JB/042/354/001

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1824. March 1825 Nov. 3. ++ 1827 Nov. 15 Constitutional Code.

Ch. XII. Judiciary collectively §.15. Justice for the poorest Helpless

When indigence on defendant's side, law a positive instrument of the evil. A tyranny in which part taken by Legislator & Judge more direct.

Instructional Art. 8. Thus far, as to the mode in which the evil is produced, where the indigence is on the Pursuer's side. In so far as it is on the Defendant's side, the power of the law is an the instrument of the evil, not merely in a negative, but actually in a positive way. the grand instrument by the operation of which the evil is produced. In this case, any person who, finding himself in a state of relative opulence chooses to take for this purpose a station on the pursuer's side, is thus by the power which the legislator and the Judge offer to his hands, enabled to inflict, on ever person, relatively indigent, whom he has any desire thus to injure, suffering in any shape, in which on any occasion, on the score against a demand requiring it to be submitted to, whether on the score score of alleged guilt or otherwise, he is, by want of the necessary pecuniary supply, bereft of the means of of guilt or otherwise, and person is empowered by law of making what would be regarded a satisfactory defence. . Here then is a tyranny, of which the powers of the Legislator and that of the Judge, are in a more direct way the instruments.

Also original & incidental but in both cases judicial

Instructional Art. 9. In this case the distinction between the original and the incidental evil, as above, has place likewise. In neither case, however, can it be termed extrajudicial: in both cases, it is strictly and purely judicial: the powers of the in both cases it is exclusively of legal and judicial manufacture: with by the express ordinance, or what comes to the same thing, by the tacit allowance of the legislator, the power of the Judge Judge being the very and only instrument by which it the evil is produced.

Even when positive proof requisite — result the same when too indigent to produce evidence to prove innocence — or prosecute for paying.

Instructional Art. 10. An exception may appear to be presented, by those cases above excepted, in which, for conviction, positive proof of delinquency is made necessary, the circumstantial and negative proof afforded by non-appearance or non-defence not being taken for conclusive. But, even where positive proof is thus made requisite, the same disastrous consequence may be the assured foreseen and assured preassured result of relative indigence. In the case of a criminal prosecution the innocence of the defendant is capable of being proved would be made manifest (suppose) by the true and conclu conclusive evidence, if produced: but, the production of it can not be effected without expence, and he has not wherewithal to defray that expence, much less to defray the expence of a prosecution, as for perjury against against false witnesses if engaged, on the pursuer's side. In this condition, every adversary who is profligate enough to be ready to take advantage of it, beholds in him a victim, to whim escape from slaughter destruction is impossible.

Art. 11.

Identifier: | JB/042/354/001"JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-03	Marginal Summary Numbering	8-10
Box	042	Main Headings	constitutional code
Folio number	354	Info in main headings field	constitutional code
Image	001	Titles	instructional
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner		Watermarks	j whatman turkey mill 1824
Marginals	richard doane	Paper Producer	admiral pavel chichagov
Corrections	jeremy bentham	Paper Produced in Year	1824
Notes public		ID Number	13277
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