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made to murder all alike, and it does murder all alike.

Blackstone says, that the law of Eng. land, like that of every other well-regulated community, is tender of the public peace, and careful of the lives of the subjects; "that it will not suffer with impunity any crime to be prevented by death, unless the same, if committed, would also be punished by death." (Commentaries, vol. iv. p. 182.) "The law sets so high a value upon the life of a man, that it always intends some misbehaviour in the person who takes it away, unless by the command, or express permission of the law."—"And as to the necessity which excuses a man who kills another se defendendo, Lord Bacon calls even that necessitas culpabilis." (Commentaries, vol. iv. p. 187.) So far this Luminary of the law. -But the very amusements of the rich are, in the estimation of Mr. Justice Best, of so great importance, that the poor are to be exposed to sudden death who interfere with them. There are other persons of the same opinion with this magistrate respecting the pleasures of the rich. In the last Session of Parliament a bill was passed, entitled "An Act for the summary Punishment, in certain cases, of Persons wilfully or maliciously damaging, or committing Trespasses on public or private Property." Anno primo-(a bad specimen of what is to happen) — Georgii IV. Regis, cap. 56. In this act it is provided, that "if any person shall wilfully, or maliciously, commit any damage, injury, or spoil, upon any building, fence, hedge, gate, stile, guide-post, milestone, tree, wood, underwood, orchard, garden, nursery-ground, crops, vegetables, plants, land, or other matter or thing growing or being therein, or to or upon real or personal property of any nature or kind soever, he may be immediately seized by anybody, without a warrant, taken before a magistrate, and fined, (according to the mischief he has done) to the extent of 51.; or, in default of payment, may be committed to the jail for three months." And at the end comes a clause, exempting from the operation of this act all mischief done in hunting, and by shooters

who are qualified. This is surely the most impudent piece of legislation that ever crept into the statute-book; and, coupled with Mr. Justice Best's decla ration, constitutes the following affectionate relation between the different orders of society. Says the higher link to the lower, "If you meddle with my game, I will immediately murder you; -if you commit the slightest injury upon my real or personal property, I will take you before a magistrate, and fine you five pounds. I am in Parliament, and you are not; and I have just brought in an act of Parliament for that purpose. But so important is it to you that my pleasures should not be interrupted, that I have exempted myself and friends from the operation of this act; and we claim the right (without allowing you any such summary remedy) of riding over your fences, hedges, gates, stiles, guideposts, milestones, woods, underwoods, orchards, gardens, nursery-grounds, crops, vegetables, plants, lands, or other matters or things growing or being thereupon-including your children and yourselves, if you do not get out of the way." Is there, upon earth, such a mockery of justice as an act of Parliament, pretending to protect property, sending a poor hedge-breaker to jail, and specially exempting from its operation the accusing and the judging squire, who, at the tail of the hounds, have that morning, perhaps, ruined as much wheat and seeds as would purchase fuel a whole year for a whole village?

It cannot be urged, in extenuation of such a murder as we have described, that the artificer of death had no particular malice against the deceased; that his object was general, and his indignation levelled against offenders in the aggregate. Everybody knows that there is a malice by implication of law.

"In general, any formal design of doing mischief may be called malice; and, therefore, not such killing only as proceeds from premeditated hatred and revenge against the person killed, but also, in many other cases, such as is accompanied with those circumstances

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that show the heart to be perversely | boundaries of common sense. wicked, is adjudged to be of malice is a little book called Beccaria on prepense."-(2 Haw. c. 31.)

