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He would, too, have ridiculed the notion that State legislatures would refrain, in obedience to the Constitution, from passing any law which local sentiment strongly favoured or local convenience plainly demanded, such as a law impairing the obligation of obnoxious contracts, or levying duties on imports or exports.
It was again an infringement of the 13th article in the confederation, for Congress, on the 28th of September, not to arrest and prevent its being transmitted to the several legislatures; nor was the legislature of this state less culpable, in the beginning of February, 1788, who, in the course of three hours, took up and concluded the measure of calling a convention without apprising their constituents of the danger.
The treaty only became law with the consent of the provincial legislatures; and, although the Canadian governments were not directly represented by any of their members, the governor-general, Lord Elgin, who personally conducted the negotiations on the part of England at Washington, in this, as in all other matters touching colonial interests, was assisted by the advice of his responsible ministers.
As donors we shall possess no control over our own gift after it shall have passed from our hands. It is true that the State legislatures are required to stipulate that they will faithfully execute the trust in the manner prescribed by the bill. But should they fail to do this, what would be the consequence?
These differed in severity in different States, but in the main their outlines were the same. Practically all the Granger legislatures prohibited free passes to members of the legislatures and to public officials. A law fixing the rate of passenger fares the maximum ranging all the way from two and one-half to five cents a mile was a regular feature of the Granger programme.
The brutal pro-slavery mob of Atchison saw in him only an impudent and absurd opponent of an institution that controlled courts, legislatures and congress; the awakening Nation saw that he stood for Free Speech, for Liberty, for Law, and for Humanity; and the indignities heaped upon him touched and stirred the heart of the North in its profoundest depths.
Is it the creature of the State legislatures, or the creature of the people? If the government of the United States be the agent of the State governments, then they may control it, provided they can agree in the manner of controlling it; if it be the agent of the people, then the people alone can control it, restrain it, modify, or reform it.
There being a solid South on one side that was in accord with the political party in the North which had sympathized with the rebellion, it finally, in the judgment of Congress and of the majority of the legislatures of the States, became necessary to enfranchise the negro, in all his ignorance.
The example of New Zealand was lauded in the Australian Legislatures and newspapers, and even in the courts, till at last a feeling of strong antagonism was developed among the more advanced class of socialistic Labor men, and it was decided by their leaders to undertake a campaign in the neighboring Dominion against the system of settling industrial questions by courts, and in favor of substituting the system of strikes, with their attendant power and profit to the Labor leaders.
The Supreme Court of the United States gives decisions on the construing of the Constitution, and who ever heard of a decision of the Supreme Court being sent down to be ratified by the State Legislatures? The Supreme Court of the United States construes the Constitution, without any reference to the State Legislatures, and so we construe law without any reference to the Annual Conferences.
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