JB/044/126/001

Click Here To Edit

1823 May (copied April 20 1830.) Constitutional Code III Rationale Ch. Legislature 2 Double Legislature System

In the dark, & without any adequately clean &
comprehensive view of the field which was taken for the subject of it,
has such demarcation always all along been performed.

On For illustration and proof of this position observation two
examples taken from the United States Constitution of 1787 may suffice.

I. "No State" (says Art. I. § X. clause 1) "shall....pass
any...law impairing the obligation of contracts". Blindfold
was the operation performed by which the sort of law thus
described was placed on the prohibited side of the line.
Every tome contract which has for its object the production
of evil in any shape is a contract: and as to evil of all the shapes in
which it evil is capable of having place there is not one which is not capable of becoming the subject of a
contract, engaging for the production of it the evil: and whether
in the effects of the contract in question good or evil is most
likely to predominate is in many cases a question of great nicety,
in the solution of which the best intentions would find
no small difficulty.

II. "No State" (says that same Article in that
same Section and moreover even in that same clause)"
"shall....pass any law....expost facto law."
What no State? Not the legislature of any State? the
power of thus acting is it then to such a degree a
dangerous one? then what do you think of yourselves, you
who every State allow this same power to every Judge, ?
giving the people up to be governed by laws made
for them by English Judges without a thought bestowed on their welfare,
by English Judges. What Deny it who can it is plain the draughts man
was little aware of is that the whole texture of the Common ?
Laws is a tissue of ex post facto laws— laws of which
the inaptitude will hardly be thought to be lessened
by the circumstances of their having been made by the
sole authority of four men, or of one man found
named located for the purpose by the King of England.

Identifier: | JB/044/126/001 "JB/" can not be assigned to a declared number type with value 44.
Date_1	1823-05	Marginal Summary Numbering
Box	044	Main Headings	constitutional code
Folio number	126	Info in main headings field	constitutional code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c7 / f52
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13911
Box Contents