JB/067/214/001

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11th Septr 1825
Ch. Off. affectg. person body? or
(5 §. 6. Homicide

9
Where no such proportionality
the effect is a bounty
on the more mischievous
offence
Where this rule of proportionality is not observed
the want of it has the effect of a bounty in favor of the
more mischievous offence: in favor of as many offences as
have below them other offences of a less mischievous tendency.
Thus in the case of the most mischievous of ten offences
it operates as a bounty upon at least nine others, that are
more mischievous.

10
Thus under English
law punishment of
death operates as a
bounty on murder.
Thus it is that under English Law the punishment
of death so dear to Legislatory and Judges, and
perpetually so near to their optics, as to eclipse the view of
their own personal safety, operates as a bounty on murder
in a variety of its most mischievous and tremendous forms:
and if under such law instances in which offences of a
predatory nature, have murder for their accompaniment are
comparatively so rare, the scarcity is owing to any thing
rather than common humanity or common prudence on the
part of these same warranted or unwarranted Legislatory:
to that humanity which the ruling few — the higher orders
have not by their inhumanity or carelessness or want of
discernment been enabled to distinguish in the breasts of the
worst of the subject many — the lowest orders: partly to
this, & partly to the increase which to the malefactor is
sensible, will be given to the activity of the lower orders in
their character of
Members of the Public
Opinion Tribunal, by,
and in proportion to,
the magnitude of the
crime.

Identifier: | JB/067/214/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1825-09-11	Marginal Summary Numbering	9-10
Box	067	Main Headings	penal code
Folio number	214	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e5
Penner	richard doane	Watermarks
Marginals	george bentham	Paper Producer
Corrections	george bentham	Paper Produced in Year
Notes public		ID Number	22047
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