the laws by the gibbet or the wheel. 'Tis true, that to develop the sentiments of one's own heart is an art which education only can teach; but al though a villain may not be able to give a clear account of his principles, they nevertheless influence his conduct. He reasons thus: "What are these laws that I am bound to respect, which make so great a difference between me and the rich man ? He refuses me the farthing I ask of him, and excuses himself by bidding me have recourse to labour, with which he is unacquainted. Who made these laws? The rich and the great, who never deigned to visit the miserable hut of the poor, who have never seen him dividing a piece of mouldy bread, amidst the cries of his famished children and the tears of his wife. Let us break those ties, fatal to the greatest part of mankind, and only useful to a few indolent tyrants. Let us attack injustice at its source. I will return to my natural state of independence. I shall live free and happy on the fruits of my courage and industry. A day of pain and repentance may come, but it will be short; and for an hour of grief I shall enjoy years of pleasure and liberty. King of a small number, as determined as myself, I will correct the mistakes of fortune, and I shall see those tyrants grow pale and tremble at the sight of him, whom, with insulting pride, they would not suffer to rank with their dogs and horses."

Religion then presents itself to the mind of this lawless villain, and, promising him almost a certainty of eternal happiness upon the easy terms of repentance, contributes much to lessen the horror. of the last scene of the tragedy.

The punishment of death is pernicious to society, from the example of barbarity it affords. If the

passions,

passions, or the necessity of war, have taught men to shed the blood of their fellow-creatures, the laws, which are intended to moderate the ferocity of mankind, should not increase it by examples of barbarity, the more horrible as this punishment is usually attended with formal pageantry. What are the natural sentiments of every person concerning the punishment of death? We may read them in the contempt and indignation with which every one looks on the executioner, who is nevertheless an innocent executor of the public will, a good citizen, who contributes to the advantage of society, the instrument of the general security within, as good soldiers are without. What then is the origin of this contradiction? Why is this sentiment of mankind indelible to the scandal of reason? It is, that, in a secret corner of the mind, in which the original impressions of nature are still preserved, men discover a sentiment which tells them, that their lives are not lawfully in the power of any one, but of that necessity only which with its iron scepter rules the universe. Beccaria.

It hath long since been observed, that a man after he is hanged is good for nothing, and that punishments invented for the good of society ought to be useful to society. It is evident, that a score of stout robbers condemned for life to some public work, would serve the state in their punishment, and that hanging them is a benefit to no body but the executioner. Thieves, in England, are seldom punished with death, but are transported to the colonies. This is also practised in Russia, where not one criminal was executed during the whole reign of the autocratical Elizabeth. Catherine II. who succeeded her, with much more genius, followed her example; yet crimes are not multiplied by this humanity;

humanity; and it generally happens that the criminals sent to Siberia, in time become honest people. The same is observed in the English colonies. We are astonished at the change, and yet nothing can be more natural. The condemned are forced to continual labour for a livelihood. The oppor tunities of vice are wanting. They marry and multiply. Oblige men to work, and you certainly make them honest. It is well known, that atrocious crimes are not committed in the country, unless when there is too much holiday, and consequently too much idleness, and consequently too much debauchery.

The Romans never condemned a citizen to death unless for crimes which concerned the safety of the state. These our masters, our first legislators, were careful of the blood of their fellowcitizens; but we are extravagant with the blood

of ours.

The question hath been frequently debated, Whether a judge ought to have the power to punish with death, when the punishment is undetermined by the law? This question was solemnly agitated in the presence of the Emperor Henry VII. who decreed that no judge should have such a power.

There are some criminal cases which are either so new, so complicated, or so unaccountable, as to have escaped the provision of the laws, and which therefore, in some countries, are left to the discretion of the judge. But for one case in which the Jaws permit the death of a criminal whom they have not condemned, there are a thousand wherein humanity should save whom the laws have condemned to suffer.

The

The sword of justice is in our hands, but we ought rather to blunt than to sharpen its edge. It remains within its sheath in the presence of kings, to inform us that it ought seldom to be

drawn.

There have been some judges who were passionately fond of spilling human blood; such was Jefferies in England, and such in France was the man whom they called coupe téte. Nature never

intended such men for magistrates, but for executioners. Voltaire.

DEATH-WARRANTS.

Must we go to the end of the world, must we have recourse to the laws of China, to learn how frugal we ought to be of human blood? It is now more than four thousand years that the tribunals of that empire have existed, and it is also more than four thousand years that the meanest subject, at the extremity of the empire, hath not been executed without first transmitting his case to the emperor, who causes it to be thrice examined by one of his tribunals, after which he signs the death-warrant, alters the sentence, or entirely acquits..

But it is unnecessary to travel so far for examples of this nature: Europe will abundantly supply us. In England no criminal is put to death whose deathwarrant is not signed by the King. It is also practised in Germany, and in most parts of the north. Such likewise was formerly the custom in France, and such it ought to be in all polished nations. A sentence at a distance from the throne may be dictated by cabal, prejudice, or ignorance. Such little intrigues are unknown to monarchs, who are continually

The

continually surrounded by great objects. members of the supreme council are more enlight ened, less liable to prejudice, and better qualified than a provincial judge, to determine whether the state requires severe punishments. In short, when inferior courts have judged according to the letter of the law, which possibly may be rigorous, the council mitigates the sentence according to the true spirit of all laws, which teaches never to sacrifice a man but in evident necessity. Voltaire.

DECAPITATION. See BEHEADING and GUILLO

TINE.

DEPREDATORS.

The depredations which are frequently committed in the principal streets of the metropolis, afford strong proofs of the necessity of an improved system with regard to watchmen and patroles.

Allured to a particular part of the metropolis, from the extensive and valuable property in piece goods and other portable articles which are constantly removing to and from the different shops and warehouses-a multitude of thieves and pickpockets, exhibiting often in their dress and exterior, the appearance of gentlemen and men of business, assemble every evening in gangs, watching at the corners of every street, ready to hustle and rob, or to trip up the heels of the warehouse-porters and the servants of shopkeepers carrying goods; or a the doors of warehouses, at dusk and at the time. they are locked, to be ready to seize loose parcels when unperceived; by all which means, aided by a number of other tricks and fraudulent pretences,. they are but too successful in obtaining consider

able