Critical and Historical Essays — Volume 1 — John Shaqi
Critical and Historical Essays — Volume 1Macaulay, Thomas Babington Macaulay, Baron
History
Critical and Historical Essays — Volume 1
Macaulay, Thomas Babington Macaulay, Baron
English literature -- History and criticism; Great Britain -- History
The remarks of Mr. Hallam on the bill of attainder, though, as
usual, weighty and acute, do not perfectly satisfy us. He defends the
principle, but objects to the severity of the punishment. That, on great
emergencies, the State may justifiably pass a retrospective act against
an offender, we have no doubt whatever. We are acquainted with only one
argument on the other side, which has in it enough of reason to bear an
answer. Warning, it is said, is the end of punishment. But a punishment
inflicted, not by a general rule, but by an arbitrary discretion, cannot
serve the purpose of a warning. It is therefore useless; and useless
pain ought not to be inflicted. This sophism has found its way into
several books on penal legislation. It admits however of a very simple
refutation. In the first place, punishments ex post facto are not
altogether useless even as warnings. They are warnings to a particular
class which stand in great need of warnings to favourites and ministers.
They remind persons of this description that there maybe a day of
reckoning for those who ruin and enslave their country in all forms
of the law. But this is not all. Warning is, in ordinary cases, the
principal end of punishment; but it is not the only end. To remove
the offender, to preserve society from those dangers which are to be
apprehended from his incorrigible depravity, is often one of the ends.
In the case of such a knave as Wild, or such a ruffian as Thurtell, it
is a very important end. In the case of a powerful and wicked statesman,
it is infinitely more important; so important, as alone to justify the
utmost severity, even though it were certain that his fate would not
deter others from imitating his example. At present, indeed, we should
think it extremely pernicious to take such a course, even with a worse
minister than Strafford, if a worse could exist; for, at present,
Parliament has only to withhold its support from a Cabinet to produce an
immediate change of hands. The case was widely different in the reign of
Charles the First. That Prince had governed during eleven years without
any Parliament; and, even when Parliament was sitting, had supported
Buckingham against its most violent remonstrances.
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