is greater than in any part of Europe. They cite the example of Ruffia*, where the introduction of a milder fyftem has promoted civilization, and been productive of the happieft effectst: and they applaud the bolder policy of Leopold, which

In China, where the population is computed at fixty millions, a ftrict adminiftration of juftice is faid to fuperfede the neceflity of many capital punishments. We are told that no crimes are punished with death, except treafon and murder; and that in this extenfive country, not more than ten perfons are executed in a year. Sullivan's Philof. Raps. 156. There is reafon to believe, that the. laws of China are at once mild and efficient: But the accounts we have of that people are imperfect and contradictory. See on this fubject, Montef. B. 19. ch. 17. B. 6. ch. 9. Duhalde's Hift. vol. 1. Encyclop. art. China.

* Beccaria, Voltaire, 4. Black. Com. p. 10.

+ Blackstone in his Commentaries, Montefquieu, and others, cite with approbation the conduct of the emprefs Elizabeth, who, upon her acceffion to the throne of Ruffia, in 1741, made a vow, that no one fhould be put to death during her reign. But as there were no fixed and afcertained punishments fubftituted in the room of death, and as that defect was often fupplied in that arbitrary government by the infliction of capricious and cruel tortures, it feems rather to have been a weak affectation of clemency, than a beneficial reform: and it was not fuccessful in the prevention of crimes. See the note under the head" Murder." The prefent emprefs proceeded with more wifdom. In 1768 fhe convoked an affembly of deputies from all parts of the empire, and laying before them her << inftructions," which contain an epitome of the principles advanced by the best writers on this fubject, has by their affiftance given to the

:

nation a complete code of civil and criminal laws, the first part published in 1775, the latter in 1780. By thefe the penalty of death is abolifhed in all cafes but that of treafon and definite and certain punifhments are prefcribed for every offence. Some of these are of fuch a nature, that humanity has gained little by the change: but, in general, the beneficial effects of the new fyftem are very evident. That em pire has of late been an object of attention to intelligent travellers; and we have as much authentic information of the internal state of Ruffia as of other European countries. Upon an attentive examina-` tion of their accounts, I do not difcover, that the fuppreffion of capital punishments has in any degree tended to encourage crimes: on the contrary, that country is conftantly increafing in civilization and happinefs, and the people are as fecure in their perfons and property, as they were under the bloody code which formerly prevailed. There have been no complaints of the inefficacy of the new regulations, as there were of thofe under the adminiftration of Elizabeth, and before the establishment of the present fyftem.

The feverity with which the punifhment of the knoot is fometimes inflicted on atrocious criminals, may be thought neceffary on account of the remaining barbarifm of a part of the people-or may arife from a defective execution of the laws on fmaller offences, and particularly from what Mr. Howard tells us, p. 86, "that in Ruffia there is little or no attention paid to the reformation of prifoners." Yet when we confider that under all thefe defects

be added the example of Sweden

the population is computed at twenty-two millions of people, and a confiderable part of thofe ftill rude-the government is able to reprefs crimes (except in a fingle cafe) without the terror of death, we must admit, that it is feldom neceffary, and ought rarely to be inflicted. See 4 Blacks. 18. Coxe's Trav. 521. 2 ditto. 77-93. 217. Williams's View, &c. 2 vol. 255.

As the example of Tuscany appears to be the most instructive one I meet with, and is generally cited as conclufive in fupport of thefe principles-I have endeavoured to ascertain the fact with as much accuracy as poffible.

General Lee, who viewed the different governments of Europe, with the eye of a philofopher, and whofe refidence at Vienna furnished him with the best means of information, gives us this account : "When the prefent grand duke afcended to the ducal throne, he found in Tufcany the most abandoned people of all Italy, filled with robbers and affaffins. Every where, for a feries of years previous to the government of this excellent prince, were feen gallows, wheels, and tortures of every kind; and the robberies and murders were not at all lefs frequent. He had read and admired the marquis of Beccaria, and determined to try the effects of his plan. He put a stop to all capital punishments, even for the greateft crimes; and the confequences have convinced the world of its wholefomeness. The galleys and lavery for a certain term of years, or for life, in proportion to the crime, have accomplished, what an army of hangmen with their hooks, wheels, and gibbets, could not. In fhort, Tufcany, from being a theatre of the greateft crimes and villainies of every fpecies, is become the fafeft and beft ordered ftate of Europe." Lee's Me

moirs, p. 53.

66

66

Dr. Moore, whofe writings have fo happily united profound obfervation with amufing bagatelle, imputes the frequency of murder in Italy, to the laxity of the police, the number of fanctuaries, and the eafe with which pardons are obtained—that is, to the hopes of impunity. As foon," fays he, as afylums for fuch criminals are abolished, and juftice is allowed to take its natural course, that foul ftain will be entirely effaced from the national character of the modern Italians. This is already verified in the grand duke of Tufcany's dominions. The edict which declared, that churches and convents fhould no longer be places of refuge for murderers-(and the fame edict abolished the penaly of death)-has totally put a stop to the ftiletto; and the Florentine populace now fight with the fame blunt weapons that are ufed by the common people of other nations." Vol. 4. Lett. 43.

