And it were highly to be wished, that legislative power would thus
direct the law rather to reformation than severity; that it would seem
convinced that the work of eradicating crimes is not by making
punishments familiar, but formidable. Then, instead of our present
prisons, which find or make men guilty, which enclose wretches for the
commission of one crime, and return them, if returned alive, fitted for
the perpetration of thousands, we should see, as in other parts of
Europe, places of penitence and solitude, where the accused might be
attended by such as could give them repentance if guilty, or new motives
to virtue if innocent. And this, but not the increasing punishments, is
the way to mend a state: nor can I avoid even questioning the validity
of that right which social combinations have assumed of capitally
punishing offences of a slight nature. In cases of murder their right is
obvious, as it is the duty of us all, from the law of self-defence, to
cut off that man who has shown a disregard for the life of another.
Against such, all nature rises in arms; but it is not so against him who
steals my property. Natural law gives me no right to take away his life,
as by that the horse he steals is as much his property as mine. If,
then, I have any right, it must be from a compact made between us, that
he who deprives the other of his horse shall die. But this is a false
compact; because no man has a right to barter his life any more than to
take it away, as it is not his own. And besides, the compact is
inadequate, and would be set aside even in a court of modern equity, as
there is a great penalty for a trifling inconvenience, since it is far
better that two men should live than that one man should ride. But a
compact that is false between two men is equally so between a hundred
and a hundred thousand; for as ten millions of circles can never make a
square, so the united voice of myriads cannot lend the smallest
foundation to falsehood. It is thus that reason speaks, and untutored
nature says the same thing. Savages that are directed by natural law
alone are very tender of the lives of each other; they seldom shed blood
but to retaliate former cruelty.
Our Saxon ancestors, fierce as they were in war, had but few executions
in times of peace; and in all commencing governments, that have the
print of nature still strong upon them, scarcely any crime is held
capital.
It is among the citizens of a refined community that penal laws, which
are in the hands of the rich, are laid upon the poor. Government, while
it grows older, seems to acquire the moroseness of age; and as if our
property were become dearer in proportion as it increased—as if the more
enormous our wealth, the more extensive our fears—all our possessions
are paled up with new edicts every day, and hung round with gibbets to
scare every invader.
Public-domain text, read in full here on John Shaqi.
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