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Show Seft. V. 38o Ae'rs RELATING TO THE Commas, 381- Part Hi. fuppreflion of mifchicf; of that particular were I to beat B, or any other perfon who mifchief, the fenl‘e of which was the caufc had not angered me, I {hould certainly be condemned: every mouth would exclaim, and with rcafon, that my behaviour was unjufl'. Individuals obeying the impulfe of paffion, ailing on the Cslr'L‘L principle, punilh becaufe they are angry, and within cer- of punifhment being thought of. Now Whether this end, the fuppreflion of mifchief, be obtained by the punilhment of A, who was the author of it, or of B, who was not the author of it, does not make {0 material a diderence, as at firll‘ fight, we are apt to think: provided always, tain bounds, upon certain occalions; the that the fum of evil introduced by the pu- fuffiage of mankind in general allows them to do (0. But furely governments, magiflrates, as fuch, do mt punifh, beeaufe they are an- nifhment, be in neither cafe greater than what is neccfihry for the fupprcfiion of the mifehief. True it is, that the ftifFering of B, who gry,~--at leall they pug/1t not. Thus much at lcalt will, I fuppofe, be acknowledged on all hands, that were it certain, that in any inflance, the legillature punithed a man, or fet of men, becaufe the members who conipoicd the legiflature were angry with them, and for no other reafon, every is not guilty, is a thing by no means to be wilhed ; but neither is the filtering of A, who 1'; guilty, a thing at all to be wilhed, unlefs upon the principle of vengeance, which we have reprobated above. That the mifchief could be fupprelled without the fuffering either of the innocent, or the man would certainly cry {liaine on fueh a . T‘fln leginatuxe . The end, the only dcfenfihle end, of pu- nifhment inflithd by public hands, is the {up- guilty, were a thing devoutly to be Wilhed. |