1823. Sept r. 9.

Constitutional Code

Ch. Quasi Jury

Explan y. Observations

II. Discarded features 6. Number 7. Secrecy.

95.

Too indeterminate all other effects of this secrecy to be regard- worthy. Unknowable are the influences by which their decision have, in each instance, been determined.

Unknowable, whether there have been any deliberations.

96.

1. Tutelary influence a man is here exposed to one only: viz. of the Public Opinion Tribunal — the small section composed of his chosen colleagues, with the possible circle without doors, of which each may be a.

97.

2. Seductive influences these. 1. Private connections, by self- regarding and sympathetic interest, indefinitely abundant.

2. Sinister interest derived from Monarch's & aristocrat's corruptive and delusive influences much more abundant.

Of one on whom any such sinister interest has gained, & is thence determined to carry the verdict, silence answers the purpose best, unless he chooses to shorten the business by fallacies or other delusions.

98.

Victory being assured to the stronger will, application of understanding to understanding affords little promise of being either useful or employed.

Relevant seasons are not likely to have been left employed by Advocates & Judge.

Nothing so likely as some short and trite fallacy for a cloak to the course a man is determined to pursue. It being known that the understanding will not be the arbiter, adequate inducement to the trouble of making application to it is wanting.

99.

Instruments of a contest between will and will, pain and pleasure: here, pain only.

Ultimate resistance to it being unprecedented, how can a man apply to any other?

No precedent of the endurance of this paid for two days. Such is it that, to save themselves from its cannibalism, is a common practice.

100.

Such is the situation in which all legislators and judges have been content to place men in such numbers.

101.

Victory to the most vigorous will, by what soever sinister interest rendered so, or the least sensitive stomach.

102.

The less the hope that reason shall decide, the less the chance that a man shall here set his and to discover the reasons that have escaped the advocate in his suit.