30 Oct 1811

Evidence

VI. Preappointed

Ch.2.1. Contracts [...?]

if Preappointed

' 4 [...?]

'.4. Modes of noxiousness in the case of Contracts.

When, as above, reprobated, the account in which a contract is, or at least is declared and supposed to be reprobated is that of presumed noxiousness. Pursuing that division /analysis/ which forms the foremost a clearest basis of whatever operations are carried on by the legislator against the mischief apprehended from [..?] or other pernicious acts, By itself[?] a mischievous noxious act of this description as of any /in all/ other descriptions this party or parties affected will be seen to be other assignable individuals, a subordinate class of the community or the aggregate of the whole community or the whole public.

The case where it is to the whole community the case where it is so the case where it is so to determinate are or to a subordinate class or even to assignable individuals not being parties to the contract that it may happen to its tendency to be noxious in a case /all these are cases/ of too great a latitude to come under consideration on this present occassion /be included within the compass of the present head/. To whatever contracts this pernicious quality actually belongs, it belongs to the duty of the legislator to look out for and collect them together - marking them as reprobated, and in eah designating by such a description as shall suffice to prevent their being engaged in by any person, for want of being apprized of the [...?] /fate/ thus prepared for them and the consequences that will ensue.

Such in relation to contracts so circumstanced as above will be the duty of the legislator: but in the performance of that duty in those instances, generally speaking he will not find any particular capacity of yeilding him assistance in the principle of pre-appointed evidence.