4523. LAW, Sanguinary.—
The experience
of all ages and countries has shown that
cruel and sanguinary laws defeat their own
purpose, by engaging the benevolence of mankind
to withhold prosecutions, to smother
testimony, or to listen to it with bias, and
by producing in many instances a total dispensation
and impunity under the names of
pardon and privilege of clergy; when, if the
punishment were only proportioned to the injury,
men would feel it their inclination, as
well as their duty, to see the laws observed.—
Crimes Bill. Washington ed. i, 148.
Ford ed., ii, 204.
(1779)
