The Statesman.
London, England, 1819-01-02 00:00:00

THE STATESMAN

THE CRIMINAL CODE.

TO SAMUEL FAVELL, ESQ.

Stn,—The whole country, but especially the Moral
and religious part of the Community, might to feel sad
express their obligations to yes, for your excellent,
argumentative Speech, in the Common Council of the
City of London, upon the motion unanimously
adopted, for petitioning the Legislature to ►wise the
Criminal Code. It is to be greatly regretted, that
tiro importance of this subject is rot more deeply felt
—that the influence of the present Criminal Laws
upon the increase of crime is not sufficiently on-
derstood.

If the sacredness of an oath—if regard in integrity
of prioeiple—•if the onsollierl honour of Jerymon—
if the pmention of crime—if moral and religious
p►inciples, are important and essential to the happi.
nest of men, to the peace and good or.'er of Society
—U tile proper fulfilment of defy by the lower ranks.
Ikea the present state of our Criminal Law is a dis-
grace to our country, and to the mild, merciful re.
ligion. 'vocalised by the State—and calls aloud for
the attention of every patriotic, benevolent, and feel.
ing mind.

Permit me, Sir. earnestly In recommend the
publicsiion of your Speeeh, in the form of a cheap
Pamphlet, that it may he extensively circulated. If
oar fellow.ciiisens, and tl.e country at large, feel
the importance of the subject as it &seises, they
will meet in their parishes, towns, and countiea, and
with one voice petition the Legislature, to grunt the
prayer of the Petition, to be founded span the es-
cellent and comprehensive Resolutions passed in Cow.
mon Council, end which I recommend to be printed
with your Speech.
I am. Sir, with high esteem,
Your obedient humble Servant,
Loa/au, Dee. IS, IBM

Ox ram CRIMINAL LAIV.

O.? *Wel ratio bor. tanteadoot at pear" Wimple.
Qui trwer.vi easte4alerui frrgrris bores.
Li qui aactsraus Diatom' sacra leserif.—Hom. lib. 1. Sal. 3.
Ilrettem rot ar'er ailsist the crimes elk,.
Ts seal• ca66ege, aid for rib a Church.

Instead of extending constructions upon laws that
are plain and deer, it would be better to amend such
as are glaringly defective, as in the ease of crimes
committed on the high seas, for instance. Now it
may happen, for it has happened, that • person sc.
closed of murder is guilty of mearleughler in the,
most aggravated sense of it, and yet the Jury will be
bound to argait him ; for, if there is no proof of
malice aforethought, there can be no murder ; anti of
any leas atrocious denomination of killing on the high
seas, the law rats take no cognisance, brew, there
is no tett..fit of Clergy snowed to those who are
guilty of crimes on the high sees.

In ear erleininees criminal catalogs* there are
many capital offences, not deserving more than car.
porsi punishment. Omitting the isnot inkinitoes,
there are such° as to pick a pocket la the rater of
twelve ponce ratibitig, ike.-Bth Elia. c. 4.-4
lisle's r. C.

The de,crirtion of dxelliog-hoftees is ridiesloos.
_ .

To break ion one of a particular description is a
capital crime; to break into one of another &scrip.

lion it not to.

To fore► one's hand through a pone of ghiss of be►
o'clock in the oftetnnen, in winter, to Peke out any
thing that UPI in the window, it a burglary, even if
nothing be tarn nut, although to break open a house
at four n'elnck in the mot oo ioo g in summer, is only s
asesdemenno ter.

n sisal fruit ready gathered is s felony, hn. In
gather it youraelf (by +MA you may Art it freaky')
snil steel it, is only a trespass. 13. inst. 109.
Yett. 31.

Ceiniug is punished with death ; and who Is mfr.,
when ►e is liable to conviction if reiniog instruments
an found in Lis closet, which may be convey►d there,
by the malice of • servant ? Of forgery nothing triere
seed be said, esrept that a frwery has toyer yet been
mode, in general terms, a felony, but first une species
and then smother, and the fo►ger must he indicted nn
the particelsr Stater►. Tn what gond end, ■nd for
whet purpose, certain of these Acts have beep passed,
is W. II knri.n.

