9 Feb y 1807

Omitt 30 1

Letter IV

Resolut. 6.7.8.9.

Juries

After 2. Expence

J.B. Juries not puppets

Any Juryman, when they do enter the Jury box, come there for use, not for mere show /Endowed with human reason, they are designed to exercise it/: they are neither painted men /figure/ on a flat board to make a figure with, nor puppets, waiting for learned hands to pull the wires.

In English practice, among the causes which are set down as to be tried, and as actually tried by Juries, what (might it not be neither of curiosity at least to know, my Lord?) is the proportional [...?], of these to check the mind of no one individual in the Jury box is so much no permitted to apply itself? like the antecedent procedure, the decision is let fall /chops itself down/, upon some[?] mechanical principle, with some customary lie /a lawyer's lie/ under the name of fiction, for a [...?] mobile: a Jurer is withdrawn, so the plaintiff is called, or the verdict a verdict which nobody has given is taken /taking/ upon this or that one of half a dozen or more counts, one of perhaps a lie of the plaintiff's, all of them to a certainty lawyer's lies but that one. The Jury men slur[?] /Jury box slurs[?]/, wondering then[?] should be so much hearing in the world, proud to think how more fate is [...?] by them without the trouble of a sure assured thought, satisfied that every thing must be right, because they know nothing about the matter. The student swells with conscious pride, waiting for the day when he too is to have a hand in the conduct of so exquisite a piece of misdecision: wondering how society can be kept together, in countires where it is unknown /where hard lot has benefit then of so unspeakable a benefit/: believing that Justice is seated upon lies, believing and with as firm a faith as ever Platonist believed with, [...?] the world is founded upon numbers.