Mr. Turner on Crimes and Pumjhments, 341 



And that in every inflance he ought to appoint 

 only fuch fanflions to his laws, as fhall be ade^ 

 quale, and no more than adequate^ to prevent the 

 crimes which are the objedls of them. 



ir, in the courfe of this flight Eflay, anv thing 

 has been offered in the leaft degree worthy the 

 attention of this refpeftable Society, and more 

 efpecially, if it IhouJd be the means of furnifhing 

 agreeable and ufeful topics of debate, its end 

 will be anfwcred, and its author fatisfied. 



Mem. The rule, " That the meafure of punlfhment 

 « fhall be fuch as may be adequate to the prevention of 

 *' the oftence," muft only be extended to fuch ofFencea, 

 as iL is in the magiftrate's power to prevent without 

 occafioning a greater evil than will arife from its permif- 

 fion. Judge Blackftone happily obferves. " The dama^ 

 " done to our publU roads by loaded waggons is univer- 

 " fally acknowledged, and many laws have been made 

 " to prevent it, none of which have proved eiFedtual " 

 But it does not therefore follon» that it nxiould be juft i„ 'the 

 legijlature to inflia death upon every obftinate carrier who 

 defeats or eludes the provifions of former ftatutes. 

 Vol. IV. p. 10. 



23 Cn 



