The National Register.
London, England, 1818-03-08 00:00:00

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No. 526.—V0L. XI.

rouncAL DISQUISITION.

OS THE CRIMINAL LAW.

THE public attention has recently been excited by
the case of two Youths, of the names of Spicer and
Kelly, who were sentenced to death for passing forges
Bank Notes, but respited in consequence of the disco-
very made by a Conitniuee of the Hausa of Commons,
that they had been the victims of a nefarious conspira-
cy between their employer and a Police Officer. We
are anxious to embrace the opportunity this circum-
stance afrerds us, of making a few observations on the
state ofeur Criminal Law, and of urging the imperious
necessity of a revision and reform. And, first, as re-
gards these unfortunate youths, we have only to say,
that their case is a striking instance of the folly and
pernicious effects of the system of rewards for capital
convictions—a system which has had consequences
that the authors of it sever could have apprehended,
but which, on being ascertained, ought to ba imme-
diately abolished. We grant the power and the oppor-
u:nity of gaining money by the death of a fellow crea-
ture to men contaminated by continual association with
robbers acrd murderers, and fatnihar with every specks
of fraudulent cortr:vance—na3 can we wonder at the
result? Du we wonder that such iren should use such
means ? We :ladder to thiuh how many innocent or
deluded victims unut have suffered from this monstrous
abuse. Mr. Bennett bus IJ:ought in 14 Bid fin its abo-
lition, tnd we sincerely
-it ‘vlll..pass into a law 1
that at least one glaring if ef.;et in our Cc itninal Code
may be amended, and the ends of justice no longer
perverted, as they have been by individual:, who, it
appears, hate had every opportunity of invoking pu-
un ethers, while their own crimes arc beyond
its reach.

But it is our present purpose to speak of tke punish-
tient of Death generally, and to add our humble con-
tribution to the widely-diffused and int:et:sing feeling.,
that it is high time to check the tide of blood that is
continually flowing at the demand of Justice; whose pri-
mary- and original ends arc, nev..rtheles.;, as far froat
being attained as ever. Executions have become hor-
ribly &event—but crimes have not decreased. We
see daily the vengeance of the law denounced in vain
—and capital punishment is often evade 1 by the guilty,
front the conviction of the improper severity of the pu-
nishment, while it is inflicted on others, whose bosoms
are steeled against its terrors, and whose consequent
conduct deprives it of half its moral. It is painful in
the extreme to reflect that there are nearly two Hun-
dred crimes punishable with Death, by our laws ! At
the first glance we arc tempted to say—lmpuesible !
Man cannot be guilty of so many violations of the laws
God and society. Yet so it is. Who, viewing this
black catalogue, would not imagine that we were like
the Spartans of Lyeurgus, so honest, so virtuous, so
immaculate, that not even the shadow of crime dare
to appear among us—but how is the filet ? Delinquen-
cies are so innumerable, the laws cannot repress them ;
and the nation is amazed at their inefficiency, which
the very consequence of their severity. The British
people are naturally mild and humane. We are armed
by the Legislature with the power of titling away life
for so many trivial offences, that we hesitate in the
performance of a public duty—we suffer a criminal
to go null:timed, rather than do violence to
ter feelings, by it:dieting the awful punishment of
Death.—The ends of Justice arc perverted, and the
rational character is scandalized, fir we present to the
verhl the strange paradox or a humane mid benevolent
nation, having a most sanguinary co,lc of Laws. So-
eety apreva to Le wills us, like a surfitee that leas
recaivett so csq.:isne A r.,11...!1 thitt the IcaSt scratch is
a.To nted fatal. The itaFovtalents of madern ream:-
I!, i (•r:-4tel u vzriety of relations that our aucc:-