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+ 67
Corrected from the Copy Ch.XII Judiciary collectively
67 §. 16.17.18
Instructions to Legislature
and including Rationale
In the text, against abuse, in all every shape in which these the
powers are exposed to it, attached to these functions, appropriate warnings to are given.
But, were they supposing them these warnings ever so much beyond expectation
ineffectual, never could abuse approach to the
height at which it as yet stands every where; no where
so conspicuously as in the field of English law: Legislators
and Judges being by habit, alike stacked against sensibility to the
evils to which they are eventually giving birth. "What his eye does
"not see" says the proverb "the heart does not see."
Necessary were these all these functions to the giving
to the forensic the intended simplicity of the domestic System
of procedure, and the appropriate aptitude, which, to the
extent of its powers, the humble and familiar, yet craftily neglected
system, possesses.
All this supposes, the establishment of the dominance
of the only real law established over the whole field of laws — all this supposes the compleat
extirpation, of the the spurious substitution, by sprung from
necessity, and moved and kept in the House by artifice —
the chimera called by a hundred names, of which
Common Law is one.
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