To thefe might be added the teftimony of de Archenholtz, and other writers: but the moft direct and sa

tisfactory evidence, thatthe abolition of capital punishments has not impaired the public fafety, is derived from the edict of 1786.

This was the completion and formal establishment of a fyftem, which before that period had been confidered as an experiment. In the introduction, the grand duke ftates, that on his acceffion he began the reform, by moderating the rigor of the old law, and abolishing the pains of death: and that he had waited until

by ferious examination and trial of the new regulations," he fhould be able to judge of their tendency. He then proceeds: "With the utmost fatisfaction to our paternal feelings, we have at length perceived, that the mitigation of punishments, joined to the moft fcrupulous attention to prevent crimes, and also a great dispatch in the trials, together with a certain

the different criminal codes in Europe, the more proofs we shall find to confirm this great truth, That

the fource of all human corruption lies in the impunity of the criminal, not in the moderation of Punishment*.

ty and fuddenness of punishment to real delinquents, has, inftead of increafing the number of crimes, confiderably diminished that of the finaller ones, and rendered thofe of an atrocious nature very rare: we have, therefore, come to a determination, not to defer any longer the reform of the faid criminal laws."

These well-established facts go far to prove, that a frict administration of juftice, is fufficient to reprefs crimes without a feverity of punishment: and if we contraft the fituation of Tufcany with that of the rest of the Italian ftates, or other countries, where fanctuaries abound, it will eftablifh the converfe of the propofition, and prove that it is the impunity of the criminal alone which governments ought to dread.

How frequent affaffinations have been in Italy is well known: and mr. Townsend informs us, that in confequence of this impunity, they abound in many parts of Spain. " In "In the last fixteen months, fays he, they reckon feventy murders (in Malaga) for which, not one criminal has been brought to justice; and in one year, as I am credibly informed, one hundred and five perfons fell in the fame manner." 3 vol. p. 18.

* The foundness of this principle may be demonftrated by the example of other European countries, as well as of Ruffia and Tufcany; and will be further illuftrated if we contraft their fituation with that of Eng

land.

It appears, that the feverity of the ancient criminal laws in Sweden, has been of late fo greatly mitigated, that all writers agree, they are now remarkable for the moderation of their punishments. We learn from mr. Coxe, that many offences, which in other countries are confidered as capital, are there chaftifed by whipping, condemnation to bread and

water, imprisonment, and hard la bour. More than one hundred and twenty ftrokes of the rod are never inflicted; nor is a criminal fentenced to bread and water longer than twenty-eight days. 2 vol. 392.

But mr. Catteau, who published his "View of Sweden" fo late as 1789, refided long in that country, and had the beft fources of information. "The criminal laws (fays this elegant writer) which are followed by the Swedish tribunals, difplay a ftriking character of humanity and juftice; and for this they are indebted principally to the reformation they have undergone in the prefent reign. Thefe laws eftablish an exact proportion between the crime and the pu nifhment: that of death is not yet entirely abolished; but in feveral caf es, banishment, whipping, paying at fine, and labouring at the public works, are fubftituted in its ftead. Criminals condemned to die, are generally beheaded: feverer punishments are appointed for thofe crimes, which fhock humanity by their atrocity; but of thefe there are few inftances in Sweden." P. 158.

So far is this mildnefs of the laws from injuring the public welfare, that the character of the whole nation feems to be meliorated by fup- . preffing the frequency of capital punishments. "6 Though Sweden is covered with rocks, woods, and mountains, its inhabitants are mild and peaceable. Theft, murder, robbery, and atrocious crimes in general, are very uncommon amongst them; and even in war they do not appear to be fanguinary." Ib. p. 325.

In Denmark, as has been already mentioned, robbery is never punished with death, except when committed by a convict who has escaped from the public labour, to which he was condemned. But the administration of juftice is ftrict; and the confe

quence is, that robberies, burglaries, and other grofs crimes, are very rare, even in the capital. Night robberies," fays mr. Howard," are never heard of in Copenhagen." Pris. F. 76.--mr. Williams, in his View of the Northern Governments, mentions the fame fact, and attributes it to the good police, and the difficulty of efcaping out of the island.” I vol. p. 353. What is this but acknowledging, that it is the certainty and not the feverity of the punifhment which prevents offences!

In Vienna, the late emperor Jofeph began the reform, not by abolifhing the penalty of death, but by an univerfal requifition to the judges, to be mild in their fentences, and never to inflict capital punishments without neceffity. This mode of fubmitting the guilty to the defcretion of the judges (which now prevails in Maryland, in moft cafes of felony, without clergy, and formerly did in New Jersey, in that of horse-stealing) feems liable to many objections. Moderate penalties, however, were by this mean generally introduced at Vienna; and it is a fact well authenticated, that, aided by a ftrict police, they have been found fufficient. Atrocious crimes are feldom committed. Reifb. Trav. 2. vol. P. 106.

