7:5 



reclamation of the oft'eiider, except where the culprits were 

 young and of comparatively tender years, — that experience 

 showed that when individuals liad attained a certain age, and 

 had become habituated to crime, there was little chance of 

 reforming them, — that the object of punishment was the safety 

 of society, — and that punishment was a satisfaction for an 

 offence committed. 



% This last principle was practically carried out by our law- 

 givers, in assigning to each offence a penalty, considered by 

 them to be partially equivalent to the crime. 



In early times, when civilization was low, a money standard 

 was adopted. 



This had been changed as knowledge had increased, from 

 the immunity it gave to the rich and powerful ; but the prin- 

 ciple was still retained in the fines charged for many civil 

 offences. 



The use of torture was now abolished, and the only way in 

 which individuals could be punished, was by whippingy impri- 

 sonment — (with or without hard labour — solitary and silent, 

 or silent only, and for terms varying from weeks to years) and 

 transportation (for seven, ten, twenty years, or for life). 



Beyond these punishments it was not possible to go, unless 

 the penalty of death were retained; and the question was 

 whether this ought to be retained. He considered that it 

 should, as being the penalty most dreaded, and the only one 

 commensurate to the highest crime — murder. 



Though criminal murder and what was called judicial 

 strangling, had been often placed in the same category, there 

 was the greatest possible difference between them in degree. 



He believed that many were deterred from crime by fear of 

 death, who would not be deterred by the dread of any lesser 

 penalty. Many perpetrating a crime to which a long period 

 of solitary and aimless toil was imposed as a penalty, would 

 willingly commit murder to screen it, and thus hazard a few 

 years more suffering, if, by so doing, they diminished the 



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