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1823. June 13
Constitut. Code
But That to an order except in the last case above
pointed out this sort of arrangement ought not to be employed
may well be without difficulty admitted: and its has according except in this case the employment
of it here accordingly disrecommended.
But in those cases if judged necessary by the Legislature
it ought to be employed is here as above maintained.
Moreover that, without any such limitation it has by
every government without exception, been without any scruple employed.
Case 1. For the forming a sufficiently instructive ground for
its proceedings the Legislature of be the subject matter what it may calls for information at the
hands of every person whom it regards as competent to the
furnishing it: and if the individual be a fraction declining to
appear present himself or declining to answer questions, it consigns him to
confinement will his wayward pertinacity yields gives way
and due obedience takes it place to the sense of political duty. Here if any where is proselytism: here is
prevals irregula, here is that one of the functions exercised
in the exercise of which the judicial authority is continually employing itself
and of which for giving execution and effect to the laws, it
stands so compleatly in need has such perfect need.
There he is done not indeed by a Bill of
Attainder That but with much less of formality and discussion.
It is due moreover not merely by the whole legislature
but by an every branch how small so in which
under the name of a Committee, it detaches for itself
for this purpose.
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