Star.
London, England, 1831-01-31 00:00:00

MONDAY EVENING, JANUARY 31, 1831.

No. 13,696.

LITERATURE.

THE LADIES POCKET MAGAZINE.
THE PARISIAN GEM OF FASHION.
THE POCKET ALBUM.
JOSEPH SOWS&

The above are the titles of three new Monthly Periodicals commenced
this month for the instruction and amusement of the Ladies. They are
duodecimo in size, neatly printed, and appropriately ornamented with
well executed engravings of the fashions—and one or two pleasing sub-
jects. All the three little works contain much original matter of a light
and entertaining character, and we, ever grave, critical, and sentemiows,
we have very agreeably spent an hour in their perusal. We can recoil -
mend them to such of our friends as bearin mind the well known Check
maxim that a great book is a great evil, and, therefore, can relish little
books--centaining much amusement at a very small price—fee afoot&
ing to the sollequialism, sixpence will neither make we break them. '

ANTI.DRACO; OR, REASONS FOR ABOLISHING THE
PUNISHMENT OF DEATH IN CASES OF FOkGERY.

By a llarriater of the Middle Temple.

We should ill merit our title to public favour, if we did
not lend our feeble support to the labours of this learned
writer.

" The Common Law, which Blackstone," he says, "calls that admi-
rable system of maxims and unwritten customs,' did not confound the
species of the erinsersjoiri, known by the came of forgery, with of.
fences deserving death. The benign character of the common law, with
regard to crimes, places it in amiable contrast with the statute law,
which, generally speaking, seems to have been dictated by a spirit as
passionate and vindictive as that of the other was reflecting and humane.
How lawyers, while in Westminster Hall they bestowed their praises
on the former, could in Parliament give their active or tacit approval to
the latter, I leave those who are fond of accounting for the inconsis-
tencies of human nature to determine; but certain it is, that lawyers
never were wanting to justify the most intemperate innovations upon
that system, which they characterized as the work of consummate wis-
dom. Do I call the common law ' the perfection of reason P' I do
no such thing; but I consider many of its principles accurately just;
many of its maxima eminently beautiful, and its whole constitution
of criminal justice far better adapted to the nature of man, and the pur-
poses of society, than the mass of cruel and sanguinary statutes, by
which it has been, in a great measure, destroyed and superseded.
" The common law never confounded forgers with murder—the
statute law has obliterated the distinction between fraud and bloodshed.
In doing so, it has verified the assertion of Blackstone, that the wisdom
of the old law has been more clearly manifested by the ineenvettletiees
which have followed the innovation. In advocating the abolition of the
punishment of death in eases of forgery, I only advocate the propriety
of getting rid of what was itself an innovation--and a very violent one
—en the old and venerable system of English law."
" In the reign of Richard IL it was deemed necessary to provide, by
a special statute, against the falsification, or, in other wards, the forgery
of records, by judge; and clerks in coma; and therefore ft was enacted,
by the Bth Richard IL cap. 4. that Judges, as well as clerks, are to
pays gne to the King, and make satisfaction:to the party for falsely
entering pleas, or raids/ rolls, or changing verdicts, to the disherison
of any one.' This law contained two wands' ravishes of criminal
justice, ;Remanent for the Ahem 1i Sorieldie, fliiionot days,

and compensaticn for the injury to the party. This was better than
that barren vengeance which pursues life, and neglects restitution."
" The act of the Bth Henry VI. made it a elergyable felony for any
clerk to embezzle, avoid, &c. any record, suit, return, &c. whereby any
judgment should be reversed. By the 6th of Elizabeth, when the mild
spirit of the common law was first departed from, and cruel penalties
annexed to the crime of forgery ; not, however, extending to forfeiture
of life, at least for the first offence. The line if demarcation was not
yet completely passed, which ought ever to separate offences of deceit or
circumvention from those accompanied by brute force. By forging, or
publishing any forged deed, court roll, or will, with intent to affect the
right of real property, either freehold or oopyhold, the offender, besides
being liable to pay double costs and damages to the party grieved, was
to forfeit to the crown the profits of his lands, and suffer perpetual im.
prisonment. In the latter use, namely, the forging of a term for years
annuity bond, obligation, acquittance, release, or discharge of any debt,
or demand of any personal chattels, the culprit was, besides standing in
the pillory, and paying double costs to the party grieved, to suffer but
one year's imprisonment. He was, also, to lose but one ear, while in
the other case, in addition to the loss of both, he was to have his nostrils
slit and seared ! For the second offence, benefit of clergy was taken
away.

