To the situation defined by concordat, however, succeeds another situation, more or less uncertain and more or less strained, in which the two powers legislate separately on mixed matters, sometimes not without provoking conflicts.
The questions which would claim the exercise of such a jurisdiction appear to be (I) intercolonial tariffs and the coasting trade; (2) railways, roads, canals, and other such works running through any two of the colonies; (3) beacons and lighthouses on the coast; (4) intercolonial gold regulations; (5) postage between the said colonies; (6) a general court of appeal from the courts of sucn colonies; (7) a power to legislate on all other subjects which may be submitted to them by addresses from the legislative councils and assemblies of the colonies, and to appropriate to any of the above-mentioned objects the necessary sums of money, to be raised by a percentage on the revenues of all the colonies interested."
In the interval between his nomination as Protector and the summoning of his first parliament in September 1654, Cromwell was empowered together with his council to legislate by ordinances; and eighty-two were issued in all, dealing meat of with numerous and various reforms and including the reorganization of the treasury, the settlement Lilburne and the anabaptists, and John Rogers and the Fifth Monarchy men, were prosecuted only on account of their direct attacks upon the government, and Cromwell in his broadminded and tolerant statesmanship was himself in advance of his age and his administration.
The railway redemption contracts were in fact immediately voted by parliament, with a clause pledging the government to legislate in favor of farming out the railways to private companies.
In 1765 he was elected a member of the Virginia legislature, where he became in the same year the author of the "Virginia Resolutions," which were no less than a declaration of resistance to the Stamp Act and an assertion of the right of the colonies to legislate for themselves independently of the control of the British parliament, and gave a most powerful impetus to the movement resulting in the War of Independence.
The Hungarian parliament has power to legislate on all matters concerning Hungary, but for Croatia-Slavonia only on matters which concern these provinces in common with Hungary.
Mr Laurence Gomme (Primitive Folk-Moots, pp. 1 55, 156) takes up the matter at this point, and places the tradition implied by Cade's significant action as belonging to times when the London Stone was, as other great stones were, the place where the suitors of an open-air assembly were accustomed to gather together and to legislate for the government of the city.
When persuasion failed and imperial interests, or the rights of unrepresented minorities, were involved the power of the Crown to legislate by order in council could be (and was) freely used.
The legal sovereign: the person or persons who, according to the law of the land, legislate or administer the government.
The first sejm to legislate for the whole of Poland was the diet of Piotrkow (1493), summoned by John Albert to grant him subsidies; but the mandates of its deputies were limited to twelve months, and its decrees were to have force for only three years.
In each there was a governor, with minor executive officers, a legislature, and a judiciary; and although the Crown retained the power of altering the charter, and the British parliament could (in strict legal view) legislate over the head of the colonial legislature so as to abrogate statutes passed by the latter, still in practice each colony was allowed to manage its own affairs and to enact the laws it desired.
So, too, when a subject, such as bankruptcy, is one on which a state may legislate in the absence of legislation by Congress, the state law is valid only so long as Congress does not legislate.
Moreover, the English Houses claimed and exercised the power to legislate directly for Ireland without even the nominal concurrence of the parliament in Dublin.
The congress, of course, had no power to decide or to legislate for the Church, its main value being in drawing its scattered members closer together, in bringing the newer and more isolated branches into consciousness of their contact with the parent stem, and in opening the eyes of the Church of England to the point of view and the peculiar problems of the daughter-churches.
The Supreme Court of the United States, on the other hand, has declared that, by the constitution, a government is ordained and established "for the United States of America" and not for countries outside their limits (Ross's Case, 140 U.S. 453, 464), and that no such power to legislate for annexed territories as that vested in the British crown in council is enjoyed by the president of the United States (Field v.
This body has power to legislate for the whole empire in reference to all matters connected with the army, navy, postal service, customs, coinage, &c., all political laws affecting citizens, and all general questions of commerce, navigation, passports, &c. The emperor represents the federation in all international relations, with the chancellor as first minister of the empire, and has power, with consent of the Bundesrath, to declare war in name of the empire.
This jurisdiction is undoubtedly extensive, comprising among others, power to legislate concerning trade and industry, criminal law, taxation, quarantine, marriage and divorce, weights and measures, legal tender, copyrights and patents, and naturalization and aliens.
Congress and the commissioners legislate for the District; the president, the commissioners and the supreme court of the District appoint the administrative officers and boards; and the president appoints the judges of the District courts, viz.
Should enough free states be admitted into the Union to destroy the balance of power, the North would naturally gain a preponderance in the Senate, as it had in the House, and might, within constitutional limits, legislate as it pleased.
His words are wisdom to those legislators who contemplate no essential reform in the existing government; but for thinkers, and those who legislate for all time, he never once glances at the subject.