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These "folk-ways" were born long before human laws and were enforced more rigidly than the statutes of a later age. Slowly men embodied their "taboos," their incantations, their habits and customs into religions and statutes. A law was only a codification of a habit or custom that long ago was a part of the life of a people.
In 1896, under the influence of President Cleveland's administration, we find four such statutes, and in 1897, with reviving prosperity, thirteen. Still, we find no new principle, except, indeed, the somewhat startling statement in Kansas that it is unlawful to handle goods made or controlled by monopolies.
I presume, my lords, that no man dares assert such a flagrant neglect of so important an office, to be not criminal in a very high degree; to steal in private houses that which is received in trust, is felony by the statutes of our country; and surely the wealth of the publick ought not to be less secured than that of individuals, nor ought he that connives at robbery to be treated with more lenity than the robber.
MR. TIERNEY opposed the motion, and said, "it would be great injustice to render a few individuals the victims of a system which did not commence with them." MR. WHITBREAD manfully supported the motion, and said, "if such a case as this were overlooked, the House might as well, in his opinion, expunge its Journals, burn its Statutes, and blot out the Constitution."
In all extensive governments, where the execution of the laws is feeble, this power naturally falls into the hands of the principal nobility; and the degree of it which prevails cannot be determined so much by the public statutes, as by small incidents in history, by particular customs, and sometimes by the reason and nature of things.
When on December 6 it came again before the House for reconsideration it was ordered to a third reading by 112 to 104 but the next day was defeated by 124 to 100. A bill to substitute the word "person" for "male" in the statutes came before the House October 24, was ordered to third reading by 149 to 24 and passed the following day by 130 to 25.
But if ye turn away, and forsake my statutes and my commandments, which I have set before you, and shall go and serve other gods, and worship them; Then will I pluck them up by the roots out of my land which I have given them; and this house, which I have sanctified for my name, will I cast out of my sight, and will make it to be a proverb and a byword among all nations.
A more effectual bar was in the reason on which the statutes rested, namely, that no man should be put in a situation to be a judge in his own cause. The President made a vain effort to secure legislation for the removal of the bar. Next, Judge Hilton, then Mr. Stewart's attorney, submitted a deed of trust by which Mr. Stewart relinquished his interest in the business during his term of office.
His father, Sir Anthony, had been a Jacobite, and had displayed all the enthusiasm of that party, while it could be served with words only. No man squeezed the orange with more significant gesture; no one could more dexterously intimate a dangerous health without coming under the penal statutes; and, above all, none drank success to the cause more deeply and devoutly.
Heidelberg enthroned in the ancient capital of the Wenzels, Maximilians, and Rudolphs, the Catechism and Confession enrolled among the great statutes of the land, this was progress far beyond flimsy Majesty-Letters and Compromises, made only to be torn to pieces.
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