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21 May 1809 2 6
Elements of Packing CH. 4 Special Influence
§§.3 System developed
§§ 4. Corruption developed.
20
7. Select & secret qualified
list out of which the
gross occasional lists
are formed. p.7
§§ 4. Corruption developed.
21 1
Whether each Grand
Elector has a separate
list, or one serves for
all, uncertain: certain
(v. infra) that there
is one in the Exchequer,
probable yt if K.B.
have not one of their
own, this is borrowed
for it. p.78
22 2
Number of the corps,
secret: name, Guinea
corps: Guinea men:
men embarked in ql
Guinea trade: thereby
p8
23. 3
Of the degree of their
dependence an indication
is afforded by the
relative number of
applicants in part of
a year, thought the
patron was mistaken:
Qualified list 1,100 — No
of applicants, as above,
above 100 respectables,
irrespectables not mentioned.
p.8
24 4
Other sources from
whence degree of dependence
may be
inferred — 1. facility &
security of encreasing
the correspondent power
2. number of the power
holders.
Both these have
place in the case of
Guinea Corps. p.9.
25 5
1. No of power holders
1. Visible & immediate
1. Mai's officer —
2.Crown Solter —
p.9.
26. 6
II. Invisible & remote
Unknown superiors
of the two above
Though of 6 such
5 should be indulgent,
the 6th may suffice
to oust him p.9
26(a)
for example in Libel
law Rex v Cobbett 1804
p.10
§§ 4. Corruption developed
§§ 4. continued
27 7.
Explanations by which
punishment might
be averted are impossible
imcognoscible, they are
inexorable. p.10.
28 8.
Facility & security
attending the exercise
of ql power —
No previous Mandamus
—
Lettre declaratice
no Act necessary.
To power ut need
not appear not even
existence is necessary:
it is hit by the
dependants fears.
p.10
29 9.
The dependence is
thus much more
perfect than that of
the majority under
the Chancellor of the
Exchequer. No need of
order to resign &c.
No Whitbread &c. to
encounter. No self &
Co exculpatory votes
or previous questions to
carry. Bench thorns
not so pungent but
money might compensate.
p.11
30 10
Proof (in Salkeld) of
an anxiety to secure the
list agt being purged by
the Deft but probably
before the formation of
The Guinea Corps.
The liberty of discarding
was not to be allowed,
unless specially ordered by
the Court.
No trace appearing
of a written regulation to
this effect, it must
have been the result of
ord arbitrary practice
in the ordinary course
of unwritten law. p.12.
10(a)
Regulation no purporter
but unavoidably applied
to unwritten law. p.12.
§§.5. Mischief
1
Principal mischief
thus producible its
quantity depends upon
the extent professible
by the Special Jury
System.
It actually extends
to every cause in which
either party professes
a Special Jury.
Among which are all
State libel & other Crown
causes in which its
Servants take an interest.
p.12.
2.
Of the mischief that
part which consists in
the corrupt influence
extends not perhaps
beyond London & Middlesex.
But within these limits
are comprised almost all
the Crown causes abovementioned.
p.12.
3.
Four distinguishable
mischiefs resulting
from this system —
1. Injustice of confining the
compensation where
the burthen is least,
and men best able
to bear it.
2. Pension fund kept up
without knowledge of
Parliamt
3. Corruptive application
of this fund rendering
Judges despots by
destroying the intended
checks.
4. Facility given to private
corruption, the obviating
of which was the
principal declared
object of the 4 Statutes.
3(a)
1. Of inferiors in rank
the interests have always
experienced an
inferior; of superior
a superior degree of
consideration
2. Fit object for a Commited
a collection of these
cases: in the Statute
book they abound.
3. Thus To Common
Juries (by the Statutes)
compensation was not allowed:
to Special Juries
it was.
4. — and that in Judges
practice so ample that
by 24.G.2.c. it was limited
to a Guinea.
5. While the Common Juries
8d in use Ao 1623 remains
unaugmented.
p.14
§§.5. Mischief
3(b)
Apology to actual Special
Jurymen. Not asserted here
that any of them is corrupt:
or ill qualified: only
that the tendency of the
system is to make them
corrupt and to make a
collection of the worst qualified
in point of character intellectual
as well as moral.
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Identifier: | JB/026/074/001 "JB/" can not be assigned to a declared number type with value 26.
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1809-05-21 |
1-10, 10a, 1-3, 3a, 3b |
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026 |
elements of the art of packing |
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074 |
elements of packing ch. 4 special influence |
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001 |
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marginal summary sheet |
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recto |
d2 / f6 |
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john herbert koe |
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