Full resolution (TIFF) - On this page / på denna sida - I. Chapter. On Punishments
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quantity of the punishment shall be in just
proportion to the extent of the offence itself; and as
in general every violation of the idea of justice
contains its own punishment, so the state has
encouraged the criminal to commit the greatest of
those crimes which are punished with
transportation, the responsibility being at all events the same,
and thus made him still more dangerous to the
public security. Hence it is seen, that the system
of transportation does not admit of that various
gradation which is necessary, to correspond to the
various nature of crime.
But if transportation acts unjustly through its
invariableness, it does not appear less unreasonable
with regard to its great differences when considered
as a punishment. For one who has broken all the
bands which united him with family and society,
exile is but a trifling punishment; his attention is
fixed on new, strange objects, which prevent all
self-examination, and by degrees smother the
reproving voice of conscience. For him, on the other
hand, who is separated from tender relations, a
dear home and a beloved native country, probably
for ever, transportation is perhaps the most cruel
of all punishments. But which of these two is the
most dangerous to the public safety? He, who,
egotistically locked up in himself, possesses no
feeling but for his own gain; or he, who, although
weak and erring, is nevertheless held to society by
so many close ties? Has not the punishment then
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