A SYSTEM of the LAWS OF THE STATE of CONNECTICUT. BOOK FIFTH. Of Crimes and Punishments. CHAPTER FIRST. GENERAL OBSERVATIONS RESPECTING CRIMES. IN the preceeding Book we have treated at large of legal reme dies for civil injuries. We now come to handle the important, and interesting fubject of crimes, and punishments. A crime may be defined to be an act, committed or omitted, in violation of a public law, that either forbids, or commands it. A punishment is fome pain or penalty inflicted on a criminal, by the judgment, and command of fome lawful court, for the purpose of correcting and amending him, and preventing him from the commission of like crimes in future and likewife for the purpose of operating as a public example to mankind in general, in order to deter them from the practice of fimilar crimes, by the dread of fimi. lar punishments. A mifdemeanor is fynonimous with crime; but when crimes and mifdemeanors are mentioned together, it is commonly understood that the firft relate to higher, and the laft to lower offences. The object of the inftitution of fociety, is to preferve to individuals certain private focial rights, and to reftrain thofe acts, whick difturb the peace, interrupt the happiness, and tend to the diffolution of government. As mankind united in fociety for that pur pofe, pofe, this must be the leading principle of all laws, which reftrain their conduct. Thofe acts which violate the rights of individuals, are private wrongs: and those which affect the general welfare, are public crimes. The fame acts will generally conftitute a private injury, as well as a public crime. A public punishment is inflicted on the part of the state, to restrain fuch conduct, and the party injured is entitled to a compenfation for the injury he has fuftained. If one man affaults and beats another, he is punished by a fine for disturbing the peace, and compelled to compenfate in money the perfon he has abufed and wounded. All public crimes therefore are confidered and estimated as relative to the community at large, and private wrongs, as they affect individuals. If every mah was allowed to kill, wound, or evilly treat his neighbour, and to take away and destroy his property at pleasure, it is apparent that it would not only deftroy all private right, but diffolve the bands of fociety. It is therefore not only neceffary that a compenfation fhould be awarded to the perfon who has fuffered the lofs; but that the collected ftrength of the community should be exerted, to prevent thofe acts which endanger its existence. As human laws are founded upon political confiderations, legiflators have not deemed themfelves to be bound folely by the moral law in enacting their codes. It has never, however, been adopted as a maxim, that they may require acts to be done, which are forbidden by the law of nature: but the great rule is, that they are not bound to punish all the infractions of natural law; that they may never infringe that law; that they may prohibit under civil pains and penalties, not only thofe acts, which are repugnant to natural law; but that they may alfo reftrain the conduct of the members of the community, in thofe points, which are indifferent as it regards natural law, for the purpofe of promoting the political welfare of the state. Hence we find a divifion of public crimes, into those which are mala in fe, wrong in their own nature, that is, morally wrong and thofe which are mala prohibita, wrong becaufe they are prohibited, that is, politically wrong. Under the firft divifion is comprehended those acts, which are prohibited by the law of nature, as well as the law of fociety,-fuch as murder, robbery, theft, adultery, and the like: and the latter are fuch as are not not prohibited by the law of nature, but are only prohibited by the law of fociety on political confiderations,-fuch are the laws refpecting taverns, and the like. In this point of view, crimes are contemplated by a human tribunal. The fubject of punishment merits a particular investigation. My limits confine me to a few general obfervations. It is a fundamental principle, that the fole end of punishment is the prevention of crimes, and that every punishment ought to be proportioned to the of fence. It has been afcertained by experience, that mildness of punifhment is better calculated to prevent crimes, than feverity. Where the laws are fanguinary, and difproportionate, informing officers will be unwilling to profecute, and jurors will be unwilling to convict and if an offender fhould be fo unfortunate as to be convicted, he will stand a chance to be deemed a proper object of pardon. The profpect of efcaping the punishment, will diminish its terrors, in the eyes of a criminal. But when the punishment is mild, and proportionate to the offence, every perfon will combine in the punishment of the offender, and a mild punishment when it is certain that it will be inflicted, will operate with far greater force to deter from the commiffion of crimes, than fevere punishments, where it is uncertain whether they will be inflicted, and the offender has a variety of chances to escape. : In countries where the laws are fanguinary, if they are rigorously executed, the frequency of the punishment, often renders the object fo familiar and common, as to difarm it of its terror. In England there are one hundred and feventy-fix crimes punishable with death, without benefit of clergy, and fixty-five where the benefit of clergy is allowed yet in no country are crimes more frequent, and more perfons fuffer there by the hands of the executioner, than in all the civilized world befides. a So frequent and common are executions in England, and efpecially in London, that the people behold them without any emotions of horror, or compaffion; and there are many inftances where the fame crime is perpetrated under the gallows, for which the criminal is hanging. But in all countries where the punishment of death is rarely inflicted, no language can defcribe the horror which it impreffes on the minds of the furrounding fpectators. a 1 Windeborn's View of England, 56, In In all countries where punifluments have been mild and proportioned to offences, it has been demonftrated by experience that fewer crimes are committed. Inflead then of inflicting death upon the greater part of crimes, continement to hard labour and coarse fae has been fubftituted. The certainty and long continuance of fuch a punishment, will more effectually prevent crimes, than all the pains and terrors of death, under the ufual profpect and hope of escape. The example of the State of Pennsylvania, ought to be mentioned to their honour. It is worthy the attention of every philofopher, and ought to be imitated by every government. They have fubftituted for all crimes excepting reafon and murder in certain degrees, the punishment of confinement to hard labour, and coarse fare, inftead of death. But it is in the mode of inflicting the punishment, in the government and difcipline of the prifon, that our greatest admiration is excited, and the caufe of humanity moft effectually ferved. In a building accommodated to that purpofe, we behold the convicts performing the labour affigned them, with as much regularity and good order, as the fame number of mechanics in a work fhop. To ftimulate them to be industrious, they are entitled to receive on their relcafe, fuch fum as the value of their labour exceeds their coft and expenfe. In cafe of refractory behaviour during the period affigned for their punishment, they may be confined in the folitary manfions of a cell, till they will fubmit and conform to the regulations of the goal. They are fecured and kept to labour without irons or fhackles. Subject to no hardship, but confinement to labour and coarse fare, they in every other refpect live in a comfortable manner, in convenient and healthy appartments. In the dreary walls of a prifon, where crimi nals are conftantly fuffering punishment for the most attrocious offences, we fee not the tears of anguish, nor hear the groans of despair; there are no marks of feverity and cruelty. And yet, by this mild punishment, it is found, that crimes are more effectually restrained than by the awful punishment of death. But what is ftill more interefting to the feelings of humanity, the criminals are corrected, amended, and in fome inftances reftored to fociety as reformed citizens. The world has never before witneffed fuch an example of benevolence, |