JB/047/112/002

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Introd. 187 – Princ. II 424 –

Chronical punishments –

Chronical punishments such as expatriation & imprisonment
are applicable with propriety to many
sorts species of offences but the measuring it out requires
demands peculiar attention to individl feasibility.

Expatriation would be a punishment most unequable
in its effects consequences if applied without discrimination. The
effects produced by it depend upon the condition
& pecuniary circumstances of ye individl to which
it is applied. One man may have no particular
ground for attachment to his country: while
another the quitting his country & his home wod
be regarded as a most severe affliction. One
man has a is bound by family connections, another is exempt
from such ties. To one may it wod be the loss of
his means of subsistence, to another [it
an escape from his creditors. Age & sex make in this
respect two consider are circumstances that vary
materially the effect of this punishment. The legislator
in confining himself to general instructions
should therefore leave to the Judge in this case
considerable latitude.

The English, previous to ye independence of
North America when in the were in ye habit
of exporting transporting a very extensive class of delinquents to
the Colonies. To some this exportation transportation was always
to others a party of pleasure. Are An idler desirous
of seeing ye world would have been very much wanting
to himself, if he had not committed some crime
to procure himself a passage. Men who were
industrious established themselves in this new country,
the art of stealing, not finding means to exercise
their talents in a country at where they were unprovided
with the necessary connections, soon returned
to find their way to the Gallows. Once condemned
and transported, their subsequent fate was altogether
disregarded: though they perished from disease
and want, nobody concerned themselves about it.
Thus the benefit of Exemplarity was thus altogether lost,
the principal object altogether repelled. The present
system of transportation to Botany Bay, fulfills no better
yee proper end of punishmt: It has &

Identifier: | JB/047/112/002 "JB/" can not be assigned to a declared number type with value 47.
Date_1		Marginal Summary Numbering
Box	047	Main Headings	evidence
Folio number	112	Info in main headings field
Image	002	Titles
Category	rudiments sheet (brouillon)	Number of Pages	1
Recto/Verso	verso	Page Numbering
Penner	john herbert koe	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	14980
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