"Declaratory" Quotes from Famous Books
 ... Mr. Davis, who had become Secretary of War under President Pierce, referred the question to the Attorney-General, Mr. Caleb Cushing; but before that officer rendered an opinion Congress inserted a declaratory provision in the military appropriation bill, which, becoming a law, gave the pay proper and all that went with it to a veteran who had by his services well earned it. General Scott was thenceforward until he died the second officer of the American army (General Washington ...
— General Scott • General Marcus J. Wright
... debate, declaring that it would be proper to impose certain stamp duties in the colonies and plantations, for the purpose of raising a revenue in America, payable into the British exchequer. This resolution was not carried into immediate effect, and was only declaratory of an intention to be executed the ...
— The Life of George Washington, Vol. 1 (of 5) • John Marshall
... and in a few moments they are engaged in an animated conversation, one commencing his reply before the other has finished his question, neither permitting the other to complete a sentence, whether interrogatory or declaratory; so that, during the greater part of their conversation,—which lasts till, thank goodness, the stranger has to get out, which he does at the next station, and disappears in the darkness,—I can only pick up a word or half a sentence ...
— Punch, Or The London Charivari, Vol. 101, August 29, 1891 • Various
... only dared alter the rule regulating the common life of his people after consulting those people; he would not have been obeyed if he had not, by a rude age which did not fear civil war as we fear it now. Many most important enactments of that period (and the fact is most characteristic) are declaratory acts. They do not profess to enjoin by inherent authority what the law shall in future be, but to state and mark what the law is; they are declarations of immemorial custom, not precepts of new duties. Even in the "Great ...
— The English Constitution • Walter Bagehot
... occupation, and against the jurists that the civil law can determine and apply a natural right, but cannot create it. In fact, it is not sufficient to say, "The right of property is demonstrated by the existence of property; the function of the civil law is purely declaratory." To say that, is to confess that there is no reply to those who question the legitimacy of the fact itself. Every right must be justifiable in itself, or by some antecedent right; property is no exception. For this reason, M. ...
— What is Property? - An Inquiry into the Principle of Right and of Government • P. J. Proudhon
... competence is certainly a question of law: on this the court ought undoubtedly to judge, and to judge solely and exclusively. If they judge wrong from excusable error, you ought to correct it, as to-day it is proposed, by an explanatory bill,—or if by corruption, by bill of penalties declaratory, and by punishment. What does a juror say to a judge, when he refuses his opinion upon a question of judicature? "You are so corrupt, that I should consider myself a partaker of your crime, were I to be guided by ...
— The Works of the Right Honourable Edmund Burke, Vol. VII. (of 12) • Edmund Burke
... a declaratory act fix upon a prior act a construction altogether at variance with its apparent meaning, and from the time, at least, when such a construction is fixed the original act will be construed to mean exactly what it is stated to mean by the declaratory statute. There will be, then, from the time ...
— A Compilation of the Messages and Papers of the Presidents - Section 2 (of 2) of Volume 6: Andrew Johnson • James D. Richardson
... vote in elections, as also in regard to the mode of ascertaining the qualifications of voters in respect to estate; and whereas, it is highly necessary to the safety, quiet good order and dignity of the State to clear up the said doubts by an act of the representatives of the people declaratory of the true sense and meaning of the Constitution, and to ensure its just execution in these particulars according to the intent of the framers ...
— History of Woman Suffrage, Volume I • Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage
... they held, was unconstitutional. I mentioned these three things as making up the points decided in that case. I mentioned them in a lump, taken in connection with the introduction of the Nebraska Bill, and the amendment of Chase, offered at the time, declaratory of the right of the people of the Territories to exclude slavery, which was voted down by the friends of the bill. I mentioned all these things together, as evidence tending to prove a combination and conspiracy to make the institution ...
— The Papers And Writings Of Abraham Lincoln, Complete - Constitutional Edition • Abraham Lincoln
... at once. At the same time another law should be passed declaring that Parliament had power to legislate for the colonies in all cases whatsoever. The Rockinghams at once did as Mr. Pitt suggested. The Stamp Act was repealed. The Declaratory Act was passed. In the colonies Pitt was praised as a deliverer. Statues of him were placed in the streets, pictures of him were hung in public halls. But, in reality, the passage of the Declaratory Act was the beginning of ...
— A Short History of the United States • Edward Channing
... innocency of their labours. Hence this outburst of Wilberforce in the House of Commons on the 16th July 1813, when he used the name of Carey to defeat an attempt of the Company to prevent toleration by omitting the declaratory clauses of the Resolution, which would have made it imply that the privilege should never be exerted though the power of licensing missionaries was ...
— The Life of William Carey • George Smith
... be expedient, not only that the orders which have been given to the Governor of Virginia, not to make any further grants beyond the line prescribed by the proclamation of 1763, should be continued and enforced, but that another proclamation should be issued, declaratory of his Majesty's resolution not to allow, for the present, any new settlements beyond that line, and to forbid all persons from taking up or settling any lands in that ...
