JB/037/331/001

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1823 June 14
Constitut. Code

[ ] [Contract]

Question. Why is it that in the case of a Contract the obligation to
the operation of drawing tracing demarcation lines endeavours to confer
obligations positive or negative on the Supreme Legislative, and
thereby to the tracing demarcation lines between the cases in
which it is at liberty and those in which it is not at liberty
do not apply or are not conclusive.

Answer. Reasons

1. In a case in which any suc existence and expression
is given to any such obligation it is, in the opinion of the only
competent judges authority, not needless but beneficial. In this case
men act upon a present and special case actually before them: not upon
a future contingent case of which no perception, nothing
more than an indeterminate and necessarily more or less inadequate
anticipation can be formed.

2. In this case therefore no such absurdity has place
as in the general former case the other parts of the general case out of which this is excepted.

Without entering into contracts for a variety of purposes
scarcely in any political State can the business of government be
carried on: in particular Contracts with its own subject Citizens. Contracts with
foreign the governments of other States. But of to those Contracts
expression can not be given without an appropriate and a determinate set of words,
nor in this case can the unjust endeavour to be given to them
be too determinate.

Bt for such specification and the obligation thereby
imposed self-imposed by the Legislative in question the Contract
would not be entered into. The contract is will according to the most appropriate
and competent judgment be productive of net benefit beneficial to the State in question
and without such net benefit contract the benefit could not
by the supposition have been obtained.

Identifier: | JB/037/331/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-06-14	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	331	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / c1 / e1
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11546
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