The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)Burke, Edmund
Philosophy
The Works of the Right Honourable Edmund Burke, Vol. 06 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
The license, and complete impunity too, of the publications which from
the beginning instigated the people to such actions, and in the midst of
trials and executions still continues, does in a great degree render
these creatures an object of compassion. In the Public Advertiser of
this morning there are two or three paragraphs strongly recommending
such outrages, and stimulating the people to violence against the houses
and persons of Roman Catholics, and even against the chapels of the
foreign ministers.
I would not go so far as to adopt the maxim, _Quicquid multis peccatur
inultum_; but certainly offences committed by vast multitudes are
somewhat palliated in the _individuals_, who, when so many escape, are
always looked upon rather as unlucky than criminal. All our loose ideas
of justice, as it affects any individual, have in them something of
comparison to the situation of others; and no systematic reasoning can
wholly free us from such impressions.
Phil. de Comines says our English civil wars were less destructive than
others, because the cry of the conqueror always was, "Spare the common
people." This principle of war should be at least as prevalent in the
execution of justice. The appetite of justice is easily satisfied, and
it is best nourished with the least possible blood. We may, too,
recollect that between capital punishment and total impunity there are
many stages.
On the whole, every circumstance of mercy, and of comparative justice,
does, in my opinion, plead in favor of such low, untaught, or ill-taught
wretches. But above all, the policy of government is deeply interested
that the punishments should appear _one_, solemn, deliberate act, aimed
not at random, and at particular offences, but done with a relation to
the general spirit of the tumults; and they ought to be nothing more
than what is sufficient to mark and discountenance that spirit.
CIRCUMSTANCES FOR MERCY.
Not being principal.
Probable want of early and deliberate purposes.
Youth where the highest malice does not appear.
Sex where the highest malice does not appear.
Intoxication and levity, or mere wantonness of any kind.
A
LETTER
TO
THE RIGHT HON. HENRY DUNDAS,
ONE OF HIS MAJESTY'S PRINCIPAL SECRETARIES OF STATE.
WITH THE
SKETCH OF A NEGRO CODE.
1792.
Dear Sir,--I should have been punctual in sending you the sketch I
promised of my old African Code, if some friends from London had not
come in upon me last Saturday, and engaged me till noon this day: I send
this packet by one of them who is still here. If what I send be, as
under present circumstances it must be, imperfect, you will excuse it,
as being done near twelve years ago. About four years since I made an
abstract of it, upon which I cannot at present lay my hands; but I hope
the marginal heads will in some measure supply it.
Public-domain text, read in full here on John Shaqi.
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