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[3] All, states and individuals, are alike prone to err, and there is no law that will prevent them; or why should men have exhausted the list of punishments in search of enactments to protect them from evil-doers? It is probable that in early times the penalties for the greatest offences were less severe, and that, as these were disregarded, the penalty of death has been by degrees in most cases arrived at, which is itself disregarded in like manner.

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