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<head>1823. <sic>Dec<hi rend="superscript">r</hi>.</sic><lb/>Constitutional Code. <add>or | <head>1823. <sic>Dec<hi rend="superscript">r</hi>.</sic><lb/>Constitutional Code. <add>or Procedure</add></head> <p>7<lb/><note><sic>Ch.</sic></note><lb/>(7 <note>§.</note></p> <!-- first two paragraphs crossed through in ink --> <p><sic>Art.</sic> 1. In various shapes evil to an in<gap/>able extent<lb/>might and necessarily would be continually produced,<lb/>if without regard to justice of the demand, <del>access<lb/>to</del> the power of the Judge were left <add>in any part of it</add> at the absolute<lb/>command of all individuals who for any purpose<lb/>at their desire were disposed to become applicants.</p> <p>Of this evil there are two branches.<lb/>1. Evil to individuals<lb/>2. Evil to public <del><gap/> <gap/> <gap/></del></p> <!-- end of crossed out section. Marginal summaries in pencil --> <p><note>17<lb/>Objection. <add>Of</add> Restraints<lb/>on litigation you <sic>admitt</sic><lb/>the necessity. Fees and<lb/>other taxes <del><add><gap/></add> impose<lb/>these restraints</del><lb/>on the operation and<lb/>instruments by which<lb/>litigation is carried on<lb/>impose these restraints</note></p> <p>Thus it is, that supposing litigation exempt from factitious<lb/>restraints, <del><gap/></del> no restraints <del>left <gap/></del> be applying to it but<lb/>the abovementioned natural ones <add>the best constructed</add> Judicial establishment<lb/>would be worse than useless.</p> <p>Will it then be said taxes on the several operations<lb/>and instruments of <add>by</add> which litigation is composed <add>carried on</add> — there are<lb/>legislative restraints — and thus is done this effect you<lb/>required to be done.</p> <p><note>18<lb/>Answer. True: the evil<lb/>is prevented from being<lb/><add>so great as to be</add> destructive to society:<lb/>still, in <del>this</del> the mode<lb/>in which these restraints<lb/>are imposed it constitutes<lb/>a cruel grievance.<lb/>Much of the<lb/>evil remains <gap/><lb/>and <gap/></note></p> <p>Answer. Yes: true it is the evil is lessened: but<lb/>after the defalcation thus made enough may be still be left<lb/>to constitute it a most <add>enormous and</add> cruel <!-- brackets and 'an' in pencil --> [and <add>an</add> intolerable] grievance. Evil<lb/>in any shape <add>case</add> is <gap/>: but evil in no shape <add>case</add> is prohibited<lb/>on the contrary it is <gap/>, <gap/> and to a point <gap/><lb/><gap/></p> <p><del>What then is the proper course? The proper course <add>and only proper course</add> is this<lb/>When this is stated <add>determined</add> it will serve as a standard to which may<lb/>be compared all <add>the several</add> improper ones.</del></p> <p>Thus may a <gap/> on the course dictated <add><gap/></add> by the law of justice —<lb/>by the desire to produce the maximum of happiness by execution and effect<lb/>give in the most perfect instance no laws directed to that object.</p> <!-- continues in the margin and along the edge of the page --><p>But <del>the</del> in no <gap/><lb/><del>would the</del> has the course<lb/>taken by men in power<lb/>been the course dictated<lb/>by the law of justice. it has never been: however <gap/> in that <gap/> <del><gap/></del> <add><gap/></add> has admitted of it. The object has been not the <gap/> interest but their own particular and <gap/> opposed<lb/>to the general greater interest</p> | ||
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1823. Decr.
Constitutional Code. or Procedure
7
Ch.
(7 §.
Art. 1. In various shapes evil to an inable extent
might and necessarily would be continually produced,
if without regard to justice of the demand, access
to the power of the Judge were left in any part of it at the absolute
command of all individuals who for any purpose
at their desire were disposed to become applicants.
Of this evil there are two branches.
1. Evil to individuals
2. Evil to public
17
Objection. Of Restraints
on litigation you admitt
the necessity. Fees and
other taxes impose
these restraints
on the operation and
instruments by which
litigation is carried on
impose these restraints
Thus it is, that supposing litigation exempt from factitious
restraints, no restraints left be applying to it but
the abovementioned natural ones the best constructed Judicial establishment
would be worse than useless.
Will it then be said taxes on the several operations
and instruments of by which litigation is composed carried on — there are
legislative restraints — and thus is done this effect you
required to be done.
18
Answer. True: the evil
is prevented from being
so great as to be destructive to society:
still, in this the mode
in which these restraints
are imposed it constitutes
a cruel grievance.
Much of the
evil remains
and
Answer. Yes: true it is the evil is lessened: but
after the defalcation thus made enough may be still be left
to constitute it a most enormous and cruel [and an intolerable] grievance. Evil
in any shape case is : but evil in no shape case is prohibited
on the contrary it is , and to a point
What then is the proper course? The proper course and only proper course is this
When this is stated determined it will serve as a standard to which may
be compared all the several improper ones.
Thus may a on the course dictated by the law of justice —
by the desire to produce the maximum of happiness by execution and effect
give in the most perfect instance no laws directed to that object.
But the in no
would the has the course
taken by men in power
been the course dictated
by the law of justice. it has never been: however in that has admitted of it. The object has been not the interest but their own particular and opposed
to the general greater interest
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Identifier: | JB/055/046/001"JB/" can not be assigned to a declared number type with value 55. |
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1823-12 |
17-18 |
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055 |
Constitutional Code; Procedure Code |
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046 |
Constitutional Code or Procedure |
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001 |
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Text sheet |
1 |
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recto |
D7 / E7 |
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J WHATMAN TURKEY MILL 1823 |
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Jonathan Blenman |
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1823 |
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17767 |
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