The British Press; or, Morning Literary Advertiser.
London, England, 1819-02-11 00:00:00

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In the cowrie of the list century. a very general
scorer:on ems created throughout Emirtre
the severity and injustice of its criiiiinal law. In
exciting this reeling, Alootesquieis and Voltaire led
the way with distinguished ability and success; but
It was 111 a tonsil State and ler a despotic Govern-
tacit, that this subject was opened to its full ex-
tent, in the celtbreted work of she 'Alertinie Bee-
eerie. Ily these writings not only a great change
of opinion, but greet improvements in criminal It-
gielation, were effected in many countries of rel.
rope. The use of torture, notwithstanding it found
for a time, like all existirig abuses, its supporters
and its advocate,. was generally abolished. The
justice, or expediency, of emotel puoisliments, even
for crimes tattle first degree. Was questioned ; and
bi some very important isistauces tile practice was
relniquirlied, with manifest advantage to the inter-
ests of the co eeeeee unity. The application of the pu-
iiislunent of death to minor offences was couslorted
with still greater success, and a williuguerr was
evinced by almost every nation in Europe., to avail
itself of the information that had thus hero given,
and to lifj its institutions. upon more hummie
and cal.glitenerl principles.
The most prominent fact; and which could not
fail to strike the attention of every writer on this
subject, was, that in the application of capital pu-
toisliments to a great variety of offences, different In
their nature And degree, it was impossible for the
eitiniiiistrators of justice to apply the threatened
punishments with the indiscrintitiatiog rigour re-
quired by law ; and consequently, that a consilltre-
hle number, and perhaps a great majority of
ellenders, escaped without either imuisliment or cor-
rection. In order to term •1y a defect so /generous
to society, as well as lo alleviate the severity of ex-
isting laws, two regulations seemed indispensably
requisite: Ist, That punishments should be propor-
tioned to offences ; and ;idly, 'flint when justly in-
curred, they should he invariably inflicted—and the
demonstration of these maxims, soil the inculcation
of the necessity of their ardoptimi, form the great
and leading feature of altruist every work which has
hitherto been published on the subject.
Favourable, however. to the interests of the com-
munity as such a system may appear, and earnestly
HS its more general introduction has been recom-
mended, it may justly be doubted whether, if it
could be carried into effect, it would bwittended
with the advantages expected from it. Tp define
certain crimes by the degree of their enormity, to
apply to each a punishinesit proportitilied to the of-
fence, mid to provide that such punishment shall be
invariably inflicted, seems to be the perfectiori of
the plan. But it ought not to be forgotten, that
these inflictions are out to take place on inert mat-
ter, fort ois a sentient and intelligent being, ca-
pable, not merely of bodily sulieriug, but endowed
with feelings of remorse, sorrow, penitence, and
shame, which vary in every individual, and are
implinted by nature in the human bosom, fur
the wisest and must important pommies. Dis-
regarding. however, the effect produced on the
patient, the allotted punishment proceeds, equally
insensible to the obstinate delialice of burdened
guilt, or the agonies and entraat:es of the deep-
est contrition; and having performed the seine
invariable operation on every person subjected to its
influence, dismisses them alike, either to persevere
in, or reform their conduct, according to the
strength of their constitut• , the character of their
disposition, or the ',Mute of the circumstances in
which they are placed.
Such, it is apparent, would be the effect of a sys-
tem which should proportion the punishment to the
crime, and require its invariable infliction, if, in-
deed, we can for a moment suppose that such a sys-
tem could ever be established ; but when from re-
garding it in a general view, we attempt to reduce
it into practice, we find no certain relation or coin-
cidence between crime and punishment, upon which
the opinions of mankind can be expected to agree.
