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Updated: June 20, 2025
But the bill proposes enactments entirely distinct and different from one another in character and tendency. Some of its clauses are intended merely for revenue; and of those which regard the protection of home manufactures, one part stands upon very different grounds from those of other parts.
The report of the Commission says: "Although the new Ordinance conferred such extensive and unusual powers on the Registrar General and Superintendent of Police as to breaking into and entering houses and arresting keepers without warrant, no serious difficulty whatever, so far as the records show, and we have paid special attention to the point, seems to have been experienced under the previous enactments in bringing the keepers of such houses before the court.... Nor can we in the second place find among the foregoing records proof of the necessity of the transfer to the Registrar General of the judicial powers.... As a matter of fact, witnesses do not seem to have been at all squeamish in divulging repulsive details in open Court, nor, on the other hand, do the magistrates ever seem to have shown too exacting a disposition as to the nature or amount of the evidence they required to sustain convictions; and the astonishing system of detection which had grown up had met, so far as we can see, with neither discouragement nor remonstrance."
The only ground on which this departure from the solemn adjustment of a great and agitating question seems to have been regarded as expedient is the alleged necessity of establishing by legislative enactments rules and regulations for assessing the duties to be levied on imports after the 30th June according to the home valuation, and yet the bill expressly provides that "if before the 1st of August there be no further legislation upon the subject, the laws for laying and collecting duties shall be the same as though this act had not been passed."
The duty of the Legislature to define, by clear and positive enactments, the nature and extent of the action which it belongs to the Executive to superintend springs out of a policy analogous to that which enjoins upon all branches of the Federal Government an abstinence from the exercise of powers not clearly granted.
The mayor, when he appoints them, usually does so subject to the approval, of the city council or of one branch of it. The mayor is usually not a member of the city council, but can veto its enactments, which however can be passed over his veto by a two thirds majority.
The chief enactments were that no person should be convicted of high treason committed more than three years before the indictment was found; that every person indicted for high treason should be allowed to avail himself of the assistance of counsel, and should be furnished, ten days before the trial, with a copy of the indictment, and with a list of the freeholders from among whom the jury was to be taken; that his witnesses should be sworn, and that they should be cited by the same process by which the attendance of the witnesses against him was secured.
This took in the first place the form of enactments for the local collection of voluntary contributions to relief-funds; and culminated in the Acts of the last five years of the reign, substituting compulsory for voluntary contribution, and establishing that Poor-law system which remained substantially unchanged until its reformation in the nineteenth century.
These oppressive enactments were the produce of the Norman Conquest, for the Saxon laws of the chase were mild and humane; while those of William, enthusiastically attached to the exercise and its rights, were to the last degree tyrannical.
Some of them took situations with the other settlers, more fell victims to the climate of the island and their own imprudences and distresses; and a thousand of them had died within two years. Ovando had revived the enthusiasm for mining by two enactments.
The chief of these items may be grouped under headings: Simplification of Church Service, and Suppression of unpopular Rites and Symbols. This process, which had been going on naturally from the beginning of the Parliament, and more violently and riotously in some places since the beginning of the war, had been accelerated by recent Parliamentary enactments.
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