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What I have to urge is no less against the bill in general, than the particular clause now immediately under our consideration, and though the petition should relate likewise to the whole bill, I cannot discover why we should refuse to hear it.
It is usually said, by those who maintain its existence in the single hands of the President, that the power is derived from that clause of the Constitution which says, "The executive power shall be vested in a President."
The exception proposed is, in the opinion of the honourable gentleman, so reasonable, that he declares himself ready to approve it in another place; and, to me, no place seems more proper of its making part of this bill than this. As a connexion between the clause and exception appears necessary and immediate, I cannot see why it should be postponed, unless it is hoped that it may be forgotten.
It is the word "our" that makes all the trouble. With the "our" in, she is plainly saying "my divine origin." The word "from" seems to be intended to mean "on account of." It has to mean that or nothing, if "our" is allowed to stay. The clause then says: "I shall claim no especial gift on account of my divine origin."
The clause respecting the Inquisition was one which secured the English traders from being molested by that court, on condition that they gave no scandal, modo ne dent scandalum.
If any one has been dispossessed or removed by us, without the legal judgment of his peers, from his lands, castles, franchises, or from his right, we will immediately restore them to him; and if a dispute arise over this, then let it be decided by the five-and-twenty barons of whom mention is made below in the clause for securing the peace.
No real security could arise from the clause which provides, that persons held to labor in one State, escaping into another, shall be delivered up. This only meant, that runaway slaves should not be protected in other States. As to the exclusion of ex post facto laws, it could not be said to create any security in this case. For laying a tax on slaves would not be ex post facto. Mr.
The brief confessional clause at the conclusion of the above draft I take to be an important portion of the document.
Though there was no clause of this act but ought to have given the alarm to humanity, "knocked at the heart, and bid it not be quiet;" yet the whole appeared perfectly unexceptionable to the Assembly in general: till, on farther examination, they found it contained an implied repeal of the law hitherto observed, according to which, no representative could be arrested without a preliminary decree for that purpose.
In order, however, to prevent any misapprehension on this point clause 37 was inserted, the efficacy of which, owing in great measure to a misprint, has been doubted.
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