JB/106/363/001

Click Here To Edit

1823. Feby. 27.

Now as to the plan I will would propose for a Judiciary.

To 1. The whole territory of the State, say on the present
occasion Greece, I will would divide into Judicial Districts: the
number, of course, not a present determinable: each such
judicial district into judicial sub-districts, for the demarcation
of which, extent of territory and of population should
conjunctly be taken into account.

For the sake of simplicity and uniformity, and for a further reason that will soon be visible, the limits of these several
Judicial Districts shall should be the same as those of the
several Election Districts, by each of which, a member is
sent to the Legislative Senate. The limits of the several Judicial
Sub-districts, may perhaps be the same with those of the several
election sub-districts, into which it may be convenient that
the Election districts be divided, for the purpose of collecting, at so many voting offices, the several parcels of votes, which
are from thence to be transferred altogether to the Election district
voting office, at which the aggregate number of the votes
given in that district are collected, sorted, and counted.
Whether, in any and which of any of these Judicial Sub-districts, there
shall be any ulterior divisions of these Judicial sub-districts
into Judicial Sub-sub-districts, must remain to be determined
by particular local considerations. Of For these Judicial
districts, the only source of division I should employ, is the territorial;
no such source as that which has so generally been employed,
and which may be termed the logical or metaphysical:
a source taken from the nature of the Judicial business
done: no such division, for example, is there as that between civil
and penal suits or causes,⊞ ⊞ Or that between civil and ecclesiastical suits or causes between commercial or and non-commercial
suits or causes: no such division as that in the under English
Law, and thence under the English-bred Law of some of
the Anglo-American United States, between Law cases
and Equity cases. Reason. From any such principle of division,
spring two great evils: One is, needless and useless addition
to the number of Judicatories: the other is, in the
case of this or that suit or cause, doubt and contestation,
to the cognizance of which of two or more Judicatories it
appertains. To this general rule, a few exceptions, but to no
very considerable extent in the aggregate, will be of necessity
suggested by the peculiar circumstances in which
some classes of public functionaries find themselves placed. For

Identifier: | JB/106/363/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1823-02-27	Marginal Summary Numbering
Box	106	Main Headings	constitutional code
Folio number	363	Info in main headings field	greece jb's observations on particular articles
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / e28 / f37
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	cc1	Paper Produced in Year
Notes public		ID Number	34951
Box Contents