his ward of the property with which he was intrufted for her benefit, and who has befides feduced her and turned her out upon the world a beggar and a proffitute; a man who being married, has concealed that fact, and having gained the affections of a virtuous woman, has perfuaded her to become his wife, knowing at the fame time that the truth cannot long be concealed, and that whenever difclofed it muit plunge her into the deep ft mifery, and muft have deftroyed irretrievably all her profpects of happiness in life; has furely done that which better deferves the epithet of enormous crime, accompanied with heinous aggravation, than a butler who has ftolen his mafter's wine. It is not a great many years ago fince an attorney made it a practice, which for fome time he carried on fuccefsfully, to steal men's eftates by bringing ejectments, and getting fome of his confederates to perfonate the proprietors, and let judgment go by default, and make an ineffectual defence; the confequence was, that he was put into poffeffion by legal procefs, and before another ejectment could be brought, or the judgment could be fet afide, he had fwept away the crops, and every thing that was valuable on the ground. If for this any punishment be provided by law, it is one far lefs fevere than for the crime of petty larceny. Perhaps," it is added in a note, "under the notion of confpiracy this might be indictable, but certainly under no other."

With refpect to the first of thefe inftances, it is too fpecial and fingular, to form the ground of a legislative provifion. The fecond offence was once put beyond the benefit of clergy, but fubfequent legiflators viewed it with more lenity, perhaps not with more wildom. As to the third inftance, if the author means only that to take away growing crops is not larceny, but trefpafs, his ftatement is within the words of truth, but much of the introductory circunftance is fuperfluous. But if by the words, and every thing that was valuable on the ground, he means, as every reader muft understand it, crops previoufly feporated, cattle and implements of hufbandry, he is not correct in his law. It is, indeed, moft dangerous, even by an equivocal flatement coming from a man of fuch high authority, to give currency to an opinion, that the poffeffion of property to a large amount, if obtained by falfe procefs of law, does not fubject him who has fo acquired it to capital punishment. The very fact, of a fictitious ejectment is adjudged in Farr's Cafe, (Kelynge 40,) and referred to by Sir. T. Raymond, (p. 276,) who fays, he was himfelf of counfel in the caufe, and that the delinquent was found guilty and hanged.

Among the caufes of the failure of the bills which the fpeech out of which this pamphlet is found was intended to fupport, the author mentions a ftatement fanctioned by the

judges, that fince he had procured the repeal of the statute of Elizabeth, the crime of picking pockets had increased.

"The judges," he fays, "could collect the increase of the offence only from the greater number of cafes which came before them for trial. To fpeak correctly, therefore, we should from the teftimony of the judges, fay, that fince the repeal, not crimes but profecutions have increased. The mere increase however of profecution, far from being an evil, is a great benefit to the public. It is indeed one of thofe benefits, which the fupporters of the repeal ventured to predict would infallibly refult from adopting it. The feverity of the law it was faid deters men from profecuting, and the confequence of fo inhuman a punishment being threatened is, that none is fuffered. Abolish the capital fentence, inflict a fevere punishment, but one lefs repugnant to all men's notions of juftice; and your law will be enforced, profecutions will neceffarily multiply, and punishment will be inflicted where now impunity prevails. What was fore. told has happened. The capital punishment has been repealed, and profecutions have increased; the experiment fo far has been completely fuccefsful, and yet this very fuccefs is converted into an argument against the measure. The mitigation of the law it is faid has proved an incitement to new offenders; men who have efcaped all punishment, have been imprifond, or transported for fourteen years, or for life, and this is fuppofed to have operated as an encouragement to others to follow their example. Surely if men allowed themselves to examine this matter with the fame calm judgment, which they apply to other fubjects, it would not be poffible that things in their nature so incredible should meet with fo ready a belief."

This apology feeins rather like an exclamation of wounded felf-love, than a calm deduction of reafon. The judges in this country have much better means of information as to the flate of the crime, than the author feems to fuppose. Nor is it exactly true, that he who profecuted before the repeal, was obliged to endanger the life of the culprit. If the indictment did not alledge that the property was taken from the perfon, privily and without the knowledge of the owner, the thief could not incur the higher penalty of the law.

In fact by this mode of preparing indictments, and fometimes by abflaining from giving evidence of collateral or defcriptive circumflances, it is often in the power of profecutors to fhow mercy, and he who wifhes, under the prefent fyflem, to bring an offender to proper punishment need not fhrink from the task, through apprehenfion of a more grievous fentence than he intended. Juries, befide their

power

power of recommendation, are exhorted, in almoft every fumming up, to remember mercy, and if they have a doubt, to give the benefit of it to the prifoner. The judges have a proper power, and it is admitted, always fhow an inclination to lenient decifions. Should all these fail, the crown, in the jaft refort, can relieve the injured or fpare the oppressed. Where there are fuch numerous means of total or comparative impunity, for offenders, it is not the part of a found politician or moralift to diffuse notions that juftice is too rigid, the arm of power too ftrong, or the law ridiculous or defective, through excess of feverity. Particularly, it should be recollected, that the power of fhedding blood is not given nor defired for the fake of fhedding blood, but for the fecurity and protection of that public, whose welfare is the firft object of all laws.

