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JB/068/127/001

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1822 Oct. 16
Constitutional Code or Penal Code or Evidence-Exclusion

Punishment by invalidation of testimony, is essential misseated
punishment. The only person declared to be punished, is
the supposed delinquent a person really punished, is every
person be he who he may to whom it may happen to have need
of such delinquent's testimony. To the supposed delinquent, the
arrangement may be a punishment or a benefit: upon the very
face of it it has more of benefit than of burden in it, for obligation
of attendance to this purpose as to any other is a burden
and so far as the exercise of a function is a burden, exemption
from it is a benefit. To in case of a person who has need of the testimony
to the magnitude of this mis-seated punishment there is no limit:
in criminal law no limit above that which is set to the magnitude
of the greatest punishment allowed to be employed: for by the of an
exclusion of put upon testimony, by which innocence would have been
established an innocent person may thus be subjected to mortal capital
punishment. In the civil or say distributive branch of law
the punishment that may thus be inflicted on an innocent person
has no other limit than that which is set to the value of the
greatest mass of property, that can by possibility be at stake
upon the issue of a cause.

Such is the mischievousness, such therefore the absurdity
of the admission given to this article into the catalogue of punishments.
Such in like manner is the mischievousness, such therefore
the absurdity of the admission given of the corresponding rules
on the list of rules of evidence: rules, which taken in a body profess
to have but which under no system of law whether Judge-made
or Legislature-made ever as yet have had for their object
the discovery of truth.


Identifier: | JB/068/127/001
"JB/" can not be assigned to a declared number type with value 68.

Date_1

1822-10-16

Marginal Summary Numbering

Box

068

Main Headings

Folio number

127

Info in main headings field

or penal code or evidence - exclusion

Image

001

Titles

Category

copy/fair copy sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

Penner

james mill

Watermarks

Marginals

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

22322

Box Contents

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