Crimes and Punishments, which we For, where the law makes use of strongly recommend to the attention of the term, malice aforethought, as de- Mr. Justice Best. He who has not scriptive of the crime of murder, it is read it, is neither fit to make laws, nor not to be understood in that narrow to administer them when made. restrained sense in which the modern As to the idea of abolishing poachuse of the word malice is apt to lead ing altogether, we will believe that one, a principle of malevolence to par-poaching is abolished when it is found ticulars; for the law, by the term ma-impossible to buy game; or when they lice, malitia, in this instance meaneth, have risen so greatly in price, that that the fact hath been attended with none but people of fortune can buy such circumstances as are the ordinary them. But we are convinced this symptoms of a wicked heart regardless of social duty, and fatally bent upon mischief."-(Fost. 256, 257.)

never can and never will happen. All the traps and guns in the world will never prevent the wealth of the merFerocity is the natural weapon of the chant and manufacturer from comcommon people. If gentlemen of edu-manding the game of the landed cation and property contend with them gentleman. You may, in the pursuit at this sort of warfare, they will pro- of this visionary purpose, render the bably be defeated in the end. If spring common people savage, ferocious, and guns are generally set-if the common vindictive; you may disgrace your people are murdered by them, and the laws by enormous punishments, and Legislature does not interfere, the posts the national character by these new of gamekeeper and lord of the manor secret assassinations; but you will will soon be posts of honour and danger. never separate the wealthy glutton The greatest curse under heaven (wit- from his pheasant. The best way is, ness Ireland) is a peasantry demoralised to take what you want, and to sell by the barbarity and injustice of their the rest fairly and openly. This is the rulers. real spring gun and steel trap which will annihilate, not the unlawful trader, but the unlawful trade.

It is expected by some persons, that the severe operation of these engines will put an end to the trade of a There is a sort of horror in thinking poacher. This has always been pre-of a whole land filled with lurking endicated of every fresh operation of se- gines of death — machinations against verity, that it was to put an end to human life under every green tree poaching. But if this argument is good traps and guns in every dusky dell for one thing, it is good for another. and bosky bourn - the feræ naturâ, Let the first pickpocket who is taken the lords of manors, eyeing their peabe hung alive by the ribs, and let him santry as so many butts and marks, be a fortnight in wasting to death. and panting to hear the click of the Let us seize a little grammar boy, who trap and to see the flash of the gun. is robbing orchards, tie his arms and How any human being, educated in legs, throw over him a delicate puff-liberal knowledge and Christian feelpaste, and bake him in a bun-pan in an ing, can doom to certain destruction oven. If poaching can be extirpated a poor wretch, tempted by the sight by intensity of punishment, why not all other crimes? If racks and gibbets and tenter-hooks are the best method of bringing back the golden age, why do we refrain from so easy a receipt for abolishing every species of wickedness? The best way of answering a bad argument is not to stop it, but to let it go on in its course till it leaps over the

of animals that naturally appear to him to belong to one person as well as another, we are at a loss to conceive. We cannot imagine how he could live in the same village, and see the widow and orphans of the man whose blood he had shed for such a trifle. We consider a person who could do this to be deficient in the very elements

of morals. -to want that sacred regard | destitute of every species of employto human life which is one of the ment, and locked up with accomplished corner stones of civil society. If he villains as idle as himself, listens to sacrifice the life of man for his mere their pleasant narrative of successful pleasures, he would do so, if he dared, crimes, and pants for the hour of for the lowest and least of his passions. freedom, that he may begin the same He may be defended, perhaps, by the bold and interesting career. abominable injustice of the Game Laws - though we think and hope he is not. But there rests upon his head, and there is marked in his account, the deep and indelible sin of blood-effects so completely answered the guiltiness.

PRISONS. (E. REVIEW, 1821.) 1. Thoughts on the Criminal Prisons of this Country, occasioned by the Bill now in the House of Commons, for Consolidating and Amending the Laws relating to Prisons; with some Remarks on the Practice of looking to the Task-Master of the Prison rather than to the Chap lain for the Reformation of Offenders;

and of purchasing the Work of those whom the Law has condemned to hard Labour as a Punishment, by allowing them to spend a Portion of their Earnings during their Imprisonment. By George Holford, Esq. M.P. Rivington. 1821. 2. Gurney on Prisons. Constable & Co.

1819.

This is a perfectly true picture of the prison establishments of many counties in England, and was so, till very lately, of almost all; and the

|design, that, in the year 1818, there were committed to the jails of the United Kingdom more than one hun. dred and seven thousand persons!* a number supposed to be greater than that of all the commitments in the other kingdoms of Europe put together.

