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<!-- Page 20 pencil note --> <p>we might either of us without much<lb/>concern see the punishment inflicted<lb/>event though it were as above smuggled<lb/>in in <del>the</del> way of common law the offender<lb/>therefore having had no possibility<lb/>of being pre-apprized of it. Why?<lb/>Because the mischievousness of the Act<lb/>is by the supposition evident, and <del>con</del><lb/>thence the reason which the delinquent<lb/>had for expecting to find punishment attached<lb/>to it. <del>One case</del></p><lb/>One case will here naturally present<lb/>itself in which it may be thought<lb/>that the allowance of this ignorance<lb/>in the character of an excuse can not<lb/>but be demanded on the ground of utility<lb/>and justice. This is where the existence<lb/>of a prohibitory penal law<lb/>not being discoverable by reason as<lb/>above, the possibility of his having been<lb/>at the time of the transgression apprized<lb/>of the existence of the law being<lb/>excluded by physical obstacles: place<lb/>of the transgression suppose the East<lb/>Indies or a vessel on her voyage thither,<pb/> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} |
we might either of us without much
concern see the punishment inflicted
event though it were as above smuggled
in in the way of common law the offender
therefore having had no possibility
of being pre-apprized of it. Why?
Because the mischievousness of the Act
is by the supposition evident, and con
thence the reason which the delinquent
had for expecting to find punishment attached
to it. One case
One case will here naturally present
itself in which it may be thought
that the allowance of this ignorance
in the character of an excuse can not
but be demanded on the ground of utility
and justice. This is where the existence
of a prohibitory penal law
not being discoverable by reason as
above, the possibility of his having been
at the time of the transgression apprized
of the existence of the law being
excluded by physical obstacles: place
of the transgression suppose the East
Indies or a vessel on her voyage thither,
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Identifier: | JB/010/040/003"JB/" can not be assigned to a declared number type with value 10. |
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010 |
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040 |
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003 |
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correspondence |
4 |
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recto |
f17 / f18 / f19 / f20 |
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john herbert koe |
john dickinson & c<…> 1813 |
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a. levy |
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1813 |
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draft of letter 2425, vol. 9 |
3476 |
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