commits it. It is not it's frequency only, or the difficulty of otherwiſe preventing it, that will excuſe our attempting to prevent it by a wanton effuſion of human blood. For, though the end of puniſhment 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 ; ſince there may be unlawful methods of enforcing obedience even to the juſteſt laws. Every humane legiſlator will be therefore extremely cautious of eſtabliſhing laws that inflict the penalty of death, especially for ſlight offences, or ſuch as are merely poſitive. He will expect a better reaſon for his ſo doing, than that looſe 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 puniſhments are more effectual ? Was the vaſt territory of all the Ruſſias worſe regulated under the late empreſs Elizabeth, than under her more ſanguinary predeceſſors ? Is it now, under Catherine II, leſs civilized, leſs ſocial, leſs ſecure ? And yet we are aſſured, that neither of theſe illuſtrious princeſſes have, throughout their whole adminiſtration, inflicted the penalty of death : and the latter has, upon full perſuaſuion of it's being uſeleſs, nay even pernicious, given orders for aboliſhing it entirely throughout her extenſive dominions[1]. But indeed, were capital puniſhments proved by experience to be a ſure and effectual remedy, that would not prove the neceſſity (upon which the juſtice and propriety depend) of inflicting them upon all occaſions when other expedients fail. I fear this reaſoning would extend a great deal too far. For inſtance, the damage done to our public roads by loaded waggons is univerſally 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 juſt for the legiſlature to inflict death upon every obſtinate carrier, who defeats or eludes the proviſions of former ſtatutes. Where the evil to be prevented is not adequate to the violence of the preventive, a ſovereign that thinks ſeriouſly can never juſtify
- ↑ Grand inſtructions for framing a new code of laws for the Ruſſian empire. §. 210.
