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Constitutional Code.
1829. Oct. Nov. 20. T 32
In the midst of all this equity and convenience, suppose
a bad choice made. Does punishment — does so much
as blame fall anywhere? No of either the one or the other not a particle.
As to punishment, let the choice be ever so unapt,
scarcely on that single ground, unaccompanied with some other more
decisively determinately probative, if evil consciousness, could punishment
by any Judicatory of any political state be inflicted. If
combined with bribery yes, but, the degree of inaptitude is
in every case given, of what additional evil is the passing of the money
or money's worth from one of the hands to the other productive?
But suppose for guilt in the greatest degree actual punishment not only probably — but, in
the way of accusation actually endeavoured to be inflicted.
the persons by whom By whom is it to be inflicted? who are they? By the criminals themselves.
For, for this or any other State Offence of these and these
alone is employed the Judicatory composed by which punishments can
be inflicted.
The more entire the impossibility of inflicting punishment,
to be the degree of criminality ever so great, the more urgent
the necessity of sharing sharers: the less the force of the legal sanction,
the greater the demand for that the force of the popular or moral
sanction. But in this milder form, be the criminals ever
so numerous, on which of them all can it happen to it, to
fall? On no one. On the President? No, indeed. True it is that if
there were could be any one on whom it fell could fall it would be he: his he being
the most prominent situation character. But no: how should it
fall upon him: nothing has he done but in a manner un
impeachably entirely conformable to the Constitution: by the advice and
consent of the Senate, of these doubly select select men in whose
instance the outgrowing the age of levity has so effectually
been secured.
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