The National Register.
London, England, 1818-12-28 00:00:00

ON CAPITAL PUNISHMENTS.

THOUGH we are of opinion that an unalterable
scale of punishment cannot be framed without produc-
ing greater evils than now exist, yet we cannot approve
of the present proverbial uncertainty of the law—an
uncertainty, ari.ing principally from the severity of
the penalties to which prisoners are liable on conviction.
A nearer approxistration might be made to the due
apportioning of punishment, and the natural COUNT-.
tinencl would be a greater chance of convicting the
guilty, and thereby arresting them ifs the earlier stage
of their criminal progress.
Death has becn awarded to many offences by the
Legislature as a terror, rather than a punishment.—
This is productive of much inconvenience, and tends
rather to increase than prevent the commission of the
offence. It is founded upon the vague principle 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 rather to give impunity to guilt,
titan to load their souls with the weight of a 'fellow-
creature's blood. The severity of punishment. causes
law and justice continually to be at variance. A greater
degree of certainty would, in the opinion of malty wise
men, be an effective substitute ibr nominal severity.
When, for the purpase of intimidating offenders in ge-
neral, a severe law is carried into execution, it only
disgusts and pains the gool tnan, without producing
any thing but a momentary and slight error in the
breast of the wicked ; and it has the bad effect of ex.
citing in the unthinking multitude au inclination to
unsure the Government under whose :unction sJ odi-
ous an application of the law is put in force.
The following extract from a speech made by Sir
W. Meredith, in the House of Commons, will speak
volumes on this part of the subject

'"l'he shoplifting act was to prevent bankers' and goldsmiths' and
other shops, where there are commonly goods of great value, from
being robbed ; hut it goes so far as to make it death to lift any thing
eisf a counter with intent to steal. fader this act ohe Mary Jones
was executed, whose ease I shall just mention; it was at the time
when press-warrants were issaed, on the alann about Falkland Is-
lands. The woman's husband was pressed, their goods seized fur
same debt of his, and she, with t \.o small children, turned into the
streets a-begging. "Cis a ciretrinstanca not to be forgotten, that she
was very young (under I%) an I most rein trkablv hin I iome. Sloe
went to a linendraper's shop, took some roars linen Mr the cirinter,
and slipped it under her cloak ; ;he shin oman tam her, and she
laid it down ; for this she was hanged. I ler cle'enc,. was (I have tlit.
trial in my ;rocked) that site had lived in credit, and wantAl for no-
thing, till a pressgan;.; came and stole her httsba❑ I from her; but
since then she had no bell to lie on ; miming to give her children to
eat ; and they were almost naked ; and p yriine4 a to might have done
s.metinu.4 wro:ig, ruralist hardly kne's what she did ; Ihe parish ofii.
ce-s tcleirted the truth of- this story ; hut it seems, there had hero a
good deal of a!mrdiliing about Ludgate ; an example was thought
necessary ; and Clio woman wa, hanged, for the olidint and 2atisfae-
tion of so ne abopkee,rers in I,mlgate Street. When brottsht to
reeeive senynee., sac behaved in such a frantic manner, as proved her
to be in a distracted and despiindirn; state ; and the cad an-is sockbri
at her breast when she set out for Tyburn."

IVc will olly 4.1; wbat good coild be efrected'q
such an execut;on, an:lcr each circu:nstances ? Any
observations on thl uffn•tin4 )u would be su
perations. It spc:►ks for itself " trun►p,t ton4ue.l."

crineenititittes to increasc, itiswal of tliniinish-
nag, there i ; I;rcat reasol to -fileyeet tt tile punish-
ment nkrul-led to the toavietc,l crin•:aal is inadequate
to produce tile !',..sr great Ili n if all ati)r e-
!•, loath evert,' persan convietel of
uttering fnr4o,l nn;. ktiowiag them Li be forged, it it,
found %void.' eau.:e s.) peat it destruction of II iniuta life,
:13 to be intolerable in a country gout:.' for its general
humanity, A small uusuitrr only of tins guilty are,
therefore, sacrificed at the vioiat..l altar of pubtk
justice. Persons who have beea repeatedly guilty of
the crime, or w •. .1. general is sack as to [VII.
aer them other respects tlangrias I.:.nbi:rs of so-