The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
Whereas, it frequently happens that wicked and dissolute men, resigning
themselves to the dominion of inordinate passions, commit violations on
the lives, liberties, and property of others, and, the secure enjoyment
of these having principally induced men to enter into society,
government would be defective in its principal purpose, were it not to
restrain such criminal acts, by inflicting due punishments on those who
perpetrate them; but it appears, at the same time, equally deducible
from the purposes of society, that a member thereof, committing an
inferior injury, does not wholly forfeit the protection of his fellow
citizens, but, after suffering a punishment in proportion to his
offence, is entitled to their protection from all greater pain, so that
it becomes a duty in the legislature to arrange, in a proper scale,
the crimes which it may be necessary for them to repress, and to adjust
thereto a corresponding gradation of punishments.
And whereas, the reformation of offenders, though an object worthy
the attention of the laws, is not effected at all by capital
punishments, which exterminate instead of reforming, and should be
the last melancholy resource against those whose existence is become
inconsistent with the safety of their fellow citizens, which also
weaken the State, by cutting off so many who, if reformed, might
be restored sound members to society, who, even under a course of
correction, might be rendered useful in various labors for the public,
and would be living and long-continued spectacles to deter others from
committing the like offences.
And forasmuch as the experience of all ages and countries hath shown,
that cruel and sanguinary laws defeat their own purpose, by engaging
the benevolence of mankind to withhold prosecutions, to smother
testimony, or to listen to it with bias, when, if the punishment were
only proportioned to the injury, men would feel it their inclination,
as well as their duty, to see the laws observed.
For rendering crimes and punishments, therefore, more proportionate to
each other:
Be it enacted by the General Assembly, that no crime shall be
henceforth punished by the deprivation of life or limb,[29] except
those hereinafter ordained to be so punished.
[30]If a man do levy war[31] against the Commonwealth [_in the
same_], or be adherent to the enemies of the Commonwealth [_within
the same_],[32] giving to them aid or comfort in the Commonwealth, or
elsewhere, and thereof be convicted of open deed, by the evidence of
two sufficient witnesses, or his own voluntary confession, the said
cases, and no[33] others, shall be adjudged treasons which extend to
the Commonwealth, and the person so convicted shall suffer death, by
hanging,[34] and shall forfeit his lands and goods to the Commonwealth.
If any person commit petty treason, or a husband murder his wife, a
parent[35] his child, or a child his parent, he shall suffer death by
hanging, and his body be delivered to Anatomists to be dissected.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account