which has been long perfect, beyond any memorials of our fpecies in heathen writers, and is coæval with man, according to the teftimony of fcripture is there any reafon, I fay, to fuppofe, that even language itself is the effect of human ingenuity and experience?

An ESSAY on CRIMES and PUNISHMENTS. By the

Rev. WILLIAM TURNER.

Read March 24,

1784.

ROM the original imperfection of Human

FR

Nature in general, and the different opportunities and talents of individual men, imperfect and different judgments will neceffarily arife, fome of which, at least, muft confequently be errors. These will lead to the formation of dif-' ferent difpofitions and habits; of which, thofe founded on right reason, and a proper judgment of things, must be good, while those founded on error, and a perverted judgment of things, muft, in that proportion, be depraved. These different difpofitions will lead to correfpondent actions, which will be good or bad likewife; and, as far as they are the one or the other, will be proportionably useful or detrimental, to the

authors of them, and to the fociety of which they are members.

Since, then, our errors may produce fo important effects to ourselves, and thofe with whom we are concerned, it is of the greatest confequence that we should early correct all fuch as may lead to hurtful actions. This will be beft effected, by confidering attentively our various relations with refpect to other beings, the advantages we derive from fuch relations, and the duties incumbent upon us in confequence of

them.

Now we shall find, that when man was first created, he was placed in a world fo conftituted, as that, by the practice of certain personal and relative duties, he might best promote his own happiness, and that of his fellow-creatures. He was thus made fubject to a moral law, engraven, as it were, upon his mind, for the due obfervance of which he was left accountable to his Almighty Creator. But in procefs of time, as mankind multiplied upon the earth, and violations of this original rule of action increased continually in frequency and enormity, it became neceffary for men to unite together, in diftinct and feparate bodies, for mutual protection and defence and hence would arife the first forms of civil fociety.

Thus we find, that the human race are fubject and accountable to a moral, and a political law.

At

At the head of the one, is the great Creator of all things, as the fupreme eternal Legiflator and Executor. At the head of the other, are certain civil governors, who are appointed to discharge thefe important offices in those temporary focieties, into which men enter during their continuance in this world.

Each of these conftitutions of government is attended with many advantages, the one promoting our moral, the other our political happiness.

With respect to the former, however, the eternal laws of moral obligation, with the different degrees of moral enormity, are fo deeply engraven on the human mind by nature, and fo forcibly republished in the books of revelation, that they seem not so much the objects of speculative dif quifition every good man is fenfible of their obligation, and of the proper reftrictions with which they are to be taken. But an attention to the rules by which actions are estimated in a political view, is highly neceffary for all men, whatever be their moral character; fince otherwife, they may be misled by the idea, that the fame general rules obtain both in the divine and human governments, under the political as well as the moral conftitution; fo that, if they be careful to keep within the bounds of ftrict morality, they can never become amenable to the laws of civil fociety.* This, however, is, doubtlefs, an

Compare Judge Forfter's preface to his Reports, quoted in the laft page of this effay. U 4

error,

error, as will appear from the former part of the following effay, the propofed object of which is,

First, To point out the difference between. moral and political tranfgreffions, with their respective punishments; fo far, at least, as may enable us to form fome idea of the rules which the legiflator fhould obferve, in his attempts to correct the diforders of fociety: And,

Secondly, To offer fome remarks on the proportion of punishments to offences; and to enquire. into the right, utility, and fuccefs, of fevere civil inftitutions, particularly of capital punishments.

As we have divided tranfgreffions, fo we may diftinguish punishments, into moral and political, and with refpect to each of thefe may confider,. the end, the fubjects, the nature, and the meafure, of punishments.

I. The end of all punishment feems to be the fame, viz. the prevention of future crimes; which is effected, either by reforming or tying up the hands of the offender himfelf, or by deterring. others from the imitation of his example. This. is the only ground upon which punishment can well be juftified; for barely caufing the offender to fuffer, without producing any further effect, befides that it is no proper fatisfaction, feems to imply too much of a spirit of fpirit of revenge or malice; which we cannot, without blafphemy, fuppofe to. actuate the Divine Being, and which is difclaimed by every earthly judicature,

II. But

II. But in the fubjects of punishment we shall find a much greater difagreement; and indeed the purposes of moral and political government are fo different, that we may naturally expect it. The purpose of the former is, to train up rational beings to the highest moral perfection; moral actions, therefore, alone, must be fubject to its laws, which are calculated to obtain their end, by holding out rewards for actions proceeding from a good principle, and punishments for those which arife from a bad one. The purpose of human governments, on the other hand, is merely the prefervation of its various advantages to the feveral individuals of the State; and therefore, thofe actions which tend to interrupt the enjoyment of these advantages, by disturbing the peace and good order of fociety, are the only fubjects of human laws.

This distinction alfo neceffarily arifes from the different powers of the judges, as well as from the different ends of the inftitutions. For fince all things are open to the Deity, fo that he can discover not only the actions, but even the most secret thoughts of men, he is a proper judge with refpect to the spring or principle of any action. But fince the wifeft human legiflator cannot undertake to determine, with certainty, the motives which have led to the performance of any action, he must not pretend to punish according to their moral enormity; but he is an adequate judge of the political benefit or

harm