Proposition III. Experience has not shewn that Capital Punishments tend to the diminution of Crimes.

obserged that 200,000 men had been governed for seven years without a capital punishment, and without any increase of crimes. "The Duke of Tuscany, soon At the close of the Sessions, the after the publication of the Mar- foreman of the Grand Jury deliquis of Beccaria's excellent trea- vered an address to Sir James from tise, abolished death as a punish- that body, expressing their regret ment for murder. A gentleman at the dissolution of the connectiwho resided five years at Pisa, in- on between them and him, and formed me that only five murders requesting that the learned judge had been perpetrated in his domi- would sit for his portrait, which nions in twenty years. The same they were desirous of placing in gentleman added, that after his the hall where he had so long preresidence in Tuscany, he spent sided with such distinguished abithree months, in Rome, where lity. death is still the punishment of of murder; and where executions, pressed his acknowledgements, and according to Dr. Moore, are con- replied, that as soon as he reached ducted with peculiar circum. Great Britain, he would take meastances of public parade. During sures for complying with their de. this short period, there were sixty sire."*

Sir James in his answer, ex

Proposition IV.

murders committed in the precincts Morning Chronicle, Monday, of that city. It is remarkable Feb. 3. 1812. that the manners, principles and religion of the inhabitants of Tuscany and Rome are exactly the same. The abolition of death, alone, as a punishment for mur. der, produced this difference in the moral character of the two nations."

Rush's Inquiry into Public Pun. ishment. p. 30.

By the severity of the laws, and the discretionary power in judges, murders may sometimes be committed under the forms of law.

"When a member of parliament brings in a new hanging law, he begins with mentioning some injury that may be done to private property, for which a man is not "SIR JAMES MACKINTOSH yet liable to be hanged; and then delivered his last charge to the proposes the gallows as the speciGrand Jury at the Sessions for fic and infallible means of cure Bombay, held on the 13th of July; and prevention. But the bill, in in which he suggested the esta- * We have quoted the whole of the blishment of a better system of paragraph, not being able to separate the police, and more efficient regula- statement, referring to our Proposition, tions for the distribution of the property of insolvent merchants. The learned judge also comment ed upon the effects produced by desisting from inflicting Capital Punishments, during the period he had presided in that court, and

so as to make it intelligible. We have, speedy return to his native country of so besides, a pleasure in making known the distinguished a man as Sir James Mackintosh, who, we fondly trust, will devote eloquence to the cause of civil and religi his extraordinary talents and brilliant ous liberty, philanthropy and reform.

ED.

proved her mind to be in a distracted and desponding state: and the child was sucking at her breast when she set out for Tyburn. Let us reflect a little on this woman's fate.

"The poet says, 'An honest man's the noblest work of God.' He might have said with equal truth, that a beauteous woman's the nobiest work of God.

"But for what cause was God's creation robbed of this its noblest work? It was for no injury; but

naked children by unlawful means. Compare this with what the State

progress of time, makes crimes capital, that scarce deserve whipping. For instance, the shop lift ing act was to prevent bankers' and silversmiths', and other shops, where there are commonly goods of great value, from being robbed; but it goes so far as to make it death to lift any thing off a counter with intent to steal. Under this act, one Mary Jones was executed, whose case I shall just men. tion; it was at the time when presswarrants were issued, on the alarm about Falkland's Islands. The for a mere attempt to clothe two woman's husband was pressed, their goods seized for some debt of his, and she, with two small did, and what the Law did. The children, turned into the streets a begging. It is a circumstance not to be forgotten, that she was very young (under nineteen) and most remarkably handsome. She went to a linen draper's shop, took some coarse linen off the counter, and shipped it under her cloak; the shopman saw her, and she laid it down for this she was hanged. Her defence was (I have the trial in my pocket) that she had lived in credit, and wanted for nothing, till a press-gang came and stole her husband from her; but since then, she had no bed to lie on; nothing to give her childrer. to eat; and they were almost naked; and perhaps she might have done some thing wrong, for she hardly knew what she did.' The parish officers testified the truth of this story; but it seems, there had been a Sir W. Meredith's Speech in good deal of shop-lifting about the House of Commons. Quoted Ludgate: an example was thought in Montagu's Opinions. ii. 393necessary; and this woman was 400. hanged, for the comfort and satis

