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Updated: June 2, 2025
The value, by the way, of Increase Mather's averment, that "more than that which is called Spectre Evidence" was adduced against the persons convicted, is somewhat impaired by the admission of Cotton Mather, just before quoted, that "divers were condemned," against whom it was the "chief evidence."
Finally, as the most important averment of all, the President was charged with an "attempt to prevent the execution of the act entitled 'An Act Regulating the Tenure of Certain Civil Offices, passed March 2, 1867, by unlawfully devising and contriving and attempting to contrive means by which he could prevent Edwin M. Stanton from forthwith resuming the function of the office of the Secretary for the Department of War, notwithstanding the refusal of the Senate to concur in the suspension theretofore made by said Andrew Johnson of the said Edwin M. Stanton from said office of Secretary for the Department of War."
And we have only to connect the doctrine of "conditional incidence" with this averment, to account for all the vital phenomena which so profoundly puzzle these gentlemen while prying into the mysteries of the ephemeromorphic world.
The war I have shown to be a French war, not arising from anything done, or omitted to be done, at Verona. But to finish the sentence: 'as well as against the subsequent pretension of the French Government, that nations cannot lawfully enjoy any civil privileges but from the spontaneous grant of their kings. I must here again take the liberty to say that the averment is not correct.
This is the celebrated averment of created equality, and unalienable right to life, liberty, and pursuit of happiness, with the necessary consequences. I have fairly expanded its meaning. It is the old infidel averment. It is not true in any one of its assertions. All Men not created equal. It is not a truth, self-evident, that all men are created equal.
I looked incredulous, and almost hinted at insanity; but the young nobleman still persevered in his averment. The lady was removed from her native home, and lodged in a remote quarter of the town of Liverpool.
In support of this extraordinary averment, he produced, or professed himself ready to produce, evidence to show that Forrester's child, instead of being burned to death as was believed, had actually been trepanned and carried away by persons to him unknown, the burning of the house of her foster-mother having been devised and executed merely to give colour to the story of her death.
But that she didn't mean to do any one harm. As to the latter averment, it can be believed or not as suits every one's fancy. All concerned in this affair felt that they had received a lesson they would not soon forget. And we doubt not, that some of our readers might lay it to heart with great advantage to themselves and benefit to others.
Neither in itself nor in its preamble was there an averment, or even an assumption of its necessity, as a rule of guidance. It was a mere abstract opinion, utterly irrespective of the object or conduct of the Association, and only applicable as a test of certain speculative theories.
Many have noticed the confusion of thought implied in speaking of such cases as presenting mixed questions of law and fact. No doubt, as has been said above, the averment that the defendant has been guilty of negligence is a complex one: first, that he has done or omitted certain things; second, that his alleged conduct does not come up to the legal standard.
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