JB/034/106/001

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1823. April
Constitut. CodeCh. XVI
§. 3. Functions

For any comparable degree of moral aptitude, no
secrecy can be thus obtained whether the suffrages of the
several Jurors are known or unknown.

First suppose them known; they are by this means
each Juror's suffrage is exposed at once to intimidation
& corruption, and this is without the need of
money labor or influence, on the part of any party who
being in the wrong is prompted by sinister interest to
make the attempt.

2 Suppose now each Juror's suffrage to be unknown
though in another place, it has already been shewn how
seldom it is, that for any thing like complete secrecy: secrecy
as against every body, any considerable degree of
assurance can have place. Suppose it however to have place,
on this supposition the influence whether of intimidation or efficient
or corruption in favor of every one of who to the
will adds the means of applying it is rendered certain:
all that is requisite is, between the commencement of
trial & the time at which the Juryman in question
knows that he is to serve on it, an interval sufficient
for the application of the seductive instrument.

In the case where the suffrage is matter of notoriety
the moral aptitude — the probity — of the Juror, has for
its support & steadiment the eye of the public opinion
tribunal. Where secrecy is entire & in proportion as it is
close this tutelary force is wanting.

Note all along that in the case of a large proportion
of the whole body of Jurors, the aristocratical system
being supposed not to be employed, the exposure of the Juror to
to this tutelary influence
will be very narrow. His
sensibility to it very faint.
How narrow the exposure,
how faint the
sensibility in this case
in comparison of the
Judge.

Identifier: | JB/034/106/001 "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	106	Info in main headings field	constitut. code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	richard doane	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10380
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