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 beside, the compact pact is inadequate, and would be set aside even in a court of modern equity, as there is a great penalty for a very trifling convenience, 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, or 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.

I cannot tell whether it is from the number of our penal laws, or the licentiousness of our people, that this country should show more convicts in a year, than half the dominions of Europe united. Perhaps it is owing to both; for they mutally produce each other. When, by indiscrimate penal laws, a nation beholds the same punishment affixed to dissimilar degrees of guilt, from perceiving no distinction in the penalty, the people are led to lose all sense of distinction in the crime, and this distinction is the bulwark of all morality: thus the multitude of laws produce new vices, and new vices call for fresh restraints.

It were to be wished, then, that power, instead of contriving new laws to punish vice, instead of drawing hard the cords of society till a convulsion come to burst them, instead of cutting away wretches as useless before we have tried their utility, instead of converting correction into vengeance, it were to be wished that we tried the restrictive arts of government, and made the law protector, but not the tyrant of the people. We should then find that creatures, whose souls are held as dross, only wanted the hand of a refiner; we should then find that creatures now stuck up for long tortures, lest luxury should feel a momentary pang, might, if properly treated, serve to sinew the state in times of danger; that as their faces are like ours, their hearts are so too; that few minds are so base as that perseverance cannot amend; that a man may see his last crime without dying for it; and that very little blood will serve to cement our security.


  By PanEris using Melati.

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