JB/044/124/001

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1830. Jan. 9.
Constitut. Code

When a restriction of this sort is imposed, the whole
field of legislation is taken in hand, and a line of demarcation
drawn through it. On the one side of the line is that
part of the field in which the legislature in question is
allowed to operate; on the other that part in which it is not
allowed to operate.

Of the arrangement thus stated, mark the consequences.

One consequence is – the putting taking the rule of action
out of the hands of the legislative authority; and locating it
in the hands of the judicial authority – in a word, of the
Judges. To cause a matter to take this course with the power ofdepends upon
every person to whom it is agreeable man who chooses to give this employment to a
correspondent certain portion of his money and his time. A law suppose
is made by the ordinary legislature: of the number of persons
in whom it calls for obedience there is one who disobeys
it: what is the consequence? to compel obedience, of or inflict
punishment as the case may be there are no other
means that what consist in calling in the authority of some
judicatory to which the case belongs. In this way by the
single judge of a single Judicatory may a rule of law be established, annulling in effect the declared will of the Legislature. Over him his situationit is
true sits the presence of the Legislature. But of that body the interposition
is uncertain, and if it have place at all, the procedure
slow and subject to interruption: and in the mean time
the authority of the Judge being the only authority that acts in
an immediate way upon the individuals concerned, scarcely
are there any limits to the mischief which may thus ensue producible by this cause.
The construction is supposed an erroneous one. Still for mere
error in judgement how flagrant soever, in such a case
scarcely a can a Judge in such a case have any
thing to fear. Yes in on proof of corruption: but in as in
the matter of corruption, infinite in variety are the shapes in which it is
capable of being given and received, without the possibility of being
proved, infinite the occasions, indefinite on each occasion
the quantity in which it is capable of being given and received.

Identifier: | JB/044/124/001 "JB/" can not be assigned to a declared number type with value 44.
Date_1	1830-01-09	Marginal Summary Numbering
Box	044	Main Headings	constitutional code
Folio number	124	Info in main headings field	constitut. code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5 / f50
Penner		Watermarks
Marginals		Paper Producer
Corrections	richard doane	Paper Produced in Year
Notes public		ID Number	13909
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