Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/22

10 commits it. It is not it's frequency only, or the difficulty of otherwie preventing it, that will excue our attempting to prevent it by a wanton effuion of human blood. For, though the end of punihment is to deter men from offending, it never can follow from thence, that it is lawful to deter them at any rate and by any means ; ince there may be unlawful methods of enforcing obedience even to the jutet laws. Every humane legilator will be therefore extremely cautious of etablihing laws that inflict the penalty of death, especially for light offences, or uch as are merely poitive. He will expect a better reaon for his o doing, than that looe one which generally is given ; that it is found by former experience that no lighter penalty will be effectual. For is it found upon farther experience, that capital punihments are more effectual ? Was the vat territory of all the Ruias wore regulated under the late empres Elizabeth, than under her more anguinary predeceors ? Is it now, under Catherine II, les civilized, les ocial, les ecure ? And yet we are aured, that neither of thee illutrious princees have, throughout their whole adminitration, inflicted the penalty of death : and the latter has, upon full peruauion of it's being ueles, nay even pernicious, given orders for abolihing it entirely throughout her extenive dominions. But indeed, were capital punihments proved by experience to be a ure and effectual remedy, that would not prove the neceity (upon which the jutice and propriety depend) of inflicting them upon all occaions when other expedients fail. I fear this reaoning would extend a great deal too far. For intance, the damage done to our public roads by loaded waggons is univerally allowed, and many laws have been made to prevent it ; none of which have hitherto proved effectual. But it does not therefore follow, that it would be jut for the legilature to inflict death upon every obtinate carrier, who defeats or eludes the proviions of former tatutes. Where the evil to be prevented is not adequate to the violence of the preventive, a overeign that thinks eriouly can never jutify Rh