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May 1809 2 3
Elements of Packing. Ch. 3. Influence destroys check
§.3. Corruption modes
1.
Handing problem —
how to ensure on each
occasion the surest
& promptest obsequiousness
to Judges will —
p. 7.
2.
Two requisites for this.
1. that in the event of
there being Jurors persons
be so disposed.
2. that persons so disposed
be Jurors. p. 7.
3.
Two courses capable
of producing this result.
1. Stationing persons predisposed.
2. Disposing persons prestationed.
p.8
4.
1. Packing the term employed
of old to express
the then stationary
persons predisposed:
packing, dyslogistic
this course the simplest.
p. 8.
5.
2. How to dispose persons
prestationed; a problem
the solution of
which has been more
recently effected.
p. 9.
6.
Solution — approved by
theory and experience
Place the power holder
in a situation in which
you can influence his
well-being &c. — his
breast not being exposed
to any predominant
counter-force — thus you
command his act viz
his verdict &c or his
vote &c —
p.9
7.
This an axiom in
psychological dynamics:
the weakest public man
is not insensible to the
mith of it. p.9.
8
Ld Arden not more
able than willing to do
the duties of a Clerks
place for which he receives
£10, 20, or 30000£ a year
No more than a Bacon
talking psychological
dynamics like M.
Jourdan prose. p. 9.
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§.3. Corruption modes
9 11
Permanance tho' defencible
is necessary to the
situation by which a
man is exposed to influence.
else —
1. it would not have
value enough
2. nor would there be
always time enough
for moulding the
disposition into the
necessary obsequiousness.
p. 10.
12
Note the difference —
Antiguo the disposition
must have been ready
formed — but no need of
influence, thence not
of permanence in the
situation: moderno,
ready formed obsequiousness
not needful: means of
influence & permanence
in the situation, needful.
p.11
13
Distinctive principle —
1. of the antient mode,
choice or package;
of the modern permanence. p.12
14.
Among the principles
provided by the constitution
for guarding the King
agt the influence of the
Judge whom they were
designed to check was
that of constant mutation
or change: the
principle of permanence
consists in the removal
of that safeguard. p.12.
15
Of this efficient cause
of sinister influence
the appositeness to an
acknowledged principle
of the constitution being
thus palpable it could
never have been established
without a disguise.
p.13
16.
Four arrangements necessary
& accomplished —
viz — in a Special Jury
as per next Chapter —
1. Virtual power of placing
in the Judge.
2. Emolient great enough,
thence durable enough to
render the place desirable.
3. Virtual power of displacing
in do
4. Dispenses covering — see
above arrangements — p.14
§.3. Corruption modes
17
The disguise would have
been broken through had
this system of corruption
been spread over the
whole field of Jury trial.
It was thereafter confined
to such cases in
which the Judge and
other members of government
w were most
likely to have a special
interest. p.14
18.
Permanence its advantage
over simple
packing: packing must
be performed each time:
permanence when
established serves once
for all. p.15
19
Juries to be packed on
the old mode are wood
pigeons to be hunted for:
wild horses to be caught:
Js packed under the
permanent system are
doves in the dove house,
geldings in the stable.
p.15
20
Permanence has been
produced by the same
policy in Juries as in
armies: & in same
space of time in armies,
by necessity in Juries
by convenience — viz
facility of package: in
Juries nos not being
as in armies
packability &
thence tractability the
sole mode of improvement
left. p.15
21
Convenience that of
great characters in
high situations, more
cogent than the necessity
of nations. p.16
22
Packing (simple) being
older than permanence,
thence came the distinction
but permanence includes
being for the purpose of
package. p.17.
9
Simplest and most elegant
mode of effecting the solution
mix up with the functions
a quantity of the matter
of wealth &c, so as to make
up an agreeable compound,
keeping dependant on your
will his continuance in
the situation which enables
him to feed on it. {Feed he
will, if not with thanksgiving
for being put in it, with
fear of being put out of it.
p.18
10
Ex. gr Situation of a Juryman(a)
dulcify it as above
reserving power of dismissal
in your hands render it
permanent. Preponderant
counter force apart as above
the Verdicts so far as depend
on him are at yr command.
p.10
10(a)
Corollary — so Commons
Lords; Members of Conservative
&c Senate.
p.10
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