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In Queen Elizabeth's time Protestantism could sentence men to the dungeon or stake for their religion, and so abrogate the rights of conscience and choke the channels of God. Ecclesiastical tyranny muzzled the mouth lisping God's praise; and instead of healing, it palsied the weak hand outstretched to God.
When the first Charles, and Laud, that ravenous Arminian Antichrist, attempted to subvert and abrogate the presbyterian gospel worship, not only did the Marquis stand forth in the van of the Covenanters to stay the religious oppression then meditated against his native land, but laboured with all becoming earnestness to avert the pestilence of civil war.
We consider it our duty to recall these elementary demands to the mind of the Russian public.... In all nationalities there are bad and ill-minded persons but there is not, and cannot be, any bad and ill-minded nationality, for this would abrogate the moral responsibility of the individual.... It is unjust to make the Jews responsible for those phenomena in their lives which are the result of thousands of years of persecution in Europe and of the abnormal conditions in which this people has been placed.... The fact of belonging to a Semitic tribe and professing the Mosaic creed is nothing prejudicial and cannot of itself serve as a basis for an exceptional civil position of the Jews, as compared with the Russian subjects of other nationalities and denominations.... The recognition and application of these simple truths is important and is first of all necessary for ourselves.
The General Assembly could have no power to abrogate a law passed by the three estates of the realm. But probably it was the deep sense of that truth, which reined up the national resistance. Sure of a speedy collision between some patron and the infringers of his right, other parties stood back for the present, to watch the form which such a collision might assume.
To suppose that they had in view one statute without regarding others, or that they contemplated a statute without considering that paramount constitutional provisions might control or qualify that statute, or abrogate it altogether, is unreasonable and inadmissible. "This contract," says one of the authorities relied on, "is to be construed as if the law were specially recited in it."
That the acts in question impair this contract, has already been sufficiently shown. They repeal and abrogate its most essential parts. A single observation may not be improper on the opinion of the court of New Hampshire, which has been published.
The Austrian Reichsrath had adopted laws introducing equality of civil rights for all the inhabitants of the empire, and restricting the influence of the Church. This produced on the part of the papal government an expostulation. Acting as Russia had done, the Austrian Government found it necessary to abrogate the Concordat of 1855.
The reverse happens when the sovereign power is vested in one man, for all act at his bidding; and, therefore, unless they had been trained from the first to depend on the words of their ruler, the latter would find it difficult, in case of need, to abrogate liberties once conceded, and impose new laws. From these universal considerations, let us pass on to the kingdom of the Jews.
Had they been terminated by a conversation fifteen minutes before or two days before or two weeks before it makes no difference when, so long as they had been properly terminated or had they not? A business man has a right to abrogate an agreement at any time where there is no specific form of contract and no fixed period of operation entered into as you all must know.
My fourth and last proposition, Mr. President, was, that any attempt by a State to abrogate or nullify acts of Congress is a usurpation on the powers of the general government and on the equal rights of other States, a violation of the Constitution, and a proceeding essentially revolutionary. This is undoubtedly true, if the preceding propositions be regarded as proved.
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