JB/008/021/001

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1820 July 28. These the original from which another was copied.

Emancipation Spanish

11

[mark] 3. Part 4.
Letter 3. Appeals unendurable
(2)

III. Appeals intolerable

21. 8.
From the expence of
both, denial of justice
to the side unable to
defray the expence: to
all but a very few.

22. 9.
By the expence, vexation,
and delay, burthen
grievous to these few.

23. 10.
By its effect on evidence,
great the chance it gives
to misdecision: great
the advantage to the
wrong side: to falshood
and deceit.

24. 11.
Witnesses not permitted
to follow the appeal,
evidence is sent to the
ultimate judicatory in
a bad shape to counteract
the effect of the same
evidence in the good
shape, in which it was
or sh.d have been presented
to the Judicatory
below. [The shapes
described]

25. 12.
Witnesses permitted
but not forced, the benefit
of furnishing evidence
is as to so much confined
to that party, if but one,
who can bear the expence:
and, besides the expence,
boundless the doors thus
opened to corruption.

or

Without corruption,
even without corruption,
the bad side may
triumph over the good,
by sending the only material
witnesses, or most
witnesses.

26.13.
3. Witnesses forced, power
of applying the force
is unlimited power of banishment

or power monstrously
mischievous whether given
to public prosecutor,
defendant, or both.

---page break---

III. Appeals intolerable.

27. 14
Appeal given to defendant,
what is to be his condition
during its pendency?
Employed Enlarged without sureties,
he goes off with his effects;
if not without sureties, he
remains in imprisonm.t
all the time, if he can not
find them. How, then, can
he attend to his cause?

28. 15 From an intermediate
decision, shall appeal be
allowed or not?

29. 16
The above being the least
extent that can be given
to appear, proportioned
must be the ulterior
mischief from every
ulterior extent.

30. 17
Cortes Election Appeal—
Disallow it, sole Election
Returning Officer. Allow
it comes the expense
delay and vexation, and
the intolerable grievance
about Witnesses as above.

31. 18.
The more witnesses,
the more time
consumed in enquiries,
each trifling, all indispensible.
What the judicatory?
1. the whole Cortes?
time for nothing else.
2. Committees? Members
time is thus consumed
in irrelevant business.

32. 19.
An extraneous judicatory?
this the least evil if
named by the Cortes, single-seated
and public.
Thus only, responsibility
better than an empty
name.

Identifier: | JB/008/021/001 "JB/" can not be assigned to a declared number type with value 8.
Date_1	1820-07-28	Marginal Summary Numbering	8-19
Box	008	Main Headings	emancipation spanish
Folio number	021	Info in main headings field	emancipation spanish
Image	001	Titles	iii appeals intolerable
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2 / f11
Penner	john flowerdew colls	Watermarks	[[watermarks::[prince of wales feathers] i&m 1818]]
Marginals		Paper Producer	arthur wellesley, duke of wellington
Corrections	jeremy bentham	Paper Produced in Year	1818
Notes public	[[notes_public::"this the original from which another was copied" [note in bentham's hand]]]	ID Number	3125
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