— Report of the Lords Commissioners for Trade and Plantations on the Petition of the Honourable Thomas Walpole, Benjamin Franklin, John Sargent, and Samuel Wharton, Esquires, and their Associates • Great Britain Board of Trade
... conformity with the views of the Judge-Advocate-General, some declaratory legislation in reference to the military statute of limitations as applied ...
— Messages and Papers of Rutherford B. Hayes - A Compilation of the Messages and Papers of the Presidents • James D. Richardson
... the door to the whole flood of evils which the history of the Church declares have come with the Sacramentarian hypothesis. And we must take our stand, as I believe, upon the plain, intelligible thoughts—Baptism is a declaratory symbol, and nothing more; the Lord's Supper is a commemorative symbol, and nothing more; except that both are acts of obedience to the enjoining Lord. When we stand there we can face all priestly superstitions, and say, 'Jesus I know; and Paul I know; but who are ye?' 'The meek shall eat and be satisfied,' ...
— Expositions Of Holy Scripture - Volume I: St. Luke, Chaps. I to XII • Alexander Maclaren
... of purpose, and to indulge the same jealousies and fears. Such was the state of things in 1763, the period at which our story commences,—an epoch fruitful in designs of hostility and treachery on the part of the Indians, who, too crafty and too politic to manifest their feelings by overt acts declaratory of the hatred carefully instilled into their breasts, sought every opportunity to compass the destruction of the English, wherever they were most vulnerable to the effects of stratagem. Several inferior ...
— Wacousta: A Tale of the Pontiac Conspiracy (Complete) • John Richardson
... in the thoroughgoing reforms which the great Commoner proposed. When the Stamp Act was repealed, Pitt would have gone even further. He would have acknowledged the absolute injustice of taxation without representation. Burke held tenaciously to the opposing theory, and warmly supported the Declaratory Act, which "asserted the supreme authority of Parliament over the colonies, in all cases whatsoever." His support of the bill for the repeal of the Stamp Act, as well as his plea for reconciliation, ten years later, were not prompted by a firm ...
— Burke's Speech on Conciliation with America • Edmund Burke
... principle of law (jure) that what a man asserts under the invocation of God as His witness should be accepted as true. Now sometimes God is called to witness when we assert present or past events, and this is termed a "declaratory oath"; while sometimes God is called to witness in confirmation of something future, and this is termed a "promissory oath." But oaths are not employed in order to substantiate necessary matters, and such as come under the investigation of reason; for it would ...
— Summa Theologica, Part II-II (Secunda Secundae) • Thomas Aquinas
... petitions from British merchants praying for a repeal of the stamp tax. To enforce the act without bloodshed was impossible. In March, 1766, therefore, Parliament repealed the Stamp Act. [9] But at the same time it enacted another, known as the Declaratory Act, in which it declared that it had power to "legislate for the colonies in all ...
— A Brief History of the United States • John Bach McMaster
... of his own and the Company's grievances, and for the injury sustained by both in their mutual connection. Do not reply to me, that what I have written is from the suggestion of your enemies; nor imagine that I have induced myself to write in such plain and declaratory terms, without a clear insight into all the consequences of it, and ...
— The Works Of The Right Honourable Edmund Burke, Vol. IX. (of 12) • Edmund Burke
... constitutional lawyer will contend that the Parliament of the United Kingdom is legally bound by this Act. If Parliament were to impose an income tax on Jamaica to-morrow the impost would be legal, and could, no doubt, be enforced. But the Declaratory Act of 1778 makes it morally impossible for Parliament to tax any colony. That the impossibility does not arise from a law is clear, because it applies with as much strength to colonies which do not fall as to colonies which do fall within the terms of 18 Geo. III. c. 12. Victoria ...
— England's Case Against Home Rule • Albert Venn Dicey
... the advocates of nullification? It is true, we find nullification declared in the Kentucky resolutions to be a rightful remedy—but nullification by whom? by a single State? no—by those sovereignties the several States, in the mode prescribed by the Constitution, by a declaratory amendment annulling the power under which the law was passed. This would be a remedy in fact; for it would operate equally on all the States; but can the same act of Congress be constitutional in one State, and unconstitutional ...
— The Continental Monthly, Vol. 3 No 2, February 1863 - Devoted To Literature And National Policy • Various
... been to express the real design of those who enacted them, unless that design so clearly appears, notwithstanding an unfortunate choice of words, as to compel an interpretation against the letter but in obedience to the spirit of the enactment. A "declaratory statute"—one declaring what a previous statute meant—is therefore, if it gives it a meaning unwarranted by its terms when so interpreted, only effectual as respects future transactions. As to the past, the meaning is for the ...
— The American Judiciary • Simeon E. Baldwin, LLD
... race, through a Mediator, who makes an atonement for human iniquity, and stands representative before Almighty Justice, for those who in grateful accordance to the mysterious appointment consign themselves to this charge. There are the several doctrines declaratory of this new constitution through all its parts. There is the view of religion in its operative character, or the doctrine of the application of its truths and precepts by a divine agency to transform the mind and rectify the life. And this solemn array of all the sublimest ...
