JB/037/127/001

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1823. May 18
Constitutional Code

Another conception not less erroneous than at first sight it is
natural would be, the supposing that because by the providence care
of the law punishment is actually provided to be in case of
necessity applied to functionaries of the class in question it would
be either the actual application of it, or the endeavour to make
application, or the so much as the demand for it, are in any
degree probable: by the very law provision by which the eventual possibility
of it is established, the probability of it is dispelled.

By the Anglo-American Constitution all functionaries, the
highest and most powerful not excepted, are made punishable.
For these forty years these States have been in a state of independence,
where has been the high legislative or Executive functionary punished? where has
been the high functionary whom any men wished to see punished?
Why has there never been that functionary whom any men
wished to see punished? even because there has never been
that high functionary who in any way was offended. Why
has there never been there any high functionary who was
offended? Why but because there has never been any high
functionary who ever saw any either profit to be made by offending
or prospect of escaping punishment if he were to offend.
Escape punishment? how th could he have escaped punishment?
No sooner had offences begun been born but punishment would have been
born with it: under that Constitution offences delinquency and punishment
are twin sisters: for those not only is infamy punishment,
but efficient and abundantly sufficient punishment.
And not only is positive infamy a result or sufficient punishment
or rather would be were it in the nature of the case constitution, that
under such a constitution any one should incurr it but even
a slight shade cast over the lustre of a universally and justly respected character diminution of reputation is of itself a sufficient repressive.
Witness John Adams first and because earliest of American Presidents
who not being able
so soon as could have
been wished, able to
call off the prejudice
imbibed from collected through
custom from the mere seat
of corruption, dreaming of sceptres violated the liberty of the press, that which of old was called the liberty of prophecying but having long ago received his chastisement punishment and along with it his pardon, and gives birth to a son whom his fathers example he errors have had been an all sufficient warning preserved from every the slightest slip occupies tells at the age of -- as
high a place as ever in the love and reverence of his as fellow citizens.

Identifier: | JB/037/127/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-05-18	Marginal Summary Numbering	6-10
Box	037	Main Headings	constitutional code
Folio number	127	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	11342
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