Page:Armatafragment00ersk.djvu/370

 ¬the adoption of those that might be selected as law. ¬I am not prepared to say that such a plan is safely practicable, but the proper question for the legislature ought to be, Is it absolutely im- practicable and impossible ? because, when such increasing and ruinous mischiefs are in the other scale, every effort ought to be made to suppress them. ¬My own opinion is, that though mighty diffi- culties are in the way, the attempt, in some mode or other, under the sanction of the judges, ought to be made ; and my confidence in the result is founded upon the immense care and learning which distinguish the modern decisions of our courts ; and because almost all the subjects which the laws have to deal with, not only come round again in a very few years, but in a country which has reached its summit would be less likely to fluctuate, than when it was pro- gressive, ¬