JB/042/354/001

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1824. March 1825 Nov. 3. ++ 1827 Nov. 15
Constitutional Code.

Ch. XII. Judiciary collectively
§.15.13 Justice for the poorest Helpless

When indigence on defendant's
side, law a positive
instrument of the evil.
A tyranny in which part
taken by Legislator & Judge
more direct.

Instructional
Art. 8. Thus far, as to the mode in which the
evil is produced, where the indigence is on the Pursuer's
side. In so far as it is on the Defendant's side,
the power of the law is an the instrument of the evil, not merely in a negative,
but actually in a positive way. the grand instrument by the operation
of which the evil is produced. In this case, any
person who, finding himself in a state of relative opulence chooses to take for
this purpose a station on the pursuer's side, is thus
by the power which the legislator and the Judge offer to his hands,
enabled to inflict, on every person, relatively indigent,
whom he has any desire thus to injure, suffering in
any shape, in which, on any occasion, on the score against a demand requiring it to be
submitted to, whether on the score score of alleged guilt or otherwise, he is, by want of the
necessary pecuniary
supply, bereft of
the means of
of guilt or otherwise, and person is empowered by law
of making what would be regarded a satisfactory defence.
. Here then is a tyranny, of which the
powers of the Legislator and that of the Judge, are in
a more direct way the instruments.

Also original & incidental
but in both cases judicial

Instructional
Art. 9. In this case the distinction between the original and the incidental
evil, as above, has place likewise. In neither
case, however, can it be termed extrajudicial:
in both cases, it is strictly and purely judicial: the power of the in both cases it is
exclusively of legal and judicial manufacture: with by the express ordinance, or what comes
to the same thing, by
the tacit allowance
of the legislator, the
power of the Judge
Judge being the very and only instrument by which
it the evil is produced.

Even when positive proof
requisite — result the same
when too indigent to produce evidence
to prove innocence — or
prosecute for paying.

Instructional
Art. 10. An exception may appear to be presented, by those cases above excepted, in which,
for conviction, positive proof of delinquency is
made necessary, the circumstantial and negative
proof afforded by non-appearance or non-defence not being taken
for conclusive. But, even where positive proof
is thus made requisite, the same disastrous consequence may be
the assured foreseen and assured preassured result of relative indigence.
In the case of a criminal prosecution the innocence
of the defendant is capable of being proved would be made manifest (suppose) by the true and conclu conclusive
evidence, if produced: but, the production of it can not be effected
without expence, and he has not wherewithal to defray that
expence, much less to defray the expence of a prosecution, as for perjury
against
against false witnesses
if engaged, on the pursuer's
side. In this condition,
every adversary who is
profligate enough to be
ready to take advantage
of it, beholds in him a
victim, to whom escape from slaughter destruction is impossible.

Art. 11.

Identifier: | JB/042/354/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-03	Marginal Summary Numbering	8-10
Box	042	Main Headings	constitutional code
Folio number	354	Info in main headings field	constitutional code
Image	001	Titles	instructional
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner		Watermarks	j whatman turkey mill 1824
Marginals	richard doane	Paper Producer	admiral pavel chichagov
Corrections	jeremy bentham	Paper Produced in Year	1824
Notes public		ID Number	13277
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