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Show 382 ACTS RELATING Part III. Sect. V. TO THE Commas. 383 It is alfo true, that were a man to c/zzrfc, it is againi'c A, who 2'; guilty, that he cile him to this irkfome necei'lity. Taking would level the punifhrnent, much rather the whole {um of innocence into the ac- than againfi' B, who is not guilty. He count, that is, the whole number of in- would do this for the cafe of his ovm mo- nocent perfons aficeéted, either by the in- ral feelings. difl‘atisfaétion, which reafonable or unrea- fliction of the puniihment, or the conti~ nuance of the milchief, it will appear, fonable, is fure to arilc in the breafis of the that lefs detriment accrues to, lefs fuller- multitude, from the principles above fet ing is laid on, innocence by this compli- forth. A diflatisfac‘tion, which increafes ance, than would be laid on, or accrue to the {um of evil, introduced by the punifh- it, in refufing to comply. ment, and which therefore is to be de- fers, it is true, by the infliction of punilh- duc‘led from the total account of the utility ment; of the meafure. But if, after all, the evil of the punifh- and that by a fuppofition to a degree fiill greater, by a continuance of the mifchief; ment in this mode can be lefs than the for if the evil of the mifchicf be not greater evil of the mifchief, and there be no other way in which the mifchief can be {up- than the evil of the punifhment, no punilhment, no 218: of power, ought to be prefi‘ed, at a lefs, or equal, expence of pu- exerted. He would do it to fave that niihment ; the magifirate has but one mode of conduct to purfue, if he would do his duty. He mull: punifh the innocent, or betray his duty. One One confideration may help to recon- Innocence luf- but innocence would alfo firffer, The benefit of the meafure calculated for relief, will not hear the ex- pence of it ‘. * Every acct ofauthority ofone man over another, for which there is not an abfolutc neceflity, is ty- zannical. Beecaria. He |