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It was added that the right to nullify a law rested on the same principle, but that it was a peaceable remedy. This character which was given to it made you receive with too much confidence the assertions that were made of the unconstitutionally of the law and its oppressive effects.
He considered that the House of Assembly had unconstitutionally disfranchised a large portion of His Majesty's subjects, and rendered ineligible, by an authority they did not possess, another, and not inconsiderable class of the community. By every tie of duty, he was bound to oppose such an assumption.
If they were, then a legislative act, taking from the master that "property" which is the identical "liberty" previously taken from the slave, would be "due process of law" also, and of course a constitutional act; but if the legislative acts "depriving" them of "liberty" were not "due process of law," then the slaves were deprived of liberty unconstitutionally, and these acts are void.
The next objection made by the honourable Member for Finsbury is that we have acted unconstitutionally, and have encroached on the functions of Parliament. The Committee of Council he seems to consider as an unlawful assembly. He calls it sometimes a self-elected body and sometimes a self-appointed body. Sir, these are words without meaning.
The first attempt made by his friends to indorse the conduct of the Government was met by a stern rebuke from the House of Representatives, which passed an amendment proposed by George Ashmun that "the war had been unnecessarily and unconstitutionally commenced by the President."
The larger half of the population will no longer be unconstitutionally juggled, under cover of law, out of their right to take their secret ailments to a skilled physician of their own sex, and compelled to go, blushing, writhing, and, after all, concealing and fibbing, to a male physician; the picked few no longer robbed of their right to science, reputation, and Bread.
Upon this assumption, a protest was made against the Alien acts, which united unconstitutionally the legislative and judicial powers to those of the Executive; also against the Sedition law, which imposed a punishment expressly forbidden by one of the amendments to the Constitution.
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