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1824. Jany. 8 1831 July 29
Constitutional Code☞ Employ not these three pages.
Ch. XIV. Judge Deputes permanent
Punishment would then attach upon none but the blameable
and might and naturally would increase with the degree of culpability:
at present it attaches with equal severity upon the
blameable and the blameless: and it increases with the
on the blameless its increase is proportioned a proportion
which is the inverse of that of their ability to without reason endure it,
to sustain the pressure of it.
But Meantime the application of punishment to those whose
conduct has been tinged with blame is not less necessary than
the exempting from punishment those whose conduct has been free pure
from blame. Without But for this, those to whom the vexation
and natural expence were light would employ the power of the
two judicatories as an instrument for the oppression of those to whom
the corresponding vexation was heavy. To those who are in
the wrong judi litigation ought never to be free from factitious expence.
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