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The accomplices also in Rizzio's murder applied to her for a pardon; but she artfully delayed compliance, and persuaded them, that so long as she was detained in custody, and was surrounded by guards, any deed which she should sign would have no validity.
It is in the right against a materialism which still lacks insight into the essential distinction between mind and matter, thought and extension, consciousness and motion; it loses its validity when, with a full consideration and conservation of the distinction between these two spheres, we succeed in bridging over the gulf between them, whether this is accomplished through a philosophy of identity, like that of Spinoza and Schelling, or by an idealism, like that of Leibnitz or Fichte.
And in the fictitious picture of life the effect of validity is all in all and there can be no appeal to an external authority; and so there is an inherent weakness in it if the mind that knows the story and the eye that sees it remain unaccountable.
Then came the "sugar bill," imposing enormous duties on various articles of merchandise from the West Indies, and greatly crippling Colonial commerce: then the infamous Stamp Act, by which every legal instrument, in order to validity, must have the seal of the British Government deeds, diplomas, &c., costing from thirty-six cents to ten dollars apiece: then the duty on tea; and, finally, the quartering of soldiers on our citizens in time of peace, for the express purpose of subjugating our industry and energy to the selfish purposes of the crown.
The repeal of this Act was voted by a strict party majority and was reinforced by a provision postponing the next session of the Supreme Court until the following February. The Republican leaders evidently hoped that by that time all disposition to test the validity of the Repealing Act in the Court would have passed.
We cannot on this ground alone pronounce it to have been illegal; for an act never attempted before may have perfect legal validity, as the first occasion on which a legitimate deduction has been made from admitted principles of the constitution.
The arrangements of society by which the laud is partitioned among a limited class, and the complicated rights sanctioned by law in one plot of land, are considered of no validity as against the natural right of the new-born baby.
Similarly it may be that the success of the mechanical interpretation in regard to isolated processes may make its validity for many other allied processes certain, even though there is no precise proof of this.
Justice Washington laid down this limitation upon it: "It is but a decent respect due to the wisdom, the integrity and the patriotism of the legislative body, by which any law is passed, to presume in favor of its validity until its violation of the Constitution is proved beyond all reasonable doubt."
And, indeed, New York may have granted Fulton and Livingston their monopoly in exercise of this power, in which case its validity would depend upon its not conflicting with an Act of Congress regulating commerce.
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