6972. PRISON, Breaking.—
It is not only
vain, but wicked, in a legislator to frame laws
in opposition to the laws of nature, and to arm
them with the terrors of death. This is truly
creating crimes in order to punish them. The
law of nature impels every one to escape from
confinement; it should not, therefore, be subjected
to punishment. Let the legislator restrain
his criminal by walls, not by parchment.
As to strangers breaking prison to enlarge an
offender, they should, and may be fairly considered
as accessories after the fact.—
Note on Crimes Bill. Washington ed. i, 159.
Ford ed., ii, 218.
(1779)
