JB/037/361/002

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1824. Oct. 5
Constitutional CodeCh. VI. Legislature
§. Legislative Enquiry Judicatory

Rationale
Observations or Instructions to the Legislators.

If all that all take a part in the judgment have not been present at the
extraction of the oral part of the evidence it may be better that none were:
such is the advantage possessed by the present as compared with the
absent.

To committ the power than it can collection of evidence as a ground for
its own proceedings has not perhaps been the practice
representative Legislator in any State. It has not in the English. It has
not in the Anglo American States.

That the person or persons by whom a discrimination
grounded on a mass body of evidence is made should be the
same person or persons as those by whom the evidence has
been collected is as far as practicable without preponderant
inconvenience for the consumption of time is obviously and incontestably
desirable. Accordingly in England and elsewhere
such where the importance of the case is regarded looked upon as was warranting
the consumption of so much time such has been the
practice in both branches of the Legislature. But Two however
are have been the cases instances in which any such sufficient warrant has been regarded
as being. In all ordinary The resource has therefore been to committ transfer
this function to a comparatively small proportion of the
population of the whole body, under the name of a Committee.

Had universality of attendance been regarded as taken for in an
object of desire and endeavour no such delegation could have had place.
But this it has not as yet been anywhere: employing operating on
this occasion by Special Committee has accordingly been everywhere the
resource.

When all that who judge do not take part in the collection
of the evidence – whom of those who judge there be any considerable
portion who have not from beginning to end taken part in the
collection of the evidence what seems most favourable to justice is
that of those who by their vote take part in the formation of the judgment, there
should not be any one who had taken part in the collection
of the evidence: so great on the occasion of forming a judgement is the advantage of having been witness
to the delivery of the evidence that is to say the part orally delivered part
on which the judgment is to be grounded: and that accordingly
this function should be
committed to persons
one or more by whom in
the formation of the a judgment
no part is was to be borne.

Identifier: | JB/037/361/002 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1824-10-08	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	361	Info in main headings field	constitutional code
Image	002	Titles	rationale
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	11576
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