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[876c] only in a very few cases, dealing oneself with most cases by express legislation—if indeed one ever legislates at all for a State of that description. On the other hand, in a State where the courts have the best possible constitution, and the prospective judges are well-trained and tested most strictly, there it is right, and most fitting and proper, that we should commit to such judges for decision most of the questions regarding what penalties convicted criminals should suffer or pay. On the present occasion we may well be pardoned

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