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Updated: May 23, 2025
To H. S. Maine, Esq. Camp, Hodul: February 25, 1863. While I entirely concur in the opinion that the onus probandi rests, and rests heavily too, on the proposers of exceptional or particular legislation, an assumption runs through 's letter to you which I am by no means prepared to admit.
Another proposal which likewise came to nothing, is noteworthy because of the men who made it, and because of its peculiar nature. The proposers were all Kentuckians. Among them were Wilkinson, one Benjamin Sebastian, whom the Spaniards pensioned in the same manner they did Wilkinson, John Brown, the Kentucky delegate in Congress, and Harry Innes, the Attorney-General of Kentucky.
Position, pay, and the chance to exploit the revenues as this was done in England, were the temptations which brought many to the side of the king, and which made men unite to urge upon him the acts which he desired for less selfish reasons. Urged by principle, then, or excited by self-interest, the proposers of new measures were strong.
Among these formal proposers was a Scottish earl, whose pretensions were broke off by some difference about settlements; and the son of an English baron, with whom my father was in treaty, when he carried me to town, on a visit to a young lady with whom I had been intimate from my infancy.
And the suffrage being very suddenly returned to the tribunes at the table, and numbered in the view of the proposers, the votes were all in the affirmative, whereupon the red or doubtful boxes were laid aside, it appearing that the tribe, whether for the negative or affirmative, Was clear in the matter.
The like was done for every clause, till the ballot was finished, and the tribunes assembling, had signed the points, that is to say, the number of every suffrage, as it was taken by the secretary upon the tale of the tribunes, and in the sight of the proposers; for this may not be omitted: it is the pulse of the people.
That is the lesson the war has burned in on the brain and conscience of the Nation. "To include with this, 'Nationality, education, creed, etc., is utter lack of common sense. Such a total forgetfulness of the commonest political prudence as makes it hard to credit the good intentions of the proposers.
It is resolved that a dictator be appointed: Marcus Furius Camillus is appointed, who nominates Lucius Æmilius his master of the horse. To meet so powerful a measure of their opponents, the proposers of the laws also set forth the people's cause with great determination of mind, and having convened an assembly of the people, they summon the tribes to vote.
Q. Considius and T. Genucius, the proposers of the agrarian law, appoint a day of trial for T. Menenius: the loss of the fort of Cremera, whilst the consul had his standing camp at no great distance from thence, was the charge against him.
If the major vote be in the non-sincere, the proposer shall desist, and the Senate shall resume the debate. If the major vote be in the negative, the proposers shall desist, and the Senate, too. And that which is proposed by the authority of the Senate, and confirmed by the command of the people, is the law of Oceana.
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