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<note>Ch | <note>Ch XVI<lb/>§. 3 — Function<lb/>Art 19</note><p>Jury is only place that stands<lb/>between the people and <gap/> despotism</p><p>As to effective responsibility, to any penal purpose<lb/>it is in this case altogether wanting. This official<lb/>delinquency be ever so flagrant or ever so frequent, not the<lb/>smallest danger can a man in any such situation can a<lb/>man see of his being subjected to punishment. By Law, not<lb/>be much as accusation can have place but in the way of<lb/>impeachment: but impeachment in any such case is a mere<lb/>name, suppose in the compass of a year 200 instances of<lb/>delinquency have place on the part of all the Judges<lb/>taken together: half a dozen such impeachments, would<lb/>suffice to engross the whole time of the 2 branches of the<lb/>Legislature. Supposing the time thus occupied; for<lb/>legislation there would be none: here then complete impunity<lb/>must be given to all judicial offences, or Government<lb/>must be dissolved: for as matters have for more than a<lb/>century been managed such would be the sure effect<lb/>it would be easy to show from a year's suspension of<lb/>legislative operations.</p><p>Nor is this the whole security, for the impunity of<lb/>all Judicial offences of the highest magnitude. Every<lb/>where but in Parliament suppose a Judicial offence<lb/>ever so mischievous, ever so notorious, <del>for</del> <add>let</add> any man deem<lb/>to alledge the existence of it, the punishment of the informer no less sure than<lb/>would be as sure as the impunity of the malefactor.</p><p>Go on as to moral responsibility</p> | ||
Ch XVI
§. 3 — Function
Art 19
Jury is only place that stands
between the people and despotism
As to effective responsibility, to any penal purpose
it is in this case altogether wanting. This official
delinquency be ever so flagrant or ever so frequent, not the
smallest danger can a man in any such situation can a
man see of his being subjected to punishment. By Law, not
be much as accusation can have place but in the way of
impeachment: but impeachment in any such case is a mere
name, suppose in the compass of a year 200 instances of
delinquency have place on the part of all the Judges
taken together: half a dozen such impeachments, would
suffice to engross the whole time of the 2 branches of the
Legislature. Supposing the time thus occupied; for
legislation there would be none: here then complete impunity
must be given to all judicial offences, or Government
must be dissolved: for as matters have for more than a
century been managed such would be the sure effect
it would be easy to show from a year's suspension of
legislative operations.
Nor is this the whole security, for the impunity of
all Judicial offences of the highest magnitude. Every
where but in Parliament suppose a Judicial offence
ever so mischievous, ever so notorious, for let any man deem
to alledge the existence of it, the punishment of the informer no less sure than
would be as sure as the impunity of the malefactor.
Go on as to moral responsibility
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Identifier: | JB/034/109/001"JB/" can not be assigned to a declared number type with value 34. |
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109 |
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copy/fair copy sheet |
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richard doane |
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10383 |
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