JB/035/203/001

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30 May 1808

It is in the nature of such a regulation to this effect to be resented
and opposed as an injury to the profession: and f that for on
several causes accounts.

1. The In the first place it will substitute obligation to that
arbitrary power, the possession which in England is so convenient to the
Judge.

2. It will subject expose the Judge to a danger certainly
not of frequent occurrence, but at all times possible,
to a certain degree of ill-will relative discontent and unpopularity on the
part of a Jury to whose errors it has happened to expose
resistance, and thence to such other individual
to whom on this occasion it may have happened to side
in opinion or affections with the Jury.

3. In the third place it will as often as it shall happen to
any such improper verdict, the endeavour to set the matter right
will take up such a
portion of the Judge's
time, as if the answer
as well as the parties
should happen to be
indifferent to him, it
may very well happen
to him to prefer employing
applying to some other
purpose.

4. In the fourth place
it will call for such
a portion of talent
and intellectual aptitude
in every shape, as
it may not have fallen
to the lot of every Judge
to possess.

5. In the next place it will deprive the professional
part of Judge's friends in the profession of a benefit of
many a new trial with the motion and whatsoever other
proceeding it may be to be prefaced by.

The effect that regards respects popular dissatisfaction as liable
to attach upon the Judge, has two faces. To a brother Judge
or other brother lawyer, the language of a Judge on this occasion
will be – this is putting us into a very situation
which at times may be very unpleasant to us.
To the legislator or the public – The tranquillity and
comfort of the people depend upon the opinion they entertain
of the wisdom and probity of their Judges rulers
in every situation, and more particularly in that of Judge.
Every arrangement therefore of which the effect tendency can be to
taken from that opinion in any the smallest degree on that account ought to be rejected
with indignation and at the first word.

Identifier: | JB/035/203/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-30	Marginal Summary Numbering	not numbered
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	203	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10796
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