the manners and improve the happinefs of a people. The celebrated Beccaria is of opinion, that no government has a right to punish its fubjects, unless it has previously taken care to inftruct them in the knowledge of the laws and the duties of public and private life. The ftrong mind of William Penn grafped at both thefe objects; and provifions to fecure them were interwoven with his fyftem of punithments. The laws enjoined all parents and guardians to inftruct the children under their care, fo as to enable them to write and read the Scriptures, by the time they attained to twelve years of age and directed, that a copy of the laws (at that time few, fimple, and concife) fhould be used as a fchool book*. Similar provifions were introduced into the laws of Connecticut and the felect men are directed to fee that" none fuffer fo much barbarism in their families as to want fuch learning and inftruction." The children were to be" taught the laws against capital offencest," as thofe at Rome were accustomed to commit the twelve tables to memory. These were regulations in the pure fpirit of a republic, which, confidering the youth as the property of the ftate, does not permit a parent to bring up his children in ignorance and vice. The policy of the eastern states, in the eftablishment of public schools, aided by the convenient fize and incorporation of their townships, deferves attention and imitation. It is, doubtlefs, in a great measure, owing to the diffufion of knowledge which thefe produce, that executions have been fo rare in New England; and, for the fame reafon, they are comparatively few in Scotland. Early education prevents more crimes than the feverity of the criminal code. The conftitution of Pennsylvania, contemplates this great object, and directs, That" fchools fhall be eftablifhed, by law, throughout this ftate." Although there are real difficulties which oppofe themselves to the perfect execution of the plan, yet, the advantages of it are fo manifeft, that an enlightened legislator will, no doubt, cheerfully encounter, and, in the end, be able to furmount them. Secondly-Laws which prefcribe hard labour as a punishment, fhouid be ftrictly executed. The criminals ought, as far as poffible, to be colNOTES. *Laws 1682. ch. 65. 112. + Laws Conn. p. 20. Scotland is nearly twice as populous as London; yet, by the tables referred to already, it appears, that about thirty criminals are executed yearly, in London, while not quite four is the yearly average in Scotland. The difference between thofe capitally convicted, in the two places, is much greater. How. p. 9. 483-5. I firmly believe that the fuccefs of all punishments by hard labour and folitary confinement, must finally depend, upon the wifdom of the regulations, which fhall be established in the jails and penitentiary houfes, and upon the prudence and attention of thofe, to whom the management of the prifoners is committed. E Some ufeful hints upon this fubject lie buried, under a variety of other matter, in mr. Howard's Treatife on Prifons and Lazarettos: and it is much to be regretted, that no well digefted plan for the interior management of thofe places of confinement, has hitherto been publifhed. The best fubftitute is an account of fuch plans as are now in ufe: and mr. Caleb Lownes, one of the inspectors of the jail of Philadelphia (to whofe humane zeal and attention, in the discharge of this voluntary duty, the public are much indebted) has undertaken to give a detail (this detail fhall appear in out next volume) of the regulations adopted in the jail, and penitentiary houfe in this place, and of the management and employment of the convicts. The more minute this in lected in one place, eafily acceffible to thofe who have the infpection of it. When they are together, their management will be lefs expenfive, more fyftematic and beneficial. Their treatment ought to be such as to make their confinement an actual punishment, and the remembrance of it a terror in future. The labour, in moft cafes, fhould be real hard labourthe food, though wholesome, fhould be coarfe-the confinement fufficient ly long to break down a difpofition to vice-and the falutary rigor of perfect folitude, invariably inflicted on the greater offenders. Efcapes fhould be induftrioufly guarded againft: pardons fhould be rarely, very rarely, granted: and the punishment of those who are guilty of a fecond offence, fhould be fufficiently fevere. The reformation of offenders is declared to be one of the objects of the legislature, in reducing the puNOTE. formation is, the more ufeful and interefting it will be, when our fifter ftates turn their attention to the revifion and reform of their criminal laws. In hopes that this event is not very diftant, I fhall here add a few principles on this fubject, collected from the facts or obfervations of mr. Howard. Firft. That houses for convicts at labour, ought to be in or near a large town or city, and eafily acceffible to thofe who have the infpection of them. This laft circumftance feems to be of the utmost importance. Second. Mr. Howard uniformly found thofe houses beft managed, when the inspection was undertaken without mercenary views, and folely from a sense of duty, and a love to humanity. So reputable is this humane task in Germany, that at Frankfort, the house of correction is infpected by the ladies. Pris. 128. La zar. 71. Third. Steady, lenient, and perfuafive measures, were always found to be the best means for preventing efcapes; and far preferable to rough ufage, which often made the prifoners defperate. Laz. 206. Pris 39. Fourth. The great object to be attended to (efpecially with young of fenders) ought to be to reclaim and reform them. Many facts prove, that this is not fo difficult as fome perfons apprehend. Their earnings muft, therefore, be a fecondary confideration; and if the houfe does not maintain itfelf (as in many places it will not) that circumftance ought not to be re garded. To promote this object of reformation, the young offenders ought to be feparated from thofe who are old and hardened. Fifth. In order to hold out a real object of terror, folitary confinement, on coarfe diet, fhould be the