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Updated: June 14, 2025
Tacite Approbation Of The Soveraign, Extenuates Those facts which the Law expresly condemneth, but the Law-maker by other manifest signes of his will tacitly approveth, are lesse Crimes, than the same facts, condemned both by the Law, and Lawmaker.
Society exists only to protect these rights, and the reason of its existence lies in this duty to defend them. The sovereign therefore is not the saviour of the nation, he is its law-maker and magistrate. If he violates the rights of man, he acts so directly contrary to his mission and his mandate that insurrection against him is legitimate.
And, indeed, if it tried to contemplate in you the conqueror of so many kings, the law-maker of so many peoples, the controller of so many events, the arbiter of so many destinies, how could it dare to approach Your Majesty, and in what language could it address you? Should it speak to you of triumphs? But can any one but a Caesar himself speak of what Caesar has done?
For here, likewise, we have clearly seen that the inference from the ubiquitous operation of General Laws to the existence of an omniscient Law-maker is quite as illegitimate as is the inference from apparent Design to the existence of a Supreme Designer.
In later years Daniel Boon himself served as a Kentucky burgess in the Virginia Legislature; a very different body from the little Transylvanian parliament in which he began his career as a law-maker.
"But, sir, Effie that is, my poor sister, sir canna be proved to be a murderer; and if she be not, and the law take her life notwithstanding, wha is it that is the murderer then?" "I am no lawyer," said the Duke; "and I own I think the statute a very severe one." "You are a law-maker, sir, with your leave; and, therefore, ye have power over the law," answered Jeanie.
And lastly, whether it be possible that whilst a man thus openly bids defiance to this innate law and supreme Lawgiver, all the bystanders, yea, even the governors and rulers of the people, full of the same sense both of the law and Law-maker, should silently connive, without testifying their dislike or laying the least blame on it?
This may not indeed be regarded in the light of legislation pertaining jointly to the burgesses and the senate, somewhat in the same way as to the two chambers in the constitutional state of the present day; the senate was not so much law-maker as law-guardian, and could only cancel a decree when the community seemed to have exceeded its competence to have violated by its decree existing obligations towards the gods or towards foreign states or organic institutions of the community.
They and their like were doomed, and, with them, the distinguished bearing, the high-bred reserve, the refined simplicity and dignity of manner which had held them above the common herd, a class apart, until she came, were also doomed, "I am of the day," she said to herself; "the vulgar outcome of a vulgar era, bred so, I suppose, that I may see through others, which is to me the means of self-defence, I see that in this dispute of 'womanly or unwomanly, the question to be asked is, not 'What is the pursuit? but 'What are the proceeds? No social law-maker ever said 'Catch me letting a woman into anything that pays! It was left for me to translate the principle into the vernacular."
And now once more was the versatile plainsman called upon to enact a new role. Returning from a long scout in the fall of 1872, he found that his friends had made him a candidate for the Nebraska legislature from the twenty-sixth district. He had never thought seriously of politics, and had a well-defined doubt of his fitness as a law-maker.
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