Benjamin Franklin; Self-Revealed, Volume 2 (of 2): A Biographical and Critical Study Based Mainly on his own WritingsBruce, Wiliam Cabell
History
Benjamin Franklin; Self-Revealed, Volume 2 (of 2): A Biographical and Critical Study Based Mainly on his own Writings
Bruce, Wiliam Cabell
Franklin, Benjamin, 1706-1790
Franklin's views about punishment were also conspicuously worthy of his
kind heart and sound sense. His letter to Benjamin Vaughan on the Criminal
Laws is one of his best essays, and merited the honor conferred on it by
Samuel Romilly, when he added it in the form of an appendix to his own
observations on _Dr. Madan's Thoughts on Executive Justice_. In the course
of his feeling exposures of existing fallacies with respect to the
philosophy of punishment, Franklin, who did not scruple to say that there
would be less crime, if there were no criminal laws, asked these searching
questions:
I see, in the last Newspaper from London, that a Woman
is capitally convicted at the Old Bailey, for privately
stealing out of a Shop some Gauze, value 14 Shillings
and three pence; is there any Proportion between the
Injury done by a Theft, value 14/3, and the Punishment
of a human Creature, by Death, on a Gibbet? Might not
that Woman, by her Labour, have made the Reparation
ordain'd by God, in paying fourfold? Is not all
Punishment inflicted beyond the Merit of the Offence,
so much Punishment of Innocence? In this light, how
vast is the annual Quantity of not only _injured_, but
_suffering_ Innocence, in almost all the civilized
States of Europe!
That Franklin was opposed to imprisonment for debt it is hardly necessary
to say. His sense of humor, if nothing else, was sufficient to point out to
him the absurdity of depriving a debtor of all means of earning money until
he earned enough to satisfy his creditors. John Baynes, in his Journal,
informs us that, in a conversation with him, Franklin expressed his
disapprobation of "this usage" in very strong terms. He said he could not
compare any sum of money with imprisonment--they were not commensurable
quantities.
Both slavery and the slave trade were held by Franklin in just reprobation,
but his views on these subjects, it must be confessed, would be weightier,
if he had not trafficked at one time in slaves himself. As it is, he
occupies somewhat the same equivocal position as that which inspired Thomas
Moore to pen the blackguard lines in which he pictured the American
slaveholding patriot as dreaming of Freedom in his bondmaid's arms.[49] The
economic truth, however, of what he had to say about Slave Labor in his
essay on "The Increase of Mankind" is undeniable.
Public-domain text, read in full here on John Shaqi.
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