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II
Turnpike Act. New Prelud.
Apology for Freedoms
This Liberty I exercise with the less reluctance as
the animadversions will fall rest on no one man, nor
even set of men now living: it is the work of successive
generations; & and tho' the whole Act Instrument together bears
a recent date; yet it is known that (agreably to in conformity
a rule which has it's advantages,) the words of these clauses
of preceding Statutes which it included & superseded
were frequently are commonly<add> in general</add> preserved.
personally application
This essay which/why detached en avance
It may be thought that this particular specimen
would more properly have followed or accompanied
the general treatise: in which the rules that guided it's execution would have been settled & explained.
the general treatise: But two reasons determined me
to a different course: 1st, the sense of it's Defects imperfections,
which I thought was in hopes the communication favoursof
the learned might offer some instruction to remedy
& supply. The other, that many of the observations
having no reference nor application beyond subject-matterthe particular
subject design <add>matter, could not properly have found a would have been misplaced
place, where that subject was should be introduced as a
to exemplify the general design. +
the unity
comes in no otherwise tha
[merely] in subserviency
to the general design
Tis from want of attention to these subaltern . . . .
that many a well-intended provision Statute <add>System of Regulations</add> either fails of its effect
or gives birth to new mischiefs and abuses, that very much
detract from the ballance sum of it's utility.
Seasoning
Tis upon being put to the P by those who are interested
to find a flaw that the difference becomes apparent
between a well-considered & an ill-digested
mode of phraseology. The time an operation <add>a proof</add> which every clause should
be put to in time before it while yet in the hands of - - -
. . . . before the of .. . ..is put to it by
the hand of the Legislature, that such flaws as the
operation then discloses may be stopped in time.
This may be called the Seasoning of a Bill.
Apology
If he is be wrong, it is his own shame: if he is be right,
the benefit is the Public's.
Generalization
In laying down a general proposition to have a full
view of all the particulars it respects.
---page break---
of the several provisions
The reader will consider the remarks observations as those of a as the observations of
man, who not being in the secret of this reason, design takes
his information idea of it from the provisions themselves.
Such every reader of a composition of this nature should
be supposed to be; Taken that supposition it should be
framed.
It is not enough that the meaning be obvious to those who
have having present at assemblies when the motives & policy of the whole
Plan has been described, &
to those who were witnesses
of what passed
discourse held in either
or that private conversation
or (what is nearly about & would
be the same thing
if some man's wishes
had affect ) this or that
hearing assembly of the Legislature:
It would be too hard upon the subject, to force require him to
recur resort for the rule of this interpretation to transactions which so much
pains are taken to conceal
I speak of the knowledge
of the design reason
as being necessary where
it becomes so in order
to correct the ambiguity
of the expression
Where the meaning is
obscurely or imperfectly
expressed the reason it is necessary as
a chore to find it by
---page break---
Hard Words.
Those who are fond of considering the dominion empire of Justice, as
a Tyranny, established to put it in the way of the few to
exact from the many a Tribute Tributes of admiration, will
of the thoughts of having stricken that perplexity by dint of Good words <add>an announcement</add> into
their readers the reader which favours the their design: those who
consider it as a Democracy, the end of which is to increase
the public Stock of all to the equal endorsement of
all lament the necessities whenever it occurs of, adopting
an engine a new device <add>technical terms: & c</add> which tho' it expedites the labour of those
who know how have strength to wield it, has this had regards inconvenience of
throwing others out of employment at a distance.
This essay why
detached en
avance.
+ u. p. 1. To have attempted the completion of the same plan
in the first instance would have required been attempted
under disadvantages [which I was am in some hopes of
being able to a certain degree to remove] & would have
required me to renounce the other which having no certain
proportions nor extent; is compleat as far in a manner compleatd
as it goes. is pursued
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