The National Register.
London, England, 1818-08-17 00:00:00

ON CAPITAL PUNISHMENT%

IT may be observed in the words of an ingenious
writer,* well acquainted with the principles of human
action, that the degree of punishment and cease-
' euences of a crime ought to be so contrived as to have
:he greatest possible effect on others, with the least
possible pain to the delinvent; This sentiment of
truth and humanity will stand the test of time, and
remain to the remotest ages of tl:e world, however
broken in upon by man, in the practical course of life,
under the influence of his passions and his prejtulices.—;
To the above human reflection may be added another
position of the sa:ne author, as also of several other
writers of eminence, who have treated on the subject,
• That crimes are more effectually prevented by the
certain:; than by the severity of punishment: This
maxim of st,und jurisprudltnee is very warmly adopted
loy a most sagacious commcntaturt on the laws of Eng.
land, who has aral.:7 expressed himself with much force
and elegance in the following ex tracts from his writings.
—They contain sentiments which cannot be too often
revived, nor too devpl:, in:pressed on the mind of the
legislator, the philanthropist, or the rap of the world,
and as such deserve tsilbe engraved an tablets of gold.
In treating on the measure and Lffeet of human
indictions for offence, he says, ‘. W'e.may,observe that
punishments of unreasonable severity, especiull7 when
indiscriminately in:at-A, have less e4ect in prevent,
• ing crimes, amYanicailiug tive...manucia of a iislOpl4
• than such as are rno.k merciful in general, yet properly
intermixed with due distinctions of severity. The
• excessive severity of laws (says Montesquieu) hinders
4 their execution. %lien the punishment surpasses all
' sneasure, the public, out of humanity, will frequently
' prefer impunity to it. We may further observe, that
• 'Sanguinary laws are a bad symptom of the distemper
• of any state, or at least of its weak constitution.'
It is, moreover, absurd and impolitic to apply the
I same punishment to crimes of different malignity. A
• multitude of sanguinary laws (besides the doubt that
' may be entertained concerning the right of making
theta) do likewise prove a manifest defect either in
• the wisdom of the legidative, or the strength of the
• executive power. 1 t is a kind of quackery in Go-
• •vernment, and argues a want of solid skill to apply the
'same universal remedy, ultiniunt suppllcion, to every
case of difficulty. It is, it must be owned, much easier
to extirpate than to amend mankind. Yet that ma-
' gistrate must be esteemed both a weak and a cruel
• sargcon who cuts off every limb, which through
horance or indolence he will not attempt to cure.'
' Thoogh we may glory in the wisdom of the Engl
law, we shall find it difficult to justify the frequent
• of capital punishments to be found therein, inflh
' tperhaps inattentively) by a multitude of siteeessi
' independent statutes, spun crimes very different
• their natures. So dreadful a list, instead of dimint
' ing, increases the number of offenders. The injured,
• through compassion, will often forbear to prosect,
' Juries, through compassion, will sometimes thrget
• their oaths, and either acquit the guilty, or mitigate
• the nature of their offence ; and Judges, througl
compassitn, will respite one half of the convicts, -