Thus, the crime of theft has in this country hero
punished by whipping, by imprisonment, by trans-
portation, or by death ; and who shall decide which
of these is the most appropriate ? That this often
depends upon circumstances extrinsic of the crime
itself. all persons will admit. To estimate crimes
ley the idea we may form of their degree of moral
guilt, and to punish theirs accordingly, may seem to
some a task of no great. difficulty ; hut when we
pretend to judge of moral guilt, we undertake what
it is impossible we should accomplish, and find our-
selves compelled to rely on those more ostensible in-
dications only. which affect the interests of society.
Accordingly all moralism leave allowed that this is
not the criterion upon which a scale of punishinems
could be formed. It will 'redid!)s be still con=
tended, that as the measure of crimes is the injury
done to society, punishments should be so applied
as to deter others from the perpetration of offences
by the force of example. Nor will this be denied
as long as sorts examples alp founded 1111 a priiiciple
of strict jostler timards the offender ; but when
carried beyoird these butiods, for the mere purpose
of deterring other', it is evident there can be ins
limits to the severity of ponisfuncits, but that
as crimes increase, punishments most be inflicted
.• still more limrible and striking," till the further
possibility of human suffering is exhausted.
If the prevention of crimes by example were the
object in view, the punishment must oat be propor-
i dto the crime committed. but to the he.
gurney. facility, or injurious effects the climes
apprehended, and must continually vary with those
eirconistimers. from the extreme of lenity to that
of stverit:.. (lime only rule of piesitslosicit esti,
therefore, be fritell MI, WIZ. t hat which is n,e• ssory
to effect the relorieimion of the offender. Trll this
sccomplisiiett, the ptinnolnitetit ought not to he
relieved ; ea whim 1111 is efireled, 011.1111-fiesielif 14
LW longer orcesrary. Whatever advsunige may ha

v •s -~'

. .
and judgment of every individual, and aff.rds tom
conviction, that unless he conducts himself acco,d-
ing to the laws and regulations of society, toe will
hove to undergo a similar process—whilst the san-
guinary and: cruel punislimehts which are indiscri-
minately inflicted on the hardened and the pew-
tent, before commiserating, or unfeeling multitudes,
are either wholly ifleffiCiellt, or produce seitsationt
in the highest degree unfavourable to moral lin.
[movement.
I.n fact this accurate proportion between crimes
and punishments, although held Hitt by many
writers as an ideal mark to direct their aim, has
never been foirild to be practicary attainable.
" Even Beccaret himself, by whom this scale Will
Ot,f.grwled, &Wl+ not seem to think that it could lie
applied with preciriou to the obscure and infinite
combo's:lions of human action. lie lolaces, locked,
in the first place, those crimes which immediately
tend to the dissolution of society ; in the lowest,
those which do the smallest possible injustice to a
private inetulier of that society ; and between these
extremes he puts all actions contrary to the
good, and which descend by insensible degrees, de-
creasing from the highest to the I•eve.r. But he
adds, that it will be suffirieitt fors weer leet.latur
to mark the principal divisions a itiaint di•tiorhin4
the order ; lest to crones of the tir.t lie a.•
signed punishments of the last. El kytone,
whose theoretic Ilisti,siis were ;lethal.* emit-vied by
praelice, doubt* whether a COffropOlittlOK So:Ile Of
Ittllli.,httleotti lie in.t tint r ttttt antic an idea. But lie
111 riveted aerte4 Eiccaria, when he saes. chat
"to.: legislator will at least mark the iitinevind
visioil., and not punishments of tile first de.
gree to offences of an infer air
111 the discnsiotiot which took place in America,
between Dr. Fraisivliii and his isSseuseles. linear
the relaxation or their penal iatr., this idea rl the
application of specific intro: 4mo iit4 to sp, c tic
entities was stron;ly insisted oil ; and a very
gent writer declarer, that " he has hi, noire diviht
of every crime Intim% its cure in moral stud pliy•i-
eal ibiliartice, than lie hail of the ellicary 4,flirroviais
hark in curing the intermitting lever." 800 let nit
(observe how lie succeeds when he attempts to titter
tutu particulars. " The mole sAys he,
" it to tin(' lint the proper rtint-i4 ur trills-died for
particular vices. 111. Eltafriche de Valayre, tit hi*
elaborivie treatise Itptlll lir11:11 kW!, hiss
the office of a pioneer upon this difficult sulii,ei„
He has divided crimes into Closes, Hull has s ffiXest
putiishineitts to each of them, in it ivaiimber of in
tables, SOllle of the conntzint,s he heat esia.
