Page:Works of the Late Doctor Benjamin Franklin (1793).djvu/259

249 he, "the true grounds and reaſons of all capital puniſhments whatſoever, namely, that every man's property, as well as his life, may beheld ſacred and inviolate." Is there then no difference in value between property and life? If I think it right that the crime of murder ſhould be puniſhed with death, not only as an equal puniſhment of the crime, but to prevent other murders, does it follow that I muſt approve of inflicting the ſame puniſhment for a little invaſion on my property by theft? If I am not myſelf ſo barbarous, ſo bloody-minded, and revengeful, as to kill a fellow-creature for ſtealing from me fourteen ſhillings and three-pence, how can I approve of a law that does it? Monteſquieu, who was himſelf a judge, endeavours to impreſs other maxims. He muſt have known what humane judges feel on ſuch occaſions, and what the effects of thoſe feelings; and, ſo far from thinking that ſevere and exceſſive puniſhments prevent crimes, he aſſerts, as quoted by our French writer, that

"L’atrocité des loix en empéche l’exécution.

"Lorſque la peìne eſt ſans meſure, on eſt ſouvent obligé de lui préférer l’impunité.

"La cauſe de tous les relâchemens vient de l'impunité des crimes, et non de la modération des peines"

It is laid by thoſe who know Europe generally, that there are more thefts committed and puniſhed annually in England, than in all the other nations put together. If this be ſo, there muſt be a cauſe or cauſes for ſuch depravity in our common people. May not one be the deficiency of juſtice and morality in our national government, manifeſted in bur oppreſſive conduct to ſubjects, and unjuſt wars on our neighbours? View the long-perſiſted in, unjuſt, monopolizing treatment of Ireland, at length acknowledged! View the