If the enactment of criminal ftatutes requires much care and circumfpection, the repeal of them requires yet more. A law which exifts is prevented from being injuriously executed by all the circumftances and caufes which contribute to the purity of justice, and the integrity of thofe by whom it is adminiftered; but if the fence erected by the care and wifdom of legillators for the protection of the innocent is thrown down, the wrong-doer acts without reftraint, and the (poiler fatiates his vicious propenfities, not only unreftrained, but with a feeling of abfolute encouragement. It is not meant to be afferted, that penal ftatutes which have once existed should never be repealed, nor to ftigmatize as theorists and innovators all who attempt to reform the law. The mo tive may be good, even where the effort is not judicious. Some laws have been originally founded on enormous notions, and could only remain in being, during a fort of fomnolency of the public understanding; when common fenfe aroufed from its torpor, fuch laws must be fpeedily abrogated. This was the cafe of the acts against witchcraft. To endure them was to arm the ignorant and the malicious against the timid and the weak; and to provide against forcerers and necromancers, was to acknowledge that they had the powers of divination, and the advantage of an intercourfe with fome good or bad fpirits. The repeal of thefe laws had the effect of fettling public opinion, and they who pretend to fuch fuperior faculties are rightly dealt with as impoftors, rogues and vagabonds. The law against affociating with Egyptians was properly repealed; for to retain it would have argued a weaknefs in government, and a diftruft of its own powers which the ftate of the times did not warrant. When thefe vagrant bands began to infeft the country,

Cc 4

they

they added to the difficulties occafioned by hordes of domestic marauders, who under various names, as mofs-troopers, roberdsmen, waflers, and draw latches difturbed the peace, and made fpoil of the property of the King's fubjects. When the ftatute was repealed, no fuch force, nor any fear of fuch a force exifted, and therefore, although the repeal might be demanded on flight or improper grounds, it was more wife to grant it than to fpend the ftrength of govern ment in maintaining a law which was grown useless, and never again likely to be otherwife. But when it is proposed to render property iefs fecure by weakening the hands which protect it, the duty of the legiflator is to paufe, and the writer upon fuch a fubject fhould well weigh every affertion, every axiom, and every illuftration he employs; for he is feriously refponfible for all the confequences of his attempt. It is, in our judgment, moft heartily to be hoped, that the victory which was gained in the repeal of the ftatute of Elizabeth will not lead to fresh fucceffes of the fame kind; especially as it is eafy to perceive that the arguments which are used to prejudice the legiflature and the public against the three ftatutes of William, Ann, and George II, may with the fame force and the fame dexterity be ufed against any other act in the ftatute book.

With two more obfervations we fhall clofe this protracted article. Sir Samuel Romilly has pleafed his imagination with a fancied refutation of the principles of Dr. Paley, and enjoys, with evident delight, a triumph over one of the Doctor's metaphors. We have not attempted to arbitrate in this conteft. They who have not read Dr. Paley's work can form no notion of it from this pamphlet, and they who have, will eafily judge whether the divine or the lawyer has taken the most enlarged, candid, and philofophical view of the criminal law of England. If in this review we have treated the opinions and affertions of Sir Samuel Romilly with great freedom, we beg to be understood not to mean to throw any thing like contempt on him in his proper fphere. We acknowledge the extent of his attainments and the fplendour of his talents. His attention has evidently not been much directed to the practice of the cri minal law, and without an intimate acquaintance with, and an attentive obfervation of the practice of the crown law, even his mighty talents must be vainly and even mifchievously employed in an attempt to reform it. No fuch attempt ought to proceed unless it has previoufly obtained the fanction of the judges. Their experience not being confined to the metropolis, or to one particular circuit, but being directed

by

by turns, to all parts of the kingdom would enable them to pronounce decifively on laws, which, although only partially or locally applicable in their utmost extent, could not be repealed without danger of irreparable mifchief and inextricable confufion.

ART. VIII. Confeffion of General Buonaparte to the Abbe Maury, &c. &c. Dedicated to General Kleber, by General Sarrazin. 310 pp. 8vo. 11. Pannier. 1811.

THE arrival of General Sarrazin in this country, and his flay among us, have excited their portion of furprife, amid the daily wonders of the prefent eventful period. On his defection, the French Government gave out that he was mad, and he writes books to convince the world of his fanity. He has published fome, and promifes many more. He intimates, in his introduction to the prefent work, that he came to England, not for a temporary afylum, but

"Because he had been affured this country would make him forget his native one, and offer advantages fuperior to those which he enjoyed in France. His claims, he fays, reft upon the fincere defire of being useful to England, and apon the correct information he has given of the coafts, the frontiers, and the plans of the enemy, the refult of twenty years of affiduous application."

If the affurances to which the General alludes, amounted to any thing like promifes, we have no doubt they will be performed, with fcrupulous punctuality, but we do not believe that in a military fenfe, it will be in the power of Government to give him advantages fuperior to those he enjoyed in France. Were General Sarrazin, and all others who in the courfe of the last twenty years have left France to seek refuge in England, gratified in fuch expectations, pofts of honour and importance would be moft ftrangely and heterogeneonfly filled, and native worth must be almost utterly neglected.

When we fay that we do not approve of the form of the prefent work, we would not be understood as joining in the faftidious exclamation fo often repeated, "Oh,, we have heard enough of Buonaparté and his wickednefs!" "Such an averfion to hear the crimes of this unparalleled delinquent frequently and duly expofed, is the very laffitude of mind on which he calculated in committing, and his minions, and parafites in applauding them. It is given to recent times to

have