A dreadful defect in the administration of justice,
i.the fiequissiry of oaths, and the slovenly, Irff•TP•
rent, and indecent way in which they are ailininis.
tere.l, which bay been well exposed by Aisstey--;
"So help you a shilling." The snultiplica.l
lion of oaths, Ike moltip/icatien of 11111.9, has lied
the most pink-lona effect spots the morals of thy
People. The greatest csi• should be taken to check
every thing that liss the least tendenry In familiarise'
perjury, or lessen tts• reverence of an oath. Against
filar witnesses, barked by perjury, this liTe, honour.
and listen, of the most innocent ate insecure. See-
ing the fallible Isidore of evidence, evoo in its :wit,
how few are the trials terminating in a verdict of
guilty. which a hominy and just mass can read with-
'NA a dealing of wipsantnew at the fireflies as.
tieing the storiout defects of the Criminal laws them.
selm, it is impossible not to observe one greet error
in the administraiinn of them, namely, rho indecent
dispatch with which this part of the public bovines%
is too frequently performed. If delay in civil cases
is censorable, dispatch in criminal cases is sorely
something worse.

In vain does the Legislator• e•de•eeer to deter
oQ►nders by adding fresh circumstances of feet in or-
dinary punishments; these from enge lose their
terror. The legal eiessecies inhibited to • thought.

l►ss meltitelleothen the prisons of the metropolis
are emptied into the grate, may melt the hemline into
corenmsion, bet they deter not the wicked from
gvittl . If the hazard of life could present the corn.
missies of silences, so amity miserable wretches
world not fall victims to trilling temptations, that
beer •e proportion In the consequences of detection.
Indeed they freqeently n►glect the most obvious
means of concealing their guilt —The highwayman
•oeld net, far instance, let the person he has robber,

remaio an evidence against him, if he recollected
that by adding 'warder to robbery he would be •s.
poser) bet to the mire ponishment, with a greater
chance of escaping detection; but he has sparks of
ridge yet enestinguished, and they should 'plcsil in
mitigation of the severest punishment of the law.—
there is, in truth, something in the nature of man,
that disdrina to be terrified, and therefore severe psi.
niahmessis hese never been found effectual for the pre.
ventiest of any sort of crime. Where the punish.
meat is by no means meted to the guilt, pity for the
sufferings of the man, usurps the place of resentment
against his crimes.
"The severest punishment ender a mild Govern.
meet," says the Csurina in her Instroctions, p. 86,
" would be to convince the offender that he has cos.
mittl. • diegeseefol crime;' and she adds, " all pat-
s
nishdsoole *weld flow walwrolly from • s. Tiros
thieves sod Aigharsemen should be penis Ills bars!
were end herd fore, becomes the, guilty
thrdegh idleness and trzary."
Mit how kit with us? The penalty of death has
bees introduced to meet such a rarkts of off•sees. Is
atop the hand of the murderer, or to present thexpm.
wield*, of easy (reeds, that crimes very different in
&melte, are held deserving of an equal severity of
isonfehment ; and a principal nose of 'Beanies, will
be loondiuthese disproportionate penishments, desth
IrE Illtit lb. coseequence of a rubbery committed
b bolf.fealsherk wretch, who, to relieve the
d of a starving family, robs a miler of half...
creme, sod of a bloody 'elan, who, from wanton
crtaelly, tills or maims the unresisting plundered pus.
sower. " It is the triumph of libelty." says Men.
T MU, 41 when theCtiminal Laws proportion pa-
is to the parilcolar watery of each offence;"
ielleie we aro told that it is as great • crime to
forge a benk.notr, as to commit murder, nature sad
reason retell at the leelltifeee propo.itioo.