alterations in the features which sometimes disclose the sentiments of the heart.

These truths were known to the Roman legisla tors, amongst whom, slaves only, who were not considered as citizens, were tortured. They are known to the English, a nation in which the progress of science, superiority in commerce, riches, and power, it's natural consequences, together with the numerous examples of virtue and courage, leave no doubt of the excellence of it's laws. They have been acknowledged in Sweden, where torture has been abolished. They are known to one of the wisest monarchs in Europe, who, having seated philosophy on the throne, by his beneficent legisla tion has made his subjects free, though dependent on the laws; the only freedom that reasonable men can desire in the present state of things. In short, torture has not been thought necessary in the laws of armies, composed chiefly of the dregs of mankind, where it's use should seem most necessary. Strange phenomenon! that a set of men, hardened by slaughter and familiar with blood, should teach humanity to the sons of peace.

A very strange but necessary consequence of the use of torture is, that the case of the innocent is worse than that of the guilty. With regard to the first, either he confesses the crime which he has not committed, and is condemned, or he is acquitted, and has suffered a punishment he did not deserve. On the contrary, the person who is really guilty has the most favourable side of the question; for if he supports the torture with firmness and resolu tion, he is acquitted, and has gained, having exchanged a greater punishment for a less.

The law by which torture is authorized says "Men, be insensible to pain. Nature has indeed

given you an irresistible self-love, and an unalienable right of self-preservation; but I create in you a contrary sentiment, an heroical hatred of yourselves. I command you to accuse yourselves, and to declare the truth, amidst the tearing of your flesh and the dislocation of your bones."

Torture is used to discover whether the criminal be guilty of other crimes besides those of which he is accused, which is equivalent to the following reasoning" Thou art guilty of one crime, therefore it is possible that thou mayest have committed a thousand others; but the affair being doubtful, I must try it by my criterion of truth. The laws order thee to be tormented because thou art guilty, because thou mayest be guilty, and because I choose thou shouldest be guilty.'

Torture is used to make the criminal discover his accomplices; but if it has been demonstrated that it is not a proper means of discovering truth, how can it serve to discover the accomplices, which is one of the truths requited? Will not the man who accuses himself yet more readily accuse others? Besides, is it just to torment one man for the crime of another? May not the accomplices be found out by the examination of the witnesses, or of the criminal? from the evidence, or from the nature of the crime itself? in short, by all the means that have been used to prove the guilt of the prisoner? The accomplices commonly fly when their comrade is taken. Beccaria.

All mankind being exposed to the attempts of violence or perfidy, detest the crimes of which they may possibly be the victims: all desire that the principal offender and his accomplices may be punished; nevertheless, there is a natural compassion in the human heart, which makes all men detest

the

the cruelty of torturing the accused, in order to extort confession. The law has not condemned them, and yet, though uncertain of their crime, you inflict a punishment more horrible than that which they are to suffer when their guilt is confirmed. "Possibly thou mayest be innocent; but I will torture thee that I may be satisfied: not that I intend to make thee any recompence for the thousand deaths which I have made thee suffer, in lieu of that which is preparing for thee." Who does not shudder at the idea? St. Augustin opposed such cruelty. The Romans tortured their slaves only; and Quintilian, recollecting that they were men, reproved the Romans for such want of humanity.

If there were but one nation in the world which had abolished the use of torture-if in that nation crimes were no more frequent than in others—and if that nation be more enlightened and more flourishing since the abolition it's example, surely, were sufficient for the rest of the world. England alone might instruct all other nations in this particular; but England is not the only nation. Torture hath been abolished in other countries, and with success the question, therefore, is decided. Shall not a people who pique themselves on their politeness pride themselves also on their humanity? Shall they obstinately persist in their inhumanity, merely because it is an ancient custom? Reserve, at least, such cruelty for the punishment of those hardened wretches who shall have assassinated the father of a family or the father of his country; but that a young person who commits a fault which leaves no traces behind it should suffer equally with a parricide, is not this a useless piece of barbarity? Voltaire.

TREASON, HIGH.

High Treason is the highest civil crime which can be committed by any member of the community. After various alterations and amendments made and repealed in subsequent reigns, the definition of this offence was settled as it originally stood, by the act of the 25th of Edward III, stat. 5, cap. 2, and may be divided into seven different heads : 1. Compassing or imagining the death of the king, queen, or heir apparent.

2. Levying war against the king in his realm. 3. Adhering to the king's enemies, and giving them aid, in the realm or elsewhere.*

4. Slaying

* It has been thought necessary by the legislature to explain and enlarge these clauses of the act 25 Ed. III, as not extending, with sufficient explicitness, to modern treasonable attempts. It is therefore provided by the act 36 Geo. III, cap. 7, "That if any person (during the life of his present majesty, and until the end of the session of parlia ment next after a demise of the crown) shall, within the realm or without, compass, imagine, invent, devise, or intend, death or destruction, or any bo dily harm tending to death or destruction, mairn or wounding, imprisonment or restraint, of the person of the king, his heirs and successors, or to deprive or depose him or them from his stile, honour, or kingly name; or to levy, war against the king within this realm, in order hy force to compel him to change his measures; or in order to put any force or constraint upon, or to intimidate or overawe, both houses, or either house, of parliament;

4. Slaying the king's chancellor or judge in the execution of their offices.

5. Violating the queen, the eldest daughter of the king, or the wife of the heir apparent, or eldest

son.

6. Counterfeiting the king's great seal or privy seal.

7. Counterfeiting the king's money, or bringing false money into the kingdom.

This detail shews how much the dignity and security of the king's person is confounded with that of his officers, and even with his effigies imprest on his coin. To assassinate the servant or to counterfeit the type is held as criminal as to destroy the sovereign.

This indiscriminate blending of crimes, so different and disproportionate in their nature, under one common head, is certainly liable to great objections, seeing that the judgment in this offence is so extremely severe and terrible: viz. "That the offender be drawn to the gallows on the ground or pavement; that he be hanged by the neck, and then cut down alive; that his entrails be taken out and burned while he is yet alive; that his head be cut off; that his body be divided into four parts; and that his head and quarters be at the king's dis. posal. Colquhoun.

ROBERT

or to incite any foreigner to invade the dominions of the crown; and such compassings, &c. shall express, utter, or declare, by publishing any printing or writing, or by any other overt act or deed " -the offender shall be deemed a traitor, and punished accordingly. Colquhoun.