JB/034/052/001

Click Here To Edit

1823. Sept. 8

Constitutional Code

87.
6. Number magnitude
of it. Sense of responsibility
by Pub. Opin. Trib.
impaired by it.
Effects are purely evil.

88.
1. As to main end –
rectitude of decision.
No contribution to it:
decisions depend not
upon opinions, but wills.
By pertinacity of any
one, the eleven others.

89.
True, in public, opinion
is thus produced
that as the number, so
is the probability of
rectitude: consentients
12; dissentients, 0: but
how erroneous has
been seen.
Here, Judge on whom
alone the issue of the
suit rests, is but one:
and the Quasi Jurors
are, each for his own
part, individually responsible.

90.
7. Secresy of deliberation.
Here, seen already, useless
this: how far useful,
then, is a question
rather curious than
useful.
Useless here: because
of no member is it required
that he take
any part not perfectly
agreeable to him.

---page break---

90. Contind.
Sole occasion on which
any special part is
matter of requisition,
pronouncing for or agst
warrant for appeal in
certain criminal cases:
and here, as every
one is free to take what
part he will or no
part, deliberation is
needless.

91.
Good or evil in it's effects,
not by design
was this secresy produced:
it followed a
system of complete publicity:
and was the result
of nothing more
than the need of compelling
a decision, and clearing
the judicatory for
other suits.

92.
Sole determinate effect
good or bad, concealing
from Public Tribunal at
large the inaptitude of
this section of it.
Fro the favorable prejudice,
came a general
though erroneous conception,
that for support
to each verdict, there
has been some reason.
with reference to each
individual suit, beneficial
is the tendency
of the error: viz. by producing
satisfaction: pernicious
with regard to
future suits; it being
through intellectual inaptitude
generally

---page break---

29 Contind.
adverse to rectitude
of decision: thence,
to the giving execution
and effect to substantive
law.

93.
Not adequately apt is
it as a bridle to Judge's
arbitrary power.
In some degree, yes –
witness difference between
English and
Continental misrule:
Still not adequate:
Witness difference between
English misrule
and Ch good rule.

94.
To a great extent, instead
of a bridle to Judge's
sinister conduct,
it serves as a support:
with this to ease
him more or less of
responsibility, he dares
to serve particular and
sinister interest, where
he would not otherwise.
to all constitutional
causes this sinister
interest applies:
but such has here been
the effect of the instruments
of delusion in
favour of his situation,
that reason has
not yet been able to
dissipate it.

Identifier: | JB/034/052/001"JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-09-08	Marginal Summary Numbering	87-94
Box	034	Main Headings	constitutional code
Folio number	052	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d9 / e1
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10326
Box Contents