I consider it as a mere modification of the right of self-defence, which may as justly be exercised in deterring from attack as in repelling it."[187] And in his diary, when speaking of a death-warrant which he had just signed, he says: "I never signed a paper with more perfect tranquillity of mind.

I felt agitation in pronouncing the sentence, but none in subscribing the warrant; I had no scruple of conscience on either occasion." And it seems that his position is unassailable.

The party whose interest is to be kept in view by the Legislature in imposing punishments on offences is society, the people at large, not the offender.

The main object of punishment is to deter rather than to reform; to prevent crime, not to take vengeance on the criminal.

And, if crime be more effectually prevented by moderate than by severe punishments, society has a right to demand, for its own security (as a matter of policy, not of justice), that the moderate punishment shall, on that ground, be preferred.