Upon this depends, in so great a degree, the comfort, the happiness, and the true liberty and security of the People, that too much labour and attention cannot possibly be bestowed in rendering complete the domestic administration of Justice in all cases of criminal delinquency.

That much remains to be done in this respect no person will deny; all ranks must bear testimony to the dangers which both life and property are at present subjected to by the number of criminal people, who, from various causes (which it is the object of the Writer of these pages to explain), are suffered with impunity to repeat acts of licentiousness and mischief, and to commit depredations upon individuals and the Public.

In vain do we boast of those liberties which are our birthright, if the vilest and most depraved part of the Community are suffered to deprive us of the privilege of travelling upon the highways, or of approaching the Capital in any direction after dark, without risk of being assaulted and robbed; and perhaps wounded or murdered.

In vain may we boast of the security which our Laws afford us, if we cannot lie down to rest in our habitations, without the dread of a burglary being committed, our property invaded, and our lives exposed to imminent danger before the approach of ,morning.

Imperfect must be either the plan or the execution, or both, of our Criminal Code, if crimes are found

to

to increase; if the moral principle ceases to be a check upon a vast proportion of the lower ranks of. the People; and if small thefts are known to prevail in such a degree, as to affect almost all ranks of the Community who have any property to lose, as often as opportunities occur, whereby pilfering in a little. way can be effected without detection.

If, in addition to this, the peace of Society can, on every specious pretence, be disturbed by the licentious clamours or turbulent effusions arising from the ill-regulated passions of vulgar life, surely it becomes an interesting inquiry, worthy the attention of every intelligent member of the Community, from what source spring these numerous inconveniences; and where is a remedy to be found for so many accumulated evils?

In developing the causes which have produced that want of security, which it is believed prevails in no other civilised country in so great a degree as in England, it will be necessary to examine how far the System of Criminal Jurisprudence has been, hitherto, applicable to the prevention of crimes.

If we look back to the measures pursued by our ancestors two centuries ago, and before that period, we shall find that many wholesome laws were made with a view to prevention, and to secure the good behaviour of persons likely to commit offences. Since that era in our history, a different plan has been pursued. Few regulations have been established to restrain vice, or to render difficult the commission

commission of crimes; while the Statute Books have been filled with numerous Laws, in many instances doubtfully expressed, and whose leading feature has generally been severe punishment. These circumstances, aided by the false mercy of Juries in cases' of slight offences, have tended to let loose upon Society a body of criminal individuals, who under a better Police-an improved system of Legislation, and milder punishments,-might, after a correction in Penitentiary Houses, or employment in out-door labour, under proper restraints, have been restored to Society as useful members.

As the Laws are at present administered, it is a melancholy truth not to be contradicted, that the major part of the criminals who infest this Metropolis, although committed by magistrates for trial on very satisfactory proof, are returned upon the Public in vast numbers year after year; encouraged to renew their former practices, by the facility they experience in evading justice.

"But this is not all:-The adroit Thief and Receiver," availing themselves of their pecuniary resources, often escape, from their knowledge of the tricks and devices which are practised, through the medium of disreputable practitioners of the Law; while the novices in delinquency generally suffer the punishment attached to conviction. If, as is the case in some other countries, evidence were allowed to be received of the general character of persons, put upon their trial for offences, and the means by which they obtain their subsistence,

7

subsistence, so as to distinguish the old reputed Thief and Receiver from the novice in crimes, the minds of Jurymen would be often enlightened, to the furtherance of substantial justice; and a humane and proper distinction might be made between the young pupil of depravity, and the finished villain; as well in the measure of punishment, as in the distribution of mercy.

The severity of the punishment, which at present attaches to crimes regarded by mankind as of an inferior nature, and which affect property in a trivial manner, is also deserving the most serious attention. It is only necessary to be acquainted with the modern history of the criminal prosecutions, trials, acquittals, and pardons in this country, in order to be completely convinced that the progressive increase of delinquents, and the evils experienced by Society from the multitude of petty crimes, result in a great measure from this single circumstance.

It will scarcely be credited by those, whose habits of life do not permit them to enter into discussions of this sort, that by the Laws of England, there are above one hundred and sixty different offences which subject the parties who are found guilty, to death without benefit of Clergy. This multiplicity of capital punishments must, in the nature of things, defeat those ends, the attainment of which ought to be the object of all Law, namely, The Prevention of Crimes.

In consequence of this severity, (to use the words of an admired Writer,) "The injured, through "compassion,

compassion, will often forbear to prosecute: Juries, through compassion, will sometimes forget their "oaths, and either acquit the guilty or mitigate the

nature of the offence; and Judges, through com"passion, will respite one half the convicts, and "recommend them to Royal Mercy."

The Roman Empire never flourished so much as during the æra of the Portian Law, which abrogated the punishment of death for all offences whatsoever. When severe punishments and an incorrect Police were afterwards revived, the Empire fell.

It is not meant, however, to be insinuated that this would be, altogether, a proper system of Criminal Jurisprudence to be adopted in modern times.

In the present state of society it becomes indispensably necessary, that offences, which in their nature are highly injurious to the Public, and where no mode of prevention can be established, should be punished by the forfeiture of life; but these dreadful examples should be exhibited as seldom as possible: for while on the one hand, such punishments often defeat the ends of Justice, by their not being carried into execution; so on the other, by being often repeated, they lose their effect upon the minds of the People.† However

* Blackstone's Commentaries.

+ Can that be thought a correct System of Jurisprudence, which inflicts the penalty of Death, for breaking down the mound of a fish-pond, whereby the fish may escape; or cutting down a fruittree in a garden or orchard; or stealing a, handkerchief, or any trifle, privately from a person's pocket, above the value of 12d;