Abbildungen der Seite
PDF
EPUB

duced, and on the whole the pleasure with which we always witness the progress of just theory in regulating the concerns of makind, and in assuming that legitimate controul over practical affairs, without which it is hopeless at any time to aspire after permanent improvement. The age in which we live will not rank among its meanest triumphs, the total abolition of torture,—the limitation of capital punishments to a small number of cases,--the infliction of death (except in a single instance, that of parricide,) without insult or aggravation,—and the establishment of a simple code of punishments,-in' that empire which most pertinaciously adhered to the cruelty, the complexity, and all the false principles and odious practices which disgraced the multiform enactments of the antient civil code.

For our own part, we can scarcely regard without envy the enployment to which the public men of France have recently been called, in re-organizing the laws of their country, at a period when the discussions of enlightened men have thrown so much light on the true doctrines of penal legislation. Yet they are not entitled to the merit of having been the first to promulgate from authority the wise and beneficent decrees in question. In the year 1791, the Constituent Assembly, (a body which, in spite of occasional mistakes and inconsistencies, will be allowed by impartial posterity to have deserved well of its country and of mankind,) undertook the weighty task of revising one of the most corrupt and oppressive penal codes that ever was endured in civilized society. They threw off the grosser errors, and rectified the more prominent anomalies; they appealed from the experience of civil to the abstract principles of right, and laid a sound basis for equitable coercion in the universal and well recognized propensities of

the human mind.

Their scheme has

now undergone the trial of nearly twenty years; and it is adopted by the orators of the imperial council, with some variations imposed by the altered nature of the government, and others which have been suggested by the experiment itself.

These rests and pauses, in which a nation calmly looks back on her 'former practice with a view to amendment, are advantages dearly bought in a despotic government by violent convulsions, which they precede or follow. They are the, moments of awful tranquillity that announce the approaching hurricane, or the first respite which permits the half-recovered proprietor to repair its destructive ravages. In a free state, like our own, where the warmest discussion of general topics provokes only an answer, and the most violent animadversions serve only to prove the stability of the system against which they are directed, no period can be improper for the detection of abuses, the exposure of errors, and the suggestion of remedies. Yet, this very facility may sometimes operate to defeat the objects within its command; and as, according to the vulgar observation, every body's business is nobody's business," so the exact season seems never to arrive for doing that which may at any time be effected. It is said, “ things have gone on hitherto without any very material inconvenience; why select this particular instant for redressing trifling wrongs, which the habitual sufferance of them renders comparatively harmless? The events of the passing hour are fully sufficient to absorb the faculties of the wisest governors their temporary pressure cannot dispense with immediate and unremitting attention; and why should we divert any part of it to that prospective amelioration which has been so long delayed, and may wait a little longer, and which may

6.

be brought about at any time with as much advantage as at the present?"-Without encountering these approved excuses of indolence and inactivity by other topics as general in their nature, but of an opposite tendency,--and without citing or even insinuating the instructive proof which recent circumstances have afforded, of the immense danger of unnecessary postponements, -we shall merely observe that at the present epoch the public mind docs happen to be peculiarly alive to the doctrines of criminal jurisprudence, and the defects in our own penal system. Undismayed by the various objections and imputations which are calculated to deter them from the inquiry, several of the most distinguished members of our legislature have presumed to question the policy, the justice, and the humanity of our existing laws, and have most certainly been seconded by a very strong opinion out of dours. The opportunity, therefore, appears to be favourable for giving circulation to a rather ample exposition of the course pursued on the same subject by a great and enlightened people; and we design to state fully the contents of the work before us, for the information of our own countrymen,—without instituting any parallel, or obtruding many remarks, except for the purpose of rendering more intelligible, by the contrast, that which, standing alone, it might be difficult to explain.

"The penal code of France begins with certain preliminary disposi tions, comprising little more than a definition of the legal terms most constantly employed; and the first book opens with a table of punishments, which are divided into, 1, the afflictive and infamous; 2, the infamous; 3, the correctional. Those of the first description are, death, compulsory labour for life or for a certain time, deportation, and im

[ocr errors]

prisonment. Under the second head are the pillory, banishment, and civil degradation. The correctional punishments are temporary imprisonment in a place of correction, temporary interdiction from certain rights, either of a civic or a domestic nature, and fines.—In the details which regulate the mode of inflicting these punishments, it is enacted that a parricide shall be taken in his shirt to the place of execution, barefooted, and his head covered with a black veil; that he shall be exposed on the scaffold while his sentence is read aloud; that his right hand shall be cut off, and he shall then be instantly executed. Decapitation is the only mode in which capital punishment can be administered.

