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Updated: June 7, 2025
"Persons so subject and so employed have always understood that after being received into the Military service of the United States, in any capacity, they could never be reclaimed by their former holders. Except upon such understanding on their part, the order of the President, as to this class of Persons, would be inoperative.
What I claim is that there must be a means of defeating such a conspiracy to make the law inoperative as that practised to the grave detriment of Irish tenants' interests by the omnipresent agencies of the National League, ever since the Unionist party set itself to solve the agrarian sources of Irish discontent. Birmingham, August 14th. No. 61. Those who play at bowls must expect rubbers.
With these perplexities before him, he could find nothing better than the following plan of action, which had been in his mind for some time. While the edict remained inoperative, he would do nothing at all, and let Agellius go on with his country occupations, which would keep him out of the way.
I respond: This reformation is pledged before heaven and earth, and under covenants the most solemn and binding into which men can enter, to guarantee freedom of thought and speech to our brotherhood-i not indeed on subjects purely abstract, speculative and inoperative, but on Bible questions questions which involve the well-being of humanity.
Previous to that time, many Christian slaveholders were educating their slaves. These laws are inoperative in many places in the South; and it affords me pleasure here to record the fact, that most of the slaves in Knoxville, Tennessee, the city in which I last resided while a citizen of the South, are able to read, and many of them can write.
Many earlier ideals of the constitution-makers had long since been conveniently obscured or nullified by decisions, appeals to the federal government, appeals to the state government, communal contracts, and the like fine cobwebby figments, all, but sufficient, just the same, to render inoperative the original intention.
Laws are no doubt in a great degree inoperative when they do not spring from and represent the opinion of the nation, but they have in their turn a great power of consolidating, deepening, and directing opinion. When some important progress has been attained, and with the support of public opinion has been embodied in a law, that law will do much to prevent the natural reflux of the wave.
If there are any enterprises which are particularly likely to break up the enemy's alliances or make them inoperative, to gain new alliances for ourselves, to raise political powers in our own favour, &c. &c., then it is easy to conceive how much these may increase the probability of success, and become a shorter way towards our object than the routing of the enemy's forces.
But, during all this time, in every part of the country, reports were industriously circulated that the law was inoperative for good, and that liquors were sold in Maine as freely and in as large quantities as before the law. These false statements were industriously and persistently made everywhere by those interested in the liquor trade, and by those impelled by appetite or passion.
* See Livingston vs. Van Ingen, 9 Johnson, 807 ; also Kent's "Commentaries", I, 432-38. Marshall pronounced the Fulton-Livingston monopoly inoperative so far as it concerned vessels enrolled under the Act of Congress to engage in the coasting trade; but in arriving at this very simple result his opinion takes the broadest possible range.
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