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1821 Feb. 11 | <head>1821 Feb. 11<lb/> | ||
Mora's Imprisonment | Mora's Imprisonment</head> | ||
3 | <note>3<lb/> | ||
<lb/> | |||
3. Judge law for obj<gap/></note> | |||
Lastly comes the conduct of the Judge <add>functionary stated</add>: of the Political Chief | |||
<del><gap/></del> when occupied in the exercise of a function of a judicial nature | |||
Lastly comes the conduct of the Judge functionary stated: of the Political Chief | I say when thus occupied — Then, as far as I can <unclear>educt</unclear> | ||
<gap/> when occupied in the exercise of a function of a judicial nature | it is in two different characters that <add>on the occasion in question</add> this same individual | ||
I say when thus occupied — | and <add>that</add> without breach of law made his appearance: in the first instance | ||
it is | as that of deputy to the legislature <del><gap/></del> <add>issuing injunction, ordering</add> a certain | ||
and that without breach of law made his appearance: in the first instance | act to be done: in the next instance as that of Judge, <del><gap/></del> sitting | ||
as that of deputy to the legislature <gap/> issuing injunction ordering a certain | in judgment on the supposed <add>imputed</add> infraction of that same injunction. | ||
act to be done: in the next instance as that of Judge, <gap/> sitting | Will he take cognizance of the matters he causes <add>in</add> the alledged | ||
in judgment on the supposed imputed infraction of that same injunction. | |||
Will he take cognizance of the matters he causes in the alledged | |||
transgression to be apprehended and brought before him: and this | transgression to be apprehended and brought before him: and this | ||
done, to the prejudice of that same defendant he | done, to the prejudice of that same defendant he <sic>committs</sic> indeed | ||
an act of injustice. Of injustice? Yes, but from what cause? From | an act of injustice. Of injustice? Yes, but from what cause? From | ||
the observance of paid to a system of judication of judicial procedure | the observance <del>of</del> paid to a system of judication of judicial <unclear>procedure</unclear> | ||
which if it does not render obligatory renders legal at | which if it does not render obligatory renders legal at | ||
least that same < | least that same in addition to <unclear>commencement</unclear> to other acts of injustice: | ||
it subjects him to punishment punishment before trial and therefore without trial, imprisonment in a | it subjects him to <del>punishment</del> <add>punishment before trial and therefore without trial, to</add> imprisonment in a | ||
case in which imprisonment was plainly | case in which imprisonment was plainly needless: <del><gap/> to punishment | ||
before trial plainly | before trial</del> <unclear>plainly</unclear> needless it may <gap/> to <gap/>: for the | ||
offence, if indeed the act contained any offence, was next to nothing | offence, if indeed the act contained any offence, was next to nothing | ||
and so near to nothing that a reprimand might have been quite sufficient for the punishment | <del>and</del> <add>so near to nothing that</add> a reprimand might have been quite sufficient for the punishment | ||
of it. | of it. | ||
All this while | All this while <del>this</del> of the <del><gap/></del> <add>broad</add> and all comprehensive | ||
feature of injustice the privacy of the procedure not the least intimation | feature of injustice the privacy of the procedure not <add>the least</add> intimation | ||
do I see conveyed. A license for acting judging to the exclusion of the | do I see conveyed. A license for acting <add>judging</add> to the exclusion of the | ||
public eye is a license for committing injustice in all consequential | public eye is a license for committing injustice in all consequential | ||
shapes at pleasure: but this | shapes at pleasure: but this license if given this | ||
license it was not by himself the Magistrate the Judge to himself but by the state | license it was not by himself <add>the Magistrate</add> <add>the Judge</add> to himself but by the state | ||
of the law to the Magistrate that it was given: and with this | of the law to the Magistrate that it was given: and with this | ||
power in his hands whatever concerns may be done to though the use of it effect given to it by the supposition of the | power in his hands <add>whatever concerns may be done to</add> though the use of it <add>effect given to</add> it by the supposition of the | ||
obnoxious political paper the forbearance manifested in respect of | obnoxious political paper the forbearance manifested in respect of | ||
the other so much other mischief < | <del>the other</del> so much other mischief <unclear>were uses</unclear> equally in his power can not | ||
but | <add>but</add> | ||
<note>but call forth a | <note>but <del>be</del> call forth a | ||
surprize, surprize | surprize, surprize | ||
not altogether unaccompanied | |||
with approbation. | with approbation. | ||
Where the law | Where the law | ||
has done its utmost to | has done its utmost to | ||
render the give to its instruments agents | render <del>the</del> <add>give to</add> its instruments <add>agents</add> | ||
a character as depraved | a character as depraved | ||
as possible, any conduct | as possible, any conduct | ||
short of the extremity of | short of the extremity of | ||
depravation intitles the agent to a proportionable <gap/> tribute of applause.</note> | depravation <sic>intitles</sic> the agent to a proportionable <del><gap/></del> tribute of applause.</note> | ||
1821 Feb. 11
Mora's Imprisonment
3
3. Judge law for obj
Lastly comes the conduct of the Judge functionary stated: of the Political Chief when occupied in the exercise of a function of a judicial nature I say when thus occupied — Then, as far as I can educt it is in two different characters that on the occasion in question this same individual and that without breach of law made his appearance: in the first instance as that of deputy to the legislature issuing injunction, ordering a certain act to be done: in the next instance as that of Judge, sitting in judgment on the supposed imputed infraction of that same injunction. Will he take cognizance of the matters he causes in the alledged transgression to be apprehended and brought before him: and this done, to the prejudice of that same defendant he committs indeed an act of injustice. Of injustice? Yes, but from what cause? From the observance of paid to a system of judication of judicial procedure which if it does not render obligatory renders legal at least that same in addition to commencement to other acts of injustice: it subjects him to punishment punishment before trial and therefore without trial, to imprisonment in a case in which imprisonment was plainly needless: to punishment before trial plainly needless it may to : for the offence, if indeed the act contained any offence, was next to nothing and so near to nothing that a reprimand might have been quite sufficient for the punishment of it.
All this while this of the broad and all comprehensive feature of injustice the privacy of the procedure not the least intimation do I see conveyed. A license for acting judging to the exclusion of the public eye is a license for committing injustice in all consequential shapes at pleasure: but this license if given this license it was not by himself the Magistrate the Judge to himself but by the state of the law to the Magistrate that it was given: and with this power in his hands whatever concerns may be done to though the use of it effect given to it by the supposition of the obnoxious political paper the forbearance manifested in respect of the other so much other mischief were uses equally in his power can not but but be call forth a surprize, surprize not altogether unaccompanied with approbation. Where the law has done its utmost to render the give to its instruments agents a character as depraved as possible, any conduct short of the extremity of depravation intitles the agent to a proportionable tribute of applause.
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168 |
mora's imprisonment |
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001 |
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recto |
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jeremy bentham |
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