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Camm and a number of clergymen sued in county courts for back salary. They received little satisfaction. Several county courts went so far as to declare the Two-Penny Act legal despite the king's disallowance. Hanover County Court took a different tack. There the Rev.
In these various instances of what may be called dry-rot or local blight on the civilised world's culture the decline appears to be due not to a positive infection of a malignant sort, so much as to a failure of the active cultural ferment, which has fallen below the critical point of efficacy; perhaps through an unintended refusal of a livelihood to persons given over to cultivating the elements of civilisation; perhaps through the conventional disallowance of the pursuit of any other ends than competitive gain and competitive spending.
At the moment that the question of taxation was thus revived, the New York Assembly became involved in a dispute with the home government by declining to furnish the necessary supplies for the troops. An Act of Parliament was therefore passed declaring the action of the New York legislature null, a startling assertion of a power of disallowance by Parliament.
In the month of July the General visited Savannah, to attend to affairs there, and to hold a conference with a Committee of the General Assembly of South Carolina respecting the Indian trade, which they charged him with aiming to monopolize, to the disallowance of their traders.
Thirdly, Mr Hussey, ibid., p. 4, 5, saith, That the Parliament may require such as they receive for preachers of truth, “to send out able men to supply the places, and that without any regard to the allowance or disallowance of the people,” where, in the first part of that which he saith, there is either a heterodoxy or a contradiction.
Herries in favour of the disallowance of the act was defeated by a majority of 141. This action of the imperial authorities had the effect of strengthening the public sentiment in Canada in support of Lord Elgin and his advisers.
In those days of slow communication the news of the disallowance reached him tardily. By a side wind, from an American newspaper, he first learned the fact on the twenty-fifth of September. He at once sent in his resignation, told the people of Canada the reason why in a proclamation, and as soon as possible left the country for ever. Brougham was burned in effigy at Quebec.
In municipal matters the county and township council often have concurrent jurisdiction. In the famous contests for provincial rights which he was afterwards to wage before the courts, and always successfully, Mowat was not necessarily forgetful that he himself moved for the power of disallowance over provincial laws to be given to the federal authority.
It was at this stage of affairs that the court of Hanover County reached the case of the Rev. James Maury, rector of Fredericksville parish, Louisa; and the court, having before it the evidence of the royal disallowance of the Act of 1758, squarely "adjudged the act to be no law." Of course, under this decision, but one result seemed possible.
While Sir John had no love for Mercier or his Government, and while he thought the preamble of the Jesuits' Estates Act, with its ostentatious references to the Pope, highly objectionable, he had no doubt that the Act was wholly within the competence of the Quebec legislature and was not a subject for disallowance. Obviously Quebec could do what it liked with its own money.
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