— An Essay on the Evils of Popular Ignorance • John Foster
... eighth act of the First Congress, embodying a long explanatory and declaratory preamble, was passed, and approved by President Washington. This act in effect re-enacted the Ordinance of 1787, adapting and applying it, however, to the Constitution by requiring the Governor of the Northwest Territory to report and become responsible to the President of the United ...
— Slavery and Four Years of War, Vol. 1-2 • Joseph Warren Keifer
... end of May. The bill for the queen's authority was carried also without objection. The forms of English law running only in the name of a king, it had been pretended that a queen could not be a lawful sovereign. A declaratory statute explained that the kingly prerogative was the same, whether vested in male or female.[301] Here, however, unanimity was at an end. The paragraph about the succession in the queen's speech being obviously ...
— The Reign of Mary Tudor • James Anthony Froude
... office as representing not the parliamentary majority but the King's personal views. The Parliament might discuss and accept or reject, but had not as yet acquired a practical initiative itself. At the same time that this law was passed, a declaratory Act abolished the theory which had grown up at an early stage of the conflict between the White and Red Roses, of regarding Ireland as a country where a rebel in England was a free man: a notion which had greatly facilitated the intrigues of both Lambert Simnel and Perkin ...
— England Under the Tudors • Arthur D. Innes
... particular excitement occurring for a considerable time, our countrymen seemed to fall into a state of insensibility to our situation; the duty on tea, not yet repealed, and the declaratory act of a right in the British Parliament, to bind us by their laws in all cases whatsoever, still suspended over us. But a court of inquiry held in Rhode Island in 1762, with a power to send persons to England to be tried for offences committed here, was considered, ...
— Memoir, Correspondence, And Miscellanies, From The Papers Of Thomas Jefferson - Volume I • Thomas Jefferson
... precise shape it ought to take. It would not do, he said, to leave the Colonies to the loose principle, espoused by so many, that they were subject to laws that appeared to them equitable, and no other; nor would it do to drive the Colonies to despair; but if nothing were done but to pass declaratory acts and resolves, it would soon be all over with the friends of Government; and so he wrote, "This is most ...
— The Atlantic Monthly, Vol. 10, No. 58, August, 1862 • Various
... statement, comprehensiveness, and dependence on Scripture, commended itself to the Presbyterian Churches of all English-speaking peoples, and is the most widely recognised Protestant statement of doctrine; it has as yet been modified only by the United Presbyterian Church of Scotland, which adopted a Declaratory Statement regarding certain of its doctrines in 1879, and by the Free Church of Scotland, which adopted a ...
— The Nuttall Encyclopaedia - Being a Concise and Comprehensive Dictionary of General Knowledge • Edited by Rev. James Wood
... resolutions only declaratory of opinions, from however high authority emanating, cannot properly be made the subject of legal or judicial proceedings. They may be very intemperate, they may be very exceptional, they may be very unconstitutional; but until something shall be actually done or attempted, hindering or obstructing ...
— The New England Magazine Volume 1, No. 6, June, 1886, Bay State Monthly Volume 4, No. 6, June, 1886 • Various
... homely and graphic way. The unlovely feature of the book is the antagonism displayed towards those who wish to bring about a union of the Presbyterian bodies. "Not all the cement outside of heaven," one man says, "could bring about a union of the Free and U.P. Churches." The Declaratory Act, secular teaching in schools, instrumental music, and such like, all come in for severe ...
— Literary Tours in The Highlands and Islands of Scotland • Daniel Turner Holmes
... "male" in the second section of the proposed Fourteenth Amendment; and again we appealed to you by thousands of petitions that you would add "sex" after "race or color" in the Fifteenth, but all to no avail. Then by an eighty-thousand petition in 1871 we demanded the enactment of a declaratory law that women had the right to vote under the first section of the Fourteenth Amendment. This, too, was denied us, not only by Congress but by the Supreme Court, which held that the framers of the amendment ...
— The Life and Work of Susan B. Anthony (Volume 2 of 2) • Ida Husted Harper
... confidence that the constitutional operation of the intended government would be precisely the same, if these clauses were entirely obliterated, as if they were repeated in every article. They are only declaratory of a truth which would have resulted by necessary and unavoidable implication from the very act of constituting a federal government, and vesting it with certain specified powers. This is so clear a proposition, that moderation itself can scarcely ...
— The Federalist Papers
... and again in London in the early part of this year. It appointed Committees on Faith, Constitution, Evangelization and the Ministry, all of which have held many meetings in addition to those of the whole Conference. The Committee on Faith was able to frame a declaratory statement on doctrine which was ...
— The War and Unity - Being Lectures Delivered At The Local Lectures Summer - Meeting Of The University Of Cambridge, 1918 • Various |
