which nations so liberally bestow on each other, there are none more deserved than those which are founded on the infliction of imprisonment. Of the cruelties exercised by the Dutch in the East, of the French Bastille, and the Spanish Inquisition, we speak with horror; but when we peruse the faithful narrations that have been given of the dungeons of our own country, we shall find little cause for exultation. Instead of boasting of the name of Howard, we ought rather to blush at its recollection, when we reflect that it is upwards of forty years since the publication of his work, and that so little improvement has yet been made; whilst in many places, our prisons became rather worse than better; as may appear by a comparison of the work of Mr. Howard, with that of his indefatigable successor, Mr. Neildso ineffectual have been their labours, to excite the attention of their countrymen to the correction of the evils which they have so feelingly and so truly set forth.

The public attention has, however, of late been powerfully called to this subject in the work of Mr. Buxton on Prison Discipline, a work which, by describing the abuses that yet exist in some of our places of confinement, and contrasting them with the improvements that have taken place in others, has demonstrated the practicability of a general and improved

system of management. Of the injustice and inexpediency of imprisonment, as at present inflicted in this country, the most clear and satisfactory proof may be found in the introductory chapter to his work, in which he has shewn, from the highest authorities, that the law extends its protection to prisoners, no less than to other subjects; and that their rights are grossly violated by the treatment at present inflicted upon them. To this excellent tract I earnestly recommend the reader's attention, and shall only observe, that in the plain estimation of common sense, there can scarcely be a more absurd or injurious proceeding, than to confine a person within the limits of a gaol, to brood over his own distracting thoughts, not only without any useful employment, but too often in the midst of riot, disorder, and wickedness. In this proceeding there is not a pretext of any advantage to the prosecutor by compensation, or to the prisoner by his amendment; the only motive that can be discovered, is the gratification of a barbarous and disgraceful spirit of revenge; which, as society continues to improve, and better principles are established, cannot fail to meet with the odium it deserves.

Frequently combined with imprisonment is another species of punishment, which has of late been carried to such an extreme, as loudly

to call for regulation or restriction. This is the practice of loading prisoners with irons, under the pretext of safe custody; but often, it is to be feared, to gratify the indolence, or the malice, or to promote some undue advantage of the gaoler. This practice is the more indefensible, as the maxim of the English law declares “that no prisoner shall be put in chains, unless he be unruly, or attempt to escape;" but as the keeper is the sole judge as to the construction he may please to put upon his conduct, the prisoner is left at his mercy, and is frequently obliged to purchase his exemption from being "bolted by his neck or his leg to the floor of a prison, at the expense of his last shilling."

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"Raise your walls," exclaims one of these spirited advocates for the oppressed, Strengthen your gates, make your gaol a place of security, and no longer oppress your prisoners with unlawful chains for the worst purposes of corruption, under the miserable subterfuge of a pretended county economy.'

* Neild on Prisons, Preliminary Dissert. p. 64.

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ON PROPOSED IMPROVEMENTS IN CRIMINAL LAW.

In the course of the last century, a very general sensation was created throughout Europe against the severity and injustice of its criminal law. In exciting this feeling, Montesquieu and Voltaire led the way with distinguished ability and success; but it was in a small state and under a despotic government, that this subject was opened to its full extent, in the celebrated work of the Marquis Beccaria. By these writings not only a great change of opinion, but great improvements in criminal legislation, were effected in many countries of Europe. The use of torture, notwithstanding it found for a time, like all existing abuses, its supporters and its advocates,* was generally abolished. The justice, or expediency, of capital

* In the Abbe Tourreil, and in Spain, in an ecclesiastic named Castro, whose book, however, only excited that indignation which it so well merited.

t "The king of Prussia set the example of abolishing it in

F

punishments, even for crimes of the first degree, was questioned; and in some very important instances the practice was relinquished, with manifest advantage to the interests of the community.* The application of the punishment of death to minor offences was combated with still greater success, and a willingness was evinced by almost every nation in Europe, to avail itself of the information that had thus been

Germany, and the duke of Tuscany in Italy; and the example was soon followed in Saxony and Poland. In Geneva it has not been used since the year 1756, and it was totally abolished in Sweden in 1773. Maria Theresa tacitly suppressed, and the late Emperor Joseph formally prohibited it in the Austrian dominions. Louis XVI. about the same time restricted its exercise in France. The revolution has utterly abolished it in that country, as well as in Avignon, where it was formerly exercised with so much severity, that the goaler there informed Mr. Howard in 1786, that " he had seen drops of blood mixed with the sweat on the breasts of some who had suffered the torture."-v. Bradford's Enquiry on the Punishment of Death. Note i.

* Particularly by the Grand Duke of Tuscany, who in 1786, abolished the punishment of death throughout his dominions. "He had read and admired the Marquis of Beccaria, and determined to try the effects of his plan. He put a stop to all capital punishments, even for the greatest crimes, and the consequences have convinced the world of its wholesomeness."-Gen. Lee's Mem. p. 53. The introduction to the Edict is in fact an abridgment of the principles of Beccaria.