factors is commonly cut off, and their successors are frighted into new expedients; the art of thievery is augmented with greater variety of fraud, and subtilized to higher degrees of dexterity, and more occult methods of conveyance. The law then renews the pursuit in the heat of anger, and overtakes the offender again with death. By this practice, capital inflictions are multiplied, and crimes, very different in their degrees of enormity, are equally subjected to the severest punishment that man has the power of exercising upon man.
The lawgiver is undoubtedly allowed to estimate the malignity of an offence, not merely by the loss or pain which single acts may produce, but by the general alarm and anxiety arising from the fear of mischief and insecurity of possession: he therefore exercises the right which societies are supposed to have over the lives of those that compose them, not simply to punish a transgression, but to maintain order and preserve quiet; he enforces those laws with severity that are most in danger of violation, as the commander of a garrison doubles the guard on that side which is threatened by the enemy.
This method has been long tried, but tried with so little success, that rapine and violence are hourly increasing: yet few seem willing to despair of its efficacy, and of those who employ their speculations upon the present corruption of the people, some propose the introduction of more horrid, lingering, and terrifick punishments; some are inclined to accelerate the executions; some to discourage pardons; and all seem to think that lenity has given confidence to