[The Reviewer then proceeds more particularly to examine the various branches of this code, but our limits prevent us from extracting any other part than that relative to the LAW OF LIBELS.]

In the seventh section, directed against false testimony, calumny, insult, and the revelation of secrets professionally intrusted, we discover a principle of some importance, as to the law of libel affecting the character and feelings of individuals, which is not quite inapplicable to the question so often agitated among us, "how far that which is true can justly be styled libellous."

Every imputation,' says this Penal Code, is reputed false, which is not supported by legal proof. In consequence, the author of the imputation shall not be allowed to demand, in his defence, that the proof be entered into: neither shall he be able to allege as an excuse that the documents or the facts are notorious; or that the imputations which give rise to the prosecutions are copied or extracted from foreign papers, or other printed writings.'

When the fact imputed shall be legally proved true, the author of

the imputation shall be exempted from all penalty: but nothing shall be considered as a legal proof, but that which results from a judgment, or some other authentic act.'-In short, as we understand the provision, the defendant who is accused of calumny shall not be allowed to repel that accusation, by proving his charge to be true: but he may institute another proceeeding for the purpose of doing this, and, if he be successful, he shall escape punishment. We think that this is a wise and simple expedient, in a case naturally involved in great difficulty, for reconciling the interests of truth with the public tranquillity and the protection of private character.

[The Reviewer concludes with the following general remarks.]

"We have judged it sufficient to call the attention of the public to the more material parts of the code, and have laboured to compress them, as well as our opinions on them, into the smallest space; for we are persuaded that those who are in trusted with the reform and the preservation of the English system will profit by studying that of France. Not that we recommend it for indiscriminate imitation, or are blind to its numerous defects of arrangement, precision, and subject: but since nothing can keep the foundations of society clear of corruption and decay, except a frequent recurrence to first principles, we think, that much benefit may be derived from attending to the practical discussion of them, by some of the first men in a neighbouring nation, in many instances closely resembling our own: happy, we repeat, that, on this as on every other subject, the very nature of our constitution provides the means of peaceably introducing those remedies of what is wrong, and those improvements of what is incomplete ly right, which countries less favoured have been compelled to pur

chase at the dreadful price of subversion, massacre, and desolation !”

CORRESPONDENCE BETWEEN

THE EDITOR OF THE EVANGELICAL MAGAZINE, AND THE EDITOR OF THE PO

LITICAL REVIEW.

[The following correspondence was printed on the cover of the Political Review, for Jan. 1809, but at the request of several of our readers, we here insert it, that it may be the better preserved, as a memorial of the regard shewn to moral character, and to the interests of practical piety by an Evangelical Editor.]

To the Rev. George Burder, Hatton
Garden, London.

Harlow, Dec. 6, 1808.
REV. SIR,

Understanding that you are the Editor of the Evangelical Magazine, I beg leave to trouble you with a few lines on a subject of no inconsiderable importance to your own character, as well as to mine.

On the 21st of last month, I sent to the publishers of the Magazine an advertisement, a copy of which I enclose; and which I naturally expected to see on the cover of the ensuing number. On the 30th. I, however, to my surprise, received a letter from the publisher, of which the following is a copy :

[merged small][ocr errors][ocr errors]

"Mr. B. Flower, Harlow."
" SIR,

I think it necessary to inform you that the Editors of the Evangelical Magazine have rejected your advertisement against Clayton as inadmissible, consequently "it was not in our power to insert it. Yours respectfully,

66

(Signed) T. WILLIAMS." "Stationers Court, Nov. 29, 1808." It appears, Sir, by this letter, that the publisher has no choice respecting the insertion of advertisements; that the Editors have the

[ocr errors][merged small][ocr errors]

It is not my design, Sir, to draw you into any controversy on this occasion, or I might ask the question-What a desperate cause must that be, which dreads an appeal to the public respecting A Statement of Facts? I might complain of the injustice of shutting up from a person who feels himself most grossly injured in his character, one of the common channels for advertisements. -I might state, that the "facts" in question seriously demand the at tention of the religious world; but as these are topics on which we might, perhaps, differ in opinion, I shall only appeal to you, Sir, on the impropriety of your making yourself a party on this occasion,

*The only mistake which the author of the Statement has since discovered, is that relating to Mr. George Clayton, of whose conduct as distinguished from that of his father and brothers, he expressed his high approbation. With sincere regret justice obliges him to inform the public, on the evidence of several respectable dissenting ministers, that Mr. George Clayton has shewn the same industry in circulating the malignant falsehoods of which his relatives

above mentioned stand convicted before

the public. One of the respectable ministers alluded to, thus addressed the

Author of the Statement.

