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1826. Feby 15
Constitutional Code Ch. VI Legislative
§. 2. Power and Duties Addendum
Instructional.
Art. 6. Of cases, in which, for want of this discrimination
between the duties peculiar to itself and those
not peculiar to itself the Legisla Supreme Legislature
stands exposed to the danger of wasteful application of
its time, examples are the following –
1. Taxation, for the expence of works the benefit of which is
confined within the hands
of particular portions of
territory: say of peculiar
districts.
Instructional
Art. 7. 2. Enquiry and imperative decision as to a case in
which the property, of belonging to an individual, is required to be
transferred to government for some supposed preponderantly
beneficial national purpose: and thence as to the quality and quantity
and quality of the compensation purpose to be all due. In
this case the appropriate authority will be – not the Supreme
Legislature, but the judicial.
Instructional,
Art. 8. 3. So, if for some local purpose common and
peculiar to some District, and peculiar to it. In this case a more apt
authority would be that of the Sub-legislature of the district; and
perhaps still more apt the judicial of authorities in that same District.
Instructional.
Art. 9. 4. So, if for a merely private purpose: the arrangement
being clearly conducive to the mutual benefit of
all parties; and the transfer capable of being made without
detriment to the general sense of security in respect of
property.
Instructional.
Art. 10. Of waste committed in the above shapes, English
practice is compleatly exemplification, to a vast
extent, may at all times be seen in English practice: and,
by the magnitude and uncertainty of the number of the members
present, added to the irresponsibility of their situation, the
judicatory being, one as to all points of aptitude appropriate aptitude rendered notoriously in
the highest degree unapt, and in particular, by corruption
in respect of moral aptitude, to wit in one word by corruption, hence, in addition to the constant waste of legislatures time,
comes frequently the evil of misjudication, in addition to the
to such .
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