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Updated: May 24, 2025
Though our senators and representatives had an honest aversion to any proscriptive legislation against loyal women, in view of their varied and self-sacrificing work during the War, yet the only way they could open the constitutional door just wide enough to let the black man pass in was to introduce the word "male" into the national Constitution.
How came they neither to have the choice of kings, or lords, or judges, or generals, or admirals, or bishops, or priests, or ministers, or justices of peace? Why, what have you to answer in favour of the prior rights of the Crown and peerage but this our Constitution is a proscriptive Constitution; it is a Constitution whose sole authority is, that it has existed time out of mind.
He admitted, moreover, on the other hand, that people frequently acquired in party confederacies a narrow, bigoted, and proscriptive spirit. "But where duty renders a critical situation a necessary one, it is our business to keep free from the evils attendant upon it, and not to fly from the situation itself.
Proscriptive legislation has been advocated by both the detractors and the defenders of the half-breed, as a means of preventing what both schools, for their different reasons, regard as wrong and undesirable, but I cannot agree that it can ever be right or expedient to penalise and make criminal a natural act which under existing conditions is in many places unavoidable.
Although in English jurisprudence there is no law ordaining the proscription, on the ground of race or colour, of any eligible candidate for social or political advancement, yet is it notorious that the ethics and practices of the "Anglo-West Indians" who, our author has dared to say, represent the higher type of Englishmen have, throughout successive generations, effectually and of course detrimentally operated, as though by a positive Medo-Persian edict, in a proscriptive sense.
The few who could center in themselves, by grace of Government, the banking and manipulation of the people's money and the restricting or inflating of money issues, were immediately vested with an extraordinary power. It was a sovereign power at once coercive and proscriptive, and a mighty instrument for transferring the produce of the many to a small and exclusive coterie.
Both the spirit which pursues them, and the positive measures which emanate from that spirit, are harsh and proscriptive beyond all precedent within my knowledge, except in periods of professed revolution. It is not, Sir, one would think, for those who approve these proceedings to complain of the power of majorities. Mr.
He was genial in temperament; public-spirited and generous in his aims; a most skilful tactician, and not over-scrupulous. He joined the Know-nothings, with no sympathy for their proscriptive creed, but in the break-up of parties using them for the anti-slavery cause, and to secure his own election to the United States Senate.
The Texas constitution alone contained no proscriptive clauses beyond those required by the Fourteenth Amendment. The most thoroughgoing proscription of Confederates was found in the constitutions of Mississippi, Alabama, and Virginia; and in these states the voter must also purge himself of guilt by agreeing to accept the "civil and political equality of all men" or by supporting reconstruction.
Our Constitution is not made for great, general, and proscriptive exclusions; sooner or later it will destroy them, or they will destroy the Constitution. In our Constitution there has always been a difference between a franchise and an office, and between the capacity for the one and for the other.
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