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
Suicide is by law punishable by forfeiture of chattels.
This bill exempts it from forfeiture. The suicide injures
the State less than he who leaves it with his effects. If
the latter then be not punished, the former should not.
As to the example, we need not fear its influence. Men are
too much attached to life, to exhibit frequent instances of
depriving themselves of it. At any rate, the quasi-punishment
of confiscation will not prevent it. For if one be found
who can calmly determine to renounce life, who is so weary
of his existence here, as rather to make experiment of what
is beyond the grave, can we suppose him, in such a state of
mind, susceptible of influence from the losses to his family
from confiscation? That men in general, too, disapprove of
this severity, is apparent from the constant practice of
juries finding the suicide in a state of insanity; because
they have no other way of saving the forfeiture. Let it then
be done away.
[45] Beccaria. § 19. 25. G. 2. c. 37.
[46] 13. E. 1. e. 34. Forcible abduction of a woman having
substance, is felony by 3. H. 7. c. 2. 3. Inst. 61. 4. Bl.
208. If goods be taken, it will be felony as to them, without
this statute; and as to the abduction of the woman, quære if
not better to leave that, and also kidnapping, 4. Bl. 219.
to the Common law remedies, viz., fine, imprisonment, and
pillory, Raym. 474. 2 Show. 221. Skin. 47. Comb. 10. the
writs of Homine replegiando, Capias in Withernam, Habeas
corpus, and the action of trespass? Rape was felony at the
Common law. 3. Inst. 60. but see 2. Inst. 181. further--for
its definition see 2. Inst. 180. Bracton, L. 3. c. 28.
§ 1. says the punishment of rape is "amissio membrorum,
ut sit membrum pro membro, quia virgo, cum corrumpitur,
membrum amittit, et ideo corruptor puniatur in eo in quo
deliquit; oculos igitur amittat propter aspectum decoris
quo virginem concupivit; amittat et testiculos qui calorem
stupri induxerunt. Olim quidem corruptores virginitatis et
castitatis suspendebantur et eorum fautores, &c. Modernis
tamen temporibus aliter observatur," &c. And Fleta, "solet
justiciarius pro quolibet mahemio ad amissionem testiculorum
vel oculorum convictum condemnare, sed non sine errore,
eo quod id judicium nisi in corruptione virginum tantum
competebat; nam pro virginitatis corruptione solebant abscidi
et merito judicari, ut sic pro membro quod abstulit, membrum
per quod deliquit amitteret, viz., testiculos, qui calorem
stupri induxerunt," &c. Fleta, L. 1. c. 40. § 4. "Gif theow
man theowne to nydhed genyde, gabte mid his eowende:" "Si
servus servam ad stuprum coegerit, compenset hoc virga sua
virili. Si quis puellam," &c. Ll. Aelfridi. 25. "Hi purgist
femme per forze forfait ad les membres." Ll. Gul. conq. 19.
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