instruction and discipline, we would endeavour to reform; we would compel the criminals, by the fruits of their labour, to recompense, as far as possible, the injured parties; and, when the period of confinement was expired, some establishment should be provided, so as to prevent the necessity of their returning to crime, in order to supply the wants of nature. It is neither just, politic, nor humane, to render criminals by prosecution incapable of obtaining an honest living, and then to punish them for those violations of the law, to which they were impelled by the calls of hunger. If that be done, crime is a necessary consequence. They should, therefore, as long as necessity might require, be provided by the state with labour, at a rate sufficient to support them, but (to prevent abuse) less than could be elsewhere obtained. By such a course, we would shew them the evils of vice, and lead them from its paths; we would give them the opportunity of a return to virtue; and, while we thus amended them, by a due mixture of mildness and severity, we would exhibit to those who had never erred, or never been detected, the danger of criminal pursuits. But if, from their commission of repeated offences, we should have reason to conclude, that there was little or no hope of reformation, we would then transport for life. We would banish from society those, who had shewn a determination to violate its laws; and who, by their abuse of mercy, had become fit subjects for the severity of justice. In every community, whether large or small, those members who persist in the infringement of its regulations, should undergo a sentence of expulsion. Thus would we deal with hardened criminals, and by so doing, while an effectual stop would be put to their career, we should contribute to deter others from incurring a like penalty. In the event of their escaping from the place of banishment, and returning to their own country, we should then regard them as villains of so desperate a character, that nothing short of their confinement for life would be sufficient to protect society. Such means, we are fully persuaded, would have more effect in diminishing crime, than the sanguinary destruction of thousands. Those passions which lead to vicious courses, cannot bear humiliation, captivity, labour, or solitude, which are far more annoying, and therefore more terrible, than death. That they despise and brave; but, from the others, they shrink, as a source of lasting misery. Such was the evidence of Mr. Harmer, when examined before the Select Committee on the Criminal Laws, in 1819. "I have very often, (said he,) heard thieves express their great dislike and dread of being sent to the House of Correction, or to the Hulks, where they would be obliged to labour, and be kept under restraint; but I never heard one say, that he was afraid of being hanged!" To the plan of punishment we have suggested, a host of objections may readily be anticipated; though we think there are none, to which a satisfactory answer might not be given. Besides, we beg it to be understood, that we profess to throw out only a hint, not to propose a digested system. We are fully aware, that the subject is one of great practical difficulty; and none, but the merest quacks in legislation, would think of representing the suppression of crime, as a thing to be effected, by any plan whatsoever, without vigorous and persevering exertion. But we do know, by experience, what punishments have failed, and which have been found the most effective. To the latter, therefore, it is natural to resort, in the hope, (not, surely, altogether ill-grounded,) that it will, in a great degree, answer the intended purpose. Such a hope, we may reasonably entertain, with regard to punishments of the nature suggested, because they have repeatedly been found efficient. But as the same cannot be said of capital punishments, which have constantly been found wanting in effect, we think they ought to be abolished. We have been repeatedly accused of misplaced, excessive, and diseased humanity; of feeling more for the assassin than for his victim; and of disregarding the security of the virtuous, in our sympathy for the depraved. But here we will meet our opponents upon their own ground. If their charge be true, it shall be true no longer. We will adopt, for a moment, the maxims of the selfish, and strive to feel for none but ourselves. The danger of destroying the innocent, the hope of reforming the guilty, and the nature of their condition hereafter, shall, to us, be "trifles light as air. We will consider only, how, at any rate, and by any means, protection may be gained. We will resign at once every just principle, and endeavour to suppress every generous feeling. Benevolence we will banish from our bosoms, if we can but shield them from the assassin's dagger. Or, if this be going further than our opponents wish, we will at least confine our humanity to the murdered victim and the virtuous public; and, on behalf of the latter, we will strive to obtain an effectual defence against such deadly assailants. How, then, is that to be accomplished? Let us inquire, if the punishment of death will give us the security that we seek. Do we find, that murder has been diminished by its operation? No. On the contrary, in spite of its rigorous infliction, it has multiplied at a frightful rate. Instead of keeping to the level of the population, its increase has been more rapid, in the proportion of thirteen to one.