The Statesman.
London, England, 1820-12-13 00:00:00

THE CRIMIN.II, COUR.
ION." 31.: NOON .l

:s•Nl' • Tilt

'ix persons, on Tuesday last, paid the forfeit of
tr.eir lives to the severity of our I:riot:nal Law ; anal
• :ght are to be *tided to the number to-morrow*. h uma-
:•ity shudders at the reflection ; for who aloes not c -
passionate the feelings of an unhappy wretch the night
t efore his execution! The victim is about to approach
" that !Hoffer from whence no traveller returns ;" and
in his passage he mnst undergo the ordeal of a public
eithibition: and the agony of a violent, and a cruel
death. In such a situation, it would be almost a cha-
rity to remind him of his family, that his feelings
rtight he lacerated in all directions, anal prevented
from centering too steadily upon eve particular ob-
ject. We are aware that we shall meet with cold-
blooded reasonerft ; with some who think they are
Legislators ; and with others, who, while surrounded
by comforts, will read us an admirable lecture on
Philosophy. The former will tell us, that our an-
cestors were very wise ; anal the latter will assure
us, that doath is a mere modification of matter.—
To both these classes n-e shall take leave to say,
that they are but half-learned ; and that the affec-
tation of wisdom is worse than thq eonfessiott of ig-
norance; for the first disgusts us, while the latter
is, at least, inoffensive. The Philosopher we shall
dismiss altogether ; just reminding him, that even
the great itoentrot•cm•yr observes, " no man can
book steadily on death:" anal we shall proceed to
subunit a few remarks fur the consideration of the
Legislator.

13k ample is. we believe, admitted to he the sound
object of all human punishment. The example is
intended for the members of that society, by whose
laws the punishment is inflicted : and sometimes the
offender is 1 self included. The question then ap-
pears to be, what are the cases in which reformation
becomes hopeless; and in which man is justified in
putting his fellow man to death ? 3lttriler is unieet-
sally allowed to be one of these cases; for it argups
complete abandonment of all principle, and renders it
even unsafe to permit the ollender'. Nether existence.
'I his we tear, is the only case in tibial law aud huma-
nity go hand-in-band. We are far from a ting,
that our criminal code would bear so convulsive an
alteration as that of analogizing it to the laws of Ame-
rica, which visit no crime but murder with the punish-
ment of death. Under that code, even treason, the
highest of State offences, may be expiated by a
course of solitary imprisonment : and the traitor may
Lope to enjoy the! benefit of that law whirls be
has desperately endeavoured to subvert. We admit
in the outset, that it woaW be a dangerous experiment
to attempt such an analogy ; but we do trust. that no
little-minded jealousy has been the cause of that
flippant sneer, which always plays upon the lips of our
rulers, wh any man has the courage to speak of
American wisdom. Yes : the Americans are giving
daily proofs of intellectual power ; and we fear they
are already competent to teach us the science of legis-
lation. But, whether it is so or nut, an examination
of their system will not increase our ignorance ; and
at all events, the laughing at them can have no other
♦elect, than that of giving them just cause to impeach
our national good manners.
It will not be denied, that legislation has arrived
nearly at perfection, when it has invented a punish-
ment, not revolting to humanity; and vet so dreaded
by the culprit, that the fear of such a punishment sur-
passes that of death. This we apprehend tee he the
consummation of legislative science. Now, it was
orlv in one of cur last American papers. that we read
an account of a man, who was apprehended for an
tifience which would have subjected him to merely a
limited period of solitary imprisonment ; but so appal-
lie f. was the prospect of that punishment. that he pre-
ferred death ; and confessed a murder he lead com-
mitted several years before.

Let ns now select an instance or two from our own
system of criminal jurisprudence. That our capital
offences are numerous beyond all former calculation, is
admitted ; and that the punishment of death does not
operate as a preventive, is too fatally unquestionable.
•he sun is obvious.--We make the life of man too
we equalize it with the value of a horse, or
a •
sh we refine upon that life, so as to pro-
fate of our fellow-creature even upon the
turning latch.--This is the law : and, to disarm
att cavil , who way say we have selected an extreme
and improbable case, we have only to observe, that
such an instance as the latter, occurred last week at
the Old Bailev. It appeared that the establishment
of a charge of burglary turned upon the question.
whether a dour, which fastened merely by a latch,
bad been shut or not. Had the door been in that
situation which is called, on the jar. the prisoner's
life would have been saved. It was proved that the
door was shut ; ;mite was convicted and informed
that he would he executed. If, as legislators assert,
the essence of all crime is in the evil intent,
what difference could it possibly have made to
the prisoner, with respect to his intent, whether the
door was shut or open ? And yet, as we have ob-
served, this man's life has turned upon that appa-
rently simple question 4
That such a system requires alteration no man can
deny; whether he examines this momentous snbject
as a legislator, or a philosopher. Sir Mains-
• en H has distinguished himself by his laudable, and-
in some measure, saccessful attempts to adapt our
criminal code to the revolution which time has made upon •
men and manners. But Sir JAMES has scarcely begun his
labors ; and we intreat him to continue them. We in-
treat him not to be satisfied with makine; elolnent
speeches; and then sitting down, " amid cheers from
of the house." These, to a mind like that
e( Sir Jeanie. should be considered as trifling ;
the. mere leather and prunella."
As fhe inbject can have no.conneetion with politi-
' cal hostility, we have little doubt that his mediations
esectiotis will meet with illtimate snecess ; but MIMS/-
. ful or•not, he will entitle himself to the wannest gra-
titude arf every true philanthropist. The warrior is.

• Tilt eight unhappy wee tattered oa Monday, according
0 their sentence.
+ % case. signaler in principle. nceurre I on flottltdsy ; is
which the J Ages. after yr-I,r arsve consideration. decided.
ilLlint Iwo ruts of a watch chain cunstitut a a capital offence!