1785) Essays ’7 
should be punished with death, not only as an equal 
punishment of the crime, but to prevent other mur- 
ders, does it follow that I must approve of inflicting 
the same punishment for a little invasion on my 
property by theft? If I am not myself so barbarous, 
so bloody-minded and revengeful, as to kill a fellow- 
creature for stealing from me fourteen shillings and 
threepence, how can I approve of a law that does 
it? Montesquieu, who was himself a judge, endeav- 
ors to impress other maxims. He must have known 
what humane judges feel on such occasions, and 
what the effects of those feelings; and, so far from 
thinking that severe and excessive punishments pre- 
vent crimes, he asserts, as quoted by our French 
writer, page 4, that— 
“L’atrocité des loix en empéche I'exécution. 
“Lorsque la peine est sans mesure, on est souvent 
obligé de lui préférer I'impunité. 
“La cause de tous les relachemens vient de Uimpu- 
nité des crimes, et non de la modération des peines.’’ = 
It is said by those who know Europe generally, 
that there are more thefts committed and punished 
annually in England than in all the other nations 
put together. If this be so, there must be a cause 
or causes for such depravity in your common people. 
May not one be the deficiency of justice and morality 
in your national government, manifested in your op- 
“The atrocity of laws prevents their being executed. 
“When the punishment is excessive, it is often found necessary to 
prefer impunity. 
“The cause of all the violations of the laws comes from the impunity 
of crimes, and not from the moderation of the penalties.” 
2c