★ Find a new page on our Untranscribed Manuscripts list.
Auto loaded |
No edit summary |
||
| (20 intermediate revisions by 2 users not shown) | |||
| Line 2: | Line 2: | ||
'''[{{fullurl:JB/008/021/001|action=edit}} Click Here To Edit]''' | '''[{{fullurl:JB/008/021/001|action=edit}} Click Here To Edit]''' | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
<p>1820 July 28. These the original from which another was copied.</p> | |||
<head>Emancipation Spanish</head> | |||
11<lb/> | |||
<p>[mark] 3. Part 4.<lb/> | |||
Letter 3. Appeals unendurable<lb/> | |||
(2) | |||
</p> | |||
III. Appeals intolerable<lb/> | |||
<p><del>21.</del> 8.<lb/> | |||
<del>From the expence of<lb/> | |||
both, denial of justice<lb/> | |||
to the side unable to<lb/> | |||
defray the expence: to<lb/> | |||
all but a very few.<lb/></del></p> | |||
<p><del>22.</del> <del>9.<lb/> | |||
By the expence, vexation,<lb/> | |||
and delay, burthen<lb/> | |||
grievous to these few.<lb/></del></p> | |||
<p><del>23.</del> <del>10.<lb/> | |||
By its effect on evidence,<lb/> | |||
great the chance it gives<lb/> | |||
to misdecision: great<lb/> | |||
the advantage to the<lb/> | |||
wrong side: to falshood<lb/> | |||
and deceit.</del></p> | |||
<p><del>24.</del> <del>11.<lb/> | |||
Witnesses not permitted<lb/> | |||
to follow the appeal,<lb/> | |||
evidence is sent to the<lb/> | |||
ultimate judicatory in<lb/> | |||
a bad shape to counteract<lb/> | |||
the effect of the same<lb/> | |||
evidence in the good<lb/> | |||
shape, in which it was<lb/> | |||
or sh.<hi rend="superscript">d</hi> have been presented<lb/> | |||
to the Judicatory<lb/> | |||
below. [The shapes<lb/> | |||
described]</del></p> | |||
<p><del>25.</del> <del><del>12.<lb/> | |||
Witnesses permitted<lb/> | |||
but not forced, the benefit<lb/> | |||
of furnishing evidence<lb/> | |||
is as to so much confined<lb/> | |||
to that party, if but one,<lb/> | |||
who can bear the expence:<lb/> | |||
and, besides the expence,<lb/> | |||
boundless the doors thus<lb/> | |||
opened to corruption.<lb/></del></p> | |||
<del>or<lb/></del> | |||
<p><del>Without corruption,<lb/> | |||
even without corruption,<lb/> | |||
the bad side may<lb/> | |||
triumph over the good,<lb/> | |||
by sending the only material<lb/> | |||
witnesses, or most<lb/> | |||
witnesses.<lb/></del></p> | |||
<p><del>26.</del><del>13.<lb/> | |||
3. Witnesses forced, power<lb/> | |||
of applying the force<lb/> | |||
is unlimited power of banishment<lb/></del></p> | |||
<p><del>or power monstrously<lb/> | |||
mischievous whether given<lb/> | |||
to public prosecutor,<lb/> | |||
defendant, or both.<lb/></del></p> | |||
<pb/> | |||
III. Appeals intolerable.<lb/> | |||
<p><del>27.</del> 14<lb/> | |||
Appeal given to defendant,<lb/> | |||
what is to be his condition<lb/> | |||
during its pendency?<lb/> | |||
<del>Employed</del> <add>Enlarged</add> without sureties,<lb/> | |||
he goes off with his effects;<lb/> | |||
if not without sureties, he<lb/> | |||
remains in imprisonm.<hi rend="superscript">t</hi><lb/> | |||
all the time, if he can not<lb/> | |||
find them. How, then, can<lb/> | |||
he attend to his cause?<lb/></p> | |||
<p><del>28.</del> 15 | |||
From an intermediate<lb/> | |||
decision, shall appeal be<lb/> | |||
allowed or not?<lb/></p> | |||
<p><del>29.</del> 16<lb/> | |||
The above being the least<lb/> | |||
extent that can be given<lb/> | |||
to appear, proportioned<lb/> | |||
must be the ulterior<lb/> | |||
mischief from every<lb/> | |||
ulterior extent.<lb/></p> | |||
<p><del>30.</del> 17<lb/> | |||
Cortes Election Appeal—<lb/> | |||
Disallow it, sole Election<lb/> | |||
Returning Officer. Allow<lb/> | |||
it comes the expense<lb/> | |||
delay and vexation, and<lb/> | |||
