1821 April 17th.

First Lines.

Penal Law

\PS\. Penal Law.

The penal branch of Law has for its object and occupation the giving execution and effect to the civil or distributive branch as also a portion of the constitutional Branch: Such is the benefit conferred or sought to be conferred by it. But no benefit can have existence but with and by means of, a correspondent burthen. No profit without loss: without expenditure and expence which is voluntary loss. What remains is, that in quantity and value the benefit - the profit - be as great, the burthen - the loss - the expence - as great /small/ as possible.

For rendering it such, keep in mind this radical allusion. The community is the body politic. Offences /Misdeeds/ are its disorders /diseases/. Occupied on the Penal Branch of Law, the Legislator is, its physician /medical practitioner/ - its surgeon. In a surgical operation the cure is te benefit: the pain of the patient the burthen. The operations of the surgeon have for their object, the occupation, the rendering the cure as speedy /prompt/ and as complete as possible, at the expence of as little pain as possible.

The surgeon when he cuts into the bladder of the patient for the extraction of a stone - does he say the patient deserves to be so cut? not he indeed: by no surgeon was any such absurdity ever uttered.

The possessor of political power - the magistrate - the legislator - has, at all times, in all places, uttered it without a blush. Why? because, at all times, in all places, till yesterday, and in the new world, the magistrate - the legislator - such is man's nature - have been tyrants: tyrants having, each of them, for the objects of his acts as such - not the greatest happiness of the greatest number - but his own single greatest happiness.