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Updated: June 25, 2025
There was some discordancy between the clerical and lay doctors upon other points. The seigniors, lawyers, and deputies from the estates were all in favor of repealing the penalty of death for heretical offences of any kind. President Viglius, with all the bishops and doctors of divinity, including the prelates of St.
On the contrary, they sent him a letter, thanking him for his excellent speech in defence of their right of repealing all laws made in the colony; together with a copy of the articles of complaint brought against him, on purpose to give him an opportunity of vindicating himself; at the same time acquainting him, that it was their opinion and order, that he withdraw from the council-board whenever appeals from his judgments in the inferior courts shall be brought before the Governor and council as a court of chancery.
There is evidence of a desire to limit the power of the states in this direction even before the Constitutional Convention of 1787 assembled. The legislature of Pennsylvania in 1785 passed a bill repealing an act of 1782 which granted a charter to the Bank of North America.
Whereas by the said repealing act of the said Province of Nova Scotia, one of the dependencies of the United Kingdom of Great Britain and Ireland, the regulations at the time of the passage of the said act of Congress in force in the said Province on the subject of the trade in plaster of paris, prohibiting the exportation thereof to certain ports of the United States, have been and are discontinued: Now, therefore, I, James Monroe, President of the United States of America, do by this my proclamation declare that fact, and that the restrictions imposed by the said act of Congress do from the date hereof cease and are discontinued in relation to His Britannic Majesty's said Province of Nova Scotia.
Nevertheless, three years after, when Xerxes marched through Thessaly and Boeotia into the country of Attica, repealing the law, they decreed the return of the banished: chiefly fearing Aristides, lest, joining himself to the enemy, he should corrupt and bring over many of his fellow-citizens to the party of the barbarians; much mistaking the man, who, already before the decree, was exerting himself to excite and encourage the Greeks to the defense of their liberty.
"Between our omnipresent legislatures which spend our time and money repealing what we lawyers already know, and enacting laws for the courts to set aside, these are what might be called parlous times for the profession, but my long suit is not in understanding statutes, but people." Insensibly he had dropped his flippant tone, and was speaking, seriously, with conviction.
* See Benton's "Abridgment of the Debates of Congress," vol. II, pp. 665-68. Marshall expressed the opinion in private that the repealing act was "operative in depriving the judges of all power derived from the act repealed" but not their office, "which is a mere capacity, without new appointment, to receive and exercise any new judicial power which the legislature may confer."
But the subject which of all others employed the eloquence and abilities on both sides to the most vigorous exertion, was a motion made by Mr. Bromley, who proposed that a bill should be brought in for repealing the septenntal act, and for the more frequent meeting and calling of parliaments. The arguments for and against septennial parliaments have already been stated.
One was the "Act for establishing Liberty of Conscience," followed by the supplemental act that all persons should pay tithes only to the clergy of their own communion. An act abolishing writs of error and appeal into England, established the judicial independence of Ireland; but a still more necessary measure repealing Poyning's Law, was defeated through the personal hostility of the King.
In consequence of this remonstrance, a clause was added to the bill, repealing so much of the act of Henry VIII. as prohibited the conversion of coppice or under-woods into pasture or tillage; then it passed through both houses, and received the royal sanction.
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