The National Register.
London, England, 1819-03-01 00:00:00

MONDAY, MARCH 1

1819.

or a moment suppose that such a system could ever I,
established ; but when from regarding it in a general
view, we attempt to reduce it into practice, we find no
certain re'ation or coincidence between *rime and pu-
nishment, upon which the opinions of mankind can be
expected to agree. Thus the crime of tliidt has in this
country been punished by whipping, by imprisonment,
by transportation, or by death; and whit' shall decide
which of these is the most appropriate ? That this often
depends upon circumstances extrinsic of the crime itself,
ali persons will admit. To estimate crimes by the id.Nt
we may f4rm of their degree of mural guilt, and to
punish them trcronlingiy, ray scent 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 more ostensible indications only, which affect
the interests of society. Accordingly all moralists have
allowed that this is not the criterion viten which a '
scale of punthments could be fitrmed. It will perhaps
he still contemiA, that as the measure of crimes is thn
injury done to society, punishments should be so applied
as to deter others from the rrytration of offences by
the force of example. Nor will this Le denied as long as
such examples are founded on a principle of strict jus-
tice towards the °ander ; but. when carried beyond
these bounds, for the we purpose ot deterring others,
it is evident there can be no limits to the severity of
punishments, Lot that as crimes intimate, punishments
must be infikied " still more horrible and striking,"
till the further possibility of Lomas sufrering is ex-
hausted.

If the prevention of crimes by example were the I
object in view, the punishment must not be proportion-
ed to the crime committed, bat to the frequency, faci-
lity, or injurious effecter of the crimes apprehended,
and must continually vary with those circumstances,
from the extreme of lenity to that of severity. One
only rule of punishment can, therefine, be relied on,
viz. that which is necessary to effect the reformation of
the offender. Till this is accomplished, the punish-
ment ought not to be relaxed; as smn as this is effected
punishment is no longer necessary. Whatever advan-
tage may be derived to society from 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 hint
convieti:n, that unless be conducts himself accordinely
to the laws and regulations of society, he %yid have to
endergo a similar procestwitilst the sanguinary and
cruel punishments which are indiscriminately .nflieted
on the hardened and the penitent, befoni commisserat•
ins, or unfeeling multitudes, are wholly inefficient, or
province sensations in the hyiest degree uniavourable
to nun ;i1 improvement.
In fact this accurate proportion between crimes and
punishments, although held out by many writers as an
ideal mark to direct their aim, has never been found to
be practicably 'Attain:Me. " Even Beccaria himself, by
‘vhein this scale was Fll=CSted, chief not seem to think
that it could be applied with precision to £he obscure
and infinite combinations of human action. He places,
place, those crimes which itnme•
indeed, in the first
diately tend to the dissolution of sotiet' ; in the lowest,
those which do the smallest possible injustice to a pri-
vate member of that society,; and between these ex-
tremes he puts all actions contrary to the pub( c good,
and which descend by insensible degrees, decreasing
from the highest to the lowest. But he adds, that it
will he saicient for a wise legislator to mark the
principal divisions whine • ditharbing the order; lest
crimes of the first degree te .ssigsied to punishments of
the last. Blacksame, sto•.• theerei is notions were
perhaps corrected by p, aete• , fottbts whether a cor-
responding scale u:pur )1e he not too romantic an
idea. But he in Oh, with Becearia, when he
says, that wise . • least zne.ri: the rrinci-