JB/106/384/001

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39
Duplicate
from 10 43
1828 July 28

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
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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