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

410 Of Cnmcs and PUIl;shmenfJ.
industry together with the toil. ! would go f3rther ;
I would mea:.ure the confint::l1eIlt, not l)y the (ltlration
of time, but by q\1~11tity of w(j(k, in order botll
to excite industry, and to render it more voluntary.
But the principal difficuity renlains still; natnely,
how to dispose of criminals after their cillargement.
By a rule of life, which is perhaps too invariably and
indiscrilninately adhtrfd to. no orle ,viiI rEceive a nlan
or a woman out of jail, illto any service or employment
whatevero l'11is is the comlnon mi~forttlne of
public punishments, thClt they preclude the offeIlder
fro~ all honest means of future scpport. «0 I t seem~
incumbent upon tl1e state to secure a n~laintenance to
those \vho are willing to \vork for it; and )Tct it is
absolutely necessary to divide criminals as far asunder -
from one another as possible. Whether nlale pri~one...rs
might not, after the term -of their confine!:lent
was expired,- be distributed in the country, detained
within certain limits, and employed upon the public
roads; and females be remitted to the ove~seers of
country pari~hes, to be there furnished with d\velllngs,
and with the materials and implements ef OCCilpati0n
;-,vhether by the~.e, or by what other meth.
. ods, it Inay be possible to effect the two purposes of
employment and di.rpersion, well merits the attention of
al1 who are anxious to perfect the internal regulation
i
f
their cou·ntry.
Torture is applied, either to obtain confessions of
guilt, or to exasperate or prolong the pains of death.
No bodily punishment, however excruciating. or long
continued, receives the name of torture, unle ~s it be
designed to kill the criminal by a more li n gerir.g
dearh, or to extort franl him the discovery of some
secret, which is suppo~eJ to lie c()ncealcd ill llis breast.
The question by torture appears to be equivocal in its
effects ; for, since extremity of pain, and not any con·
sciousn'~ss
of remorse in the mind, produces th()se ef ..
under the torment,
The latter has as much
ft'Ct6, an innocent man n-·ay ~ink
as well as he who is gdlty.
.. Until thi!~ inconvenience be r~rnedierl, f)m~JJ offences had, rrrh~ps better
go unpunifihtd; I do not nlean that the IJw~ should exetnpt them from
punishment, but that private persons should be tender in pro;;ecuting theJrI.