bliihed between crimes and punishments appear to
be just ; but many of his punishments are culitraiy
to the first principles of justice iii nom, and all of
them our, in lily opiluun, improper, as far as he. or-
ders them to be i. dieted in the eyr of the politic."
This ingenious writer has heir, istswever, attesillsteil
to substitute any scale of his own ; anal tiotivitl.
standing the efforts 1114 ?titer *nice titen nistile by
other enlightened milieu, uais, it tr-Ttitti by 1141 ineui.,4
probable that.this object (1411 ever be aceintiplislad
to ally useful or beneficial extent.
The error, however, if we May seionre so to rail
it, is not in the idea that every- crime r rath, r
every crimson(' disposition) has its cute sit moist
:and physical influence, but in supposing !Left.
to some urrialli punishment appiopri Ord Its t Vert'
crime, which, if it could lie doe osered, oidil
prove au Illfalllble remedy ; for wheii we COO:Mit:V.
the ever variable nature of the button' nand,
lug not inily in illfterevit hilt 4:m01,110411e
fluctuating even in the same pen, 00000 it is evidtio,
that in order to effect ally alieratiuo either of cull-
duct or onitioni, such measures must be adopted as
• are suitably to the peculiar situation, du,positinsi,
' anal feelings of the party ; sod consequently that
this moral and physical influence most be ap-
plied in such diversity of form, and with such
variations of lenity Hurl severity, AS Dirty frciti
lime to time suit the circumstance* of the Cabe.
When we speak of punishing climes, we are in dun-
ger of bet lig misled by a figtite of speech. lit fart,
we du not punish time crime, but the individual who
commits the erotic ; and whatever end the punish-
ment is intended to answer, it 'oust bear a relation
to the nature, disposition. and circumstances of
such indisidual. TO hang up indiscriminately a
certain 'mother of per-ors, because they have c
crttatit act, without airy regard to the pr-
rulter circumstances under which such act was com-
mitted, or by which every difirreitt case is distil,
guished, or even without ally clear idea I,l* the te-
suit to be produced, world be the bright al f..hm ,
if it were not the height of ; and *oh re.
gard to inferior pll lilydilnrllt e, it must he "ion:new,
on the •lighirst reflection, that the value 111411,1,1 -
Illellt applied to differeer prilons Way toodorr n. t
only a tlitiffent, but u contrary t tfrct, and
may he necessary to reform one, may only serve to
harden another. To apply the saute punishment..
to all, is, therefore, a kind of empiricism no legi•lc-
tion, stliteit pretends by a certain specific to cure it
certain crime, without any reference to the state nt-
tlie potty on villein the nostrum is to be tried. 'flit
cony. yiences of this have het a most fatal to the to-
teresis of society, and under the pretext of All 1111-
tnotidl allininittration UI ;Justice, the greatest pa—
ssble diversity has always subsisted, not only in flux
degree of stiff, ring sustained. but in the coast.
quences produced. Thst which to one Is attowy.
another disregards ; and transportaium, whoeti he
some may be consideted Au the utmost extreme of
misery, may to others resemble SD fir Utititril of plea-
sore. /Int this inequality is the 1,1114 i portion tit
the red. The only rational object which polilol,-
ment should have in view. is frustrated ley *lot
blind and indoerinainisting prilseessit; /HA it S. i.s
esisiStNUellee of thi., that eriiklisolls,
gene through some prescriptive mode of dile., I.lle,
rile 31411111 turned lowe tintinsociety, " more hardens-it
engage gbi•ileig'ereti 1.0
'1171'i:el:el "'II.
