The National Register.
London, England, 1819-02-14 00:00:00

SUNDAY, FEBRUARY

'l4, 1819.

with the greatest expence of horrian lives, nor
v pr,iitices tiz. lout elfeet in the way of

ptee..eler.g mire:Le
I remthi., remark of Mon tet•quien's, so atexely justi •
ficd as it ie by the per.al co:It of Euglend, be gees
elle-justice of that of Beceoria, in hisecelebrated iisvay
on Criraee and Penishinente Viboever,' says he,
I reacts with a philosophic eye the lowa and historic: of
' nations, will continually find the names of vine and
virtue, of patriet and criminal, changing places d'irin
the revolutions of successive ages, not regulated, how-
' ever, by the altered circumetanees and stuetiens of
the sever?! states, but according dm different pas-
' sions and mistakes of successive legislators. Thus it
is, that the passions of one age firm the !lasi.; of the
morals and laws of the next, and thins originate the
most uncertain and erroneous notions of henceir and
virtuet: Thus too, we may itdd, have arisen many
of tivee ahead or creel 'awe which disgrace our state te-
leioS ; and if we wish for a striking instance, we need
lcok to the present proceedings in Pariiament,
where we shall see the Attorney General proposing to
repeal a law, Olt of trial by battle, which once was
deemed a se:red seipeal to Heaven, mad which, even till
this day, has been suffered to disgrace our legis!ation,.
The same writer (Beccaria), agreeing with Paley, thee
the sole object of pun!ehnients by human laws is the pre-
vention of criaues, lays it down, that all punishments
which go beyond etc object, aro in their reature unjust, '
iseeause they do not tend to preserve the beads of society'
but militate against the eery object.of the social eon.
tract, the well-being of the amiract*. parties. We
pave before seen the insufleiettey ofrtypiopOrtioned
punishments to their object of prevensing crimes, and
this consideratien chews their absolute hijestice. /Law
then can we justify that seeile, which asigus to parricide
and to stealing frombleachinggroande the minp punish.
merit? not by ulkilging that the sentence is not always
inflicted for the latter yffunee, fur that cannot be a jits-
tifireation in those instances where it is but rather an
eggr. eyation of the injustice, by adding that uncertainty
Which encouraged the criminal to ocenmit the offeace,
and thus proved a Scary to him. The parricide, when
he commits his crime, knows that his only chance of
saving his life, is by evading detection—a chance,
which doubtless is the hope by which ha if entrapped ;
but human laws cannot prevent thet. s'pt the man
who is hanged for stealing from eke bleaching grounds,
had the hope, that, if even detected end convicted, he
might still ester-capital punishment, for many hail
before him ; this chance proves a goitre to him, and it
is a snare which the law itsel: has kitl under his feet.
The injustice, therefore, of this aiserpoistioned u-
meet is increased by its uneertaitety.

Such arc the inapoticy, the injustice, sr.d the uncer-
tainty, of our penal enactalents—:44ree tlacc,ts,
:ra-
dically vicious, that (independently of the faults o. oar
prison discipline) we cannot be put*isel at the, Ftc.:tral
effects ensuing cf an increased naltilr of aimed. Tie
muutiy, however, 'i3 iu our &Ant hands; and, it any
thing could cs)nsn'.c as on this subject in pirticalar for
the loss of Sir Saninul would. b 3. thitt the
persuit of this itnrortant ot)jsct has been taken up by
the'tsru.valcnt and persevering.W. )Viiherforce ; who,
if he lives to attain it, will deserve the glOp,ous title of
the Father of.his.Contatry.
• Spizit of LAW, book vi. chap. I.
+ On Crimes and Punishments. S 6.

•
From Vienna it i., mentioned, that nne of
Bankers of that c..p:A:ll, cre:lit was ainost
and who was publicly designated as tine fate%
7.315a,i
mined,of au importaat Financial Administration, had far
wale days disappeared; and oa tha 18th ult. his landy
was found in the Danube. The cause. of thlt melancholy
crept was not -known.