1821. April 17.

First Lines.

Penal Law.

In the origin from whence he deduced the word, indicative of the demand for, or propriety of, the punishment - the sufferings - he was occupied in the application of, he found a pretence for tyranny:- for tyranny, exercising itself in the taking of vengeance. The term which is not applicable without hazarding the production of useless punishment to an indefinite extent, where evil in the shape of punishment is to be applied, is, and ever was, in use to be employed, without hazard of any such evil, at any rate where, on the occasion of a contract for service between individual and individual, good, in the shape of reward, was to be applied: the service has been performed: on /By/ the one part, the work contracted for has been done - the service has been performed: at the hands and at the expence of the other, title has been made to the correspondent service: the pay - the reward - has been deserved.

Hence, arise two radical positions /rules/ -

Objects which punishment ought never to propose to itself are - 1. vengeance: 2. Compensation, in so far as the nature of the case admitts of the application of it for the evil produced by the misdeed: 2. prevention of the commission of similar misdeeds in future, as well by the misdoer himself as by all other individuals taken at large.

Exacted