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tei'111":
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1e140141 NO likti 4 4,4
;e hUrPlinl.:.ui ..-to 12 ,a
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• .
• 411

4me requisite that a thorough tovesligation
should take place; in the result of which, it
may perhaps appear, that the talisman to which
we have trusted is no longer to be relied un ;
that there is no short mid expeditious way of
extirpating moral evil ; but that, if we wish to suc-
ceed, we must enter upon the task with a full convic-
tion of its importance, awl a sincere resolutimi to
bend ourselves down to our behour. We mowt in-
tionre into the character, temper, and mural consti-
totem. of the individual, and in-Aosta ourselves
with his natural or acquired talents, his habit., and
his views, in order that we may be enabled to adopt
&tido IttraNUTe, for his Improvement, as may be best
adapted to I hie case. If lie Ise igooraitt, we must
instruct ; if he be obstinate. and arrogant, we
t liumili Pe I ;ifhe he indolent, we must
rouse him; if lie be despoininig, we must encourage
loon : and this, it is evident, canned be acconi-
philtre' without resorting to different modes of treat.
:need, and the full exercise of those initial sod sym-
pathetic endowments. which subsist lie a greater or
less degree lietwrro all human beings us incident to
our common nature.
In the Wyatt time, this supposed practicability of
I .e orientution of punishments to crimes, is oohs-
voisraltle to the progress of real improvement; as
one of its expected conseqiiences is, that Ittiloh-
'news should he invariably inflicted, with t siny
r. lax dim, wieatrver. That this is the opinion of
Ikl6. apparent. fiolll several iia.sagre, ue
1114 isuiks, sod particularly trom the follosiog,
where, tinder the hesil of remissibility, he thus es
the to run :—"'This is where, wit hough the of-
f- oiler In.. been punished. yet on aceuttiit of some
Itelopietur of his, ilispl qed at a time sulese-
-44.1(.14 i.e !hunt of the conoment7cment of the punish-
meld, it may seem expedient to remit a pint of it.
Esut this ten scarcely be, if the proportion of the
posiiishinent is no other respects what it ought to be.
Eke purpose of example is the more important oh-
ject iii comparison with that of reformation. What-
ever then is required for the purpose of example,
must abide at all events. It is not any reforma-
t' on the start of the offender, that can warrant
the remitting any part of it. If it could, a men
would have soothing to do but to reform is iiiii r-
diately, mod so free himself from the greatest pin
of the piiiiisliment which was deemed necessary."
To this reasoiling. which, If admitted, would de-
*troy the very principle of the penitentiary system,
and estahlisli an inflexible, 1.1111101111, soil itulls1:11-
witsulittg (node or punishment, it may, fur the pre-
sent, be sufficient to reply, that mail a regular and
efficient scale of crimes and punishments has been
formed. it would be premature to avail ourselves
of our boasted infallibility; mad upon an idea that
the juditinent given was perfectly just and appli-
cable to the offence, to punish a criminal to thee full
extent of his sentence. la ea Mr. Lruthuw his..
himself admitted, that " under the continuance of
the suchen' imperfect *)stem, the sauperty of re-
missibility may be deemed a useful our; but this,"
lie adds. " would Lot be the case its any new coo.
.trusted *yak's% iu which the rules or proportion
'before laid down sl lel be observed." That in
the opiinuu of Mr. Mot bum himself, such period
lots not yet arrived, is apparent from his constant
mid sun ceselul irtiorts, fur the advancement of every
plan that may tend to reform the unhappy offender,
nod shorten the period of his captivity ; and till it
shwa anise. let a. continue to avail ourselves of the
most likely measures in our power, to call the guilty
to reprodaiine, and to soften the calamities of hu-
man &mime.

IMPEUIAL PARLIAMENT.