State bereaved the woman of her husband, and the children ofa father, who was all their support: the Law deprived the woman of her life, and the children of their remaining parent, exposing them to every danger, insult and merciless treatment, that destitute and helpless orphans suffer. Take all the circumstances together, I do not believe that a fouler murder was ever committed against law, than the murder of this woman by law. Some who hear me are perhaps blaming the judges, the jury, the hangman; but neither judge, jury, nor hangman, are to blame; they are ministerial agents; the true hangman is the member of parliament: he who frames the bloody law is answerable for the blood that is shed under it."

Proposition V.

faction of some shopkeepers in The punishment of death for ofLudgate Street. When brought fences less than murder, often into receive sentence, she behaved cites offenders to commit murder; in such a frantic manner, as hoping thereby to escape, and

He

knowing that if they be detected the course of the week. they cannot suffer more than death. stated that the preceding day, at a "I was once present" (says Mr. bookseller's, a person came in and Gilbert Wakefield,) at the exe inquired for "Plato on the Imcution of a man of undaunted mortality of the Soul." and adding firmness, and (saving this action "it was for a person in Newgate of robbing a traveller of a few who was shortly to suffer death.” shillings, without insult or ill. This led to some further conversa. usage, under the seduction of an tion, and excited a wish on the hardened accomplice,) of an un. part of my friend to have some exceptionable character. He died, conversation with the convict alwithout bravado, and without ob. luded to. In the midst of our duracy, under a due sense of his conference, Mr. Kirby, the then go. awful situation, with the magnani- vernor of Newgate (whose memory mity of an hero; despising that will be ever respected for his wismerciless and unequal sentence dom, kindness and humanity, in which had brought him to this sad the execution of his important condition. Had I known', says office,) came in, and I informed he, 'that I should have suffered him of what had passed, on which thus for that offence, I would not he at once said he should be glad have so easily been taken.' He if we would converse with the was a man of Herculean strength, and capable of destroying half a dozen constables before he could have been secured."

Amongst other bad effects result. ing from our penal code, the impressions thereby made on the mind of the sufferer have not been duly considered. Of this I had a remarkable instance when I was in New. gate in the year 1799, in conse. quence of a sentence of the House of Lords, for a pretended libel on the Bishop of Llandaff, in defence of which I had nothing to allege but its TRUTH!

An acquaintance, a respectable dissenting minister, one day called on me to make some inquiry concerning a man under sentence of death for forgery, and who was to suffer the sentence of the law in

poor man, as he could not prevail with him to hold any intercourse with the ordinary of New. gate, or to join in any religious service; offering, at the same time, to introduce us to him immediately, as the following day was appointed for his execution. We accordingly went into the yard, where we found the prisoner walking. Mr. Kirby, who in the kindest manner took him, as well as the other prisoners by the hand, inquir. ing if they wanted any thing their situation would admit, left us to. gether. We entered into such conversation with the convict as we thought most suitable on the sad occasion.

After some time he addressed us nearly as follows:I did not wish for the conversa. tion of any Christians to disturb me in my last hours; but I thank you for your kindness, and will be very frank with you. I have not, I confess, thought much about Christianity, but I have seen enough of it in the lives of its pro

