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
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