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... therefore to be regarded as a judicial verdict, rather than as an administrative
measure. In the United States the contrary takes place; and although the decision
of the Senate is judicial in its form, since the Senators are obliged to comply with
lator is obliged to have recourse to the good sense and the virtue of his fellow-
citizens. This point is more prominent and more discoverable in republics, while it
is more remote and more carefully congealed in monarchies, but it always exists
In great centralized nations the legislator is obliged to impart a character of
uniformity to the laws, which does not always suit the diversity of customs and of
districts; as he takes no cognizance of special cases, he can only proceed upon ...
He cannot force the people to make laws, but at least he can oblige it not to
disobey its own enactments, or to act ... The lawyers are, however, obliged to
yield to the current of public opinion, which is too strong for them to resist it ; but it
is easy ...
ters of civil law the majority is obliged to defer to the authority of the legal
profession, and that the American lawyers are disinclined to innovate when they
are left to their own choice. - It is curious for a Frenchman, accustomed to a very
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The social state of these tribes differed also in many respects from all that was seen in the Old World. They seemed to have multiplied freely in the midst of their deserts, without coming in contact with other races more civilized than their own.