" The 39th of Elizabeth is one of the most extraordinary specimens
of legislation that ever came out of the English nifferins /van. It
chews how touch more acerbity of temper, crime, attended by poverty,
has sometimes excited in the minds of English legislators, than more
enormous guilt, not so "degradingly" connected with destitution. By
this law it was enacted, that every idle and wandering soldier or ma.
riner, who, coming from beyond seas, should not have a testimonial
under the hand of sonic one Justice of the Peace of or near the place
where he landed, setting down therein the place and time when and
where be landed, and the place of his dwelling or birth, unto which he
was to pass, and a convenient time therein allowed for his passage, &c;
or should exceed the time limited in the testimonial fourteen days; or
who should, at any time ,thereafter, forge er counterfeit any such testi.
=Mid, or have with him such forged testimonial, was to be adjudged a
felon, and to suffer without benefit of clergy ! This la the first positive
and direct enactment of death to be found in the English law for
forging, or having in one's poserseion a forged or eonnterfeited in.
stru mem.

" We next come to the statute of the Eth and oth William and Mary,
which enacted that the forging or counterfeiting the common seal of the
Corporation of the Governor and Company of the Bank of England, or
of any sealed bank-bill made and given out by the said Governor and
Company for the payment of any sum of money, is felony, without be-.
refit of clergy ; also, the forging and ocumerfeiting of any bank-neee,
of any sort whatsoever, signed for the Governor and Company of the
Bank of England, or altering or erasing any indorsement of any bank-
bill, or note of any sort, is felony, without benefit of clergy. The words
without benefit of clergy' being introduced into the ilth and Bth Wil-
liam and Mary, upwards of 190 statutes followed in progress of years,
which added more than sixty new capital crimes to the English code.
The offspring were worthy of the parentage. It was in the service
of Mammon, the change, so lujorioua to justke and humanity, was
fintt wrought.
_ _

" By the 9th of Anne, Cap. 21, the legislaurre did far the South era
Company what, by the statute la Willlem's reign, it hoi dottelbr the'
Bank of England. This was followed up by the Bth Geo. I. which, for
forging theistotir rectipt4 olnd 11W.ktltt warms 'of the IA company,
inflicted the penalty Of icoth.
"Siam that time, polies-opinion has pawn with the growth of le-
fties/see* the semantic to sanguinary panishments indicates the'
'dileet of the people to that humanity which the Legislature had
forgotten."
We shall close these extracts with an eloquent passage :

.
" Passion tint made revengeful laws, and revenge, ones ineoeporatsd
'with the system of justice, re.produeed its own image, after passion had

PRICE 71).

expired. Legislators looked only to what their predecessors hat'. done.
without recollecting the circumstances which palliated arms that could
not be justified. Instead of examining the merits of the artificial system
of penal morality, which they found established, whose source was indig.
nation, and whose object vengeance, they guided their conduct by it"; ex-
ample, and went on habitually multiplying these inhuman enact.bentst
which justice and reason equally renounced.
" It is in vain for Sir Hobert Peel, or any odor :Minister, to think
that he can long resist this power. The antipathy to sanguinary
punishments is characteristic of a people, not only of humane instincts,
but of sound moral perceptions. The frequency of death intend for
crimes, which arc not of the last degree of malignant depravity, not
only pains the feelings, but shocks the understanding of a people, who
are capable of judging of the degrees of crime by another standard than
the artlticial criteria! of the legislator. Neither reason nor the Chris-
tbsiti.reltgion allow them to reverence a vindictive system of justice,
width Mew* tbirmifyiltailon tstmetrwo by • vidweissittlime moral
distinctions, with:kale more firmly established by OOD and nature, than
the foundation of the universe."

SMITHFIRLD—THIB DAY.
carets AT Wmntar :
Meet., 2480—Sheep, 20.000—Plgs. 150—Cabroe 140.
Baef ....... 4. 4J to 44 8J Port
Dotted .... 4s 2d 4. 8.1 Lamb Oe 04 0. Od
Veal . ...... be 84 to 6.
Hey (perlosd). A 2 10s. to £4 44. Clover. AS 10e. tie AO oe.
Itrow..lll 14e. to Al 18e.

AM/GATE AND LEADENHALL-TOl5 DAT.
The supply of Meat was not very gteit atie morning, ana Mims ge-
nerally were full Si. per stone lilgher.
By Ate Carease.—Per 'stone of sas.
Beef lts ed Ss Id vi Ild I Mutton ts -Ad Vs MI es 'Od
ew od sd s• ad Piet s• ee N a. od

COAL-EXCHANGE-THIS DAY.
Ships arrived &Hair the maids
~. During the week
Beet WsMead Coals 34 &I 3116 &I
Other sorts
Ships at Market, 1071