Full resolution (TIFF) - On this page / på denna sida - I. Chapter. On Punishments
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nevertheless, only visited wilh some trifling corporal
punishment, or imprisonment. To allow the latter
the possibility of improvement and correction, but
to refuse it to the former, seems to be neither
rational nor just.
The punishment of death admits of no
restitution, even should the innocence of the person
executed be afterwards acknowledged. Instances
of this nature are certainly very uncommon;
examples are, however, to be found, which proves
that such unhappy mistakes may be committed;
and from these we may infer, that there are still
more, respecting which, the truth has never been
unveiled to the eye of man. Nor must it be
forgotten, that the first examination, where the cause
is to be explained and the real state of the case
found out, from complicated and often
contradictory statements, is sometimes entrusted to young
magistrates, who, although ihey possess both
learning and ability, and are animated by the noblest
feelings, nevertheless, still want that sure eye and
penetrating judgment, which nothing but long
experience and practice in the conducting of judicial
questions can give. The case is certainly referred,
afterwards, to higher courts for trial; but in general
they have for their direction, principally those
explanations which the documents contain; and the final
decision of the judgment depends more or less upon
them. This circumstance, which conscientious judges
will certainly testify, must be taken into
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