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EiShlh. The irremediable nature of IT,


BY this division of the subject, i, will be per
'eiyed that we do not propose to confne our ex-
0m'nation to the abstract or theoretical right of
government over the lives OF its citizens, but will
ais" consider the exercising such right, if pos
s-,sed


e shall, in the order proposed, proceed 10 con-
s'"cr no" 'ar the exercise OF the po!cer 10 take
away human h,e is consistent with republican
governments aud, in doing SO, we shall take fire.
=qnent opportunities 10 introduce the language of
lhe ablcst and best men of anc;ent and ,,odera
times, rs authority to sus,aiu orr no.;t;,ns nor
that there are no sufficient ursurocnts for orr mr.
pose without such reference, but because ", find
ourselves deubly fortified in our opinion. ,,h., ,,c
can produce testimony 50 high and so con,,,s .d;,e


Governments differ rs essentially in ,bei,#o,,,.
,arions in their construction. Monarcmcal cov.
ernments dependent en- the will of an Individual
are more cruel and yindictive than those which
originate with, and are sustained by the people,
One has its origin in force or fraud, and the other
in common consent. One ia sustained By cruelty
and terror, the other by leniiy and virtue. The
objec, of good government is TO proectits citi2ens
All laws therefore, should be made TO prerets
rather than to pnniSh offences. No laws bt
Just that in their operation rindictive or cruel


lie severity of punishments, says Montesque
Is inter- tor deSpotIc government whose prrnei
pie Is terror, than iora republic whose spring j:
honor and ei-tae. In moderate governments, tn,
love OF country, shame and fear o. blame, art
restraining motives, and the greatest punishmen
for bad action Is conviction. a good legislator
is less bent upon puntshins than preueatin g
crime; he is more attentive TO inspire good moral,
than ,e inftic, punishment |, would be an ea,,


matter prove thatin ali, or nearly all the govern
rnents OF Europe, punishment has increased 0,
diminished in proportion as those government,
f.,ored or discouraged liberty. The Marqui.