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Show 0 304 ACTS RELATING Part1"; He who {hould extend, or think I meant to extend, this idea f0 far as to' confound innocence and guilt, or to met e out to both alike, in any cafe whe re a diltinétion can pollibly be drawn, the fam e meafure of favour or difcountenan ce, would either argue very ill himfelf, or make a Very unfair ufe of my principl es. It is onlyth impracticability of feve ring the innocent from the guilty, nor even that fingly, that can juf‘tify the involv ing of them in one common punifhment. Not to make a diflinétion, where it is praé ticable to make a difiinétion, betwee n guilt and innocence, is to def'troy the efficacy of punilhment as a fpur to ac‘tion. To pu- Beet. V. TO THE COLONIES. 385- Undcr thefe iefiric‘tions let us apply this maxim to the a9: before us. There are but two ways of punilh ing: --individually, or collectively. To pu~ nilh individually, you mutt punilhjuclicially; and to punifh judicially, there Inuit be a trial. But it is vain to try, where you are furc before-hand there can be conviétion. There can be no allurance of conviétion, be the guilt ever f0 indi f-a putable, where the probability is, that the jury are accomplices with the culprits. Accompliccs will not convict one anothe r, when they can avoid it. Juries will not conviet, as for an aét of guilt, for an aét of the mifchief to be prevented by punifh- in which they are perfuaded in their confcience, there is no guilt, much lets for an aft, which they are perfuaded is merito- ment, would not be a greater evil to the rious. innocent, than the evil the y fufier by the punifhment, we have alre ady faid, and of Jacobites would convict a man of high treai'on for adhering to the Pretender? mul't again repeat, would be an arbitrary and cruel exertion of power. Conceive the Pretender, by a miracle of an nifh the innocent, where the continuance Under Could it be expected, that a jury avenging deity, placed on the throne of thele kingdoms, would a free jury 0f Cc Whigs |