JB/106/384/001

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39
Duplicate
from 10 43
1828 July 23

To exclude partiality & all suspicion of it it should be
a declared object of endeavour to keep the Judge clear of all local
connection in the way of interest or sympathy, hence it should be a
general rule that no Judge should continue such in any one district
for any long time, say for more than 3 years, nor be appointed
Judge in any district in which he already has connections of a
certain description, to be specified, & his being known or suspected
to have subsequently formed any such connections, may be stated
as warrantable grounds for a proposition for his displacement as
above, but no such connection should be stated as a necessary
official cause for his displacement & provision might be made
by means of which, in pursuance of a desire not much short of
universal, expressed by his justiciables, his continuance in that
district might be prolonged.

As to the composition of the Jury the exclusion of 2 evils
viz partiality to the prejudice of the party in the right, vexation by
attendace, to the injury of the Jurors themselves will be the leading
ends in view. To secure a majority the number should in every case
be odd: less therefore than three it can not be. The greater the number
more than 3, the more extended the vexation. For securing
impartiality & this far appropriate moral aptitude, not indeed
to a certainty that being impossible, but the best possible chance in
favor of it, appointment by lot, (provided the numbers of those
included in the Lottery be sufficiently ample & indiscriminately taken)
will suffice: for augmenting the chance of intellectual aptitude viz
Knowledge & judgement, the following course may be taken — the
whole number of individuals in the district liable to Jurors
divide into 1 classes viz the more erudite & the less erudite: for a
Jury of 3 take one from the more erudite class; to the influence of
understanding on understanding, where moral inaptitude is not suspected,
trust for his opinions being taken as a guide by his less erudite
colleagues.

The class of persons in which it is desirable that Judges
be chosen, is that of Judge-disputes as above — viz such by which in
the discharge of that function, the highest degree of appropriate
aptitude, in its several branches has been manifested: the class of
persons in which it is desirable that Judges should not be chosen in

Identifier: | JB/106/384/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1		Marginal Summary Numbering
Box	106	Main Headings	constitutional code
Folio number	384	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f39
Penner	cc1	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"duplicate from p43 1823 feb 28"	ID Number	34972
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