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1823. May 6 June 30
Constitut. Code. II. Eposition
( ) [Actual ends] Governors being sensitive beings, every
government always has had, and always will have for
its actual primary, not to say its sole actual end the
maximization of the felicity of the governors themselves.
In So far as the governed are also governors, so
far the do the right and proper and the actual end
of the government coincide.
Neither in the supposition which presents to
view the same individual as standing at the same
time in these two different , nor in that which
brings to view the same two individuals standing each
of them in both relations, the one to the other, is there
anything of self-contradiction or incompatibility: anything
but what has actually been exemplified and
continues to be exemplified in practice.
Whether in the here proposed Constitution it be
or be not exemplified those to whom it belongs to judge
will judge.
Art. 5.(a) [question of law] that is to say, as to what, on
the individual occasion in question, shall be deemed to be the
will of the Legislature: namely of the Legislature for the same
being: it being understood that that which has been the will
of the Legislature at any former time, continues to be the
will of all succeeding Legislatures, except in so far as the
contrary has been declared.
(b) [question of fact] that is to say whether, at the time and
place in question, such or such a matter of fact, being of
the number of those to which the will of the Legislature is
to be understood to have applied itself.
A simple matter of fact, is either a state of things or an event.
Under the denomination of an event, any human action, negative
as well as positive may be comprehended.
A compound matter of fact, may be composed of states of things and events in any number.
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