Page:Essay on Crimes and Punishments (1775).djvu/147

 which is to prove the inutility of making the nation a prison. Such a law is vain, because, unless inaccessible rocks, or impassable seas, divide the country from all others, how will it be possible to secure every point of the circumference, or how will you guard the guards themselves? Besides, this crime once committed, cannot be punished; and to punish it before hand, would be to punish the intention and not the action; the will, which is entirely out of the power of human laws. To punish the absent by confiscating his effects, besides the facility of collusion, which would inevitably be the case, and which, without tyranny, could not be prevented, would put a stop to all commerce with other nations. To punish the criminal when he returns, would be to prevent him from repairing the evil he had already done to society, by making his absence perpetual. Besides, any prohibition would increase the desire of removing, and would infallibly prevent strangers from settling in the country.