PREFACE. HIS work, like that which I published fome years THE a repofitory for valuable newspaper effays, and pamphlets, which, from the perishable form wherein they appear, would otherwife probably fink into oblivion. The felection of political effays, was attended with fome difficulty. I faw I was in danger of being too much influenced by the natural and unavoidable bias in favour of those opinions and principles which I held myself. I ufed every effort to avoid this error. I fincerely fought to make an impartial choice, and bring forward the best written productions on both fides, leaving to the reader to decide between the adverfe opinions. It is not for me to fay whether or not I have fucceeded. On that point I await the public verdict. But this much I may venture to affert, that if I have failed, it has not been intentionally. It were idiocy, or worfe, to fuppofe or expect that a work on the plan I have pursued in the felection of the contents of this, fhould meet with the approbation of violent advocates of either of the parties, the clashing of whose political opinions has arrayed the citizens of the United States in hoftile bands against each other. Far from expecting the praise or approbation of men of this defcription, I deprecate it. Were they to commend, I fhould fufpect that I had failed of accomplishing the end I had propofed, which is well expreffed in the motto to be found in the title page. A conftant preffure of other avocations, which has prevented me from devoting as much attention to the work, as I wifhed to have done, has prevented it from appearing as early, or being as valuable, as otherwife would have been the cafe. For this I folicit the reader's indulgence —as well as for fome errors, which have been occafioned by printing it at too great a distance for me to examine the proof sheets. If this coup d'effai be favourably received, I fhall publish a continuation of it yearly. Philad. June 20, 1799. MATHEW CAREY. CON OMPLETE fets of the former American Museum, in twelve octavo volumes, from January, 1787, till December, 1792, may be had of the Publifher hereof, and of Charles Debret, London. Any numbers or volumes may be had to com plete fets. An Enquiry, how far the Punishment of Death is necessary in Pennsylvania; with Notes and Illuftrations. By the late William Bradford, Efq. If we enquire into the cause of all human corruptions, we shall find that they proceed from the impunity of crimes, and not from the moderation of Punishments. ADVERTISEMENT. THE following memoir was written at the request of, and prefented to the Governor of Pennsylvania, on the third day of last December. The nature of this communication, as well as the neceffity of completing it by that day, required brevity; and a more extended view of the fubject, was, on many accounts, inexpedient. Hence, fome information, which might have been proper in a work defigned for general circulation, was fuppreffed; and the experience of other countries was rather glanced at than explain ed. It having been thought advisable to publish this memoir in its prefent form, an opportunity was afforded the writer of making fuch additions as his other avocations would permit. Further time would have enabled him to furnish more accurate and particular information of the experience of the other fates: but those who have interested themselves in this publication, think it ought not to be any longer delayed. The additional information might have been advantageously blended with MONTESQ the original memoir: but as the Senate of the commonwealth, have honoured that work, by placing it on their journals, there was a propriety in keeping it diftinct. The new matter is therefore thrown into the form of notes and illuftrations.-A few paragraphs only, neceffary to introduce the notes, being added to the text. Although the world has feen a profusion of theory on the subject of the criminal law: it is to be regretted, that fo few writers have been folicitous" to throw the light of experience upon it." To Supply, in fome measure, this defect-to collect the fcattered rays which the juridical biftory of our own and other countries affords-and to examine how far the maxims of philofophy abide the test of experiment, have, therefore, been the leading objects of this work. The facts adduced, are ftated with as much brevity, as was confiftent with clearnefs; and, as accuracy was indifpenfible, none have been lightly affumed, and few without a coincidence of authorities. Philadelphia, Feb. 26, 1793. INTRODUCTION. HE general principles, upon which penal laws ought to be founded, appear to be fully fettled. Montefquieu and Beccaria led the way in the difcuffion: and the philofophy of all Europe, roused by the boldness of their march, has fince been deeply engaged on this interefting topic. Independent of the force of their reafoning, a remarkable coincidence of opinion, among the enlightened writers on this fub " ject, feems to announce the juftness ons which ftill exift, are rather queftions of fact than of principle. Among thefe principles, fome have obtained the force of axioms, and are no longer confidered as the fubjects either of doubt or demonstration. "That the prevention of crimes is the fole end of punishment," is one of thefe: and it is another, "That every punishment, which is not abfoA . lutely necesary for that purpose, is a cruel and tyrannical act." To these may be added a third (calculated to limit the firft) which is, "That every penalty should be proportioned to the offence. : دو Thefe principles, which ferve to protect the rights of humanity, and to prevent the abufes of government, are fo important, that they deferve a place among the fundamental laws of every free country. The enlight ened patriots, who compofed the first National Affembly in France, placed this check on the power of punishment, where it ought to be placed, among the rights of a man and a citizen." They had long witneffed the ferocity of the criminal law and they endeavoured to guard against it, by declaring, in precife and definite terms, "That the law ought to establish fuch punishments only, as are fridly and evidently neceffary*" Few of the American conftitutions are fufficiently exprefs, though they are not filent, on this fubject. That of New-Hampshire declares, “That all penalties fhould be proportioned to the nature of the offence; and that a multitude of fanguinary ponifhments is impolitic and unjust; the true defign of all punishments being to reform, and not to exterminate mankind." The conftitution of Vermont enjoins the introduction of hard labour as a punifhment, in order to leffen the neceffity for fuch as are capital: and that of Pennfylvania, framed in 1776, directed the future legislature reform the penal laws to make punifhments lefs fanguinary, and, in fome cafes, more proportioned to the offences." But it was in Maryland alone, that the general principle was afferted; and, in the enumeration of their rights, we find it declared, "That fanguinary punishments ought to be avoided as far as is confiftent with the fafety of the ftatet." The other conftitutions, "to + Sec. XIV. which touch on this fubject, content themselves with generally declaring, "That cruel punishments" ought not to be inflicted." Bus, does not this involve the fame principle, and implicitly prohibit every penalty which is not evidently ne ceffary? One would think, that, in a nation jealous of its liberty, these important truths would never be overlooked; and, that the infliction of death, the highest act of power that man exercifes over man, would feldom be prescribed, where its neceffity was doubtful. But on no subject has government, in different parts of the world, difcovered more indolence and inattention, than in the conftruction or reform of the penal code. Legiflators feel themfelves elevated above the commiffion of crimes which the laws profcribe and they have too little perfonal intereft in a fyftem of punishments, to be critically exact in reftraining its feverity. The degraded clafs of men, who are the victims of the laws, are thrown at a distance which obfcures their fufferings, and blunts the fenfibility of the legiflator. Hence fanguinary punishments, contrived in defpotic and barbarous ages, have been continued, when the progrefs of freedom, fcience, and morals, renders them unneceffary and mifchievous and laws, the offspring of a corrupted monarchy, are foftered in the bofom of a youthful republic. But it is pleafing to perceive, that of late, this indolence has not been able to refift the energies of truth. The voice of reafon and humanity has not been raised in vain. It has already "forced its way to the thrones of princes:" and the impreffion it has made on the governments of Europe is vifible in the progreffive amelioration of their criminal codes. A fpirit of reform has gone forth-the empire of prejudice and inhumanity is filently crumbling to pieces-and the progrefs of liberty, by unfettering the |