JB/035/172/001

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27 May 1808 4

Dark as are the colours in which happily inessential this part of the
institution presents itself to a general and distant glance,
on a closer inspection they will not be found to brighten:
on a nearer view

If the effect of the compulsion are confined to the
suppression of the opinion of the minority, the majority opinion of the
constituting the decision as it would do of course without the compulsion,
here would be the torture, here would be the lying
here would be the perjury, all of these enormities them perfectly useless,
but here would not be the false verdict with the false
judgment pronounced in consequence.

But though it probably is frequently in many <add>instances cases it is probably</add> thus unless
and not so probably in most instances, there can
be no apearance of its being so in any. If in
one point of view the most probable case is that the
opinion thus declared to be the opinion of all is conformable to the
opinion of the majority, greater in another point of view the
most probably case is that it is opposite the opinion of the smaller number.
Suppose the produced before the examiner Jury
Justice begins to speak, the probability is that the opinion
declared is the opinion of the majority: because under
these circumstances a margin of this or of any other
kind is sooner produced on the part of a smaller than
on the part of a larger greater number.

But suppose the decision verdict to have waited till the
tribune has had time to operate: now here the probability
is on the other side: for when torture is to be undergone,
and that on the part of ever the greater number of the
patriots the resolution to undergo it produced by the finest
motives, it is easier to find a smaller than to find a greater
number. possessed of this and degree of fortitude.

Identifier: | JB/035/172/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-27	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	172	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10765
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