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Updated: May 26, 2025
France proceeds by bursts of eloquence, of cannonading, or of law-making; she thinks that so she can change the nature of things; and she produces only phrases and ruins. She has never understood the first line of Montesquieu: "Laws are necessary relations, derived from the nature of things."
The business of making laws being, as experience shows, provocative of discussion, discussion of argument, and argument of controversy, there now arose a dozen or more parties in the Parliament, each with its own set of controversial opinions, and these the parties applied to the novel and interesting occupation of law-making.
Thousands of eyes will follow my steps, thousands of ears will listen for my every word, in order to interpret and attach a secret meaning to it! They will call me an empress, but I shall be a slave bound with golden fetters, upon whose head sits a golden crown of thorns. And this toil and weariness! These tiresome sittings of the ministers, this law-making and the signing of orders and commands!
When a lad he had been in England with his father, Lewis McLane, then American Minister to the Court of St. James, during the excitement over the Reform Bill of 1832. He had witnessed the popular demonstrations and had been impressed by the direct force of public opinion upon law-making and law-makers. An analogous situation had arrived in America.
The public the all-powerful omnipotent, overruling, law-making, law-breaking public has a passing caprice to possess itself of your beloved Point; and Ned Effingham must show unusual energy, or it will get it?" "Are you serious, cousin Jack?" "As serious as the magnitude of the subject can render a responsible being, as Mr. Dodge would say."
The Parliament or law-making branch of the English government, is divided into two houses, the House of Lords, and the House of Commons. The House of Lords is, as its name denotes, composed mainly of members of the noble families of England, who owe their seat in that body to the chance of birth. The House of Commons is composed of members elected by the people.
And the gentry held to their law-making power which gave them such a privilege with a tenacity which precipitated two wars before they yielded; but this was naught compared to the social convulsion which rent France, when a population which had been for centuries restrained from free domestic movement, burst its bonds and insisted on levelling the barriers which had immobilized it.
It is the more necessary to note these differences, because a student of Bentham would be apt to confound Fictions, Equity, and Statute law under the single head of legislation. They all, he would say, involve law-making; they differ only in respect of the machinery by which the new law is produced.
There were other classes prohibited from holding office, immoral men and sabbath breakers, for instance, and clergymen, doctors, and lawyers. The exclusion of lawyers from law-making bodies was one of the darling plans of the ordinary sincere rural demagogue of the day.
True, not as a whole, and at a stroke, nor all in one place; but in its parts, by piecemeal, at divers times and places; thus showing that the abolition of slavery is within the boundary of legislation. The Constitution of Mississippi, Arkansas, and other States, restrict the power of the legislature in this respect. Why this express prohibition, if the law-making power cannot abolish slavery?
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