JB/034/105/001

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1823. April
Constitut. Code
:Ch XVI Quasi-Jury
Jury &c
2 §. 3. Function
why unobligatory?
Art. 19

Why render the every decision unobligatory on the Judge
& thus render the it in every case dependent upon the Judge.

Answer. In consideration of comparative, appropriate
moral aptitude. In respect of this element the appropriate
aptitude of the Judge is regarded as being sufficiently samed
effectually
by the 18 securities abovementioned. In respect of this same
element no degree of security capable of standing in competition
with that which has place in the case of the Judge can by
any means be made to have existence.

In the case of the Jury it must be left to mere
chance. Against those whose place is at the very lowest
degree in the scale no bar of exclusion, legal conviction of a
criminal offence or the like can be set up. If under the action
of thus securing superior moral aptitude the function
of Juryman is allotted exclusively to the comparatively
opulent as in the case of an English Special Jury the
quality thus secured is not appropriate moral aptitude,
but the reverse: partiality in favor of the few to the
oppression of the many.

Identifier: | JB/034/105/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-04	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	105	Info in main headings field	constitut. code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	richard doane	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10379
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