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Updated: May 17, 2025
The existing administration, however, concurred in sentiment with Mr. Pitt, and the act was repealed; but its repeal was accompanied with a declaratory act, asserting the right of Great Britain to bind the colonies in all cases whatsoever. The intelligence of this event was received in America with general manifestations of joy.
The simplest and most correct notion of a Definition is, a proposition declaratory of the meaning of a word; namely, either the meaning which it bears in common acceptation, or that which the speaker or writer, for the particular purposes of his discourse, intends to annex to it.
It is not necessary here to follow Burke minutely through the successive stages of parliamentary action in the American war. He always defended the settlement of 1766; the Stamp Act was repealed, and the constitutional supremacy and sovereign authority of the mother country was preserved in a Declaratory Act.
The Democrats, seeing this, are now determined to disfranchise them. Can you Republicans so utterly stultify yourselves, can you so entirely work against yourselves, as to refuse us a declaratory law? We pray you to report immediately, as Mrs. Hooker has said, "favorably, if you can; adversely, if you must." We can wait no longer.
The Prætor of some particular year must have inserted a clause in his inaugural Proclamation declaratory of his intention to sustain all Testaments which should have been executed with such and such solemnities; and, the reform having been found advantageous, the article relating to it must have been again introduced by the Prætor's successor, and repeated by the next in office, till at length it formed a recognised portion of that body of jurisprudence which from these successive incorporations was styled the Perpetual or Continuous Edict.
They made the Declaratory Act; they repealed the Stamp Act. They did both FULLY; because the Declaratory Act was without QUALIFICATION; and the repeal of the Stamp Act TOTAL. This they did in the situation I have described.
Sumner submitted another long series declaratory of the duty of Congress in respect to loyal citizens in the rebel States. His first series had defined what the lately rebellious States must agree to by popular vote, and he now outlined quite fully what would be the duty of Congress respecting the admission of those States to representation in the Senate and the House.
Few questions seem to have excited stronger passions than the question, practically altogether unimportant, whether the bill should or should not be declaratory. Nottingham, always upright and honourable, but a bigot and a formalist, was on this subject singularly obstinate and unreasonable.
The Rockingham ministry, the most liberal which could then be assembled, even in repealing the Stamp Act thought it incumbent upon them to assert, in the Declaratory Act, the right to tax America. The succeeding ministry, called together under the failing Pitt, was the means of reasserting the right.
The embarkation being accomplished, and the foreign portion of the militia disarmed, so as to leave the city in the hands of the civil authorities on the 2nd of August, I issued a proclamation declaring the commerce of the coast free and uninterrupted; following this, shortly afterwards by another, declaratory of my willingness to accept from consignees and others, two-thirds of the estimated value of Portuguese property liable to confiscation in place of sending the captured vessels to Rio de Janeiro; which from the state of the city, as well as from want of seamen to man them was impossible.
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