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<head>1823. April<lb/>Constitut. Code</head><note>Ch. XVI<lb/>§. 3. Functions</note><p>For any comparable degree of moral aptitude, no<lb/> | <head>1823. April<lb/>Constitut. Code</head><note>Ch. XVI<lb/>§. 3. Functions</note><p>For any comparable degree of moral aptitude, no<lb/>secrecy can be thus obtained whether the suffrages of the<lb/>several Jurors are known or unknown.</p><p>First suppose them known; <del>they are</del> by this means<lb/>each Juror's suffrage is exposed at once to intimidation<lb/>& corruption, and this is without the need of<lb/>money labor or influence, on the part of any party who<lb/>being in the wrong is prompted by sinister interest to<lb/>make the attempt.</p><p>2 Suppose now each Juror's suffrage to be unknown<lb/>though in another place, it has already been shewn how<lb/>seldom it is, that for any thing like complete secrecy: secrecy<lb/>as against every body, any considerable degree of<lb/>assurance can have place. Suppose it however to have place,<lb/>on this supposition the influence whether of intimidation or efficient<lb/>or corruption in favor of every one of <gap/> who to the<lb/>will adds the means of applying it is rendered certain:<lb/>all that is requisite is, between the commencement of<lb/>trial & the time at which the Juryman in question<lb/>knows that he is to serve on it, an interval sufficient<lb/>for the application of the seductive instrument.</p><p>In the case where the suffrage is matter of notoriety<lb/>the moral aptitude — the probity — of the Juror, has for<lb/>its support & steadiment the eye of the public opinion<lb/>tribunal. Where secrecy is entire & in proportion as it is<lb/>close this tutelary force is wanting.</p><p>Note all along that in the case of a large proportion<lb/>of the whole body of Jurors, the aristocratical system<lb/>being supposed not to be employed, the exposure of the Juror to<lb/>to this tutelary influence<lb/>will be very narrow. His<lb/>sensibility to it very faint.<lb/>How narrow the exposure,<lb/>how faint the<lb/>sensibility in this case<lb/>in comparison of the<lb/>Judge.</p> | ||
1823. April
Constitut. CodeCh. XVI
§. 3. Functions
For any comparable degree of moral aptitude, no
secrecy can be thus obtained whether the suffrages of the
several Jurors are known or unknown.
First suppose them known; they are by this means
each Juror's suffrage is exposed at once to intimidation
& corruption, and this is without the need of
money labor or influence, on the part of any party who
being in the wrong is prompted by sinister interest to
make the attempt.
2 Suppose now each Juror's suffrage to be unknown
though in another place, it has already been shewn how
seldom it is, that for any thing like complete secrecy: secrecy
as against every body, any considerable degree of
assurance can have place. Suppose it however to have place,
on this supposition the influence whether of intimidation or efficient
or corruption in favor of every one of who to the
will adds the means of applying it is rendered certain:
all that is requisite is, between the commencement of
trial & the time at which the Juryman in question
knows that he is to serve on it, an interval sufficient
for the application of the seductive instrument.
In the case where the suffrage is matter of notoriety
the moral aptitude — the probity — of the Juror, has for
its support & steadiment the eye of the public opinion
tribunal. Where secrecy is entire & in proportion as it is
close this tutelary force is wanting.
Note all along that in the case of a large proportion
of the whole body of Jurors, the aristocratical system
being supposed not to be employed, the exposure of the Juror to
to this tutelary influence
will be very narrow. His
sensibility to it very faint.
How narrow the exposure,
how faint the
sensibility in this case
in comparison of the
Judge.
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richard doane |
j whatman turkey mill 1822 |
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admiral pavel chichagov |
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