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1831 Sept 20
Const Code
Ch. XXV Justice Minister
§5 Dispunition
25
Usurped thus by the
Clerk and the Judge
is legislative power.
26
If for such impunity
no English judge ever
received a bribe, causes
these—
1. Criminal saw no
prospect of success — or
2. To the Clerk the bribe
was given: or...
by regard for reputation
or fear of prosecution
judge was deterred
form acceptance:
of prosecution, punishment
no judge
would be suffered to
receive if desirous:
cause, community of
sinister interest and
sympathy: whereas
by these aristocrats
impunity has always
been recurred to one
another, in grades
subordinate and superordinate
for all
official crimes.
27.
1. Authors the higher
judges. Inducements
arbitrary power:
life and death included:
not wonderful
unwillingness to part
with it.
---page break---
2. At his ease in the judge:
the flaw he allows or
disallows: for allowance
his humanity is praised
for disallowance, justice.
28.
Source of profit more
substantial, multiplication
of crimes: renumeration by fees,
to judge or subordinate
in an Office of which
he has the patronage,
the more crimes the
more prosecution:
the more prosecutions,
the more fees.
29.
Such the force of custom
and habit in
expelling shame, no
judge scruples to avow
the deciding on grounds
foreign to the merits.
See Petition for Justice
&c.
30.
One day corruption
discorrupted and
eyes opened, what
will men think of
judges who could act
thus, legislators who
could leave them
unpunished, people who
could continue submission?
31.
III Grounds for
— a Ground what —
a justificative fact evidenced
as facts for
conviction are.
---page break---
32.
Under this Pannomion
proof appropriate is
not less necessary to
remission than conviction.
In both cases
alike requisite is
proof of addition to
happiness.
33.
According to the abodes
of evidence holders, Justice
Minister will cause complete
the inquiry by himself
or judge's immediate
of the several judge-shires
34.
Not less incontrovertible
is the need of evidence
when to Prime Minister
this power is committed:
but the appropriate
evidence Prime Minister
has already in hand.
35.
As to relative time,
secured, till after conviction
will application
be made for
remission. Acquittal
expected, application
in is confession of guilt;
consequence loss of reputation.
Conviction
expected still better
take the chance to
the last — a necessary
witness may die or
absent himself.
Sole case where ante-
convictional remission
may be desirable,
elicitation
thus prevented and
reputation saved
from wound inflictible
& particular circumstance.
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