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Crimes and Punishments. 131
point of the circumference, or how will you
guard the guards themfelves? Befides, this
crime, once committed, cannot be puniflied;
and to punilh it before hand, would be to pu-
nilh the intention and not the adtion; the will,
which is entirely out of' the power of human
laws. To punifh the abfent by confifcating his
effedts, befides the facility of collufion, which
would inevitably be the cafe, and which, with¬
out tyranny, could not be prevented, would put
a flop to all commerce with other nations. To
punilh the criminal when he returns, would be
to prevent him from repairing the evil he had
already done to fociety, by making his abfence
perpetual. Befides, any prohibition would in-
creafe the defire of removing, and would in¬
fallibly prevent ft rangers from fettling in the
country.
What muft we think of a government which
lias no means, but fear, to keep its fubjefts in
their own country; to which, by the firft im-
prelfions of their infancy, they are fo ftrongly
attached. The moft certain method of keeping
men at home, is, to make them happy; and it
is the intereft of every ftate to turn the balance,
not only of commerce, but of felicity, in favour
of its fubjects. The pleafures of luxury are not
the principal fources of this happinefs; though,
point of the circumference, or how will you
guard the guards themfelves? Befides, this
crime, once committed, cannot be puniflied;
and to punilh it before hand, would be to pu-
nilh the intention and not the adtion; the will,
which is entirely out of' the power of human
laws. To punifh the abfent by confifcating his
effedts, befides the facility of collufion, which
would inevitably be the cafe, and which, with¬
out tyranny, could not be prevented, would put
a flop to all commerce with other nations. To
punilh the criminal when he returns, would be
to prevent him from repairing the evil he had
already done to fociety, by making his abfence
perpetual. Befides, any prohibition would in-
creafe the defire of removing, and would in¬
fallibly prevent ft rangers from fettling in the
country.
What muft we think of a government which
lias no means, but fear, to keep its fubjefts in
their own country; to which, by the firft im-
prelfions of their infancy, they are fo ftrongly
attached. The moft certain method of keeping
men at home, is, to make them happy; and it
is the intereft of every ftate to turn the balance,
not only of commerce, but of felicity, in favour
of its fubjects. The pleafures of luxury are not
the principal fources of this happinefs; though,
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Antiquarian books of Scotland > Crime & punishment > Essay on crimes and punishments > (133) |
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Permanent URL | https://digital.nls.uk/129849623 |
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Description | Thousands of printed books from the Antiquarian Books of Scotland collection which dates from 1641 to the 1980s. The collection consists of 14,800 books which were published in Scotland or have a Scottish connection, e.g. through the author, printer or owner. Subjects covered include sport, education, diseases, adventure, occupations, Jacobites, politics and religion. Among the 29 languages represented are English, Gaelic, Italian, French, Russian and Swedish. |
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