The Parliamentary Debates Volume 5

The Parliamentary Debates Volume 5

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1822 edition. Excerpt: ... investigation is indispensable to make up our minds on the merits of a question, so ong ago determined without any sucli: ln, by his own constituents on his own impassioned exhortation. That since that speech, the grand jury have thrown out bills against the accused individuals, makes no difference either in explaining this apparent inconsistency, or in sanctioning the present motion; on the contrary, the dismission of those bills is a circumstance adverse to the hon. baronet's proposal; for, in order to justify the present motion, a pritna facie case ought to be made out against the parties accused: whereas the rejection of the bills u a prii& facie case in their favour. The argument is, that unless this House interfere, there is no appeal whatever from the grand jury. Why, Sir, the constitution never meant there should be. When a grand jury has decided in favour of the party charged, there can hardly be a case imagined in which any other jurisdiction ought to be capable of re-opening their merciful conclusion. A grand jury, it is true, decides on evidence ex-parle, on one side only. No doubt; but on which side? On the side of the accuser. If, therefore, when the evidence produced was all on that side, the accusers failed to make out their prima facie case before a grand jury, what right have we to presume that the charge will be clearer against the accused when the defence shall also have been heard t We have been told a good deal in other cases, about the propriety of leaning towards presumptions of innocence; but this argument proceeds on a presumption of guilt. Deaths have occurred: certain persons have been charged with the crime of those deaths: a grand inquest has resolved that the charges do not warrant a trial by a common jury more

Product details

  • Paperback | 612 pages
  • 189 x 246 x 31mm | 1,075g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236509064
  • 9781236509062