Page:Memoir, correspondence, and miscellanies, from the papers of Thomas Jefferson - Volume 1.djvu/136

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of the Common law, I wrote in their original, for my own satisfac- tion;* but [have added Latin, or liberal English translations. From the time of Canute to that of the Magna Charta, you know, the text of our statutes is preserved to us in Latin only, and some old French.

I have strictly observed the scale of punishments settled by the Committee, without being entirely satisfied with it. The Lex talz- onis, although a restitution of the Common law, to the simplicity of which we have generally found it so advantageous to return, will be revolting to the humanised feelings of modern times. An eye for an’eye, and a hand for a hand, will exhibit spectacles in exe- cution whose moral effect would be questionable; and even the membrum pro membro of Bracton, or the punishment of the offend- ing member, although long authorised by our law, for the same offence in a slave, has, you know, been not long since repealed, in conformity with public sentiment. This needs reconsideration.

I have heard little of the proceedings of the Assembly, and do not expect to be with you till about the close of the month. In the meantime, present me respectfully to Mrs. Wythe, and accept assurances of the affectionate esteem and respect of, dear Sir,

Your friend and servant, Th: Jefferson.

George Wythe, Esq. ---

A bill for proportioning crimes and punishments, m cases hereto- fore capital.

Whereas, it frequently happens that wicked and dissolute men, resigning themselves to the dominion of inordinate passions, commit violations on the lives, liberties, and property of others, and, the secure enjoyment of these having principally induced men to en- ter into society, government would be defective, in its principal purpose, were it not to restrain such criminal acts, by inflicting due punishments on those who perpetrate them ; but it appears, at the same time, equally deducible from the purposes of society, that a member thereof, committmg an inferior injury, does not wholly forfeit the protection of his fellow citizens, but, after suffermg a punishment in proportion to his offence, is entitled to their protec- tion from all greater pain, so that it becomes a duty in the legis-

[* In this publication, the original Saxon words are given, but, owing to the want of Saxon letter, they are printed in common type.]