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Before I state the advantages that rise
respect the different heads of delinquency, I shall
mention one or two of a more general nature.
It would be highly favourable to personal liberty.
Imprisonment upon mere process, being a
hardship inflicted upon persons who for
any thing that is yet proved may turn out to
be innocent, is to be justified only by necessity.
It may be necessary on two accounts. 1. to secure insure
the defendant's being amenable to punishment
in case the event of his being convicted: 2. as a means
of coming at the discovery. knowledge For the first purpose
it is necessary only in all those cases and but in those only
where the punishment which may prove to be
competent to the offence is a may be severer
to be him than banishment. it is therefore necessary
only where the offence is looked upon as being of considerable magnitude.
But for the other purpose, it is necessary
in every offence how slight soever
of which the author taking advantage of his being
unknown may chide the research of justice. In
all such offences that admit of this description, so circumstanced power
Identifier: | JB/062/190/001 "JB/" can not be assigned to a declared number type with value 62.
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