invariable portion of evety old or great offender. This, however, it is best to inflict at intervals, and feldom longer than twenty or thirty days at a time. The obfervations of mr. Howard on this fubject, deferve attention, and with them I clofe this note. "The intention of folitary confinement (I mean by day as well as by night) is either to reclaim the most atrocious or daring criminals-to punifh the refractory for crimes committed in prifon--or to make a firong impreffion, in a fhort time, upon thoughtlefs and irregular apprentices, or the like. It should, therefore, be confidered by those who are ready to commit, for a long time, petty offenders to abfolute folitude, that fuch a fyftem is more than human nature can bear, without the hazard of dif traction or defpair: and that, for want of fome employ in the day, health is impaired, and a habit of idleness and inability to labour in future, is in danger of being acquired. The beneficial effects, on the mind, of fuch a punishment, are fpeedy, proceeding from the horror of a vicious perfon's being left entirely to his own reflections. This may wear off by a long continuance; and a fullen infenfibility may fucceed." Laz. p. 169. in notis. nifhment-But time, and, in fome cafes, much time, must be allowed for this. It is easy to counterfeit contrition; but it is impoffible to have faith in the fudden converfon of an old offender. On these hints, I mean not to enlarge but they point to objects of great importance, which may deferve attention, whenever a further reform is attempted. The conclufion to which we are led, by this enquiry, feems to be, that in all cafes (except thofe of high treafon and murder) the punishment of death may be fafely abolished, and milder penalties advantageously introduced. Such a fyftem of punishments, aided and enforced in the manner I have mentioned, will not only have an aufpicious influence on the character, morals, and happiness of the people, but may haften the period, when, in the progrefs of civilization, the punishment of death shall ceafe to be neceffary; and the legiflature of Pennfylvania, putting the key-ftone to the arch, may triumph in the completion of their benevolent work". NOTE. * A revifion of the criminal laws of Pennsylvania, at prefent occupies the attention of the legislature. Thofe who wish to know the progrefs that has already been made in this great work, may find it in the following refolves, which, on the 22d inftant (February) were entered into by the fenate. Refolved, That for all offences (except murder of the firft degree) which are made capital by the exifting laws of Pennfylvania, the punishment fhall be changed to imprifonment at hard labour, varying in duration and feverity, according to the degree of the crime. Refolved, That the crimes, at prefent claffed under the general denomination of murder, be divided into murder of the first and murder of the fecond degree: the latter punishable with imprisonment, at hard labour, or in folitude, or both, for any time not exceeding twenty-one years. Refolved, That all murder, perpetrated by poisoning, or by lying in wait, or by any kind of wilful, premeditated, and deliberate killing, thall be deemed murder in the first degree: and all other kinds of murder, fhall be deemed murder in the second degree: and the jury, before whom any perfon fhall be indicted for murder, if they find the party guilty thereof, fhall afcertain whether it be murder in the first or fecond degree. Refolved, That all claims to difpenfation from punishment by bene fit of clergy, or benefit of the act of affembly, entitled, "An act for the advancement of justice, and the more certain adminiftration thereof," shall be forever abolished, and a definite punishment be prefcribed for all offences, at prefent deemed clergyable: the punishment for the fecond offence, to be the fame in its nature, but in a higher degree. Refolved, That a committee be appointed to bring in a bill, fupplementary to the penal laws of this ftate, for the purpofe of carrying the preceding refolutions into effect. The committee who brought in thefe refolutions, reporting, "That they have doubts at prefent, whether the terrible punishment of death be in any cafe juftifiable and neceffary in Pennfylvania; and are defirous that the public fentiment on this important fubject, may be more fully known," and therefore offering the following refolution, the fame was adopted by the fenate, viz. " Refolved, That the revifion and amendment of the laws, refpecting murder of the firft degree, be fpecially recommended to the early attention of the next legislature. We may, therefore hope, that Pennfylvania will foon give to her fifter ftates, an example of humane legiflation, which may tend, in its confequences, to meliorate the condition of mankind. Feb. 26, 1793. From the Gazette of the United States. The Warning.-No. I. HERE are appearances too ftrong not to excite apprehenfion, that the affairs of this country are drawing faft to an eventful crifis. Various circumftances, daily unfolding themselves, authorife a conclufion, that France has adopted a fyftem of conduct towards the neutral maritime nations generally, which amounts to little less than actual hoftility-I mean the total interruption of their trade with the ports of her enemies; a pretenfion fo violent, and, at the fame time, fo oppreffive, humiliating, and ruinous to them, that they cannot fubmit to it, without not only the complete facrifice of their commerce, but their abfolute degradation from the rank of fovereign and independent ftates, It seems to have become latterly a primary object in the policy of France, to make the principal attack upon Great Britain through her commerce, in order, by extinguishing the fources of her revenue and credit, to difable her from continuing the war, and compel her to accept any conditions of peace which her antagonist may think fit to prefcribe. It is to this plan we are to attribute the unjuftifiable treatment of Tufcany, in the feizure of Leghorn, and fhutting her ports against the English, contrary to the will of her own government. The fame plan has dictated the attempts which are understood to have been