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I care very little whether the institution be
Gothic or not Gothic Mecannic Too much time is
always thrown away in flourishing upon these foreign
superficial and irrelevant topics of declamation
The question is what it is now we have
it, and what are it's effects, not whence
we had it, nor who gave it us: what is the in what proportion
benefit of it are the probable benefit, and disadvantages of it
now, not what they may have been formerly.
My sentiments of it would be just the
same, for the objections I have pointed out
to it would be just the same, were I to
know, that it was established by the
joint consultations of a Milton, a Hampden,
a Sidney a Russel, a Holt, a Nale, a Marvel a
Clarendon, a Falkland and a Somers:
I should as
If the probable effects of it are salutary,
I should expect some better reason for
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arrogating it, than that it is Gothic:
If [the probable effects of it are] mischievous,
[I should expect some] a better
reason for retaining it than that it is
ancient It is time to relinquish these beaten commonplaces: which conclude nothing and but leave every thing as they find it. which say every thing to men's prejudices, & nothing to their reason: which produce never make converts, and always make ill blood.
That by Appeal, like any other Mode of Procedure
is received as a means to an a double end: [an
end dividing branching itself into two branches according
to the] Punishment of the party proceeded against in the case
where punishment is would be for the benefit of
the community; Discharge, absolution where it would
not. Now That being the case there is one way of judging
of the propriety expediency of this mode of Procedure:
and there is no other but one: and that is by it's
subserviency to that end. To into
Which men take up with from a gross and superficial view of things: put into their mouths and from want of penetration: which they are glad to abandon, the moment a
clearer insight into things gives them a
view of the jugulum causae.
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12.
Singular that pardon this obstacle to pardon
should be endured in the most common
of the few cases in comparison where
the mischiefs of an inexpedious severity
are absolutely irreparable.
13.
Acquittal by Appeal, a bar to an
Indictment — hence an inlet to Frauds
14.
Hardship in the case of Duelling.
15.
If it is useful in the design, make it so in
the effect — remove all obstacles to the procedure,
and turn it into an Indictment.
16.
If Pardon wants no restraint is inexpedient
take it away —
17
If Pardon wants no restraint, take Appeal
away
18.
If pardon is expedient even upon the present
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footing but would be more so under certain
restraints, apply those restraints, and that is apply them directly
to pardon itself trust not to a checks which
either touches it not at all, or overthrows it
altogether — It were just as wise a Tis as if a man should go
contrivance to stop a run away horse, by
the firing of a cannon.
19.
If the road to Appeals were once to become
smooth and beaten, it would make a strange
revolution in the administration of Justice.
20
The applications made to restrain Pardon from
abuses must be applications ad vercundiam
not ad jus, ad potintium. That is all
the effect the institution has at present.
v. 8.
21
I conceive that in of
It Appeal supersedes the institution of a Grand Jury. + + Just as Information does: which is the great complaint against it.
22.
The supposed benefits of it are not supposed to attributed to it
extend but in any other case than after a pardon
upon a previous Indictment & conviction. But
it may as well be begun in the 1st instance.
APPEAL [BR][2
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Identifier: | JB/096/249/001 "JB/" can not be assigned to a declared number type with value 96.
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jeremy bentham |
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