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1821 May 8th
As matters stand at present, it would is not without
great concern that I should see your Codes settling or attempting
to settle any thing about Juries. A Jury is
not a Judicatory. It is but an appendage to a Judicatory.
An appendate to a Judicatory requires a Judicatory for
it to hang upon. You have no Judicatory which is either is
of itself fit for rendering justice or can be made so by
hanging a Jury to it. Where there is no publicity there is
no justice. In none of your Judicatories is there any
such thing as publicity, therefore, in none of your Judicatories
is there any such thing as justice. If those by
whom Jury trial is proposed to be introduced, publicity
is proposed to be introduced, this and not the appendage trial
of by a Jury, is the thing, that should be talked of, in the
first instance, & by publicity without a Jury a vast progress
would be made towards good Judicature: by jury-trial,
in any way that I should expect to see it composed,
next to none. Publicity might without difficulty,
expense, or complication be established at once, & in
every Judicatory in the Kingdom by a simple order
for that purpose: a Jury tho' it were but in a small
number of Judicatories, not without great expense,
great vexation and great complication. The Judicatory
ought to be no less open than a church. If men can
forwait upon themselves so to do, there can be no more
difficulty in throwing Judicatories open than in keeping Churches so.
Identifier: | JB/010/050/001 "JB/" can not be assigned to a declared number type with value 10.
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1821-05-08 |
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050 |
to arguelles |
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001 |
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correspondence |
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recto |
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richard doane |
c wilmott 1819 |
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andreas louriottis |
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1819 |
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see note to letter 2742, vol. 10 |
3486 |
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