JB/023/065/001

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1830. Sept. 24
J.B. to France against Peers Letter II against Peers

96
Referable the mode of location
under which conformity
of Judicial to Legislative will
is most certain.

97
Incongruity of 2d Chamber's
participation proved above –
remain King and 1st Chamber

98
King alone not. Reasons
1. He would thus be able
to reduce to nothing 1st
Chamber – thence People's power.
Every arrangement
might be matter of a suit
which a servant of his
might bring ultimately before
him.

99
King might thus be unpopularized.
Without a Revolution
King is not chargeable
– Deputies are.

100
Not improbable is in this
case his unpopularity.
Before him would be
brought causes in which
the passions of the people
took the strongest interests.
Examples
1. Liberty of the Press case
2. Treason against his person
3. Treason, Sedition &c against
the government at large.

100(a)
In this view see Penal
Code Table annex V.

101.
Deputies alone not. Reasons
1. Consumption of time of
which there is never enough.
2. Judicatory corruptible,
sufficient to render it such
the number of the members.

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102
Unapt every Judicatory
having seats more than
one: inaptitude is as the
number.

103.
Cause of the defalcation inaptitude
defalcation from
the sum of probability and
anticipation of responsibility
to his & public opinion.
The defalcation increases
with the number, though
with a ratio continually
decreasing.

103(a)
For proof at large see
Court Code, Ch. XII Judiciary § 5. Number in a Judicatory.

104
Objection – Judge single,
the same as above in the
case of the King.

105
True; but for the remedy
let King appoint a Supreme
Judge: he for criminality
punishable by Deputies'
Chamber.
Judicial accusation of
him punishable severely if
accompanied with evil
less so in
various degrees if with
rashness – not
vexatious the common
appellatives.

106
Objection in case of
misdecision by
what the
Answer. This risk must
be in every case.

107
Much less likely would
misdecision be in his
than their hands.

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108.
Applicable in this case
is a remedy not yet applied
in any case.
Whatever the misdecision,
confined to the intellectual
individual case
is the suffering produced
by it.
The legislature without
reluctance will pass a
law or interrogative
as the case
may require. If deemed
proper it might at public
expense make compensation

109.
Compensation none,
by the of it will be
the feelings of those who
all wrongs produced
by all but the few
rich may be so
the remedy?

110
More confusion possible:
to legislative and
judicial added administrative:
locators as
to the most important
offices.
Example U.S.

111
As to Administrative authority
apply questions
the same as judicial:
sole reason for mention,
disproof of oversight.
In the U.S. this confusion
is exemplified:
in France not likely
to be.

Identifier: | JB/023/065/001 "JB/" can not be assigned to a declared number type with value 23.
Date_1	1830-09-24	Marginal Summary Numbering	95-100, 100a, 101-111
Box	023	Main Headings	lord brougham displayed
Folio number	065	Info in main headings field	jb to france against peers
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e6
Penner	richard doane	Watermarks	j whatman turkey mill 1829
Marginals		Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1829
Notes public		ID Number	7936
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