JB/034/227/001

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1823. Novr. 10
Constitutional Code

When once it is established that there ought to be
two sets of Judge Judicatories one above another, it is better
that those who have had most experience should sit in
judgment over those who have had the least, than those who
have had the least over those who have had the most.
But rather than there should not be two different sets
those of one set sitting in judgment over the acts of those
who have have acted in the first instance better thatrather should Appeal in particular cases go from the Appellate
to the Immediate Judicatories, than that there should
be no Appeal from the Appellate; than that there should
be any Judge whose proceedings, with a power of eventual
correction, there should be no other judge to take cognizance.

Not having had the faculty advantage of hearing the orally extracted
evidence, while the Immediate Judge has had
that faculty, the Appellate Judge is therefore employed empowered
it may be observed to reverse the decree of the Immediate
Judge in respect of the matter of fact, although his means
of coming at the truth are so much more less efficient:,
and as the Public Opinion Tribunal at large is so circumstanced
as not to have the possibility of availing itself
of those superior means any more than the Appellate to
whom those means are denied why not leave the power
of determining the fate of the cause in the hands of those
whose means for forming a right judgment are so much
superior to any that can be employed either by the
Judge above or by his the ultimate superiors of the highest
grade – the possessors of the Constitutive authority in their character
of members of the Public Opinion Tribunal?

Identifier: | JB/034/227/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-11-10	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	227	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10501
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