Our ancestors, the Germans, admitted of none but pecuniary punishments. Those
free and warlike people were of opinion that their blood ought not to be spilled
but with sword in hand. On the contrary, these punishments are rejected by the Japanese,
[57]
under pretence that the rich might elude them. But are not the rich afraid of
being stripped of their property? And might not pecuniary penalties be proportioned
to people's fortunes? And, in fine, might not infamy be added to those punishments?
A good legislator takes a just medium; he ordains neither always
pecuniary, nor always corporal punishments.