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

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 ; s4'.4;ig
at Ace lucust whets 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
og to death every pJrs.,ll coovietea of
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 numerous
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.) titian 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.ts
euszolu, whi-la has hall bet ilkerveil un tAu Son,l
nrat:relin4 Christmas day, 11 W. art to, t;
tit the will it': two sisters ( 0r.,),
i.,;:311 en ei•Ate, in' witiott t g.
ttatie',l rc wtcti

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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,"waail to
fauna would cause
as to be i :!o!er.thi
hunuisi.y, /t sin
taereflr,:, ~isecifict
jostiee. Persons
the crime, or vv!tli
.d4c then in oth',:.