JB/041/189/001

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1823. Octr. 22
Constitutional Code. 1. Enactive Part Ch. Quasi Jury
§.

But to what end is it that to the in the breasts of the person in question
the endeavour is to secure impartiality with reference to the
Judge? only that by that means impartiality in all the
breasts of both classes of functionary impartiality with reference
to the parties in each suit may the more effectually
be secured.

Here Note here and before descending into any ulterior
explanation of detail with reference to the Judge what is
directly immediately conducive to the purpose is – not actual impartiality
but on the part of the Judge ignorance of in relation to the state of minds
on the part of the functionaries in general whose office is by
means of their power to help serve as a check to his. What
is looked for at their hands is – that in the event of his proceedings
taking in any instance a sinister course, they in their
quality of members of the a Committee of the Public Opinion
Tribunal should give information of it to that paramount
though uncommissioned judicatory. Supposing as that in his power
no such prevarication ever has to will take place, their ministry
being needless or useless. But, setting aside this their
ministry, no probability has can any such supposition have
for its support: misdec by indolence and carelessness misdecision may as easily and in the theatre perhaps more frequently than
by any active cause of divarication. What is more
even were no such carelessness really has place, it
may by bystanders and thence by the people at large naturally and not
altogether without reason be supposed to have place. By
a Judge of strong natural talents faculties and long continued
experience, the difference between diagnostics differential character of truth and falshood in testimony
may be perceived and laid hold of with signal promptitude
and for on an indefinite number of occasions without
any actual error. At the same time if the judgment of the surrounding
audience do not either unanimously go along with
him his or implacably follow
him, the consequence is
that which rectitude of decision
is the real result,
misdecision will in their
eyes be the apparent result,
and instead of a the sense of security correspondent to the actual result, a sense sentiment of insecurity correspondent to the apparent result, will in a greater or less proportion
be diffusing itself.

Identifier: | JB/041/189/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1823-10-22	Marginal Summary Numbering
Box	041	Main Headings	Constitutional Code
Folio number	189	Info in main headings field	Constitutional Code I Enactive Part
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	D2 / E2
Penner		Watermarks	J WHATMAN TURKEY MILL 1822
Marginals		Paper Producer	Jonathan Blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	001
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