But I
would leave such offences to the law, to be punished in measure and
proportion. The laws of this country are for the most part
constituted, and wisely so, for the general ends of Government,
rather than for the preservation of our particular liberties.
Whatever therefore is done in support of liberty, by persons not in
public trust, or not acting merely in that trust, is liable to be
more or less out of the ordinary course of the law; and the law
itself is sufficient to animadvert upon it with great severity.
Nothing indeed can hinder that severe letter from crushing us,
except the temperaments it may receive from a trial by jury. But if
the habit prevails of GOING BEYOND THE LAW, and superseding this
judicature, of carrying offences, real or supposed, into the
legislative bodies, who shall establish themselves into COURTS OF
CRIMINAL EQUITY, (so THE STAR CHAMBER has been called by Lord
Bacon,) all the evils of the STAR Chamber are revived. A large and
liberal construction in ascertaining offences, and a discretionary
power in punishing them, is the idea of criminal equity; which is in
truth a monster in Jurisprudence.
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