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Such is the history of the clause in the will. My friend little thought, when he dictated it, of the extraordinary result to which it was one day to lead. For some years, however, events ran on smoothly enough. Little Jessie was sent to an excellent school, with strict instructions to the mistress to make a good girl of her, and not a fashionable young lady.
After desiring that all debts due him should be collected as soon as possible after his decease, he adds this clause: "But I would not have any industrious and really poor persons distressed for this purpose." The writer of these letters needs no additional eulogy. He sacrificed all the prospects of his life to give his services in our struggle for freedom.
The reality of that issue had been made plain in May, 1859, when the Southern commercial congress at Vicksburg entertained at the same time two resolutions: one, that the convention should urge all Southern States to amend their constitutions by a clause prohibiting the increase of African slavery; the other, that the convention urge all the Legislatures of Southern States to present memorials to Congress asking the repeal of the law against African slave trade.
He could never agree to the clause as it stands. He would sooner risk the Constitution. He dwelt on the dilemma to which the Convention was exposed. By agreeing to the clause, it would revolt the Quakers, the Methodists, and many others in the States having no slaves. On the other hand, two States might be lost to the Union. Let us then, he said, try the chance of a commitment.
Of the meaning of that memorable act, I believe, I do not need any information. I know it is provided, that this nation shall not be engaged in war in the quarrel of Hanover; but I see no traces of a reciprocal obligation, nor can discover any clause, by which we are forbidden to make use in our own cause of the alliance of Hanover, or by which the Hanoverians are forbidden to assist us.
He was constrained to confess that the first clause of the deeply wronged mother's prediction had found ample fulfilment. Julius paused, shifted his position uneasily, somewhat fearful of the conclusions of his own reasoning. For how about the second clause of that same prediction?
It is a measure which has been most anxiously looked forward to by the country; at the same time that it is one as to which there has been much doubt: but your lordships should bear in mind, that there is not one clause of this bill upon which you can make an amendment, or in which you can give a vote, except in the negative or the affirmative, without committing a breach of those conventional rules which have been established for the conduct of the business between you and the House of Commons.
That's true; but the sweeping clause against 'all particularities and details of every kind' is clearly got rid of. The undecided state of Sir Joshua's feelings on this subject of the incompatibility between the whole and the details is strikingly manifested in two short passages which follow each other in the space of two pages.
Some years afterward, however, a clause in the act, which created a new appellate jurisdiction, empowered the sovereign to create peerages of this limited character, one of the clauses providing that "every Lord of Appeal in Ordinary should be entitled during his life to rank as a Baron by such style as her Majesty may be pleased to appoint, and shall during the time that he continues in office as a Lord of Appeal in Ordinary, and no longer be entitled to a writ of summons to attend, sit, and vote in the House of Lords.
Contingencies might arise to render such a course necessary, but in that case their Lordships would receive an early intimation of the fact. The Archbishop of Canterbury spoke against the clause. He considered it, in its present form, too secular.
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