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1826. May 17.<lb/>2<head>Penal Code</head><lb/><note>Ch. VI. Offences affect<add>g</add> use of prop.<lb/>§. 10. Stealing</note><p>other</p><p>But even if the propriety of this principle were<lb/>admitted, <del>it would not warrant</del> upon examination, it<lb/>would not be found to be susceptible of application<lb/>in this case. In this same practice very few<lb/>are the gradations of punishment admitted between<lb/>absolute impunity and death. On the other hand,<lb/>prodigiously numerous are the cases in which<lb/>this supposed faculty of <gap/> has been<lb/>supposed to be observed and cases accordingly<lb/>grounded on them. The consequence has been &amp;<lb/>would continue to be, a sort of auction on the part<lb/>of the proposers, of the correspondent extraordinary degree<lb/>of protection, for their respectively favourite and favoured<lb/>articles. And so large are the sums respectively<lb/>required to be added in order to constitute a bidding,<lb/>that before the hammer can <add>fall</add> be knocked <add>struck?</add> down, the<lb/>bidding is presently up to the mark of death.<lb/>The man of whom legislatures are composed have neither<lb/>appropriate knowledge, sound judgment,  nor social<lb/>feeling. The men of whom juries are composed being<lb/>taken from the mass of the subject many have neither<lb/>adequate appropriate knowledge, or sound judgment,<lb/>but they have social feeling. By this same feeling<lb/>they are <add>very</add> generally disposed to <gap/> in the character of jurymen their <gap/> to<lb/>the execution of the laws. This they cannot do without the expense of perjury; led by<lb/>the judges, by whom, in regard to the proceedings of jurors, the directive function is exercised, give the<lb/>most positive and urgent encouragement to perjury in this case, that with lugubrious and <gap/><lb/>countenances, after <gap/> the fees they may have to protect in other cases.</p>
<head>1826. May 17.<lb/>
2. Penal Code</head>


<note>Ch. VI. Offences affect<hi rend="superscript">g</hi> use of prop.<lb/>
§. 10. Stealing</note>
<p>other.</p>
<p>But even if the propriety of this principle were<lb/>admitted, <del>it would not warrant</del> upon examination, it<lb/>would not be found to be susceptible of application<lb/>in this case. In this same practice very few<lb/>are the gradations of punishment admitted between<lb/>absolute impunity and death. On the other hand,<lb/>prodigiously numerous are the cases in which<lb/>this supposed faculty of <gap/> has been<lb/>supposed to be observed and cases accordingly<lb/>grounded on them. The consequence has been &amp;<lb/>would continue to be, a sort of auction on the part<lb/>of the proposers, of the correspondent extraordinary degree<lb/>of protection, for their respectively favourite and favoured<lb/>articles. And so large are the sums respectively<lb/>required to be added in order to constitute a bidding,<lb/>that before the hammer can <add>fall</add> be knocked <add>struck?</add> down, the<lb/>bidding is presently up to the mark of death.<lb/>The man of whom legislatures are composed have neither<lb/>appropriate knowledge, sound judgment,  nor social<lb/> feeling. The men of whom juries are composed being<lb/>taken from the mass of the subject many have neither<lb/>adequate appropriate knowledge, or sound judgment,<lb/>but they have social feeling. By this same feeling<lb/>they are <add>very</add> generally disposed to <gap/> in the character of jurymen their <gap/> to<lb/>the execution of the laws. This they cannot do without the effects of perjury; letting<lb/>the judges, by whom, in regard to the proceedings of jurors, the directive function is exercised, give the<lb/>most positive and urgent encouragement to perjury in this case, that with lugubrious and some<lb/>countenance, after pocketing the fees they may have to pocket in other cases.</p>


<note>N.B. The same man as juror<lb/>would perhaps forbear to<lb/><del>execute</del> <add>apply</add> the law which he<lb/>had made as a legislator.</note>


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1826. May 17.
2. Penal Code

Ch. VI. Offences affectg use of prop.
§. 10. Stealing

other.

But even if the propriety of this principle were
admitted, it would not warrant upon examination, it
would not be found to be susceptible of application
in this case. In this same practice very few
are the gradations of punishment admitted between
absolute impunity and death. On the other hand,
prodigiously numerous are the cases in which
this supposed faculty of has been
supposed to be observed and cases accordingly
grounded on them. The consequence has been &
would continue to be, a sort of auction on the part
of the proposers, of the correspondent extraordinary degree
of protection, for their respectively favourite and favoured
articles. And so large are the sums respectively
required to be added in order to constitute a bidding,
that before the hammer can fall be knocked struck? down, the
bidding is presently up to the mark of death.
The man of whom legislatures are composed have neither
appropriate knowledge, sound judgment, nor social
feeling. The men of whom juries are composed being
taken from the mass of the subject many have neither
adequate appropriate knowledge, or sound judgment,
but they have social feeling. By this same feeling
they are very generally disposed to in the character of jurymen their to
the execution of the laws. This they cannot do without the effects of perjury; letting
the judges, by whom, in regard to the proceedings of jurors, the directive function is exercised, give the
most positive and urgent encouragement to perjury in this case, that with lugubrious and some
countenance, after pocketing the fees they may have to pocket in other cases.

N.B. The same man as juror
would perhaps forbear to
execute apply the law which he
had made as a legislator.



Identifier: | JB/067/329/001"JB/" can not be assigned to a declared number type with value 67.

Date_1

1826-05-17

Marginal Summary Numbering

Box

067

Main Headings

penal code

Folio number

329

Info in main headings field

penal code

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

a2

Penner

john neal

Watermarks

j whatman turkey mill 1824

Marginals

Paper Producer

jonathan blenman

Corrections

Paper Produced in Year

1824

Notes public

ID Number

22162

Box Contents

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