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That was a Government of measures and of men; but no measure of that Government could equal in importance the Old-Age Pensions Act which we have placed on the Statute-book. The settlement of the Irish Church question by Disestablishment was not a more baffling and intricate business, than the settlement of the Irish University question which Mr. Birrell has achieved.
He called the judges Nogod, Lovestrife, Hearsay, Partial, Loveself, Lovegold, Takegift, Ignorant, Knowlittle, Hasty and Slovenly; he called the witnesses Calumny, Lie and Suspicion; and, in obvious allusion to Ferdinand's seizure of property, he named the statute-book "The Rapacious Defraudment of the Land."
He did enforce the law without fear or favor. He did leave upon the statute-book and in the machinery of government new means and methods for the control of business and for the protection of the general welfare against predatory wealth.
In Picart's Religious Ceremonies, it is stated that the number of dissenters of all sects, who perished in prison under Charles II., was EIGHT THOUSAND. On the accession of William III., these penalties and disabilities were removed by the Toleration act. The Corporation and Test acts, however, disgraced the statute-book of England till the year 1828, when they were triumphantly repealed.
Discipline in the services, in poorhouses, and in schools was of the most brutal type. Our prisons were unreformed. Our penal code was inconceivably sanguinary and savage. In 1770 there were one hundred and sixty capital offences on the Statute-book, and by the beginning of the nineteenth century the number had greatly increased.
Before quitting this incidental topic of legal proceedings, let us add a word upon the substantial improvements effected in the administration of justice during the late session, and of which the last volume of the statute-book affords abundant evidence, principally under the heads of bankruptcy, insolvency, and lunacy.
The territorial governments were too busy in completing their own organization, to give much attention to details: where states had been formed, the statute-book was yet a blank: few officers had been appointed, and even these were strangers to their duties and charge of responsibility.
The same course of specification which has been illustrated from the statute-book ought also to be taking place in the growth of judicial decisions. That this should happen is in accordance with the past history of the law. It has been suggested already that in the days of the assize and jurata the court decided whether the facts constituted a ground of liability in all ordinary cases.
Such an Act would be more acceptable to him than any personal tribute, " unless it might be these other words, which followed from the same lips: "How his enfranchised Soul would be elevated even in those Abodes to which he has been removed, to know that his voice was still heard on Earth encouraging, exhorting, insisting that there should be no hesitation anywhere in striking at Slavery; that this unpardonable wrong, from which alone the Rebellion draws its wicked life, must be blasted by Presidential proclamation, blasted by Act of Congress, blasted by Constitutional prohibition, blasted in every possible way, by every available agency, and at every occurring opportunity, so that no trace of the outrage may continue in the institutions of the Land, and especially that its accursed foot-prints may no longer defile the National Statute-book.
The commissioners of customs might have enforced the Navigation Acts indefinitely; the objectionable Tea Act might have stood permanently on the statute-book; but, without a more tangible grievance, it is not easy to conceive of the colonists actually beginning a revolution.
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