what principle you must argue against the repeal of it. I have mentioned the principle in the beginning of this discourse. No man ought to be trusted with any share of power under a Government who must, to act consistently with himself, endeavour the destruction of that very Government. ”

“ I think I have said enough to show that if your Lordships should at any time be persuaded, contrary to my own conviction, that the main principle of the Bill is right, you must set to work to give effect to your wish in a totally different manner. You must not by retrospective legislation try to render legal that which was not lawful and cannot properly be made so. You must consider how far your principle ought to go, and I am sure you can never stop short of the abolition of all marriages of affinity. ”

“ Is the bill to become a law despite the objections of the President? The Congress has not adjourned, and yet the President cannot make return of the bill to the House of its origin in session because it is not in session. Is the bill to die with the Congress in existence, possibly the House of origin only having adjourned earlier than usual on the last day permitted for the return of the bill? ”

“ Though party politics are involving the functions of the Crown? Oh, yes, Mr. Prime Minister, it is no use for you to shake your head. I contend that, without a word said, this bill does directly undermine my powers of initiative and independence. You deprive the Bishops of their right to vote on money bills; very well, that will include all royal grants, whether special or annual,—maintenance, annuities, and all that sort of thing. At present these are fixed by law and cannot be disturbed without the agreement of both Houses. That is my safeguard. ”

“ But though these lords spiritual are in the eye of the law a distinct estate from the lords temporal, and are so distinguished in all our acts of parliament, yet in practice they are usually blended together under the one name of the lords; they intermix in their votes; and the majority of such intermixture binds both estates. For if a bill should pass their house, there is no doubt of it's being effectual, though every lord spiritual should vote against it ”

“ To characterize an act of Congress as a bill of attainder readily enlists, however, the instincts of a free people who are committed to a fair judicial process for the determination of issues affecting life, liberty, or property and naturally abhor anything that resembles legislative determination of guilt and legislative punishment. ”

“ All members of Congress swear their support to the whole Constitution—to this provision as much as to any other. To the proposition, then, that slaves whose cases come within the terms of this clause 'shall be delivered up,' their oaths are unanimous. Now, if they would make the effort in good temper, could they not, with nearly equal unanimity, frame and pass a law by means of which to keep good that unanimous oath? There is some difference of opinion whether this clause should be enforced by national or by state authority ”

“ The restrictions on the legislative power of the States are obviously founded on this sentiment; and the Constitution of the United States contains what may be deemed a bill of rights for the people of each State.'
'No State shall pass any bill of attainder, ex post facto law, or law impairing the obligations of contracts. A bill of attainder may affect the life of an individual, or may confiscate his property, or may do both.'
In this form he says, 'the power of the legislature over the lives and fortunes of individuals is expressly restrained. ”

“ There is first the will of the legislature. When it confers a right, it may confer it, either for a limited, or for an unlimited time. In the term unlimited time, we include the power of tradition, or transfer, in all its shapes. If the time is limited, by the declaration of the legislature, either to a certain number of years, or the life of the party, the fact which terminates the right is obvious. If a man possesses a right, unlimited in point of time, the events are three by which it has been commonly fixed that it may be terminated: 1. ”

“ The majority, after a review of the practice of the Department, the acquiescence of Congress in the practice, and the decisions of the courts, reported that the President already had a general power of withdrawal, and recommended the passage of the pending bill, inasmuch as it operated to restrict the greater power already possessed. Sen. ”

“ The bill passed the House of Lords while the people were in this state of agitation, and was laid before the King for his assent, together with another bill, declaring that the Parliament then assembled should not be dissolved or adjourned without their own consent. The King—not unwilling to save a faithful servant, though he had no great attachment for him—was in some doubt what to do; but he gave his consent to both bills, although he in his heart believed that the bill against the Earl of Strafford was unlawful and unjust. ”

“ At the same time it is plain that men's eyes were being opened to the threatened loss of independence of the Lower House, for a private Bill was introduced, and subsequently carried through in a modified form by Government, to forbid the holders of pensions withdrawable at will from sitting in the House. ”

“ Let me add, that a bill of rights is what the people are entitled to against every government on earth, general or particular; ”

“ I no longer ask you to sign the bill; I respect your punctilio. I only beg that you will permit this measure which your party has espoused to become a law without your signature. Everybody will understand your position. You will occupy an honorable middle ground."
"For me there is no honorable middle ground. It lies with me to approve or reject."
The Boss got upon his feet.
"I dislike coercion," he said.
The governor rose.
"You need use none. No amount of it could hypnotize me into seeing a bad bill as a good bill."
"Do you count the presidency so lightly?"
"No American can count it lightly." ”

“ It is extraordinary how little sensation the defeat of Government in the House of Lords has caused. Everybody talks of the debate, nobody thinks of the event, but I find several people expect that the Church Bill will be thrown out, which would be a much more serious thing. I betted Stanley five pounds to one yesterday that they were not beaten on the second reading of the Irish Church Bill. ”

“ Every constitution, then, and every law, naturally expires at the end of thirty-four years. If it be enforced longer, it is an act of force and not of right. It may be said that the succeeding generation exercising, in fact, the power of repeal, this leaves them as free as if the constitution or law had been expressly limited to thirty-four years only. ”

“ There is a Bill in the Lords to encourage people to buy all the King’s fee-farm rents; so he is resolved once more to have money enough in his pocket, and live on the common for the future. The great Bill begun in the Lords, and which makes more ado than ever any Act in this Parliament did, is for enabling Lord Ros, long since divorced in the spiritual court, and his children declared illegitimate by Act of Parliament, to marry again. ”

“ The exact point in the bill that had proved objectionable, and which they desired expunged, was what is known as the three hundred dollar clause, enabling any drafted man by the payment of the above sum to procure a substitute, and so be relieved himself. This very feature of the bill Mr. Blaine had incorporated as his first amendment offered [213] in congress, and enforced by a vigorous speech, which carried it through, and now a repeal of it would compel any business man in the country, if drafted, to go at once, provided only he was fit for military service. ”