★ Find a new page on our Untranscribed Manuscripts list.
Auto loaded |
No edit summary |
||
| Line 3: | Line 3: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
' | 1824 August 1824 Oct. 31<lb/>Constitutional Code. Cop<hi rend="superscript">d</hi><lb/><note>Ch. XII. Judiciary Collections<lb/><del>§. 12, 13 14</del><lb/>§. 14 <gap/> and Rationale</note><lb/>(3<lb/><del>To §. 12. 13. and 14. Instructions and Rationale</del><lb/><del>Instructions to the legislature, including Rationale.</del><lb/><del>as to § <add>12. 13. 14</add> 16. 17. 18.:</del><lb/><lb/>IN these three sections, completion is <gap/> to<lb/><gap/> design, commenced in Ch. V. §. 10, continued in<lb/>Ch. VI. §. and further continued in Ch. XI. §. 2.<lb/>Objects embraced by it are the following.<lb/><lb/>1. Preserving for ever from deterioration <del>the</del> <add>whatever</add> <hi rend="underline">symmetry</hi><lb/><add>comes to have been established, in</add> <del>of</del> this and the other <del>codes</del> <add>several codes of</add> <del>in</del> the Pannomion.<lb/><lb/>2. Minimizing and indefinitely retarding the need<lb/>of <hi rend="underline">consolidation laws:</hi> <del>a remedy</del> <add>remedies,</add> which, how necessary<lb/>soever, can never be applied without difficulty &<lb/>inconvenience.<lb/><lb/>3. Preserving the Pannomion from being enveloped in,<lb/>and obscured by, masses of extraneous matter, in<lb/>the shape of Reports of Judiciary decrees & proceedings,<lb/>& dissertations grounded on them, adding to the in-<lb/>-dispensable burthen composed of real law, this <add>excre-</add> <del><gap/></del><lb/><add>-mentitious</add> <del><gap/></del> matter, to the ever increasing bulk of which,<lb/>there can not otherwise be any end. <!-- The four preceding paragraphs have been stricken. --><lb/><lb/>4. Maximizing the facility of <sic>it's</sic> melioration from all<lb/>imaginable sources.<lb/><lb/>5. Disarming Judges of the arbitrary power of <hi rend="underline">frustra</hi><lb/><hi rend="underline">tion</hi> and <hi rend="underline">alteration</hi> under the name of <hi rend="underline">interpretation</hi>:<lb/>disarming them of the power, by divesting them altoge<lb/>ther, and for ever, of the pretence. Hitherto, in all places<lb/>and at all timed, has this power been exercised: and,<lb/>in the effects of the exercise given to it a mixture of good<lb/><del>and</del> <add>with the</add> evil being <del>always</del> <add>frequently</add> to be found, <add>and the good the most prominent of the two. —</add> never, without un-<lb/>-answerable objections, could it be either condemned or<lb/>justified. By the here proposed means, now for the<lb/>first time, the evil may be <add>effectually excluded,</add> <del><sic>nipt</sic> in the bud,</del> and the<lb/>good left pure. Under the existing system, scarce can<lb/>imagination suggest the improper liberty, which a<lb/>Judge will not take with the declared will of a legisla-<lb/>-ture: under the here proposed system, none will any<lb/>Judge ever dare to take: for, the sources of excuse <add>elsewhere so abundant</add> will <add>here</add> be altogether wanting<lb/><lb/>6. Securing | ||
1824 August 1824 Oct. 31
Constitutional Code. Copd
Ch. XII. Judiciary Collections
§. 12, 13 14
§. 14 and Rationale
(3
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
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 in-
-dispensable burthen composed of real law, this excre-
-mentitious 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 frustra
tion and alteration under the name of interpretation:
disarming them of the power, by divesting them altoge
ther, and for ever, of the pretence. Hitherto, in all places
and at all timed, 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 un-
-answerable 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 legisla-
-ture: 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
|
Identifier: | JB/042/480/001"JB/" can not be assigned to a declared number type with value 42. |
|||
|---|---|---|---|
|
1824-08 |
|||
|
042 |
constitutional code |
||
|
480 |
constitutional code |
||
|
001 |
|||
|
copy/fair copy sheet |
1 |
||
|
recto |
d1 / e3 |
||
|
"copd" |
13403 |
||
