Page:Essay on Crimes and Punishments (1775).djvu/189

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vidual; who is not obliged by particular laws, and irregular proceedings, to separate the public good from that of individuals, and erect the image of public felicity on the basis of fear and distrust; but, like a wise philosopher, he will permit his brethren to enjoy, in quiet, that small portion of happiness, which the immense system, established by the first cause, permits them to taste on this earth, which is but a point in the universe.

A small crime is sometimes pardoned, if the person offended chuses to forgive the offender. This may be an act of good-nature and humanity, but it is contrary to the good of the public. For although a private citizen may dispense with satisfaction for the injury he has received, he cannot remove the necessity of example. The right of punishing belongs not to any individual in particular, but to society in general, or the sovereign. He may renounce his own portion of this right, but cannot give up that of others.