way to mend a state: nor can I avoid even questioning the validity of that right which social combinations have assumed of capitally punishing offences of a slight nature. In cases of murder their right is obvious, as it is 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 rises 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 next 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 betterthat