The bodily treatment of prisoners has been greatly improved since the time of Howard. There is still, however, much to do; and the attention of good and humane people has been lately called to their state of moral discipline.

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It is inconceivable to what a spirit of party this has given birth; — all the fat and sleek people-the enjoyers— the mumpsimus, and "well as we are' people, are perfectly outrageous at being compelled to do their duty; and to sacrifice time and money to the lower orders of mankind. Their first resource was, to deny all the facts which were brought forward for the purposes of amendment; and the alderman's sarcasm of the Turkey car pet in jails was bandied from one hard-hearted and fat-witted gentleman to another: but the advocates of pri

3. Report of Society for bettering the Condition of Prisons. Bensley. 1820. THERE are, in every county in England, large public schools, maintained at the expense of the county, for the encouragement of profligacy and vice, and for providing a proper succession of housebreakers, profligates, and thieves. They are schools, too, conducted without the smallest degree of son-improvement are men in carnest partiality or favour; there being no man (however mean his birth, or obscure his situation), who may not easily procure admission to them. The moment any young person evinces the slightest propensity for these pursuits, he is provided with food, clothing, and lodging, and put to his studies under the most accomplished thieves and cut-throats the county can supply, There is not, to be sure, a formal arrangement of lectures, after the manner of our Universities; but the petty larcenous stripling, being left

-not playing at religion, but of deep feeling, and of indefatigable industry in charitable pursuits. Mr. Buxton went in company with men of the most irreproachable veracity; and found, in the heart of the metropolis, and in a prison of which the very Turkey carpet alderman was an official visitor, scenes of horror, filth, and cruelty, which would have disgraced even the interior of a slave-ship.

This dislike of innovation proceeds sometimes from the disgust excited by * Report of Prison Society, xiv.

false humanity, canting hypocrisy, and compassion. As for us, we have neither love of change, nor fear of it; but a love of what is just and wise, as far as we are able to find it out. In this spirit we shall offer a few observations upon prisons, and upon the publications before us.

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silly enthusiasm. It proceeds also from a stupid and indiscriminate horror of change, whether of evil for good, or good for evil. There is also much party spirit in these matters. A good deal of these humane projects and institations originate from Dissenters. The The new law should keep up the plunderers of the public, the jobbers, distinction between Jails and Houses and those who sell themselves to some of Correction. One of each should exist great man, who sells himself to a in every county, either at a distance greater, all scent, from afar, the dan- from each other, or in such a state of ger of political change,-are sensible juxtaposition that they might be under that the correction of one abuse may the same governor. To the jail should lead to that of another feel uneasy be committed all persons accused of at any visible operation of public capital offences, whose trials would spirit and justice-hate and tremble come on at the Assizes; to the house at a man who exposes and rectifies of correction all offenders whose cases abuses from a sense of duty- and would be cognisable at the Quarterthink, if such things are suffered to sessions. Sentence of imprisonment be, that their candle-ends and cheese in the house of correction, after trial, parings are no longer safe: and these should carry with it hard labour; sensagacious persons, it must be said for tence of imprisonment in the jail, after them, are not very wrong in this feel- trial, should imply an exemption from ing. Providence, which has denied to compulsory labour. There should be them all that is great and good, has no compulsory labour in jails given them a fine tact for the preser-in houses of correction. In using the vation of their plunder: their real terms Jail and House of Correction, enemy is the spirit of inquiry - the we shall always attend to these distincdislike of wrong the love of right-tions. Prisoners for trial should not and the courage and diligence which only not be compelled to labour, but are the concomitants of these virtues. they should have every indulgence When once this spirit is up, it may be shown to them compatible with safety. as well directed to one abuse as another. No chains- - much better diet than To say you must not torture a prisoner they commonly have all possible with bad air and bad food, and to say access to their friends and relations you must not tax me without my and means of earning money if they consent, or that of my representative, choose it. The broad and obvious are both emanations of the same prin- distinction between prisoners before ciple, occurring to the same sort of and after trial should constantly be understanding, congenial to the same attended to; to violate it is gross disposition, published, protected, and tyranny and cruelty. enforced by the same qualities. This it is that really excites the horror against Mrs. Fry, Mr. Gurney, Mr. Bennet, and Mr. Buxton. Alarmists such as we have described have no particular wish that prisons should be dirty, jailers cruel, or prisoners wretched; they care little about such matters either way; but all their malice and meanness is called up into action when they see secrets brought to light, and abuses giving way before the diffusion of intelligence, and the aroused feelings of justice and

