date

1821. April 17. First Lines.
1821. April 17.

First Lines.

Penal Law

To the word punishment, lawyercraft, in confederacy with religious fraud - /and/ religious hypocrisy - in confederacy with, and in subserviency to, monarchical tyranny, has, of late years. applied /furnished/ a synone/y/m - viz visitation - penal visitation -

In the language of the English translation of the Bible, visitation is employed as synonymous to punishment Synonymous? But in what case? - where the misdoer being a man, the ruler is the invisible almighty. Considered in this point of view, sin is the name employed or the designation of the misdeed.

By the word visitation, substituted by Lawyer's Rhetorick, to the word punishment, the following ae the notions insinuated, the intimations conveyed.

Of the Almighty invisible, whose throne is in heaven, the Monarch is the visible representative here on earth: the representative, according to the certificate given to him by Blackstone, invested with no small part - with as large a part as is necessary for the accomplishment of the indisputable object of his government - the greatest happiness of him in comparison of whom all others are but as creatures to their creator - invested, in a word, with a compleatly sufficient /adequate/ part of his divine constituent's attributes. By the alledged offender, a misdeed has been committed. By this misdeed, the Monarch has been offended. The Monarch, being God upon earth - God with us - the offence is a sin. Sins deserve to be visited. For this his sin, this sinner deserves to be visited. At the charge of him by whom sin has ben committed, punishment is due. Proportioned to the dignity of the offended ruler, should be the magnitude of the

punishment
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    Under the haead of pardon, say - mercy grants pardon upon payment of fees.

    punishment: Where the offended ruler is that God which is in heaven, dignity being infinite, that punishment ought to be, and is, in each instance, infinite. Where the offended ruler is that God which is on earth, the punishment ought not to be infinite, it ought only to be next to infinite. Where justice alone consulted, such, accordingly, would be the punishment of this sinner. But, in the heart of that God which is upon earth, and with us, justice has, for her never-failing companion and appeaser, mercy whose other name is clemency. Mercy has for her office /junction/ the rendering of no effect to an amount more or less considerable the decrees of justice. In this, as in all other cases, mercy has interposed, and, after deducting from what has been ordained by justice - what has been subtracted from it by mercy, the balance is what my sentence forms that punishment which my /any/ the sentence is about to declare.

    Among the ingredients of this rhetoric, is an ingenious irony: that irony of which the name is sarcasm. In the language of social intercourse, a visit, in the most frequent signification of the word, is a journey made to a man/'s/ in his residence for motives of kindness - for the manifestation of kindness, such, as your sentence declares, is the kindness, the loving kindness, which you - the convict, the offending sinner, have deserved, and deserve at the hands of that God which is in heaven, at the hands of his most excellent and most worthy representative that God which is upon earth and with us - at the hands of me whom you see his representative and servant.
  • Title: [1824. April 17 Penal Law Under]
    Description: 1824. April 17

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    Under the head of pardon, say - mercy grants pardon upon payment of

    fees.

    punishment: Where the offended ruler is that God which is in heaven, dignity

    being infinite, that punishment ought to be, and is, in each instance,

    infinite. Where the offended ruler is that God which is on earth, the

    punishment ought not to be infinite, it ought only to be next to infinite.

    W ere justice alone consulted, such, accordingly would be

    the punishment of this sinner. But, in the heart of that God which is upon

    earth, and with us, justice has, for her never-failing companion and

    appeaser, mercy . Mercy has for her

    function

    the rendering of no effect to an amount more or less

    considerable the decrees of justice. In this, as in all other cases, mercy

    has interposed, and, after deducing from what has been ordained by justice

    — what has been subtracted from it by mercy, the balance is

    what any sentence forms that punishment which

    the sentence is about to declare.

    Among the ingredients of this rhetoric, is an ingenious irony: that irony of

    which the name is sarcasm. In the language of social intercourse, a visit,

    in the most frequent signification of the word, is a journey made to a

    man 's

    residence for motives of kindness — for the

    manifestation of kindness, such, as your sentence declares, is the

    kindness, the loving kindness, which you, the convict, the offending

    sinner, have deserved, and deserve at the hands of that God which is in

    heaven, at the hands of his most excellent and most worthy representative

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  • Title: [1821. April 17. First Lines]
    Description: 1821. April 17.

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    Penal Law.

    Exacted at the expence of the evil doer

    , compensation necessitates suffering: exacted in

    consideration of, and in proportion to, the evil done by him, that

    suffering, by the whole amount of it, operates as punishment.

    In the first place, Compensation for the party injured; in the next

    place, over and above compensation, punishment for the benefit of the

    public — punishment for appeasement of the wrath of the offended and

    exasperated wrathful monarch — such is the arithmetic

    of tyranny. Punishment including,

    to the profit of the monarch, the exaction of the

    whole of that matter by which compensation to the individual injured might

    have been afforded; after that, compensation or no compensation to the

    individual injured.

    Such is the order, the method of tyranny. Compensation by one course of

    procedure; punishment by another and a different course of procedure;

    reformation, by health given to the soul by a third and different course of

    procedure — such is the arithmetic of lawyercraft —

    confededrate partner and instrument of tyranny; of

    lawyercraft in its most rapacious character, and elaborated part —

    the character and goal of the English lawyer.

    Compensation and satisfaction are synonymous. Of the word compensation the

    psychological

    import has its root in the physical idea of

    weight: compensation is weight for weight: satisfaction is giving enough

    for what has been suffered: enough of good for the evil that has been

    suffered: in such sort that the weight of the

    good in the seale of enjoyment shall be equal to

    the weight of the evil in the seale of suffering.