The National Register. — London, England, 1818-12-27 00:00:00

i f, 1' r CI - , 0 ( - .7 (/‘ (zd%e-t_, II r • • • .. • • i) tiitittali ir.. No. 568.—V0r.. XI. POLITICAL DISQUISITION. ON CAPITAL PUNISIINIENTS. THOUGH we are of opinion that an unalterable scale of punishment cannot be framed without pr,,ibic ing greater evils than now exi,t, yet WC c;tanot ap:mivc of the present proverbial uncertainty of the law—an uncertainty, arising pri , lcipally front the bev cri, y of the penalties to which prisoners are liable on convictio:l. A nearer approximation might be made to the duo apportioning of punishment, and the natural conse quence would be a greater chance of convicting. the guilty, and thereby arresting them in the earlier stage of their criminal progress. Death has been awarded to many offences by the Legislature as a terror, rather than a punishment.— This is productive of much inconvenience, and tends rather to inere.ise than prevent the commission of th offence. it is foundel It:),rt the vague princVe of . general expediency ; but when it applies to an indivi dual, the punishment appears so grossly disproportion ate to the guilt of the particular offender, that consci entious persons choose rwher to give impunity to guilt, than to haul their souls with th weight of a fellow creature's blood. The severity of punishment, causes law and just ice continaally - t,) be at variance. A greater degree of certainty would, in the opinion of many wise men, be an effective substitute for nominal severity. When, for the purpose of intimidating °antlers in ge neral, a severe law is carried into execution, it only disgusts and pains the good man, without producing any thing but a momentary and sli.rht error in the breast of the wicked ; and it hai the bad eaet of ex• citing. in the unthinking multitude an inclination to censure the Government under whose sanction so odi ous an application of the law is put in force. The following extras: from a speech made by Sir W. Nlercilith, in the I 'wise of Commons, will speak volumes on this part of the subject Theithoplifting act was to prevent bankers and goldsmiths' and other shops. Viten there are co nat.taly goals of 'Jut value, from being robbed ; big it goes so far as to in eke it death to lift any thing al% coant3r witkintent to Ateal. rndtr this act one Mary Jones was executed, whose case I shall juit mention; it was at the ti n: when press-warrants were issued, tin the alarm about Falkland Is lands. The woman's husband was press:sl. their goads sexed fur some debt of Ilk, and she, with two small children. turned into Vie streets 'Tis a cireum‘umee not to b: tbegotten, that she was very young Wider 19,) an I most remvkahly tialsonte. S:te went to a linnultaper's shop, took some coarse linen off the counter. and blipped it under her cloak ; the shows °man saw her, anal she laid it down ; for this she was hanged. Iler det'ence was (I have the trial in my pocket) that sbe had lived in credit, and wanted fur no thing, till a pressgang came and stole ;la tltt:littl I fro n her; hat since then she had no bxt to lie no; nothing to give her children to cat ; and they were aLua.t naked ; and per:taos she tiii4Ot have dons something wrong, frirehe hardly knew sem ite di.l ; the parish o:fi cars testilital the .troth of this -v ; but it seems, there bad been a good deal of shoplifting !brut Tartrate; an example was thought necessary ; and this woman las hanged, fur the comfort end of some shopkeepers in lat lgate str.vt. Witcn brmkot to receive actitenc?, she belayed in snc:i a frantic mintier, as pro feti her to be in a ..listract.sl and de:pundit:4 ' , Ate ; s 4 ' .4 ;ig at Ace lucust w hets she set out for TyLu:a.- We will only ad: w!int go:).1 effeetel by snub an execution, un.ler such eirewitstaaces ? Any on this atf:et.ing• narration would be au spodks fir itself " tritnipct tongue 1." teem' tiouta to increase, instead of diminish great terli:1:1 t) s 11?::.:t thtt th 3 punish the cu witted criminal 4 inaleloate gr.:,tt :till or all pimis!rucat o g to death every pJrs.,ll c oovietea o f ones, knowing them to be turned, it is se'so gre.it a destruction of human lire, ,le in a enutitry tit.a.A for its genc;•al ;mail nanekar ugly of *ha vilty urr, :fel . 