He who knows not how often rigorous laws produce total impunity, and how
many crimes are concealed and forgotten for fear of hurrying the
offender to that state in which there is no repentance, has conversed
very little with mankind. And whatever epithets of reproach or contempt
this compassion may incur from those who confound cruelty with firmness,
I know not whether any wise man would wish it less powerful, or less
extensive.
If those whom the wisdom of our laws has condemned to die, had been
detected in their rudiments of robbery, they might, by proper discipline
and useful labour, have been disentangled from their habits, they might
have escaped all the temptation to subsequent crimes, and passed their
days in reparation and penitence; and detected they might all have been,
had the prosecutors been certain that their lives would have been
spared. I believe, every thief will confess, that he has been more than
once seized and dismissed; and that he has sometimes ventured upon
capital crimes, because he knew, that those whom he injured would rather
connive at his escape, than cloud their minds with the horrours of his
death.
All laws against wickedness are ineffectual, unless some will inform,
and some will prosecute; but till we mitigate the penalties for mere
violations of property, information will always be hated, and
prosecution dreaded.
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