no decision, and consequently no order. It is,
perhaps, the only case in which mankind, however various in their ideas
upon other matters, can consistently be unanimous; because it is a mode
of decision derived from the primary original right of every individual
concerned; _that_ right being first individually exercised in giving an
opinion, and whether that opinion shall arrange with the minority or the
majority, is a subsequent accidental thing that neither increases nor
diminishes the individual original right itself. Prior to any debate,
enquiry, or investigation, it is not supposed to be known on which side
the majority of opinions will fall, and therefore, whilst this mode of
decision secures to every one the right of giving an opinion, it admits
to every one an equal chance in the ultimate event.
Among the matters that will present themselves to the consideration of
a national convention, there is one, wholly of a domestic nature, but so
marvellously loaded with con-fusion, as to appear at first sight, almost
impossible to be reformed. I mean the condition of what is called Law.
But, if we examine into the cause from whence this confusion, now so
much the subject of universal complaint, is produced, not only the
remedy will immediately present itself, but, with it, the means of
preventing the like case hereafter.
In the first place, the confusion has generated itself from the
absurdity of every Parliament assuming to be eternal in power, and
the laws partake in a similar manner, of this assumption. They have no
period of legal or natural expiration; and, however absurd in principle,
or inconsistent in practice many of them have become, they still are,
if not especially repealed, considered as making a part of the general
mass. By this means the body of what is called Law, is spread over a
space of _several hundred years_, comprehending laws obsolete, laws
repugnant, laws ridiculous, and every other kind of laws forgotten
or remembered; and what renders the case still worse, is, that the
confusion multiplies with the progress of time. (*)
To bring this misshapen monster into form, and to prevent its lapsing
again into a wilderness state, only two things, and those very simple,
are necessary.
The first is, to review the whole mass of laws, and to bring forward
such only as are worth retaining, and let all the rest drop; and to give
to the laws so brought forward a new era, commencing from the time of
such
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