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The jails for men and women should be so far separated, that nothing could be seen or heard from one to the other. The men should be divided into two classes, 1st, those who are not yet tried; 2dly, those who are tried and convicted. The first class should be divided into those who are accused as misdemeanants and as felons; and each of these into first misdemeanants and second misdemeanants, men of better and worse character; and the same with felons. The second class should be divided into, 1st, persons condemn

The sum of our

syne, she saw too soon that that cordial of | Tom Jones. There are no sensual and the heart must not be expected. One look glowing descriptions in Anastasius, she cast upon my countenance, as I sat nothing which corrupts the morals by down in silence, sufficed to inform her of inflaming the imagination of youth; my total change of sentiments;-and the responsive look by which it was met, tore and we are quite certain that every for ever from her breast the last seeds of reader ends this novel with a greater hope and confidence. Like the wounded disgust at vice, and a more thorough snail she shrunk within herself, and thence- conviction of the necessity of subjuforth, cloked in unceasing sadness, never gating passion, than he feels from readmore expanded to the sunshine of joy. ing either of the celebrated works we With her buoyancy of spirits she seemed have just mentioned. even to lose all her quickness of intellect, eulogium is, that Mr. Hope, without nay all her readiness of speech; so that, not only fearing to embark with her in being very successful in his story, or serious conversation, but even finding no remarkably skilful in the delineation response in her mind to lighter topics, of character, has written a novel, which I at last began to nauseate her seeming all clever people of a certain age should torpor and dulness, and to roam abroad read, because it is full of marvellously even more frequently than before a partner fine things, of my fate remained at home, to count the tedious hours of my absence; while dreading she, poor miserable creaturethe sneers of an unfeeling world, passed her time under my roof in dismal and heart-breaking solitude.-Had the most patient endurance of the most intemperate sallies been able to soothe my disappointment and to soften my hardness, Euphrosyne's angelic sweetness must at last have conquered: but in my jaundiced eye her resignation only tended to strengthen the conviction of her shame: and I saw in her forbearance nothing but the consequence of her debasement, and the consciousness of her guilt. Did her heart,' thought I, 'bear witness to a purity on which my audacity dared first to cast a blemish, she could not remain thus tame, thus spiritless, under such an aggravation of my wrongs; and either she would be the first to quit my merciless roof, or at least she would not so fearfully avoid giving me even the most unfounded pretence for denying her its shelter. She must merit her sufferings to bear them so meekly!'-Hence, even when moved to real pity by gentleness so enduring, I seldom relented in my apparent sternness."-(Vol. III. pp. 7274.)

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SPRING GUNS. (E. REVIEW, 1821.)
The Shooter's Guide. By J. B. Johnson.
12mo, Edwards and Knibb. 1819.
WHEN Lord Dacre (then Mr. Brand)
brought into the House of Commons
his bill for the amendment of the Game
Laws, a system of greater mercy and
humanity was in vain recommended
to that popular branch of the Legis-
lature. The interests of humanity, and
the interests of the lord of the manor,
were not, however, opposed to each
other; nor any attempt made to deny
the superior importance of the last.
No such bold or alarming topics were
agitated; but it was contended that, if
laws were less ferocious, there would
be more partridges - if the lower orders
of mankind were not torn from their
families and banished to Botany Bay,
hares and pheasants would be increased
in number, or, at least, not diminished.
It is not, however, till after long ex-
perience, that mankind ever think of
recurring to humane expedients for
effecting their objects. The rulers who
ride the people never think of coaxing
and patting till they have worn out
the lashes of their whips, and broken
the rowels of their spurs.
The legis
lators of the trigger replied, that two
laws had lately passed which would
answer their purpose of preserving
game: the one, an act for transporting

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