1
results found in
25 ms
Page 1
of 1
27 May 1804
Evidence
Forthcomingness
Ch. Extraction
§.6. Extraordinary
What then is to be done? without some means /species of compulsive force/, and that the most promptly as well as certainly efficient that human nature admitts of, there is /one sees/ no bounds to the mischief that may be done: fire and water will not await the slow formalities of justice. For want of /them/ it, the mischief may be perpetrated, and a country laid in ruins: by the help of it, the mischief may be staid or prevented, and the country saved. Exemplified or not within a known and limited period, in this or that particular country, mischief of this kind can not in any country be deemed visionary: not to speak of foreign hostility, they are in every country among the natural fruits not only of established civil war, but of the insurrections and disturbances that lead to it.
Such it may be said, they are but contingent: and in a country fortunate enough to be unaccustomed to such outrages, they inspire no alarm + they are never looked to as probable: no habitual, no general alarm is seen issuing from any such
+ danger and alarm; together the
+ mischief of the 2 d order [...?]
source. On the other hand, establish torture, visiting it as in order to meet the possible mischief in its full extent, you must do, in the hands of every local magistrate in the country /kingdom/ /whole territory of the state/, a constant and universal alarm is produced - an actual and incipient alarm, merely to keep out a very rarely exemplified and contingent alarm, sinister in kind and not decidedly superior in degree.
Similar Items
-
Title: [C. The True Bastile: Shewing the outrages]Description: C. The True Bastile: Shewing the outrages, offered to Law, Justice, and Humanity in the foundation and management of New South Wales. Marginal Contents — 2 Sheets. 3 rd Sept r 1802.
-
Title: [21 May 1804 Evidence Forthcomingness]Description: 21 May 1804 Evidence Forthcomingness Ch. Investigatorial Eng Law §.2. Common Law [...?] a /one/ person likely to afford evidence, a person from whose answers a chance of obtaining material and at the same legally admissible evidence promised to result. In the course of an examination of this kind it would every now and then appear that what the party thus examined had to say upon the subject did not amount to that sort of information that would be admissible above in the character of evidence; but that by what he said in relation to the same subject, an indication was afforded of some other person from whose answers, if examined in like manner, information of an unexceptional kind might probably be obtained. Had the research /time/ been confined to /within/ the compass of a day, the light thus obtained would most commonly have been of no use - there was the /would have been/ evidence could it have been /be/ obtained; but the necessary time was not allowed for the obtaining it. But, owing to the absence of that wisdom by which under the auspices of professional /[...?]/ lawyers, the time and space were to be considered as annihilated, and the business of days and weeks or months was required to be finished /dispatched/ in a few hours, the researches of this non-professional magistrate were not confined within that time, nor in short within any definite /exactly defined/ compass of time: the science[?] which in so many instances had rendered it impossible that justice should be done by a Jury, had omitted to extend its wisdom /care/ to this subordinate /inferior/ and neglected course of judicature. That love of power which in a greater or less degree nature has implanted in every human breast that active propensity, which when lodged in official /judicial hands/ and confined by proper barriers contained within the limits becomes in effect the love of justice, would in this as on any other occasion, when not perverted or overawed by prejudice inspire a man with /infuse into a man's breast/ the desire of obtaining useful information, wherever such information was to be found. but the knowledge thus obtained by the Magistrate could this be obtained at the same time to /by/ the party, who would always be privy to the enquiry, and whose suggestions relative to the course to be taken relative to /on the occasion of/ it would
-
Title: [25 May 1804 Evidence 7.]Description: 25 May 1804 Evidence 7. Forthcomingness Ch. Extraction. §.3 Non Party hatched in any such country as the Belgic Low countries, is a measure of hostility and mischief, for the laying of the country under water to an indefinite extent, by the cutting of the dykes. How reasonable soever may be the cause of justification or extermation[?] in any of these cases on the part of any of the parties concerned, the mischief impending over the head of the destined victims is not the less serious, nor the inducements /call upon them/ to employ the most effectual measures for the averting of it the less impressive.
1
results found.
Page 1
of 1