JB/034/046/001

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1823. Septr. 3d.
Constitutional Code.

22.
II. features, productive
of evils opposite to the
collateral end of justice,
viz. minimizing delay, vexation
and expence.
12 1. Vexation, or expence,
or both, from needless
magnitude of actually
serving Juries in each
Suit. Here, number minimized,
and length of journeys
from magnitude of districts.

23.
2. Much greater by do. of
obligatory-attending do.
Here, number minimized.

24.
14 3. Do. by challenging:
i.e. power of
discarding, in some cases,
the whole body: in
others, particular members:
delay, vexation
and expence great:
efficiency, as a remedy
against partiality, inadequate.
Here, the unobligatoriness
of the censorial authority, supersedes
the need of
such remedy.

25.
15 4. Vexation, by the afflictive
confinement
to which they are subjected,
till some of them
will submitt to make
a false declaration.

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26.
III. Feature, beneficial
where Jury originated,
prejudicial here; therefore
discarded.
1. Weakness infused into
the Constitution-regarding
part of the substantive
Penal law, by the above
features in the adjective:
the weakness there beneficial,
the object of these
parts being to maximize
the power of the few, at
the expence of the security
and happiness of the
many.

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27.
IV. Apt features, not in Jury
System, but here –
1. Those correspondent
and opposite to unapt
Jury features – 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11. Added are –

I. Sections, two: 1. Popular,
more numerous,
because form the class
of the many, whose
will should decide.
2. Erudite, by superior
intellectual aptitude,
to assist and guide the
popular will, so far as
it chose.

29.
2. Allotting to Quasy Jury
in express and indisputable
terms, the auditive,
interrogative and censorial
functions more
comprehensively, than
exercised by a Jury.

30.
3. Stating expressly explanations
expected from the
Judge for their and
public's use.

31.
4. Causing registering of
Quasi-Jurymen's discourse
as well as Judges:
thereby encreasing
their eventual responsibility,
in case of inaptitude
of their discourse.
Judge's, in case of i's aptitude
and his neglect.

32.
5. Causing register amendments
proposed
by Jury to Judge's judgmt,
and in case of conviction,
his sentence, whereupon,
they go of course
to Judge Appellate, for
adoption, rejection, or
modification.

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33.
6. Power to Quasi Jury
to send up to Judge Appellate
for confirmation
or change, Judge Immediate's
conviction and
sentence: cases in
which by a Jury, it cannot
be done: and by the
assured multitude of
groundless appears wd.
otherwise be productive
of preponderant evil, by
useless vexation to persons
insured and Quasi
Jurors.

34.
7. So to allow Pursuer's
Appeal from Acquittal,
as well as conviction.

35.
8. So from sentences
for deficiency in the punishment,
as well as excess.

36.
9. Power to Quasi Jury
to call in Pursuer General
or Defender
General, to assist in
wording amendments,
as above.

10. Extension of Quasi
Jury's authority over all
causes.

11. So, over all stages in
every cause.

Identifier: | JB/034/046/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-03	Marginal Summary Numbering	22-36
Box	034	Main Headings	constitutional code
Folio number	046	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d3 / e3
Penner	jeremy bentham; john flowerdew colls	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10320
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