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 labours 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 shewn, 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; and by producing in
many instances a total dispensation and impunity under the names of
pardon and privilege of clergy; 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; and the power of
dispensation, so dangerous and mischievous, which produces crimes by
holding up a hope of impunity, might totally be abolished, so that
men while contemplating to perpetrate a crime would see their
punishment ensuing as necessarily as effects follow their causes; for
rendering crimes and punishments, therefore, more proportionate to
each other,
SECT.
Pages:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36