1823. Sept.11.

Constitutional Code

Ch. Quasi Jury

Jurors.

In intellectual and

active aptitude this

uniformly stands unquestionable.

As to moral, now

of the checks (25) which

apply to Judge apply

to thence.

5. or. 1.

Design here. 1. Adopt apt jury features. 2. Discard unapt d o. 3. Add apt ones.

6. or. 2.

Apt: viz. as to Quasi Jury: for one will be shown, which, though essentially apt in jury, would in Quasi Jury be mischievous.

[Add? This is a virtual negative on laws with a Constitutional aspect. See below]

7. or. 3.

Prime difference to jury belongs, in a certain way, decisive power as to the ultimate result of the suit: ex. gr. acquittal in a penal suit. To a Quasi Jury, not.

8. or. 4.

Only in one case has Quasi Jury decisive power: and then it is not ultimately decisive.

This is power of warranting Appeal, in cases in which English law does not: viz. in cases in which it were given absolutely to dependant, it would intolerabilize vexation and expence to prosecutors, witnesses, and Quasi Jurors: since, for delay and chance of escape, all convicts whose guilt was beyond doubt would appeal notwithstanding.

9. or. 5.

Reason for withholding from Quasi Jury, the decisive power of a jury. Hence judge's moral inaptitude is checked more effectually than it is in juries, or would be in Quasi juries: and

in

9. or. 5. contin d.

in intellectual and active aptitude, never could the miscellaneous and inexperienced many compete with the select and experienced few.

10. or. 6.

As to the virtual negative possessed by the juries, here, the laws being the work of the delegates of the whole people, any negative in the hands of a miscellaneous few would be worse than useless.

11. or. 7.

This decisive power being withholden, none but the auditive, interrogative and communicative left, the character is little more than that of an appointed committee of the Public Opinion Tribunal, constantly present.

12.

Jury's decision and virtual negative excepted, it's apt features are accidentally, not necessarily connected with it these are: 1. End, bridling judge's power. 2. Publicity. 3. Lash for judge, explaining case, and showing reasons for his advice &c. 4. Evidence in the best shape.

12 (a.)

Features of this best shape 1. Question viva voce parties, judiciary, auditory, present 2. Put by persons interested in bringing out the whole truth: without supposition or disguise: viz. one side one half; the other the other. 3. Answers extempore, without time for supposition or misrepresentation.

12 (a.) Contin d.

4. Questions rising out of, and alternating with answers. 5. The whole minuted on the spot by any that will, as well as by judge. 6. Judge the same, by whom the decision grounded on it will be framed. 7. Wanting here, faculty of amendment at leisure allowed to relating witnesses as in Part y. Committees: not dangerous to truth, the original minute remaining as a standard.

13.

Of these features, none but might have place in a judicatory without a jury: viz. 1. Publicity it has place in English Equity Procedure in some stages. 2. So in d o. judges explanative and reason-giving lash

3. So, evidence in best shape, in preparatory criminal examinations, justice of peace judication. But for compleat, correct and clean performance of that lash, in no case are the motives to cogent as in that of a jury.