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Of Crimes a1ld Punisbm~ntJ. 395
to the learning of their colieagues, the C!ppeal to the
house of I )rds becomes in fact an apl,eal to the col
lected wisdom of our supreme courts f)f justice: re
ceiving indeed solemnity, but litde perhaps of diree
tion, from the presence ()f the a~,semb!y' in which i
is heard and determined.
'rhese, howe"ver, even if real, are minute imperfect:ons~
A politician, \\;,ho should sit down to delitleate
a plan for the dispen:.ation of public justice, guarded
against all access to influence and corruption, and
bringing together the separate advantage8 of knowledge
aIld ilnpartialit}T, would find, w'hen he had
done, ..that he had been transcribing' the. judicial consritutiOll
of England. And it may teach the most
discontented amongst us to acquiesce in th~ government
of his country; to reflect, that the pure, and
wise~ and equal administration of the laws, form:, the
first end and blessing of social union: and that this
ble~sing is enjoyed by him in a perfection, ~·hich he
wi1l seck in vain, i~ any other nation of the world,
Jvw" Iz;; (~-f/"·1.-L-C£--l'~ -
CHAPTER IX.
OF CRlidES AND PUNISHMENTS.
~
/ THE proper end of human pULishment is, not
the satisfaction of justice, but the prevention of crimes.
By tbe satisfaction of justice, I mean the retribution
of so much pain for so much guilt; which is the dispensation
we expect at the hand of God, and which
we are accustomed to consider as the order of things
that perfect justice dictates and requires.
In what:
sense, or whether with truth in any sense, justice
may be said to demand the punishment of offenders,
I do not now inquire; but I assert that this demand
is not the motive or occasion of human punishment.
What would it be to the magistrate that offences
went altogether unpunished, if the impunity of the
offenders were followed by no danger or prejudice to
the commonwealth? 'JIbe fear lest the escap~ of the
f