"Nolo Episcopari.” SIR,

fessors, and especially in the lives haviour, when I was informed, of the clergy. I dislike priests of that he expressed his satisfaction all professions: and what must with the conversation he had with Christians in general be, who can us the preceding day; that he on so throw off the bowels of hu- the morning of execution for the manity, as to rob a man of his first time desired to join the aplife for one solitary offence, which pointed religious service, and he sincerely wishes to atone for.- that he went through the whole To-morrow, I am to be hanged for of the awful scenery to the last, forging a draught for fifty pounds; with tranquillity, resignation and strong temptation and necessity fortitude. B. F. urged me to the deed: my life, in all other respects, will bear examination; had I lived, I hope and believe I should by restitution have atoned for this offence, but I am cut off from all hope, and am to suffer as if I was a criminal of the most profligate and hard ened description-Is this your Christianity?" My friend and my self, allowing the justice of several of his remarks, endeavoured to rectify his general ideas of the Christian system, and suggested those reflections which we thought suitable to his own case, impress ing upon him the solemn reflec. tion, that he had now nothing to do with the inconsistencies or even the crimes of Christians, but to consider his own state towards God, and the absolute necessity of his employing the few hours he had to live, in the exercise of sincere repentance towards God, and in cordially embracing that mercy freely offered, through Je sus Christ, to every one who did not obstinately reject it. I saw the man executed the following morning; but could not gain admittance to converse with him, as on such a morning, when seven persons, were executed, no one was admitted to speak to the convicts, but the proper officers and the ordinary of Newgate. I made some inquiry respecting his be

Your correspondent, A. B. (p. 26,) is correct in his quotation from the second edition of the Protestant Dissenter's Catechism, concerning the use of the words nolo episcopari, by the Bishop elect. But if he will turn to the subsequent editions of that work, (of which the fourteenth is just now published) he will find an alteration in the note referred to, which was made by the author, (who by the way, never prefixed his name to it) in consequence of having learned, that the custom of thus refusing the episcopal office is abolished, if it had ever been in use, which it should seem to have been from the currency of the above Latin phrase; as also from the well-known fact, recorded in ec. clesiastical history, that in the early ages of the church they who were elected to the episcopate were used to flee and hide themselves under an awful sense of its responsibility, and that some of them were invested with it by main force. The note, as it has long stood in the catechism, is as follows: "the ancient custom for the bishop elect to say nolu episcopari, it seems is now disused. Various ceremonies, however, are still retained [in making a bishop] which

it might seem invidious here to found in an "Inquiry into the particularize. The reader who moral tendency of Methodism, wishes for further information &c." by William Burns (Part. i. respecting them, is referred to 139, 140). As they appear an Nelson's Rights of the Clergy, exception to the discriminating p. 108, &c. or to Burn's Eccles. spirit by which the pamphlet is Law." characterised, I request your in dulgence for a few observations on` this part of the writer's argument.

Nelson, whom none will suspect of an intention to disparage the clergy, gives such an account of Some individuals, and of late the ceremonies used on the occa- some societies, have attacked the sion, as, if coming from a Dis- popular opinions concerning the senter, might have been suspected trinity and the atonement with to have been the effect of what sufficient boldness and zeal, but Mr. Christian, as quoted by A, B., then it is only to set up other tenets pronounces a vulgar error." respecting those subjects in their I will only observe, that he speaks stead. Yet, if it be true, as I of the person elected, as accepting think it is, that the fundamental the office after a little modest re. principles of Christian piety and fusal which is something like nolo episcopari. But it is most probable that since Nelson's time, even this little modest refusal is grown out of use.

ous

66

I am, Yours, &c.

S. P.

virtue are quite independent of any system of opinions on these points, and may be maintained in consistency with either of them ; if true devotion consists in a just esteem for the moral character of God and of Jesus Christ, and in P.S. Observing in your 21st gratitude for those benefits which page, a reference to that scandal- we enjoy under that peculiar fraud," of interpolating the scheme of providence and media20th article of the Church, to the torial government which Christi truth or falsehood of which (as Dr. anity displays; if certain moral Furneaux* observes) the whole qualifications are necessary on our controversy with the Dissenters part, whatever may be the influ may be reduced, I have thought ence of our Saviour's death, and it might not be amiss to inform such of your readers as may not be acquainted with this curious fact, that some account is given of it in the late editions of the above Catechism, page 65, 66.

if these qualifications can be de

fined; then the other differences are merely secondary matters."

"Let the enlightened Christian oppose his zeal for these fundamental principles against the zeal which the Calvinist and the So cinian manifest for their peculiar tenets."

Mr. Burns remarks that some individuals and of late some so. cieties, have attacked the popular opinions concerning the trinity

and the atonement with sufficient boldness and zeal." Not, I per