Page:Sphere and Duties of Government.djvu/189

169 mere request contained in a law, and every admonition or advice which a superior gives in virtue of it, is a positive command, which theoretically, it is true, men are not forced observe, but which in reality they always do obey. Lastly, we must take into account how many circumstances may oblige, and how many motives may incite, men to follow such advice, even wholly contrary to their convictions. Of this kind is usually the influence which the State exercises over those destined for the transaction of its affairs, and through whom it endeavours, at the same time, to operate on the other citizens. Since such persons are leagued with the State by special contracts, it is certain that it can exercise greater rights over them than over the other citizens. But if it faithfully adheres to the principles of the highest legal freedom, it will not seek to obtain more from them than the fulfilment of civic duties in general, and of those especial duties which are required by their especial offices. For it evidently exercises too vast a positive influence on the citizens in general when it tries to impose on these, in virtue of their special connection with it, anything which it has no right to impose directly on the other citizens. Without taking any positive steps in that direction, it is only too much anticipated by men's passions; and the task of preventing the evils which arise of themselves from these sources, will be amply sufficient to engross its zeal and vigilance.

A nearer motive for preventing crimes by the suppression of their exciting causes in the character is furnished by considerations of those who, by their actual transgressions of the law, awaken a reasonable anxiety with regard to their future conduct. It is with this view that the most enlightened modern legislators have endeavoured to make punishments at the same time reformatory in their operation. Now it is certain, not only that everything should be removed from the punishment of criminals at all calculated to do harm to their