* Shall we, then, rely on such a punishment? No; for our safety requires its abo lition. Have other punishments been more effectual? Yes. In Tuscany, imprisonment and labour almost extirpated crime; the prisons were sometimes empty; the frequency of murder was diminished, and atrocious offences became very rare. Shall we, then, contend for a change of system? By all means. We are urged to do so by self-love-the spring of human action. We will plead, then, for mildness to criminals, that security may remain to us. However regardless of human life, if its sacrifice tended to our own protection, yet, as it is safer to spare than destroy, we will for once be merciful, from a principle of policy. Proceeding thus, upon the narrowest and most groveling of motives, that of considering personal security as the only object worthy of regard, the meanest wretch that crawls, if his eyes were open to his real good, would say, with the eagerness of timid apprehension,-let capital punishments be abolished. But if, with the prudence that is anxious for its own safety, be united the justice that regards the rights of others, and the generosity that longs to improve the condition of human nature, how much stronger will be the desire, that, from every community of intelligent and civilized beings, the barbarous abomination may be banished for ever. Still more ardent will this feeling grow, as religion exerts her benignant influence on the heart, and urges her disciples to abstain from destruction, when restraint only is an adequate defence. In conclusion, we feel it our duty to apologize, for the unusual length of our reply. But it was impossible, otherwise, to give a full and satisfactory answer to the advocates of the punishment in question. This, we trust, has been done; though we are, at the same time, fully aware, that, in any other point of view, what we have urged upon the subject is but a rough and imperfect sketch. Many important considerations we have * This proportion, as exhibited in the previous tables, is less than the truth. If the length of time, for which the average is taken, be extended but one year, it will make a further increase in murder of 21 per cent., the executions for that crime in England and Wales having been Increase per cent. in 7 Which, upon an average of six years, was only.. Additional increase, on an extension of one year 21 per cent. Returns to Parliament from the Home Department. The Grand Duke's Edict, 1786. Muirhead's Travels, 389, 390. Lemaistre's Travels, vol. i. p. 337; in which latter work, speaking of Tuscany, the author says, "Assassination is unheard of." with England; "look on that picture, and on this." Contrast this been compelled to omit entirely, and at many others we have merely glanced. But our limits, extended as they have been, would not permit us further to enlarge. We hope, indeed, that there was no necessity; but that the statements and observations, which have been presented for consideration, (in all cases, upon respectable, and, in many, upon undeniable authority,) will be considered fully sufficient to warrant the abolition contended for,-a measure which is strongly required, no less by a regard for THE REAL SECURITY OF THE PUBLIC, than for the principles of justice, and the feelings of humanity. Selfishness and benevolence are both concerned to promote it; and deaf alike, must they be, to the suggestions of interest, and the pleadings of pity, who can raise their voices in the cry for blood, when every drop that is shed but impairs their safety. THE MALEFACTOR. LONE, convicted, and forsaken, Named by men with execration, Scarce with pity doom'd to bleed. Deem'd by all who see or hear him Good men seem to scorn or fear him,- All his evil deeds are telling, Yet there are some hearts of feeling, Claims the tribute of their tears. They will say he was not ever Ev'n when death has blanch'd his brow. There is one will nightly weep him, He was once as bright as others, Graced by wit, and sense, and worth; Shall he pass unwept from earth? Strangers will prepare to-morrow J. B. ON THE PASSIONS. MAN, the boasted lord of the created world, possessing, if not solely, yet transcendently above all other animals, the inestimable gift of reason,-is, above all others, the slave to a variety of conflicting passions, which fill his bosom with delight, lacerate it with anguish, or agitate it with remorse, unknown to all other creatures;-passions, calculated to raise him to the level of superior beings, but frequently so indulged, as to sink him below the brutes ;-passions, whose rage and violence bid defiance to control, and transport him in their fury to the condition of the raving maniac, or induce the commission of acts of imbecile folly, to be expected only from the unfortunate idiot, to whose vague mind the light of reason has never been imparted. That all the passions, various and conflicting as they are, were intended by the great Creator for the happiness of mankind, is manifest from this, that each, under proper guidance, is adapted to promote our welfare and conduce to our felicity. They are, indeed, essentially necessary to this end, since, (as they have very aptly been styled,) they are the gales, |