"You are

"much deceived in Mr. George Clay"ton: his treatment of you has been "as bad as that of the rest of the fami"ly!" It is much to be feared that Mr. Clayton's three sons may adopt the language of Dr. Watts, in a somewhat more appropriate sense than originally intended by the author.

"How strong in our degenerate blood, "The old corruption reigns; "And mingling with the crooked flood, "Wanders through all our veins !" May God grant the four Reverend Slanderers that sincere repentance, without which there can be no satisfactory evidence of their being christians.

[ocr errors]

when the public have had such fre quent, and very proper declarations, inserted on the cover of the Magazine, that the Editor does not consider himself responsible for the nature of the advertisements, and which indeed include all sorts of publications, good, bad, and indifferent; and quack medicines, which may be beneficial to health, or the contrary.

As the Statement is, I am persuaded, connected with the interests of truth and holiness, it is my determination, that it shall have an extensive circulation. I request the favour, therefore, of an explicit answer, whether the Editors of the Evangelical Magazine persist in their refusal to insert the enclosed advertisement? I am preparing to advertise the Statement extensively, and deem it but fair to apprise you, Sir, of my intention of stating, should the refusal be persisted in, such an unfair method of suppressing truth, and of countenacing falsehood. You will, therefore, consider this letter, not as a private but a public communication.

If the Editors of the Evangelical Magazine mean to make a common cause with certain Reverend gentlemen, whom, as long as I believe the gospel to be true, and until they manifest the most public repentance of their conduct, I shall always hold up to the world, and in the social circle, as a standing scandal to their profession, and a disgrace to the christian name,-I hope they will have the fairness to avow their determination.

Mr. Williams, in his letter, mentions the EDITORS of the Magazine; but as you are the only gentleman whose name has been published as the Editor, since the death of Mr. Eyre, I must request, should there

be

any other person connected with you, that you would have the goodness to communicate to him the con

tents of this letter. Waiting your answer, I remain, Rev. Sir,

Yours Respectfully,

BENJ. FLOWer.

After waiting a week for an answer, I wrote a second letter to Mr. Burder, requesting, as the time of advertising on the cover of the Evangelical Magazine for the ensuing month drew near, that he would favour me with an explicit reply to my last. On the 18th instant I received a letter, of which the following is a copy.

To Mr. Flower, Printer, Harlow. London. Dec. 17, 1808.

SIR,

I have received both your letters, respecting an advertisement of your late publication on the cover of the Evangelical Magazine. In answer, permit me to say, that deeply regretting, as I do, that family disputes have been brought into a court of justice, and still more that they have formed the subject of a pamphlet, I cannot allow myself to be instrumental in giving further publicity to the unhappy affair by the insertion of the proposed advertisement. I am Sir,

Your obedient Servant,

GEO. BURDer.
To the Rev. George Burder.
Harlow, Dec. 20, 1808.

REV. SIR,

By your letter of the 17th I perceive, that although you persist in your refusal to advertise on the cover of the Evangelical Magazine the Statement of Facts, &c. you decline answering the reasons I suggested respecting the impropriety of such refusal. You cannot lament more than I have done, that the dispute between me and the Messrs. Claytons has been brought into a court of justice, and that it has since been made the subject of a publication; but being perfectly conscious, that I should have justly forfeited all claim to the character of an honest man, and a christian, if I had suf

VOL. IX.

fered the diabolical calumnies cast on my character, and on the memory of my mother, by the Claytons, to have been circulated without giving them the most ample, and the most public refutation in my power, I reflect with great satisfaction on the steps I have taken for that purpose.

I know not whether you have read the publication alluded to; but I have a right to complain that you, Sir, should have made yourself a party in the disgraceful business, by endeavouring to shield those persons, who have vented the calumnies I have so justly characterised.

Happy it is for the interests of truth, justice, and morality, that the editors of our public prints, and periodical publications in general, have a greater respect for that inestimable privilege of Britons—THE FREEDOM OF THE PRESS, than the Editor of the Evangelical Magazine; concerning whom, I shall, without making any apology for so doing, state to the public, that, however a person may be injured in his good name, or however false and wicked may be the calumnies vented against him, if the calumniators happen to be acquainted, or any way connected with the editor in question, they are sure of his protection, he being determined not to insert, even an advertisement, on the cover of his Magazine, consisting of a Statement of Facts, designed to vindicate the injured person from the base attempts of those, who have, during a long course of years, repeatedly endeavoured to assassinate his character, if not to rob him of his life!

The question between the Claytons and me, and I am sorry to add, between you, Sir, and me, is not relating to a mere family dispute, but to a subject of much greater importance. It is-Whether moral character in Protestant Dissenting ministers of the Independent denomi nation, is to be considered as of es

3 E

« ZurückWeiter »