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given to Noah and his posterity; "Whoso sheddeth man's blood, by man shall his blood be shed," and consequently to be obligatory upon all the descendants of that patriarch. I hope I shall not offend any one, by taking the liberty to put my own sense upon this celebrated passage; and to enquire, why it should be deemed a precept at all. To me, I must confess, it appears to contain nothing more than a declaration of what will generally happen; and in this view, to stand upon exactly the same ground with such passages as the following: "He that leadeth into captivity shall go into captivity;""fe that taketh up the sword shall perish by the sword." The form of expression is precisely the same in each of these texts; why then may they not be all interpreted in the same manner, and considered not as commands, but as denunciations? And if so, the magistrate will be no more bound by the text in Genesis, to punish murder with death, than he will, by the text in the Revelations, to sell every Guinea captain to our West India planters. And yet, however just and proper such a proceeding might be, I suppose no one will assert, that the magistrate is bound to it by either that or any other text in the scriptures; or that that alone would be admitted, as a sufficient reason for so extraordinary

a measure .

But in considering the punishment of murder by death, upon the footing of political advantage, which alone has any thing to do with the question, may it not justly be asked, what natural reason can be given, why the loss of one member

* Gen ix. 6.

+ Rev. xv. 10. Mat. xxiv. 52.

Let it also be observed, by those who will quote scripture upon the occasion, that when Cain murdered Abel, God only set a mark upon him; that is, rendered him infamous. This is a scripture precedent!

of society should necessarily be followed by the loss of ano ther; and if none can be given, whether the present practice on such occasions, is any thing more, than a barbarous expedient to get rid of a difficulty, than hastily cutting a knot, because a little dexterity is requisite to untie it.

It would surely better become a wise politician to enquire, what are the springs which lead men to the commission of crimes; and so to suit his punishments to particular offences, as that they shall in their own nature tend to prevent them, and correct their evil influence; and not to inflict random punishments, merely to make the delinquent suffer.

Now it will not be difficult to shew, that the principal springs of evil actions are, pride, luxury, and idleness, assisted by the influence of bad examples. To correct the ill effects of these things, we at present confine our prisoners in a state of absolute indolence, in the company of the most detestable of their species, who encourage, instead of shaming them, with free access to the means of intemperance, the gaoler being generally a publican, and after five or six months of this kind of discipline, we whip, banish, or hang them. In other words, we cherish, as much as we are able, those principles, and confirm, beyond the possibility of amendment, those habits which are the foundations of all vicious conduct; and then inflict upon them a momentary punishment, which, if they survive, they return into society prepared by ourselves to become its most detestable members; and if their punishment be the conclusion of their present existence, we have been doing them an injury which we cannot repair, by contriving for the last months of their lives such a course of conduct, as was sure to confirm their vicious principles and habits.

Is all this rational and wise? does it manifest sound judgment, or good policy? surely not: right reason would sug

gest a very opposite proceeding. To counteract the effects of idleness and luxury, and prevent the influence of bad company, it would shew, that it was much more eligible to apply the punishments of shame, hard labour*, coarse diet, and solitary confinement; and these in different degrees, accor ding to the different enormity of the offences committed, and in proportion as they have arisen from one or another of these causes.

Many advantages seem likely to arise from this mode of punishment. That the certain infliction of hard labour would have more influence upon the mind of the offender, than the present bare probability of death, may naturally be supposed, and indeed has been frequently experienced. And the duration of the punishment would make a much deeper impression upon spectators, than the instantaneous execution of a criminal; and would therefore tend to deter more effectually from the commission of crimes in future. In suffering this kind of punishment also, the offender is compelled, in some degree at least, to support himself by his own labour, as long as he remains under confinement; he will also form habits of temperance and industry, and thus be prepared for usefulness in the world, when the term of his punishment is elapsed. And that the reformation of the offender will be very much promoted by some portion of solitary confinement (affording him opportunities of reflection, breaking him from the society of his old companions, &c.) has been sufficiently shewn by the excellent Mr. Howard, in his state of the prisons in Holland +.

* Diodorus Siculus tells us, that Sabaco, king of Egypt, changed capital punishments, with much success, into stated kinds of labour. Whose example Grotius recommends.

+ See particularly his story of the shoemaker, who always drank the healths of his friends, the masters of the rasp-house, for teaching him sobriety and industry.

But the best method, where it can be done, of amending our penal code, is to take away all occasion for its severe institutions, by preventing, as much as possible, the crimes they restrain from being committed ; or, in other words, by having recourse to such previous expedients *, as shall remove every prospect of advantage from their commission. Thus, while no other precautions were used to prevent the coining of gold, than making it a capital crime, the offence grew every day more frequent; but as soon as the late regulations respecting gold coin took place, which entirely precluded every prospect of advantage from this practice, the offence died away of itself; and we now scarcely ever (I believe I may say never) hear of a single offender in this respect.

These are the expedients which have hitherto been used in those countries, where attempts have been made to substitute other punishments in the room of capital ones, and otherwise to reform the penal institutions; and they have, I believe, been almost universally attended with success. The governments of China, Russia t, and Prussia, having been foremost in these experiments, while other, perhaps, more perfect states, have not pursued this laudible measure so far as might

*Laws which only take effect à posteriori, and propose the prevention of crimes by cutting off the delinquent, will never reform; whereas prudent provisions to correct the morals, and proper punishments to counteract the principles of criminality, will have sure and lasting effects. Without such provisions, we may be making perpetual alterations, but shall in vain expect any salutary effects; we shall resemble those patients, who are always taking physic, but will not alter their bad diet, and intemperate modes of living. Crim. Law. p. xix.

+ Grand instructions for forming a code for the Russian Empire, §. 210.

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have been expected. Even in England this excellent work has not hitherto been entered upon with proper spirit. Our penal laws have too frequently been the work of a few, influenced by various improper passions, and not directed by that coolness which legislators ought always to possess. They have too often been made upon the spur of the occasion, as Lord Bacon expressed it; and when so made, their revisal has been afterwards neglected *; or we should not in the eighteenth century have had reason to acknowledge with shame that stealing a swan ‡, breaking down a cherry tree §, letting out the water of a fish pond, being seen in the con:pany of gypsies I, with upwards of one hundred and fifty other actions which a man is daily liable to commit**; are declared by English acts of parliament, crimes worthy of instant death.

Is not this a fact at which Englishmen should blush? and ought not our legislators to undertake, without delay, the great but necessary work of reforming these sanguinary and ́impolitic statutes? Our country gloriously led the way in the abolition of torture; let us not be ashamed to follow the good

* If Lord Ashburtou really was engaged, as we were told, in the revisal, amendment, and digestion of our code of penal laws, his death is much to be lamented by every friend to humanity.

After this, will not any one acknowledge that Judge Foster, in the preface to his crown law, recommends its study with singular propriety, as a matter of universal concernment? "For," says he, "no rank or elevation in life, no uprightness of heart, no prudence or circumspection of conduct, should tempt a man to conclude, that he may not, at some time or other, be deeply interested in it."

+ Blackstone vol. iv. p. 4.

Dal. Just. c. clvi. § 31st. Geo. 2. c. xlii. || 9th Geo. 1. c. xxii, ** Ruff head's Index to Statutes.

5th. Eliz. c. xx.

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