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13
that the innovation is justifiable; it is not too much to say,
that where the most fatal consequences may ensue, against
which we can receive no reasonable assurance, it should
never be attempted. The great political blessing which the
Chancellor has been of to this country, has been his undeviating
adherence to this principle. But with respect to the
criminal common law, it is presumed that it can easily be
proved, that nothing can follow its reduction to writing, but
what can be accurately foretold.
Out of this Public Work will ultimately grow two Private
ones: 1. A Digest of the Laws of England; 2. New
Commentaries on the Laws of England. The Digest of
the Criminal Law, and Book the fourth of the Commentaries,
will appear when the printing of this Criminal Code
shall have been completed.
A notion has prevailed, that the System under the New
Arrangement, and that under the Criminal Law Committee,
are totally different; a notion which it may be as well to
correct. The System under the Criminal Law Committee
was this:—
1. The law in the first instance was, for the sake of
convenience, separated into distinct bills, that one subject
only might be presented to the mind at a time.
2. As the responsibility of the measure rested upon
me alone, it was not to be supposed that the Legislature
would take any thing upon trust which they were
not obliged to take. It was therefore necessary, before any
amendments, either of substance or of language, were
introduced, to exhibit the law in the precise state in
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Identifier: | JB/011/200/013 "JB/" can not be assigned to a declared number type with value 11.
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law amendment |
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a letter to the members of the different circuits |
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printed material |
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recto |
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3897 |
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