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Bingham said: "I beg the gentleman to consider that a grant of power by implication can not be raised by a law which only imposes a penalty, and nothing but a penalty, for a non-performance of a duty or the violation of a right.
If their friendship be a safeguard to the other sex, their homage is fatal to all but the strongest, and Rousseau was weak both by inheritance and early training. His father was one of those feeble creatures for whom a fine phrase could always satisfactorily fill the void that non-performance leaves behind it.
But in obstinate cases it can only be done by corporal punishments, such as are inflicted in the army and navy of the United States. In light cases of disobedience of orders and non-performance of duty the employer should impose fines, &c.
"Very well then, I've nothing to fear," the child returned with her note of prepared promptitude. What teaching she had had, it seemed to suggest or what penalties for non-performance she dreaded! Her description of her aunt had not been incorrect; the Countess Gemini was further than ever from having folded her wings.
The question was immediately sprung as to whether such an agreement was to be construed as a promissory note, or was to be sued for as a contract to do a specified act, by setting out a breach and claiming damages for the non-performance.
The difference between the two cases is, indeed, precisely that between the conduct of a munificent prince who bestows his favours unequally, but without making unreasonable demands, and the proceeding of a capricious tyrant who, while he confers the most exalted privileges and honours on one portion of his subjects, consigns all the rest, not more undeserving than they, to hopeless and remediless destruction; and that, too, for the non-performance of an impossible condition.
Promise without fulfillment is barren, but when you can place before the mechanic the assured fact that the performance of his duty means success in life, and that his non-performance means failure; when you can show him that this law is immutable, you have made of him a useful citizen and have instilled into his mind a firm belief that the freedom and liberty of which we boast is not an inchoate substance to be dreamed of and not enjoyed.
I also hear that there is no Elizabeth, and until you give me further information in the matter I am not inclined to put down the non-performance of Tannhauser to a fictitious order of the police while such real theatrical impediments are in the way. Has St. replied to you? If you write to him in the sense indicated in my letter to you from Leipzig, we shall soon get to the bottom of the matter.
The non-performance of the promises made by the grantees, at length induced the Congress of New Granada to annul all privileges conferred on individuals for the purpose of opening a canal, or constructing a railroad across the isthmus, and notifying that the project should be left open for general competition.
Topham fired off a pamphlet setting forth the circumstances of the alleged promise, and protesting against the wrong inflicted upon him by its non-performance. At this point Sterne came to Dr.
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