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<head>1823 May (copied April 20 1830.)</head> | |||
<head>Constitutional Code</head> | |||
<note>III Rationale Ch. Legislature 2 Double Legislature System</note> | |||
<p>In the dark, & without any adequately clean &<lb/> comprehensive view of the field <del>which was</del> <add>taken for</add> the subject of it,<lb/>has such demarcation <del>always</del> <add>all along</add> been performed.</p> | |||
<p><del>On</del> <add>For</add> illustration and proof of this <del>position</del> <add>observation</add> two<lb/> examples taken from the <add>United States</add> Constitution of 1787 may suffice.</p> | |||
<p>I. "No State" (says Art. I. § X. clause 1) "shall....pass<lb/>any...law impairing the obligation of contracts". Blindfold <lb/> was the operation performed by which the sort of laws thus<lb/> described was placed on the prohibited side of the line.<lb/>Every <del>tome</del> contract which has for its object the production<lb/> of <hi rend="underline">evil</hi> in any <add>shape</add> is <hi rend="underline">a contract</hi>: <add>as to evil</add> and of all the shapes in<lb/> which <add>it</add> <del>evil</del> is capable of <add>having place there is not one which is not capable of</add> becoming the subject of a <lb/>contract, engaging for the production of <add>it</add> <del>the evil</del>: and whether<lb/> in the effects of the contract in question good or evil is most<lb/> likely to predominate is in many cases a question of great nicety<lb/><del><gap/></del> in the solution of which the best intentions would find<lb/> no small difficulty.</p> | |||
<p>II. "No State" (says that same Article in that<lb/> same Section and <add><del>moreover</del></add> even in that same clause)"<lb/>"shall....pass any <hi rend="underline">law</hi>....<hi rend="underline">expost facto</hi> law."<lb/> What no State? Not the legislature of any State? the<lb/> power of thus acting is it then to such a degree a <lb/>dangerous one? When what do you think of yourselves, you<lb/> who <hi rend="underline">every State</hi> allow this same power to every Judge,<lb/><note>?</note> giving the people up to be governed by laws made<lb/> for them <add>by English Judges</add> without a thought bestowed on their welfare, <lb/> <del>by English Judges</del>. What <add><del>Deny it who can</del></add> it is plain the draughts man<lb/> was little aware of <add>is that</add> the whole <gap/> of the Common <note>?</note><lb/> Laws is a tissue of <hi rend="underline">ex post facto</hi> laws— laws of which<lb/> the inaptitude will hardly be thought to be lessened<lb/>by the circumstances of their having been made by the<lb/> sole authority of four men, or of one man <del>found</del><lb/> named <add><del><gap/></del></add> for the purpose by the King of England.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
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 laws 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: as to evil and 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? When 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 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 for the purpose by the King of England.
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