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The Court has a double function legislative and executive. In the former capacity it enacts by-laws for the better government of the Corporation, in conformity with immemorial usage confirmed by 15 Edward III., and again more recently and fully by the Municipal Corporations Act.
Not that it creates this boundary; but, that this may be recognized, it draws the line and therefore enacts civil laws which it applies through its courts and gendarmes in such a way as to secure to each individual what belongs to him.
The answer of Whittaker is the answer Wilson makes to women every time the Government, of which he is the head, enacts a law and at the same time continues to refuse to pass the Susan B. Anthony amendment . . . . We seem to-day to stand before you free, but I have no sense of freedom because I have left comrades at Occoquan and because other comrades may at any moment join them there . . . .
I have seen him on the firing-line, and I know that his strong devotion to the interests of the wild life of his state, his determination to protect it at all costs, and his resistless confidence in asking for what is right, have made him a power for good. The state legislature believes in him, and enacts the laws that he says are right and necessary.
Now, of course, a corporation is a person in the meaning of the law, and therefore we can carry the matter to the United States Supreme Court, but I want to tell you that if the next legislature enacts law permitting water districts, and the state authorities proceed to condemn your plants, you may as well get ready to step out from under.
While the colored people are thus elbowed out of employment; while the enmity of emigrants is being excited against us; while state after state enacts laws against us; while we are hunted down, like wild game, and oppressed with a general feeling of insecurity the American colonization society that old offender against the best interests and slanderer of the colored people awakens to new life, and vigorously presses its scheme upon the consideration of the people and the government.
Rep. Plato in the Laws enacts that he who speaks against the gods shall be first fined, then imprisoned, and at last, if he persists in his impiety, put to death; yet he had as little belief in the national religion as Carlyle. They both accept Destiny, the Parcae or the Norns spin the threads of life, and yet both admit a sphere of human choice.
The Gregorian Code enacts, that in cases of sedition or treason, the trial may take place by a commission nominated by the Pope's Secretary; that the trial shall be secret; that the prisoner shall not be confronted with the witnesses, or know their names; that he may be examined in prison and by torture.
Now between these two natures there is, for there must be, a mediating term, a power by which man enacts reason, and causes doing to accord with seeing. This is will, and it must, from its very nature, be free; for to say that it is a mere representative of the major force in desire is simply to say that it does not exist.
He valued public opinion, for he said: "With public sentiment nothing can fail; without public sentiment nothing can succeed. Consequently he who moulds public sentiment goes deeper than he who enacts statutes or pronounces decisions."
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