4; • kb?. elolatel ahar of public Kim' hove rai”atetliy guilty of )Aeizanoril Out:at:l2r is sach as to rt!n ltWf tedv4ieta dateg:cous nl.Aube.ri of so , fur Mita, Con6titution attic itai336. SUNDAYS, DECEMBER 27, 1818. ----- ciety only, have inflicted on thew the extreme penalty of the law. Several. evil consequences aril* from this distinction of the guilt of offenders. In the first place, from so great a degree of uncertainty as to the probability of punis!iment after conviction, the severity of the law ceases to operate as a terror. Where the favourable chances are so great, there will always be numerou s atlyeaturers found to engage in the lottery, for so it may he termed. Secondly, a leery humane principle, which is observed on the trial of .every individual, is departed from in the present plan of selection for pu nishment. The law permits rm former act—no cir clunstaneea unconnected with thesubject matter of the indictmatit—no previous bad character of the prisoner —tu be brought against him. The evidence is strictly confined to the facts of the present charge ; and on such evidence alone can an Fetglishman be found guilty. Aaother ill consequence of taking remote ci,rcum zaanecs into the eoasideratian u! the case of a person capitally convicted (particularly in the case of uttering .g.ed notes) is, that thane circluestaticea are, in a man ner, unknown to the public in general. The criminal is doomed by the law to suGr for the commission of a particular offence, tual the selection °Cone individual to die for the (apparently) same degree of guilt fur which another receives a miller punish:neat, has the appear ance of harshness, and tends to make the unthinking dissatisfied with the administration of justice. if tha reasons that caused the sentence of death to be carried into execution were in every instance to be made pub lic, we are convinced it would he found that humanity, justice, and the well being of society, are alone regarded in the awful decision ; but such an explanation is imprac ticable. and would frequently be kjurious to the attain ment of the ends of justice. In cases of conviction fur nthror offences, we admit that a limited discretion should Se vested in the Judge, (a discretion . which ought to be exercised as seldom as possible,) and that thriller character might be taken into the consideration of the guilty criminals ; and even on capital conviction, we otnsidcr that the stream of mercy ought nut to be entirely frozen ; yet when the ar!,iter or arbiters of his earthly fate are weighing the existence of the criminal against the consideration of his guilt, and the welfare of his fellow men, surely no ga.teral bad effects could result foola pursaing the same humane course as adopted in 'every ease towards a pr saner on his trial. Wa would have his fate deci ded upon the view of his culpability in the commisrion of the very utfcace of which he has been con victed. We are aware that objections may be male to suet a practice ; but we do not consider that they are valid against that whieh is ilaerled on an an willingness to shed human 'i he. advocates cur capital punishment should ever be realindetl, that the • pnaishment of death cuts off al9 earthly atonement puts a very ualrow limit to taerentanae, and risks the soul of the criminal by time preniature , I ..:steuction of his bcoi •••••10••••••••••m The neentlnts fr.un Coylen br:,oght papzrs are of rather a wore ft.our4l;• tles,-,•iptiOn, if true, thin we had been intineel to antieiNte *oat the state• ownts of r.w.n .r tleipatehes. 'lsne elf wtii of thi natioo.; a4aittst thu British g•rverament appear to have been relaxed, anti traarptillity to have pre..ailed throughout a considerable extent of coantly befece in a state of tli‘t mien rare. Oa m list, at o'clot!,;, aceortlitk„ . • t. ) t i tian el euleatn, K (11:11VitylOi brkiti and ch:elt,2 was Ihr tWit •& — n. the bt.lf;•,; of Pant tagttrt atnai4 the portlatt.tt. The ass.ttabltti w. t s euszolu, whi-la has hall bet ilkerveil un tAu S o n,l nrat:relin4 Christmas day, 11 W. art to, t ; tit the will it': two sisters ( 0r.,), i.,;: 311 en e i• A te, in' witiott t g. t ta t i e ', l rc wtcti ..~:~ MICH 1111 . eXt:C1.111411 obsereations on t per:Nous. It silt:: When crinsecoii big, there 14 real meat aivarlei to to prothice the fir; vention. Putting nuncio , ' fiir , " wa ail to fauna would cause as to be i :!o!er.thi hunuisi.y, /t sin taereflr,:, ~i secifict jostiee. Persons the crime, or vv!tli .d4c then in oth',:. , ttor +. , EAST INDIES. 