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1820 October
The copy of this will be on p. 13 of this copy: as thise
matter of this page comes immediately after p 12 of the copy.
To make a full any thing like a compleat statement
of the grounds of this above manifested persuasion would require a fully develop compleat
volume: it would require a compleat exposure of <add>the system of those same inviolable laws:
exposure of the system of laws under which have been
But to ca for the production of a justification of that such a persuasion to
, one single fracture in that system is quite sufficient
and that is the secrecy impermeable darkness in which the whole procedure has is
been enveloped. 4
1
You have seen already
the use and reason of that darkness.
It is to enable a man
In Spain a man must
be more or less than
man, if he does not
put it to this use.
For Spain, put Portugal
Italy, Germany: — many Take
any country where Rome —
law reigns, the
case will be little varied.
I am speaking of such secrecy
Where there is no publicity
(I speak of judicatories)
truly there is no justice.
There is Aappropriation, depredation
corruption — every
thing but justice,
all that there is — every
thing rather than justice.
Publicity in In the
pleadings of advocates,
here and there are
instances perhaps, you
will see publicity admitted.
In Pleadings: yes: but upon
what ground? upon the
ground of the evidence
garbled manufactured at pleasure
under the veil of secrecy:
the evidence offense
of the cause thus corrupted
in its vitals part, and
in the judicating all
sense ofresponsibility destroyed: destroyed
— the thing itself,
by the multitude and the scores of the
Judges.
In Spain as in any other country
At a stage at which, by forming a sort of partial record
in which the operations of the Judge have been wrapped up
how inadequate so ever to the first and cause an Ingarbled public, the multiplicity
in darkness. I see the reason of that darkness
of Judges might be of more of less use, supply some restraing to corruption being , than it stands excluded:
enables the man of his of all classes to persue with recess
in the stage at which it can be of no such use, that is the
and impunity the way of evidence which, at the expense
stage at which it is admitted. By the presence of almost any man
of so much time to form to into and perfect, it has
much more by the presence of a colleague, one invested with equal
him written which to disavow: In return for less The whole return
authority, a man Judge might be deterred from any such palpable
for his moments from which I have made the
injustice, as the putting an ungrounded exclusion upon a witness
or suppressing or falsifying any part of his evidence. But where,
profit which and their endeavour this has being seen
In for his minutes I call by bar to present the heard gentleman
I rather be have to present how with another: and thatan
that is the man where purposes puffer fined in being it is to yield himself
an inviolably obedient star: to the I mean these purposes to which he or
even desired by him the <add>gallant and learned gentleman to be assured of his superiority, it is pref as less
as quite as easy to profess make profession of such superiority as to him who really possesses
it: and that the stronger the circumstances much stronger the evidence afforded <add>stronger the evidence which his conduct
evidence is which depen by his own conduct afford in his favour, the less have a
further is a man from any need of searching to belit in support of it
it by in evidence evidence to as is that of the testimony of Tolius>
depossing to the general probity of the of that same Tolius.
after a decision p already pronounced by one judicatory, a question
comes in the way of appeal before another, and that other a many-seated
one, there is nothing to hinder any one member of it from giving
to his vote the direction, whatever it be that corruption indicates. As to fear of divulgation
there no place for any such thing. How should this be ? - there is nothing to divulge.]
So
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