The punishment of hard labour, which is the correction inflicted (and inflicted with great mildness) upon all crimes in Holland, except thofe of a very high degree, is attended with the most beneficial effects. Thefe re

fult principally from the excellent management which prevails in the Rafp and Spin Houfes. Mr. Howard paid particular attention to these wise and benevolent inftitutions, and he informs us, that many have been reformed, and have come out of the Rafp Houses fober and honeft: and that fome have even chofen to continue to work in them, after their difcharge. The great object attend

ed to in thefe bettering-houfes (as they are very properly called) is to reclaim and reform the criminal; and the confequence is, that by checking the young offender in his firft attempts, grofs crimes are prevented. Accordingly we find, that executions are very rare, the annual average in all the United Provinces, being from four to fix.

In Amfterdam, which contains above 250,000 people, there were but fix perfons executed in the twelve years preceding 1787. I find that there were in the fame time no less than five hundred and feventy-two perfons hanged or burnt, in London and Middlefex: and of thefe at least three fourths were under twenty years of age. Even the fmaller offences do not greatly abound in Holland: and the fuccefs of thefe mild inftitutions confirms the great principle which is the motto of this work. See the Tables in How. Laz. p. 256, 7, 8. How. on Pris. p. 66. 45. do. Laz. 74. 18 Parl. Reg. 522.

Let us now examine the fituation of England, where an oppofite principle is adopted, and where the terror of death is on all occafions reforted. to as the fureft means of preventing crimes.

Blackstone in his Commentaries ftated the number of capital crimes (that is, of felonies oufted of clergy) at 160. Since that time they feem to have increased: for, in 1786, Capel Loft enumerates and ftates them as follows:

Felonies without clergy
Felonies within clergy

Jebb on Pris. 96.

176 65.

Amidft this multitude of fanguinary laws, atrocious crimes are very frequent; and the feverity of the punifhment, by being familiar, is no longer an object of terror, and by exciting hopes of impunity, has become the parent of crimes. "I cannot tell," fays dr. Goldfmith, "whether it is

and, in the fame ftate, offences which were formerly capital, are not fo at prefent. Such are thofe of horfetealing, forgery, counterfeiting bills of credit or the coin, robbery, burglary, and fome others: but, I cannot learn that these crimes have been better repreffed by the punishment of death, than by a milder penalty. Horfe-ftealing has always been treat

from the number of our penal laws, or the licentioufnefs of our people, that this country fhould fhow more convicts in a year than half of the dominions of Europe united." Wenderborn, an intelligent German, who lately vifited England, affures us, that the punishment of death is more frequently inflicted in England, than in all Europe together, in the fame fpace of time. Hence it is, that executions lofe all the terrors which attend them in other countries. 1. vol. p. 75. The author of Thoughts on Executive Juftice, thus defcribes the fituation of England in 1785: "No civilized nation, that I know of, has to lament, as we have, the daily commiffion of the moft dangerous and atrocious crimes; infomuch that we cannot travel the roads, or fleep in our houses, or turn our cattle into the fields, without the most imminent danger of thieves and robbers. These are increased in fuch numbers, as well as audaciousness, that the day is now little lefs dangerous than the night." P. 4. One of the English prints, 9 November, 1784, fays, "If robbers continue to increase as they have done for fome time paft, the number of those who rob, will exceed that of the robbed."

These representations are confirmed by the declarations of the folicitor general and mr. Townfend, in the houfe of commons in the fame year. They affirm, that in the courfe of the winter, every day furnished fome fresh account of daring robberies, or burglaries being committed; that few perfons could walk the ftreets at night, without fear, or lie down in fafety in

their beds; for that gangs of fix, eight, ten, or twelve perfons together, made it a practice to knock at doors, and immediately to rush in and rob the house." 18 Parl. Reg. p. 83. 521. Compare this with the fituation of Copenhagen, where night robberies are never heard of.

The number of perfons executed in England, may be feen in the tables already referred to. In the Lent Circuit only, no less than two hundred and eighty-fix perfons were capitally convicted in 1786, and the annual amount of those transported is from nine hundred and fixty to a thousand.

It is needlefs to make obfervations on thefe ftriking facts, which prove conclufively, that the feverity of the laws, inftead of preventing, is frequently the caufe of crimes. The humanity of mankind revolts at a strict execution of them; and the hopes of impunity become a fource of temptatation. To this, mr. Howard, among others, traces the mifchief: "and yet," he adds, " many are brought by it to an untimely end, who might have been made useful to the flate." Laz. 221. No one will deny the juftice of this laft obfervation, when they learn from the mouth of the folicitor general of England, " "That of thofe who are executed, eighteen out of twenty do not exceed twenty years of age." 18 Parl. Reg. 22.

It is difficult to conceive how a free, humane, and generous people fhould have fo long endured this weak and barbarous policy; or why America fhould be fond of retaining any part of a fyftem, as ineffectual as it is fevere!