130t48 1 1V, AUG. 1.5.-I'he Cholera Morbus having r o e e ntly appeared at Panwell, it is natural that the pu bii, m i n d s h un hi f ee l some degree of ansitty at the hoar approach Gf so formidable, aid in some instance, so fatal a disease. We have on a former occasion mentioned that under the directions of Government every practicable measure hid ben adopted here to meet and to alleviate the effect of this calamity, should it unfortunately break out on this island ; and we have only further to state, that every medical assistance will be immediately af. forded to every class of the numerous population of this island, and to invite the public, but more particularly the native population to !we no tune in making appli cation tir assistance, as much of the success that may be expected from medicine greatly depends upon its early exhibition. We have the pleasure to add that in all the princi. pal situations in the Deckan, when; this disease has been most prevalent, it is at present on the decline; the late tilll of rain seems greatly to have contributed to restore a healthy state of the atmosphere, which, from various accounts that have lately been received, seems to have been highly unfavourable to the health mil of these who had escaped the attack of Cholera. We hay. 2 Alba to add that a partienlar account of this diwase, as detailed in various reports and other commu. nie:tions tl e have been received front the medical gen. tiemen who have been actively employed in coun:er acting its effects, and whose meritorious seal :12 the perliwmance of this duty entitles them to the highest praise, will soon be laid before the public. The rains still continue, and the weather is more like the monsoon than the end of July. Such a season fr mildness, it is said, is not remembered by the oldest inhabitant of Madras. We have bceu kin:lly favoured with an a.x.ount of the late severe earthitatke that was eNp.2rieoeetl at Bencoolen on the 17th of March, and the following days as contained is a letter *tan a gentktuan who witnesseal its effects. " The first shock took place at half-past three on the morning of the 17th of lust month, and the shocks continued ahuoat hourly until a quarter before four o'ckwk on the morning of the 18th, when one of the most alarming' nature took place and lasted for a consi . - derable time. I was asleep in one of the rooms of a house on shore, when the shock was felt. It threw me oat of my bed, and at the same instaat all the coiling and part of the wall fell in tt;ioa nr - :. The doors and windows were flying backwards and t irwards with great velocity, and the douse shook to that degree that wp were not able to stand. I flew with my friend to the open air, awl when out of the house, be ird a strange grambling of the earth which was in quick motion, so much au that we 'Momentarily expeetel it la upgt soul to swallow tis u p. • " At day-light I walked down to the woe! when I obseue t that the sea had retired to . distance, leaving every tv. , asting vessel aground in places where beiure there was twelve feet water,. anti many were thrown up a coasideraUe distance err shore. In a short time, the sea returned with great velocity, driving every thing bethre it. The ilonourable Catn patty's ship Northumberland, and country strip Sunbury, laying in Rat Island Basin, were in The men On watch were knoelt e l tie s h oc k. the water casks all fetched way, and every thing mart.. able was in motion. ." The goillwns on shore were shaLett to pieces . — not it was lea wilolk• in to House, ntdr was it habitable until. repaire.l 111 fact, every house sutfer4l mutts .ir le. so. :fete ship, La(:y Ilatfles, in whieh Sir Thomas Italflet arrived, felt OA chick upw.trels . ..UM" miles from the hurl E ap*artil to t-hen: as if they had grountle.t, and tier were tauseiltien,v iihincea to F.11111(1 i pppeattld! . V. Fri):11 th'S 1:15t and dreadful shock, until tht d:4y 'lint we: tti.i;e4, which was the-'2! I, sc.ire, , ly on ala i t vissa.t %vihtfnit *ll:Jeli 1.Lio;; On the 17th tilt, at a ni.tiiNind tivo stimucn, witiin empl oT ttl in prepiriru t'io t i e fe:diVal tot', Npli3 id" nod ott.tewrihtnlr two men and right bit I Shei also met a Aritilat ;,; 1.14 4 1 1!) l'he : • 11 v:1-Ind •The . i ~t :hair bitt-Nod •titv 34.11 •• 1 • ~ - A-, PRICE 46 - 1 - . 44 K tv'mlll,l • 0 ' .41,•11 r e ot • 4 1. 1:(~