8 aug 1804

Procedure

''.6.5. Exception in Justification[?]

[Adequate in this way to every purpose of mischief by the punishment of innocent acts it has not been less scanty in respect of the arrangements necessary to the security and prosperity to the community in which it acts.] Potent to do evil, it is not the less impotent to do good. Could the pretensions advanced by speeches such as the above be consistently pursued, legislative power would be swallowed up by judicial - judicial power would include legislative, and the office of legislator might become a sine cure But /When the mode /whoever observes with sufficient attention the course/ of action necessary pursued by judicial power when it steps aside from its own proper track to engage in the track of legislation /out of its one track into that of legislation/ will see but too clearly that this excess in theory will ever be accompanied by sufficiency in practice.