JB/037/041/001

Click Here To Edit 1821. April 28.
First Lines Penal Constitutional
Distributive.
(1.)

In so far as it matches with, and is determined by, the state
of the Constitutional branch of law, the state of the penal
branch of law will, under the different forms of Government,
wear present the different aspects complexions following.

The state of the penal branch of law exercises an influence
on the state and the results of the constitutional branch of
Law in manner following.

Conscious more or less of the opposition that has place
between their own particular interests and the greatest happiness of the
greatest number — alive, at the same time, to the a sense of the dangers
that attach upon the situation from which they derive that sinister
interest, — haunted not merely by a correct and adequate but by
an exaggerated image picture of those dangers, — under Monarchy whether
absolute or limited, under aristocracy, under every form of Government
but Representative democracy, never in the imagination
of the ruling one, of the sub-ruling or the influential few can the
mass of securities height or breadth in which they intrench themselves be sufficient:
in that part of the entrenchment which is the work of penal law,
death, substituted to punishment in any less odious and more appropriate
form — torture antecedent and concomitant added to
simple destruction of life death — punishment of the acknowledged innocent added to
that of the reputed guilty — confiscation — and interception under pretense
of corruption of blood, interception of inheritance for that
and other purposes — pains of hell in prospect under the sad necessity
of not being able to apply give them in present possessions reality and existence, —
all these penal securities put together are in-sufficient to produce
that inward tranquility which conscience keeps for ever banished from
those misery-bound and misery-producing situations. Hence
it is that every act which in those distempered imaginations, threatens
to substitute to the superlatively mischievous form of Government
in which they behold the source of their sinister benefits, profit a form in
any degree less mischievous, is, by that same distempered imagination,
elevated to a rank towering above the most mischievous highest of those offences,
by which real mischief is produced.

Identifier: | JB/037/041/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1821-04-28	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	041	Info in main headings field	first lines
Image	001	Titles	penal
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	richard doane	Paper Produced in Year
Notes public		ID Number	11256
Box Contents