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JB/118/448/002

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10 April 1809
Pref

One proposition of the learned Judge – viz. that the causes
in the Court of Exchequer are of a nature quite peculiar
to themselves – may I confess be admitted to be an indisputable
one: and to such a degree material, that were it for setting aside
the facility given to corruption, and the the open violation decided contempt
put upon
of the law by those learned persons who are so well paid for executing it,
I should see little if any inconvenience in the present practice.
It does not appear to me to be in human nature, or
at least in human nature as moulded into form in this
country, for the head servants ministers of government to prosecute
men as for smuggling or any offence of that nature, without
believing him being persuaded of his being guilty, nor does it appear to me in a case of the sort in question
should I expect to find a persuasion of that effect fall
upon a man altogether innocent.

But the causes, which called for the view of here above
given of the system of standing Juries, were not the causes
by which a learned and authoritative a defence of that system
has been called forth viz. revenue causes – they were libel causes.

In those causes of the two contrasted dangers above brought to view the danger of corruption exists
on my part not the smallest apprehension: and this
as well because for the occupation of a libeller is not a permanent one
occupation like affording funds for corruption, like that
of a soap-maker or distiller, nor on the part of
a defendant would corruption have, any in this or that
particular case, any other effect, than that which, without
being either corrupter or corrupted, it is my aim endeavour in this
shape to bring to bear on all cases.


Identifier: | JB/118/448/002
"JB/" can not be assigned to a declared number type with value 118.

Date_1

1812-09-13

Marginal Summary Numbering

Box

118

Main Headings

panopticon

Folio number

448

Info in main headings field

to ld sidmouth

Image

002

Titles

Category

correspondence

Number of Pages

1

Recto/Verso

recto

Page Numbering

b14 b2 / e2 e14

Penner

jeremy bentham

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

[[notes_public::draft; not included in letter 2190, vol. 8; "omitt at least at first" [note in bentham's hand]]]

ID Number

39502

Box Contents

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