shed and
murdered her in the evening of December 10, 1774.]
Justice, however, points out a way wherein the dead body, by conveying
chirurgical knowledge, may be serviceable to the living.
Laws generally tend, either directly, or remotely, to the protection of
property.
All wise legislators have endeavoured to proportion the punishment to
the crime, but never to exceed it: a well conducted state holds forth a
scale of punishments for transgressions of every dimension, beginning
with the simple reprimand, and proceeding downwards even to
death itself.
It will be granted, that the line of equity ought to be drawn with
critical exactness.
If by fair trade, persuasion, or finesse, I get the property of another
into my hands, even to the trifling value of a shilling, my effects
ought to be responsible for that sum.
If I possess no effects, he certainly retains a right of punishing to
that amount: for if we do not lay this line in the boundaries of strict
justice, it will not lie upon any other ground. And if I am allowed
fraud in one shilling, I am allowed it in a greater sum. How far
punishment may be softened by concurring circumstances, is
another question.
It therefore follows of course, that if my creditor has a right to
recover his unfortunate property, those laws are the nearest to
perfection, that will enable him to recover it with the most expedition,
and the least expence and trouble to us both.
If the charge of recovery is likely to exceed the debt, he will be apt
to desist, I to laugh at him, and to try my skill at a second
enterprize.
Trade and credit cannot be well separated; they are as closely connected
as the wax and the paper. The laws of credit, therefore, ought to rest
upon a permanent foundation: neither is law necessary to restrain
credit; for if, in a commercial state, it becomes detrimental by its
over growth, it finds itself a remedy.
Much has been said, and perhaps more than has been thought, concerning
the court before us. The loser is expected to complain, and his friends
to give him a partial hearing; and though he breathes _vengeance_
against his antagonist, it ends in a _breath_.
The looker-on can easily spy an error in the actor. If a fault is
committed, we are glad it was done by another; besides, it is no new
thing for the _outs_ to complain of the _ins_. It will plead strongly in
excuse, to say, the intention was right, if the judgment was wrong. If
perfection is r
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