JB/042/239/001

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1825. Nov. 4. J
Constitutional Code ++ Copd

Ch. XII. Judiciary collectively
§.3. Judicatories — their grades

3

Ratiocinative
Art. 7. Question 3. Why not more than one

Not, as per
of several modes of change, all of
them capable of having place,
reversal is but one: let in the
service others and see what
endless confusion, with addition of
expence delay and vexation will
be let in with them

Suppose in the
decree of the Judge Immediate
confirmed
by that of the Judge
Appellate, and reversed
by the Judge Super
Appellate: what
assignable ground can there be in
this case for confidence
in the aptitude justice of the
decree thus pronounced
by the Judge Super Appellate

Answer. — Reasons —

1. Because of the vast increase of expense, vexation,
and delay, and vexation vexation, without any adequate degree of probability
of appropriate aptitude on the part of the ultimate
decision; and therefore on the part of the people, without any correspondent
confidence on the part of the people.

By an and
secret understanding confederacy
between the Judge Immediate
and the Judge
Super Appellate the
security afforded, as
per Art by the jurisdiction
of the Judge
Appellate might would be
extinguished.

2. Say another without any such increase. To come to particulars. For
suppose, instead of two such grades, three. From the
Immediate Judge, appeal to a Judge Appellate; from
the Judge Appellate, appeal say to a Judge Super-Appellate.
Suppose now the decision of the Immediate
Judge confirmed by the Judge Appellate; then reversed
by the Judge Super-Appellate. Here then
are in favour of the decision two voices — say
accordingly two chances; — in disfavour of it but one: the consequent
result is that it is reversed. Of The applaptitude of Super-Appellate
Judge the appropriate aptitude in all its several branches, has more chances in its favour than that of
either of his two inferiors subordinates. True: but has it more than
both of them put together? for, if, in respect of length
of triedness he has the advantage over both his
subordinates, still has his immediate subordinate
the Judge Appellate no inconsiderable show stock of
that desirable quality: and thus, by from the vast addition[+]
[+] made to the expence delay
and vexation by this addition
of a third grade
to the machinery, no
more grades etc other addition
would be made to the probability of
rectitude of decision
than that which
would be
made by
the difference between
the lesser degree of appropriate
aptitude on
the part of the Judge
Appellate, and the
supposed greater
degree on the part
of the Judge Super
Appellate.

Think now of the confusion and denial contempt of the ends
of justice which have place in the case of the
Scottish Judicature, in which in those classes
of non-penal suits which are regarded as of
the highest importance, appeal may have
place in six or seven grades one above
another.+(a)

Note (a)
+ See letter in or Morn. Chron.
at the latter end of Oct. or beginning of Nov. 1825.

Identifier: | JB/042/239/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1825-11-04	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	239	Info in main headings field	constitutional code
Image	001	Titles	ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13162
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