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1826. Augt. Sept. 3
Constitutional Code.
Ch. IX §.16 Supplement
Addition to the Note ending at p.65.
In the formation of the immediately acting it list
a sort of Awning in superficial appearance gauze veil, with the a colouring of chance
upon it, is thrown over the packing machinery, as above. But
the original list, out of which this immediately acting list
is thus selected has to be packed, by whom, and how is it to be formed? Answer.
By a member of the Aristocracy, named every year by the King – the
Sheriff. This, per § 13, 14, without disguise. And, lest this original garbling
should not suffice, by whom are these is this garbled list to be regarbled?
Answer. By the very Judicatories, whose power of garbling was
the subject of the complaint grievance, to which this statute is the
pretended remedy: for, by §.20, all the great criminal Courts,
commencing with “the King’s Bench,” are expressly confirmed in the power
of doing as whatever they please in regard to the selection of Jurors, “in
"manner heretofore used and accustomed”... by “order, orally
"or otherwise .... amending or enlarging the panel of Jurors returned
"for the trial of any such issue.” And this heretofore known and
accustomed manner – supposing the existence of any possibility of knowing it, to
by whom is by thisthis possibility possessed? By the lawyer who Judges, and
by them alone: by the lawyer Judges who on each occasion individual
occasion, cause it to be which whatsoever best suits their purpose.
Thus, by this Statute is the grievance aggravated to
the very uttermost: and the Jury system – the only supposed
check to despotism – and if it were indeed a check the only check to by
law established – converted, from a feeble and most imperfect check, into a
most powerful instrument.
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