JB/013/168/001

Click Here To Edit

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.

Identifier: | JB/013/168/001"JB/" can not be assigned to a declared number type with value 13.
Date_1	1821-02-11	Marginal Summary Numbering
Box	013	Main Headings
Folio number	168	Info in main headings field	mora's imprisonment
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	4617
Box Contents