the intolerable grievance<lb/> | |||
about Witnesses as above.<lb/></p> | |||
<p><del>31.</del> 18.<lb/> | |||
The more <del><gap/></del> witnesses,<lb/> | |||
the more time<lb/> | |||
consumed in enquiries,<lb/> | |||
each trifling, all indispensible.<lb/> | |||
What the judicatory?<lb/> | |||
1. the whole Cortes?<lb/> | |||
time for nothing else.<lb/> | |||
2. Committees? Members<lb/> | |||
time is thus consumed<lb/> | |||
in irrelevant business.<lb/></p> | |||
<p><del>32.</del> 19.<lb/> | |||
An extraneous judicatory?<lb/> | |||
this the least evil if<lb/> | |||
named by the Cortes, single-seated<lb/> | |||
and public.<lb/> | |||
Thus only, responsibility<lb/> | |||
better than an empty<lb/> | |||
name.<lb/></p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
1820 July 28. These the original from which another was copied.
Emancipation Spanish
11
[mark] 3. Part 4.
Letter 3. Appeals unendurable
(2)
III. Appeals intolerable
21. 8.
From the expence of
both, denial of justice
to the side unable to
defray the expence: to
all but a very few.
22. 9.
By the expence, vexation,
and delay, burthen
grievous to these few.
23. 10.
By its effect on evidence,
great the chance it gives
to misdecision: great
the advantage to the
wrong side: to falshood
and deceit.
24. 11.
Witnesses not permitted
to follow the appeal,
evidence is sent to the
ultimate judicatory in
a bad shape to counteract
the effect of the same
evidence in the good
shape, in which it was
or sh.d have been presented
to the Judicatory
below. [The shapes
described]
25. 12.
Witnesses permitted
but not forced, the benefit
of furnishing evidence
is as to so much confined
to that party, if but one,
who can bear the expence:
and, besides the expence,
boundless the doors thus
opened to corruption.
or
Without corruption,
even without corruption,
the bad side may
triumph over the good,
by sending the only material
witnesses, or most
witnesses.
26.13.
3. Witnesses forced, power
of applying the force
is unlimited power of banishment
or power monstrously
mischievous whether given
to public prosecutor,
defendant, or both.
---page break---
III. Appeals intolerable.
27. 14
Appeal given to defendant,
what is to be his condition
during its pendency?
Employed Enlarged without sureties,
he goes off with his effects;
if not without sureties, he
remains in imprisonm.t
all the time, if he can not
find them. How, then, can
he attend to his cause?
28. 15
From an intermediate
decision, shall appeal be
allowed or not?
29. 16
The above being the least
extent that can be given
to appear, proportioned
must be the ulterior
mischief from every
ulterior extent.
30. 17
Cortes Election Appeal—
Disallow it, sole Election
Returning Officer. Allow
it comes the expense
delay and vexation, and
the intolerable grievance
about Witnesses as above.
31. 18.
The more witnesses,
the more time
consumed in enquiries,
each trifling, all indispensible.
What the judicatory?
1. the whole Cortes?
time for nothing else.
2. Committees? Members
time is thus consumed
in irrelevant business.
32. 19.
An extraneous judicatory?
this the least evil if
named by the Cortes, single-seated
and public.
Thus only, responsibility
better than an empty
name.
|
Identifier: | JB/008/021/001"JB/" can not be assigned to a declared number type with value 8. |
|||
|---|---|---|---|
|
1820-07-28 |
8-19 |
||
|
008 |
emancipation spanish |
||
|
021 |
emancipation spanish |
||
|
001 |
iii appeals intolerable |
||
|
marginal summary sheet |
1 |
||
|
recto |
e2 / f11 |
||
|
john flowerdew colls |
[[watermarks::[prince of wales feathers] i&m 1818]] |
||
|
arthur wellesley, duke of wellington |
|||
|
1818 |
|||
|
[[notes_public::"this the original from which another was copied" [note in bentham's hand]]] |
3125 |
||
