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ON THE PUNISHMENT OF DEATH.

A Fragment.

The first law which it becomes a Reformer to propose and support, at the approach of a period of great political change, is the abolition of the punishment of death.

It is sufficiently clear that revenge, retaliation, atonement, expiation, are rules and motives, so far from deserving a place in any enlightened system of political life, that they are the chief sources of a prodigious class of miseries in the domestic circles of society. It is clear that however the spirit of legislation may appear to frame institutions upon more philosophical maxims, it has hitherto, in those cases which are termed criminal, done little more than palliate the spirit, by gratifying a portion of it; and afforded a compromise between that which is best;—the inflicting of no evil upon a sensitive being, without a decisively beneficial result in which he should at least participate;—and that which is worst; that he should be put to torture for the amusement of those whom he may have injured, or may seem to have injured.

Omitting these remoter considerations, let us inquire what Death is; that which is applied as a measure of transgressions of indefinite shades of distinction, so