The Sun.
London, England, 1821-05-23 00:00:00

WEDNESDAY, MAy 23, 182!

FOR THE SA.

CRIMINAL PUNISHMENTS.

Ma. Ecorroa,—That BRITISH JURISPRUDENCE,
Criminal and Social, is both in THEolty and
PRACTICE the perfection of wisdom and of sound
sense, I feel convinced that no man will deny, if he
permits himself to consider it coolly and 'impar-
tially. I mean not by this to assert that it is at
this present moment free from imperfections. It
is the nature of man, singly and socially, to
change ; of course, perfection itself, if we could
possess it, must change also to continue ; and
the great perfection of our jurisprudence is that
it admits of change whenever applicable to social
variations. I will not deny then, though, I do
not go the utmost length of existing popular ex-
prossion, that improvements may be made in our
Criminal Code; perfectly consonant with the
grand principle of MERCY., whilst,, at the .sanie
time, giving greater security to private prlperty
and to public happiness. I will not even deny the
propriety of the reduction of Capital Punish-
ments, as now called for ; but I must urge that
the mere reduction of punishments, beginning
at the upper end of the scale, is not .so likely to
diminish the number of candidates for punishment,
or the sum total of crime, as a system that will'
commence at the iower end, an d which by checking
crime at the very outset, will prevent thousands and
tens of thousands from ever rising half Way up
that scale, of punishment, to whose very- summit
they must, and do, otherwise speedily reach. In
short, the existing EVIL arises from. the uncer-
tainty of conviction and of punishment 'in any
degree of offence, and the almost certainty of
impunity for minor charges, on the score 'of a first
offence, of youth, &c. &c. The REMeDY I would
offer consists in a certainty of conviction and con-
sequent punishment in the very first stages of
crime : not however to shut the door to MERCY
but 'to act mergfally by stopping the thoughtless
offender, even in his first error. Let the punish-
ments be reduced as low as mercy would dictate,
or good sense allow ; BUT LET THEM BE CERTAIN !
If by certain, though even inadequate, punish-
ment to twelve minor culprits; we should only be
happy enough to check ONE in his career to
greater crime, the wishes of mercy and the
claims of justice .will be alike well satisfied.—l
am aware that this may be unpalateable to many,
nay, I doubt not that I may be accused of cru-
elty, and called a second DRACO : but I speak
from long experience, though totally unconnected
with the administration 'of the laws. I believe
that every- man acquainted with,naval and mili-
tary discipline, that every man, who.has known a
well regulated ship or regiment, wilt Agree with
me both in theory and practice.-- Tiiprohce re-
form, or I would say amelioration on this principle,
a clear view of the whole subject ought to be taken :
for which I have to propose a very simple plan. Let
us,for present investigation,consider the gradations
of punishment, from the lowest up to DEATH, to
be FIFTY id number. Then draw up a tabular
plan offtfty-one columns : leave the first blank,
and head the others in gradation. Then under
each head of punishment place the misdemeanour,
offence, or crime, together with the number of
charges, convictions, and punishments for each,
in the metropolis, and in the counties of Middle-
sex and Surrey, for the past year. Begin with
the first column of offences. If any of these ap-
pear not to deserve the very lowest existing gra-
dation of punishment, remove them to the blank
column for future consideration. If any of them,
either from the nature,of the offence itself, or
frorry the existing state of society, or of crime,
appear to require a greater punishment, then re-
move them to the next column above for future
investigation.; and so on, column by column, up
to the highest.—Here, then, we shall have a fair
systematic view of the case, and may not only
remedy each individual error in the administra-
.tion of Criminal Law, upon its own specific me-
rits, but may even, if-necessary, reduce the'whole
upon a general average, with nearly as much
ease as if it were a question of pounds, shillings,
and pence !—There will be also another import-
ant advantage attendant upon this system. It
will not be denied that many offences change in
their nature, through the lapse of time, some-
times even in a moral point of view, at others
from social changes. Some offences also even
spring from the laws themselves, or from social
manners! Then a question will arise : may not
these offences be obliterated from the calendar
of human crime by other means than mere legal
punishment ?—Under this head, it is not impos-
sible that improvements may take place in the
REVENUE, EXCISE, aII(I_GAME LAWS,'Willell will
actually diminish the sum total of crime, and at
the same time give greater security to the
PUBLIC INCOME, and even to the preservation
of game.—Without a compliment to Govern-
ment, I am convinced that in the first of these
it would gladly and cheerfully co-operate ; be-
cause I have reason to know that it is the princi.
ple upon which it is now acting, notwithstand-
ing all the clamour, and all the charges, arid all
the. petitions of OPPOSITION,. For the second, it
must undoubtedly be in consonance both with
the interests and the wishes of the LANDED GEN-
TRY j by the greatest part of whom the GAME
LAWS are considered as an evil, though one that
is absolutely necessary.--An arrangement"formed
on this system ought then to be acted on with
precision and with determination ; yet still tem-
pered with the same mercy as at present; though
that mercy might appear in a different. dress.
One case in illustration must suffice : a Baker,
after poisoning his neighbours for half' a dozen
years, is brought before a Magistrate, and con-
victed of his first offence, for, which the law
orders a penalty of five shillings per ounce, with