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1824. Jany. 17
Constitutional Code
Ch. XIX Govt Adv. General
§. Instructional
Instructional.
In so far as the the state of penal law in any case aggregate of the penal laws is bad and
in such sort and degree bad that the giving execution and
effect to it would be so much more is preponderant
evil, an arbitrary power of pursuing or not pursuing
at pleasure for offences against the law may in this kind
of a Pursuer General be a correspondent good public benefit.
Under Rome-bred law the number and extent of these laws have always
been so considerable that it would be no wonder if why
that system of law still prevails, the idea any proposed arrangement of doing away this
arbitrary power should be regarded and nor yet not without just as pregnant with preponderant
evil.
Under English law The English Official
Establishment includes contains no such functionary who, by
by when by mere inaction a power of giving impunity
to crime in every shape may be exercised at
pleasure: for criminality in almost every shape any
person without exception is free to take upon him and
exercise the function of pursuer. So far so good. But
now comes the poison so largely infused into the
hitherto wholesome state of things. The Government contains
in it an individual, who by whom, so long as he can if he can but any other
individual to lend him his cooperation, all the other
individuals in the command, may in due force of law
be put to death. Is your existence troublesome to him? He
may need to slaughter you, unless any one whose money and assured
impunity are engage have boundless reward without coupled with assured
impunity: the deed done, what is the difficulty that remains?
No other than the coming to a decision between the grant of a
pardon, or the issuing of an a sort of order stiled a Note or
a Nolle prosequi.
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