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Hence this outburst of Wilberforce in the House of Commons on the 16th July 1813, when he used the name of Carey to defeat an attempt of the Company to prevent toleration by omitting the declaratory clauses of the Resolution, which would have made it imply that the privilege should never be exerted though the power of licensing missionaries was nominally conceded.
If enactory, then why did the House of Lords give judgment against those who allowed weight to the 'call? That might need altering; that might be highly inexpedient; but if it required a new law to make it illegal, how could those, parties be held in the wrong previously to the new act of legislation? On the other hand, if declaratory, then show us any old law which made the 'call' illegal.
At the same time a Declaratory Act was passed, asserting that Parliament had full power to bind the colonies "in all cases whatsoever." Thus the Americans had their way in part, while submitting to seeing their arguments rejected. The consequences of this unfortunate affair were to bring into sharp contrast the British and the American views of the status of the colonies.
As the result of the long debate, at the end of March, 1766, the Stamp Act was repealed, and a Declaratory Act was passed in which Parliament said in effect that it had a right to make such laws for the Americans if it chose to do so. The people of London, as well as the Americans, hailed with delight the repeal of the Stamp Act; but the real trouble had now only begun.
For until this time the declaratory law had lain dormant, and the framers of it had contented themselves with barely declaring an opinion. Therefore the whole question with America, in the opening of the dispute, was, Shall we be bound in all cases whatsoever by the British Parliament, or shall we not?
A concourse watched them through the apertures of the house; but none, not even Brother Michel, might partake; for the meal was sacramental, and either creative or declaratory of the new relationship.
This motion produced a warm altercation. The members of the majority complained loudly of the celerity with which it had been made, and resented the attempt to blend together four treaties in the same resolution, after the solemn vote entered upon their journals, declaratory of their right to exercise a free discretion over the subject, as an indignity to the opinions and feelings of the house.
"It is as well known to the Indian world as to the Court of English Proprietors, that the first declaratory instruments of the dissolution of my influence, in the year 1774, were Mr. John Bristow and Mr. Francis Fowke.
And the question whether an Irish Act is unconstitutional and therefore void will be decided by the Privy Council, which will be regarded as an essentially English body; hence if it attempts to veto an Irish Act, its action will be at once denounced as a revival of Poyning's Act and the Declaratory Act of George I.
That might need altering; that might be highly inexpedient; but if it required a new law to make it illegal, how could those parties be held in the wrong previously to the new act of legislation? On the other hand, if declaratory, then show us any old law which made the "call" illegal. The fact is that no man can decide whether the act established a new law, or merely expounded an old one.
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