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I state this fact baldly and unequivocally at the very outset in order to set at rest, once and for ever, all controversies and disputations on that fascinating point.
Next, my opinion is, that it ought to be rather by a bill for removing controversies than by a bill in the state of manifest and express declaration and in words de præterito. I do this upon reasons of equity and constitutional policy. I do not want to censure the present judges. I think them to be excused for their error.
This new judicial power extended to "controversies between citizens of different States." Never again would the cumbersome machinery of Federal commissioners to hear disputed claims to territory be called into service a kind of Platonic lot-casting phantasy because the new national judiciary system covered "controversies between two or more States."
His eager desire to soften all possible controversies and produce in the minds of the conclave about his bed, so full of ambition and the force of life, the softened heart which would dispose them to a peaceful and conscientious election of his successor, is very touching, coming out of the fogs and mists of approaching death.
As for the fruit towards those that are within; it is peace; which containeth infinite blessings. It establisheth faith; it kindleth charity; the outward peace of the church, distilleth into peace of conscience; and it turneth the labors of writing, and reading of controversies, into treaties of mortification and devotion.
It is well known that in the dark ages of Popery the layman was not permitted to judge in religious controversies, and it seems very alarming that Mr. Sherer has expressed a similar sentiment, inasmuch as he considers himself much offended because the Synod appointed laymen or, as he says, farmers to constitute the committee.
And so, as I have already remarked, if I were required to superintend a Bacon-Shakespeare controversy, I would narrow the matter down to a single question the only one, so far as the previous controversies have informed me, concerning which illustrious experts of unimpeachable competency have testified: Was the author of Shakespeare's Works a lawyer? a lawyer deeply read and of limitless experience?
The Constitution of the United States contains some provisions restricting the jurisdiction of military authorities and tribunals over controversies, which are not found in the Constitutions of the States. It may well be that martial law has for the United States a narrower meaning than it may possess in a particular State.
Many of them relate to obsolete questions and issues, monumental of controversies long dead, and of disputatious doctors otherwise forgotten. Yet, in respect to even these, we feel justified in assenting to the opinion of one abundantly capable of appreciating the character of Baxter as a writer. "What works of Mr. Baxter shall I read?" asked Boswell of Dr. Johnson.
But that a young man conceited, shallow, and ignorant should profess to settle with a word the controversies which had agitated the profoundest reasons, and to settle with a sneer, the mysteries before which the mightiest thinkers had veiled their eyes in reverence and awe; that he should profess to set aside Christianity as a childish fable not worthy a wise man's acceptance, and triumph over it as a defeated and deserted cause; this indeed filled De Vayne's mind with sorrow and disgust.
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