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1824 August 1824 Oct. 31
Constitutional Code. Copd
Ch. XII. Judiciary Collections
§. 12, 13 14
§. 14 and Rationale
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To §. 12. 13. and 14. Instructions and Rationale
Instructions to the legislature, including Rationale.
as to § 12. 13. 14 16. 17. 18.:
In these three sections, completion is to
a design, commenced in Ch. V. §. 10, continued in
Ch. VI. §. and further continued in Ch. XI. §. 2.
Objects embraced by it are the following.
1. Preserving for ever from deterioration the whatever symmetry
comes to have been established, in of this and the other codes several codes of in the Pannomion.
2. Minimizing and indefinitely retarding the need
of consolidation laws: a remedy remedies, which, how necessary
soever, can never be applied without difficulty &
inconvenience.
3. Preserving the Pannomion from being enveloped in,
and obscured by, masses of extraneous matter, in
the shape of Reports of Judiciary decrees & proceedings,
& dissertations grounded on them, adding to the indispensable
burthen composed of real law, this excrementitious
matter, to the ever increasing bulk of which,
there can not otherwise be any end.
4. Maximizing the facility of it's melioration from all
imaginable sources.
5. Disarming Judges of the arbitrary power of frustration
and alteration under the name of interpretation:
disarming them of the power, by divesting them altogether,
and for ever, of the pretence. Hitherto, in all places
and at all times, has this power been exercised: and,
in the effects of the exercise given to it a mixture of good
and with the evil being always frequently to be found, and the good the most prominent of the two. -- never, without unanswerable
objections, could it be either condemned or
justified. By the here proposed means, now for the
first time, the evil may be effectually excluded, nipt in the bud, and the
good left pure. Under the existing system, scarce can
imagination suggest the improper liberty, which a
Judge will not take with the declared will of a legislature:
under the here proposed system, none will any
Judge ever dare to take: for, the sources of excuse elsewhere so abundant will here be altogether wanting.
6. Securing
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