PHI LOS 0 P H Y . - Classic Works of Apologetics Online

401 of Crimes and Punishments.
M' Jaws is a pri'vilege of too high a nature to be c(tm ..
\
I mitted to many hands, or to those of any inftiior
officer in the s~te. The king al··o can best colle,ct
the advice by which his resolutions should be governed;
and is at the same time removed at the greatest
distance from the influence of private motive~. But
let this power be deposited where it will, the exercise
of it ought to be regarded, not as a favour to be
yielded to solicitation, granted to friendship, or, least
of all, to be made subservient to the conciliating or
gratifying of political attachments, but as a judicial
act; -as a deliberation, to be conducted with the sanle
character of impartiality, with the same exact Cilld
diligent attention to the proper merits and circum.
stances of the case, a:; that which the judge upon the
bench was expected to maintain and sho\v in the trial
of the prisoner's guilt. The questions, whether the
prisoner be guilty, and whether, being guilty, he
ought to be executed, are equally questions of public
justice. The adjudication of the latter question is as
much a function of magn:tracy as the trial of the for.
mer. The public welfare is interested in both. The
conviction of an offender should depend upon noth.
ing but the fruit of his guilt, nor the execution of
the sentence upon any thing beside the quality and
circumstances of his crime., It is neces~ary to the
good order of society, and to the reputation and authority
of government, that this be known and believed
to be the ca.c;e in each part of the proceeding.
Which reflections show, that the adolission of extrin.
sic or oblique considerations, in dispen .. ing the power
of pardon, is a crime in the authors and ad"isers of
such unmerited partiality, of the same nature with
that of corrupti'Do in a judge.
r
Aggravations, which Qught to guide the magistrate
in the selection of objects of condign punishment, a~
~rincipally these three re •. n cruelty, co~~bjn~
tiOll.-The two firf't, It is mallifest, a
to every rearon
upon which the ju~tice or the necessity of rigor ..
f)U~ measures can be founded; and, with respect to
the last circumstance, it m:ly be observed, that when
thie'ves and. robbers are OB(e c:ollec:ted into ga.~gs,