as and the good heart of Senor Mier, but it seems to me that his
words might be answered somewhat by those of Jeremias Bentham: [65]
"How many praises are wasted on mercy! It has been repeated, time
and time again, that that is the first virtue of a sovereign. Surely
if crime consists only in an offense to one's self-love, if it is no
more than a satire which is directed against him or his favorites, the
moderation of the prince is meritorious. The pardon which he grants is
a triumph obtained over himself! But when one treats of a crime against
society, the pardon is not an act of clemency, it is a downright
prevarication.... Every criminal who escapes justice threatens the
public safety and innocence is not protected by being exposed to
become the victim of a new crime. When a criminal is absolved all
the crimes that he can perpetuate are committed by his hands." In no
army are there so many executions as in that in which slight faults
are disregarded. How many charges can be laid to the door of the one
who carried away by a poorly understood charity, contributes to the
increase, in any society, of assault, theft, assassination, tears,
and executions. "Every pardon granted to a criminal," says Filangieri,
[66] "is a crime committed against humanity." I cannot conceive how
there is anyone who can imagine that the exercise of kindness to evil
doers is useful or agreeable to the good. I believe, on the contrary,
that those are lamented by the people who are unsafe in their houses
while they are paying contributions to the government which is obliged
to protect them. [Other reflections of a similar nature follow.]

The tribunal might declare that it works in accordance with the spirit
of the Leyes de Indias, but be that as it may, it is, in my opinion,
certain that with this system of tolerating everything from the
natives, and of punishing and degrading the subordinate authorities,
the Audiencia of Manila is losing the islands.

So far am I removed from being a bloodthirsty individual that I would
like to see the death sentence removed from our criminal code. It would
be useless to repeat in support of my opinion the ideas expressed
by many celebrated socialists in regard to the abolition of capital
punishment, but I will make one observation only, which I have read
in no author. The criminal ought always to inspire public scorn and
horror, but from the instant in which he is seen on the scaffold,
the aversion of people