made to oblige Naples to exclude Great Britain from her ports during the prefent war. And there have been indications of a defign to effect a fimilar reftraint on all the Italian States, and expel the British trade wholly from the Mediterranean. The fame object of wounding Great Britain, through her commerce, has been promoted by the war into which Spain has been drawn, and may be confidered as the principal advantage expect ed from it; while it is likewife alleged to be the intention to force Portugal to fufpend her commercial relati ons with Great Britain. The late decree, forbidding the importation of British manufactures into France, is which the policy of destroying the British commerce is purfued; fince it is prefumable, from the derangement of French manufactures by the war, that there must have been a convenience in the fupply which that importation has afforded. "Tis obviously to the fame origin, that we are to trace the decree lately communicated by the French minister to our government, with refpect to the intended treatment of the trade of neutrals, and the fpoliations which ours has for fometime paft fuffered. While neutral nations were permitted to enjoy fecurely their rights, befides the direct commerce betweeen them and the British dominions, the commerce of Great Britain would be carried on in neutral bottoms, even with the countries where it was denied accefs in British bottoms. It follows, that the abridgment of neutral rights is effential to the fcheme of destroying the British commerce. And here we find the true folution of thofe un friendly proceedings, on the part of France towards this country, which are hypocritically charged to the account of the treaty with Great Bri tain, and other acts of pretended infidelity in our government. Did we need a confirmation of this truth, we fhould find it in the intelligence lately received from Cadiz.We are informed, through a refpectable channel*, that Danifh and Swedifh, as well as American veffels, carried into that port by French cruiz. ers, have, with their cargoes, been condemned and confifcated by the French conful or tribunal there, on NOTE. * Mr. Iznardi, our conful at Cadiz, lately arrived, who mentioned the fact as here ftated, adding, without referve, that the principle above mentioned is avowed in the corref pondence of the French conful at Cadiz. the declared principle of intercepting the trade of neutrals with the ports of the enemies of France. This indifcriminate fpoliation of the commerce of neutral powers, is a clear proof, that France is actuated, not by particular caufes of difcontent given by our government, but by general plan of policy. The practice upon the decree is a comment much broader than the text. The decree purports, that France would obferve towards neutrals the fame conduct which they permitted her enemies to obferve towards them. -But the practice goes a great deal further. None of the enemies of France, even at the height of their power and prefumption, ever pretended totally to cut off the trade of neutrals with her ports. This is a pretenfion referved for her to increase the catalogue of extraordinary examples, of which her revolution has been fo fruitful. The allegations of difcontent with this country are evidently a mere colouring to the intended violation of its rights, by treaty as well as by the laws of nations. Some pretext was neceffary, and this has been feized. It will probably appear hereafter, that Denmark and Sweden have been mocked with a fimilar tale of grievances. It is indeed, already underfood, that Sweden, outraged in the perfon of her reprefentative, has been obliged to go the length of withdrawing her minifter from Paris. The complaints of France may be regarded principally as weapons furnifhed to her adherents to defend her caufe, notwithstanding the blows fhe inflicts. Her aim has been, in every intance, to feduce the people from their government, and, by dividing, to conquer and opprefs. Hitherto, happily, the potent fpells of this political forcery have, in moft countries, been counteracted and diffipated by the facred flame of patriotifm! One melancholy exception ferves as a warning to the reft of mankind, to fhun the fatal fnare. It is, neverthelefs, humiliating, that there are men among us depraved enough to make ufe of the arms fhe has furuifhed in her fervice; and to vindicate her aggreffions as the effects of a juft refentment, provoked by the ill conduct of our government. But the artifice will not fucceed. The eyes of the people of this contry are, every day, more and more opened to the true character of the politics of France: and the period is faft approaching, when it will be feen in all its intrinfic deformity. The defire of a power at war, to deftroy the commerce of its enemy, is a natural effect of the ftate of war; and while exercifed within bounds, confiftent with the rights of nations, who are not engaged in the conteft, is entirely juftifiable. But, when it manifeftly overleaps thefe bounds, and indulges in palpable violations of neutral rights, without even the colour of juftification in the ufages of war, it becomes an intolerable tyranny, wounds the fovereignty of nations, and calls them to refiftance by every motive of felf-prefervation and felf-refpect. The conduct of France, from the commencement of her fucceffes, has, by gradual developements, betrayed a fpirit of univerfal domination; an opinion that the has a right to be the legiflatrix of nations; that they are all bound to fubmit to her mandates, to take from her their moral, political, and religious creeds; that her plaftic and regenerating hand is to mould them into whatever fhape fhe thinks fit; and that her intereft is to be the fole measure of the rights of the rest of the world. The fpecious pretence of enlightening mankind, and reforming their civil inftitutions, is the varnish to the real defign of fubjugating them. The vaft projects of a Louis XIV. dwindle into infignificance, compared with the more gigantic fchemes of his republican fucceffors. Men, well informed and unprejudiced, early discovered the symptoms of this fpirit. Reafoning from human uature, they forefaw its growth |