JB/035/275/001

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7 June 1808

☞ Go on with Smuggling &c

Under such law under a rule of action so framed
will any man is there a lawyer that will come forward and controvert the propositions
that the preservation of the constitution – to which may be
added – and of every man that lives under it – depends
upon the readiness on the part of Jurors to give impunity
to delinquents?

The kind class of men who have made such law
– and who are so thoroughly contented with it and
so ready at all times to defend it – can are would they, in any
instance be to be depended upon for not executing it?

But for Juries, the hand that men, to so little
purpose is occupied in the tracing of those laws, would
no more have desired to do so so to occupy itself, than in presenting a
manifesto signed by Louis Lewis the 18th to the hand
of Bonaparte.

While definition, and that by the rightful and
acknowledged legislator – while the only means instrument of certainty
and safety is refused, arbitrary power in
one set of hands will afford the only refuge against
arbitrary power in another. In the hands of Judges
arbitrary power leaves no chance, in the hands of a
set of twelve newspaper readers chosen by Chance and invested with the power under the name of Jurymen
there will be all always some chance: and that chance
is at all times what they please to make it.

For my own part, were I a Juryman being
blessed with a patient stomach, were I a Juryman
– untill I know from the King in Parliament – the
only legislator I know of – or will ever acknowledge
under that title what a libel is was in such sort that
all mankind, but the dishonest only should be punishable
as libellers – no man should ever be convicted of being a libeller, while I was were in the box.

Identifier: | JB/035/275/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-06-07	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	275	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10868
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