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Updated: June 21, 2025
Why this express prohibition, if the law-making power cannot abolish slavery? A stately farce, indeed, formally to construct a special clause, and with appropriate rites induct it into the Constitution, for the express purpose of restricting a nonentity! to take from the lawmaking power what it never had, and what cannot pertain to it!
On one occasion the State chairman, who was always accustomed to be in Albany during the closing day of the legislature, to prevent in the haste and confusion, characteristic of legislation at this time, the passage of bad or unpopular measures, bade the governor good-by at midnight, as the legislature was to adjourn the following day with the understanding that lawmaking was practically over.
Woman would also have social freedom: the right to come and go alone the privilege of walking upon the street without the company of a man the right to study and observe. Next, woman would have political freedom: the right to record her choice in matters of lawmaking.
This was thirteen years before the action of the State of Pennsylvania, which initiated the lawmaking for emancipation among the northern colonies. It was "twenty years before Wilberforce took the first step in England against the slave-trade."
We stand aloof from the reckless agitators who would make the judges mere pliant tools of popular prejudice and passion; and we stand aloof from those equally unwise partisans of reaction and privilege who deny the proposition that, inasmuch as judges are chosen to serve the interests of the whole people, they should strive to find out what those interests are, and, so far as they conscientiously can, should strive to give effect to popular conviction when deliberately and duly expressed by the lawmaking body.
If many of the abuses aimed at were too deeply rooted to be overthrown by mere legislation, the attempt speaks well for the character and intelligence of Pope and council. All mediaeval lawmaking, civil and ecclesiastical alike, was but the promulgation of an ideal, rather than the issuing of precepts meant to be literally executed.
And I may as well tell the end of Havelok's lawmaking. Berthun went down to the market next day, and came back with a wonder to be told. And it was to Havelok that he went first to tell it, as he was drawing bucket after bucket of water from the deep old Roman well in the courtyard to fill the great tub which he considered a fair load to carry at once.
And so those who have the lawmaking itch set about saving humanity from itself by making inhuman laws, which the clever and the criminal evade or break through, leaving the gentle and the timid in the net. For there was never no divorce. No amount of law has ever availed to keep those together who had the courage or the cruelty to break the bonds.
Farm tenancy has been abolished, the great plantations have been expropriated and made cooperative, the Homestead Act of 1862 has been applied in the South and every citizen is entitled to claim a quartersection. There is a great deal of laughter at this childish lawmaking, but it goes on, changing the face of the region, the lawmakers themselves not at all averse to the joke."
They were willing to sacrifice a general lawmaking power and grudgingly to permit the nation to have executive and judicial authority, but they retained the management of local affairs, including the raising and expenditure of direct taxes.
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