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Qualification II
For the purpose
For this purpose in this and most other Qualification
- Acts 2 separate sanctions are provided
The infamy of the Oclityment would be at once an additional motive and an accessory to a set of Trustees to rid themselves of such an to themselves & to the world
the one Civil, the Penalty; the other Religious
or Moral an the latter also [backed also by a penalty]
It may be asked for it seems it has been asked why not trust to the ordinary
sanction of the civil penalty?
To this it may be answered that, so invidious is in order to is one thing it is is
the good it it's effect upon delinquents some person
that some person should take upon him the quality
A Qualification of Disparity has the advantage above a qualification of men rank: that whereas the latter only serve as a presumption against insurance the former a practice
in to repair It is by that it but to of to () A Qualification of rank alone afford d serves as a presumption of against mismanagement
of informer: now so invidious is that character
& so precarious in the eyes of most men the benefit
to be reaped in this such a case like this by spurning it, that
this alone of itself would be but a weak dependance
it, the business is therefore to find many ways of giving it
: means are afforded by an other. The proof of this
One may, it is to be hoped without any very extravagent
compliment to human nature, venture
to suppose, that there are many persons who would run
the hazard of the penalty for the sake of getting
into an office, who yet would not run such
lengths for it, as over enough & above that penalty,
to incur the peril and the guilt of Perjury.
as they were with reason of plunging into the unknown gulft of litigation.
The number therefore of such persons is the measure of
the accession of strength which the the
from this expedient.
considered as a function , being [Directory
part of ] the provision Nor is the <add>its utility [which belongs to] of this expedient is it as a strictly function, its only utility is in the nature of it to forwards the enforcement of the upon those against Delinquents whose temerity it was itself insufficient to restrain</add>
But it is not only itself a sanction; but even
should it prove insufficient of itself again to stop the
temerity of a delinquent it forwards the enforcement
of the other.
For the reasons that have been just alledged
it can hardly be expected that the pecunicary motive
for putting the penalty in force should act but as an auxiliary to that of resentment:
some violent dissention must commonly have arisen, some
flagrant mismanagement have been committed,
or some very obnoxious person been have intruded, himself,
before he any ma a man any one can be found enlist himself for such purpose in the service of the Law for such purpose. who will [take
arms offered by the Law]and gets at the bidding of the Law
Nor is it utility compared to that which belongs to it & it barely as a sanction
Now this resentment will be strengthened highlighted at the
same time that an apology for the world for venting it will
be furnished by an act that reflects such
ire odium upon the agent as does doth an act of
perjury.
Tho may perhaps in some measure be enabled to detriment
[From what has been said ] we may were be enabled in
some mesure given a to determine the expedient 3 whether it was the pretended
futility or the real strength that brought it
under the displeasure of the who has been our dispensing Legislator:
it for as the motive
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attended to whether an Oath spite of every thing that
inconsiderate ill considered Laws and corrupt customs have done
to weaken it, is not still, where not abused, a
powerful and useful instrument in the hand of the
Legislator: & whether it is not by the contrivance
where continuously applied more certainly than by any other that "shame" ( calls to use the words
of an ingenious a later [ ] writer is made to follow
the finger of the Law ".
What has been said will serve to introduce a proposal
for [providing] adding something to the efficacy
of provisions of this nature the nature of that under
consideration in one or 2 as shall be found necessary (one large will ordinarily be sufficient
Let a Table be required to be by the Clerk
of each every Turnpike Trust consisting of Columns to containcertainty as follows
With those prosecuting &e
The reader will not be at a loss to undertsand that
1st A Column in which the names of every Trustee as be qualifies
shall be enter'd in alphabetical order, under his
own handwriting:
But nothing would be gained by this, were it not for its inherent notrefutability. For having the taking of the Oath to be enforced but by a penalty this is therefore a in Arithmatic
3 Column The spreads of Justification he has sworn to,
distinguished either by some short appellation , or
by numbers 1, 2, 3 &c according to the number
of distinct qualifications admitted.
2ndly in 2 other columns the day of the Month
& Year on which he took the Oath also in his
hand-writing
3. In a 5th & 6th Column the name of a Co-Trustee
as subscribing witness to his having taken the Oath
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