For the infringement of other rights of a private character the law has provided civil remedies with which we are not at this moment concerned.
Punishments, then, should be administered only as a necessary sequence to the breach of a criminal law, with the object of deterring the offender from repeating his offence.
Of necessity it operates to some extent as a warning to others; but that is not its primary object, for no punishment ought to exceed in severity that which is due to the particular offence to which it is applied. To add to a sentence for a very venial offence for which a nominal punishment ought to suffice an extra fine or term of imprisonment by way of example or warning to others would be unreasonable and unjust. Vengeance, or the infliction of unnecessary pain, especially for the sake of others, should never form part of a criminal sentence.
Reformation of the criminal by and during his imprisonment should be one chief object of his punishment, but a just sentence for the offence is not to be prolonged either for education or reformation, unless expressly sanctioned by law, as in the case of reformatories.
With regard to crimes of violence, it sometimes happens that long periods of restraint and imprisonment are imperative—where, for instance, the criminal is persistent in his threats, or has made it evident by his actions or words that on his liberation from imprisonment for criminal violence he intends to resume his criminal course, and will do so unless restrained.
Take, for instance, the case of a persistent burglar, the great majority of whose robberies are committed under circumstances calculated to create terror and alarm, and upon whom imprisonment, however long, has no restraining effect after his liberation. Take the confirmed highway robber, who to secure his booty does not scruple to use deadly violence upon his victim. It is rare that one short term of imprisonment, or the fear of another, induces him to abandon his criminal course. In such cases it is essential for the protection of the public that he should no longer be at liberty to pursue his dangerous and alarming course of life. For him, therefore, a much longer term of restraint is necessary than in the case of mere pilferers, whose thefts, although causing loss and vexation, are not productive of personal injury.
Lastly, I am strongly averse from abolishing the sentence of death in cases of deliberate murder. Even when the crime is committed under the influence of jealousy, I should take little pains to save the life of one who had cruelly and deliberately murdered another for the gratification of revenge or the purpose of robbery.
In the case of poor creatures who make away with their illegitimate offspring in the agony of their trouble and shame, there were, in my experience, almost always to be found very strong reasons for commutation, even to very limited periods of imprisonment.