dereft and moft compaffionate feelings, "and at the fame time raise our highest "indignation against the inftruments of "it. But," he adds, " there is no danger "of either, from a ftrict adherence to "the laws."-Really !-Is it then impoffible to make an unjust law? and if the law itself be unjust, may it not be the very " inftrument" which ought "to "raise the author's, and every body's

highest indignation ?" I fee, in the last newspapers from London, that a woman is capitally convicted at the Old Bailey, for privatelyftealing out of a fhop fome gauze, value fourteen fhillings and three-pence: Is there any proportion between the injury done by a theft, value fourteen fhillings and three-pence, and the punishment of a human creature, by death, on a gibbet? Might not that woman, by her labour, have made the reparation ordained by God, in paying fourfold? Is not all punishment inflicted beyond the merit

M 4

merit of the offence, fo much punishment of innocence? In this light, how vaft is the annual quantity, of not only injured but fuffering innocence, in almost all the civilized ftates of Europe!

But it feems to have been thought, that this kind of innocence may be punished by way of preventing crimes. I have read, indeed, of a cruel Turk in Barbary, who, whenever he bought a new Chriftian flave, ordered him immediately to be hung up by the legs, and to receive a hundred blows of a cudgel on the foles of his feet, that the fevere fense of the punishment, and fear of incurring it thereafter, might prevent the faults that should merit it. Our author himself would hardly approve entirely of this Turk's conduct in the government of flaves; and yet he appears to recommend fomething like it for the government of English fubjects, when he applauds the reply of Judge Burnet to

the

the convict horfe ftealer; who being afked what he had to fay why judgment of death should not pass against him, and answering, that it was hard to hang a man for only stealing a horfe, was told by the judge," Man, thou art not to be

hanged only for ftealing a horse, but “ that horses may not be stolen.” The man's answer, if candidly examined, will, I imagine, appear reafonable, as being founded on the eternal principle of justice and equity, that punishments fhould be proportioned to offences; and the judge's reply brutal and unreafonable, though the writer" wishes all "judges to carry it with them whenever

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they go the circuit, and to bear it in "their minds, as containing a wife rea"fon for all the penal ftatutes which “they are called upon to put in execu❝tion. It at once illuftrates," fays he, "the true grounds and reasons of all ca

"pital

pital punishments whatfoever, namely, "that every man's property, as well as "his life, may be held facred and invio"late." Is there then no difference in value between property and life? If I think it right that the crime of murder fhould be punished with death, not only as an equal punishment of the crime, but to prevent other murders, does it follow that I muft approve of inflicting the fame punishment for a little invasion on my property by theft? If I am not myfelf fo barbarous, fo bloody-minded, and revengeful, as to kill a fellow-creature for stealing from me fourteen fhillings and three-pence, how can I ap. prove of a law that does it ?. Montef quieu, who was himself a judge, endeavours to imprefs other maxims. He must have known what humane judges feel on fuch occafions, and what the ef fects of thofe feelings; and, fo far from thinking

thinking that fevere and exceffive punishments prevent crimes, he afferts, as quoted by our French writer, that "L'atrocité des loix en empêche l'exé"cution.

Lorfque la peine est sans mesure, on eft "fouvent obligé de lui préférer l'impunité. "La caufe de tous les relâchemens vient "de l'impunité des crimes, et non de la mo"dération des peines."

It is faid by those who know Europe generally, that there are more thefts committed and punished annually in England, than in all the other nations put together. If this be fo, there must be a caufe or caufes for fuch depravity in our common people, May not one be the deficiency of justice and morality in our national government, manifested in our oppreffive conduct to fubjects, and unjust wars on our neighbours? View the long-perfifted in, unjust, monopolizing treatment of Ireland, at length acknow

ledged !