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1823. August 25
Constitutional Code
In such a state of things, not very considerable would be
the danger produced – scarcely an equivalent a counterpose to the certain evil saved,
if the lot fate of every person accused were committed to the hands discretion
of the a single Judge. But no such hazard is here run life to be .
On a review made of the sentence and that without any addition to delay expence vexation or expence or vexation in any shape
To the wish of the Quasi Jury it is left to determine whether
it shall or shall not take place: This determination is
it in the negative? The examination of the whole business is
sent to another to a higher authority – that of the Appellate Judicatory.
Above this sits – though not for review yet for eventual
punishment the Justice Minister, above him – the legislature
chosen by the people, above this the people themselves. Partly
by their superior elevation the superiority of this partly by the comparative smallness
of their number these Judicatories are more immediately
under the eye, and draw to them ore of the attention of the
still higher constituted authority – their superiors: above all
the great body of the people, who can not conceive at
by whom tyranny oppression in no shape can be tolerated conceived at
without their subjecting themselves to it who can not in any
case by any act of theirs or neglect of theirs had their sanction given confirmation to oppression conceive at oppression in any shape without laying
by the same act, and without any poss possible advantage in any shape, their own necks under the yokes.
Their and that abuse might may meld and steadily executed
justice be substituted to a descendant and barbarous
mixture of barbarity and anarchy: oaths unrelentingly miserably exacted
and salvation from despotism and tyranny left to depend on the
the habitual violation of these same oaths.
F In regard to the security safeguard the text employed in the
establishment of it would in point of method belong to the penal
Code and to the adjective branch division of it. But te demand for it
bein having for its source the proposed substitution of the Quasi Jury
with its suspension veto to the peremptory veto of the existing Juries sort of Jury
the intimation of this part of the plan could not be here omitted.
Identifier: | JB/034/122/001 "JB/" can not be assigned to a declared number type with value 34.
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1823-08-25 |
or 29 -or 32 |
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034 |
constitutional code |
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122 |
constitutional code |
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001 |
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text sheet |
1 |
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recto |
c3 / d14 |
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jeremy bentham |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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1822 |
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10396 |
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