The National Register.
London, England, 1819-02-28 00:00:00

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SUNDAY, FEBRUARY 28, 1819.

' or a moment suppose that such a sysretu could ever be
established ; but when from regarding it in a general
view, we attempt to reduce it into practice, we ;hid no
certain relation or coincidence between crime and pa-
nishment, upon which the opinions of mankind can bz
expected to agree. Thus the crime of theft has in this
country been punished by whipping, by imprisonment,
by transportation, 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 by the idea
we may f .rm of their degree of moral gnus, and to
punish them aecordingly, may scow to some a task of
no great difficulty ; but when we pretend to judge of
moral guilt, we undertake what it is impossible we
should accomplish, and find ourselves compelled to rely
on those mere ostensible indications only, which affect
the interests of society. Accordingly all moralics have
allowed that this is not the criterion upon which a
scale of punishments con?, be formed. It will perhaps
he still contended, that as the measure of crimes is the
in3tiry done to society, punir.hments should be so applied
us to deter others from the perpmrat:un of offences.by
the force of example. Nor will this be Beni-d rts long as
such examples are founded on a principle of strict jus-
tice towards the offender ; but when carried beyond
these bounds, for tim mere purpose of deterring others,
it is evident theretkan he no limits to the severity of
punishments, but that as crimes incroase, punishments
must be inflicted " still snore Morrill. 'mud striking,"
till the further possibility of human suffering is ex-
hausted.

If the prevention of crimes by example were the
object in view, the punishment must not be proportion-
ed to the crime committed, but to the frequency, faci..
lity, or injurious effectes of the crimes apprehended,
and must continually vary, with those circumstances,
1 front the extreme of lenity to that of severity. One
only rule of punishment can, theretbre, be relied on,
ma. that which is necessary to effect the reformation of
the eflieler. Till this is accomplished, tire punish-
ment ought not to be relaxed ; us limn as this is efll:cted
punishment is no longer necessary. Whatever advan-
tage may be derived to society front the example given
by such process, is legitimately obtained, and will have
its natural and proper effect. It appeals to the reason
and judgment of every individual, and affords him s
convittim, that unless he conducts himself accordingly
to the laws and regulations of society, he will have to
eudergo a similar process—whilst the sanguinary and
cruel punishments which are indiscriminately inflicted
on the hardened and the penitent, bcfwe commisserat.
ing, or unfeeling multitudes, are wholly Me ffivient, or
produce sensations in the highest degree uniavourable
to moral inqaovement.
In Fact this accurase pmportion between crimes and
punishments, although helot out by many writers as an
ideal mark to direct their aim, has never been found to
be practicably attainable. " Even Beecaria himself, by
whom this scale was suggested, does not seem to think
that it could be applied with precision to the obscure
and infinite combinations of human action. He places,
indeed, in the first place, those crimes which imme.
diutely tend to the dissolution of society ; in the lowest,
these which do t!to smallest possible injustice to a pri-
vate member of that society ; and between these es.
tremes he puts all actions contrary to the pubrc good,
and which descend by insensible degrees, &crewing
from the highest to the lowest. But he adds, that it
will be sufficient fur a wise legislator to mark the
principal divisions withoat disturbing the order; lest
crimes of the first degree be assigned to punishments of
the lea. Illack;stone, whose theoretic notions were
perhaps corrected by practice, doubts whether a ear-
responding scale of punishments be not tea romantic an
ides. But he in effect agrees with Becearia, when he
says, Can wise legislator will at least soak the prime,