the duty of us all, from the law of self-defence,
to cut off that man who has shewn a disregard for the life of another.
Against such, all nature arises in arms; but it is not so against him
who steals my property. Natural law gives me no right to take away his
life, as by that the horse he steals is as much his property as mine. If
then I have any right, it must be from a compact made between us, that
he who deprives the other of his horse shall die. But this is a false
compact; because no man has a right to barter his life, no more than
to take it away, as it is not his own. And beside, the compact is
inadequate, and would be set aside even in a court of modern equity, as
there is a great penalty for a very trifling convenience, since it is
far better that two men should live, than that one man should ride.
But a compact that is false between two men, is equally so between an
hundred, or an hundred thousand; for as ten millions of circles can
never make a square, so the united voice of myriads cannot lend the
smallest foundation to falsehood. It is thus that reason speaks, and
untutored nature says the same thing. Savages that are directed by
natural law alone are very tender of the lives of each other; they
seldom shed blood but to retaliate former cruelty.

Our Saxon ancestors, fierce as they were in war, had but few executions
in times of peace; and in all commencing governments that have the print
of nature still strong upon them, scarce any crime is held capital.

It is among the citizens of a refined community that penal laws, which
are in the hands of the rich, are laid upon the poor. Government, while
it grows older, seems to acquire the moroseness of age; and as if our
property were become dearer in proportion as it increased, as if
the more enormous our wealth, the more extensive our fears, all our
possessions are paled up with new edicts every day, and hung round with
gibbets to scare every invader.

I cannot tell whether it is from the number of our penal laws, or
the licentiousness of our people, that this country should shew more
convicts in a year, than half the dominions of Europe united. Perhaps
it is owing to both; for they mutually produce each other. When by
indiscriminate penal laws a nation beholds the same punishment affixed
to dissimilar degrees of guilt, from perceiving no distinction in the
penalty, the people are led to lose all sense of distinction in the
crime, and this distinction is th