Thursday, January 21, 2016

Mr. Henry has a point: "They may introduce the practice of France, Spain, and Germany--of torturing, to extort a confession of the crime...."

   "What has distinguished our ancestors?-- That they would not admit of tortures, or cruel and barbarous punishment. But Congress may introduce the practice of the civil law, in preference to that of the common law. They may [Pg. 448] introduce the practice of France, Spain, and Germany--of torturing, to extort a confession of the crime. They will say that they might as well draw examples from those countries as from Great Britain, and they will tell you that there is such a necessity of strengthening the arm of government, that they must have a criminal equity, and extort confession by torture, in order to punish with still more relentless severity. We are then lost and undone...."--Patrick Henry, Jume 14, 1788, The Debates In The Convention Of The State Of Virginia, On The Adoption Of The Federal Constitution. [Elliot's Debates, Vol. III, Pg. 447-8]
   Mr. Henry must have been wearing his Amazing Carnac turbin that day....


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