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LXXIII. Strictures on the present State of our Convict Laws.

MR. URBAN,

THE internal government of nations has been in a state of progressive improvement for several ages past; and, it is

perhaps, in the present, arrived as near to perfection, in most respects, as the nature of things will permit. There is, however, one circumstance in which great room still remains for improvement: the method of punishing heinous offenders against the laws, so as most effectually to answer the end of punishment, does not seem to have been yet discovered. The number of capital punishments which occur in our own nation in particular, is a circumstance that alarms the feelings of humanity; we enjoy the protection, which the laws afford us, with an imperfect satisfaction, when we reflect, that it is purchased with the violent and premature death of so many of our fellow-creatures. Did the cruelty of our laws give them additional force in deterring men from incurring the penalties of them, their cruelty might perhaps admit of defence; but this does not seem to be the case. In fact, their being in a legislative view too severe and indiscriminate, has occasioned a great relaxation in the execution of them; and this relaxation, though commendable with respect to the spirit it proceeds from, has been found to produce the most pernicious consequences. The threats of punishment, in order to have the full effect of which they are capable, must be rendered as little liable to evasion as possible.

The most profligate persons reason, in some degree, on the consequences of their actions; but they are ready to delude themselves with the slightest chance of impunity, and to act on it as on an absolute certainty. To the chance, therefore, of escaping altogether from the penalties of the law, let us not add the probability of their being mitigated after the conviction of the offender. In the present state of things, a man under the first temptation to commit a capital crime may reason thus:-" I am going to do an act, for which I know the laws will on conviction sentence me to die; however, I have some chance of escaping the pursuit of justice, and if I should be taken and convicted, as this is my first offence, they will think it cruel to hang me; the judge, therefore, will most probably reprieve me, or if not, the king certainly will, and then I shall but be transported at worst; or perhaps, after a short imprisonment, I shall be discharged without further punishment." Thus, in whatever mode our present laws are executed, they are attended with bad effects. A relaxation, by rendering the consequences of crimes indeterminate, encourages men to offend in the hope of impunity; and when to avoid this effect the threatened punishments are strictly executed, we

are shocked at the sacrifice of so many human victims, and lament that the peace of society must be maintained at so dear a price.

It deserves, therefore, to be considered whether, by making fewer crimes to be capital, and at the same time rendering the punishments which may be appointed instead of death, more certain, these inconveniences might not, in some measure, be avoided. Let the penalties of the law be less severe, or, however, less sanguinary; but let them, with a very few exceptions, be invariably inflicted on conviction. Few men are arrived at such a state as to be utterly incorrigible; to those, whom the nature of their crimes denotes to be such, death should still be the punishment: with respect to the rest, if their preservation can be made consistent with the public security, they should be corrected and not destroyed; they should be put under such a course of discipline as, while it convinces them of their errors, may shew them that happiness is still in some degree within their reach; and that the amendment of their conduct, as it is the only, so it is even yet a certain, method of restoring them to the enjoyments they have forfeited.

In pursuance of this idea, might not some such plan as the following be adopted? Let houses be erected in different parts of the kingdom, to the number of two or three in each circuit, for the purpose of labour and confinement, under the name of Felons' Workhouses. Let the first of these be put under a severer discipline than the second, and so on (if there be more than two to a circuit,) that the kind, as well as the duration, of punishment may be suited to the offence. To a residence in these workhouses for the space of one, two, three, four, &c. years, according to the malignity of their crimes, I propose that convicts be sentenced; and that this punishment be the express penalty of the laws, and not a mitigation of that which they have appointed. None but the officers set over them should have access to them; as they ought to have no communication, not even by letter, with persons out of the house, and as little as possible with each other. Perhaps it may be necessary to let them labour together; but, if they are kept in small parties, the presence of overseers may prevent irregularities. At night they should be confined in separate cells. It would be adviseable, if it could be managed, that their condition should be made to depend in some measure on their conduct, and to improve in proportion to the amend ment of their behaviour. The degrees of punishment would

by these means be greatly varied, and the mixture of solitude and social labour would tend to bring these unhappy creatures to a proper recollection. Confinement and an obligation to labour is, to those whose crimes arise from idleness and dissipation, a punishment as severe as can well be imagined; the dread of it therefore, will, have a powerful influence in deterring men from incurring it; and as to those who may incur it, the forced submission to a temperate and regular method of life will, no doubt, have a happy effect in bringing them to a voluntary sobriety. That difficulties would arise in the execution of such a plan, with respect to the nature of the employment, and to many other circumstances, the failure of a somewhat similar one gives us suffi cient reason to apprehend; but, notwithstanding this, I doubt not, that by a proper exertion of skill and authority these difficulties might be surmounted. My purpose at present is only to give a hint of what appears to me a practicable scheme of great importance, and as such, worthy the attention of the legislature.

But I despair of ever seeing the very desirable end of preventing crimes attained, to the degree which I think possible, till some method for the better education of the children of the poor be universally adopted. Whether the general establishment of Houses of Industry would effect this I am not fully satisfied; but I think that, under proper regulation and with some improvements, they are more likely to do it than any other practicable plan that has yet been suggested. Yours, &c.

1784, July.

E. P.

LXXIV. The Effect of Music on the Nerves, and on the singing

of Birds.

June 3.

MR. URBAN, IF you will insert the following article in your next Magazine, you will oblige your very old correspondent,

V.

"Præhabebat porro vocibus humanis, instrumentisque harmonicis, musicam illam avium: non quod alia quoque non delectaretur; sed quod ex musica humana relinquere-. tur in animo continens quædam, attentionemque et somnum conturbans agitatio; dum ascensus, exscensus, tenores, et mutationes illæ sonorum, et consonantiarum, euntque redeuntque per phantasiam: cum nihil tale relinqui possit ex

modulationibus avium, quæ, quod non sunt perinde a nobis imitabiles, non possunt perinde internam facultatem commovere." Vita Peireskii Gassendi.

This curious quotation strikes me much, by so exactly representing my own case, and by describing what I have so often felt, but never could so well express. When I have heard fine music, I am haunted with passages therefrom night and day, and especially at first waking; which, by their importunity, give me more uneasiness than pleasure; which still teaze my imagination, and recur irresistibly to my memory at seasons, when I am desirous of thinking

of other matters.

1785, July.

LXXV. Inquiry into the Effects of Spirituous Liquors.

For the following curious Inquiry into the Effects of Spirituous Liquors upon the Human Body, and their influence upon the Happiness of Society, our Readers are indebted to Benjamin Rush, M.D. Professor of Chemistry in the University of Philadelphia.

BY spirits I mean all those liquors which are obtained by distillation from the fermented juices of substances of any kind. These liquors were formerly used only in medicine; they now constitute a principal part of the drinks of many

countries.

Since the introduction of spirituous liquors into such general use, physicians have remarked that a number of new diseases have appeared among us, and have described many new symptoms as common to old diseases. Spirits, in their first operation, are stimulating upon the system. They quicken the circulation of the blood, and produce some heat in the body. Soon afterwards they become what is called sedative; that is, they diminish the action of the vital powers, and thereby produce languor and weakness.

The effects of spirituous liquors upon the human body in producing diseases are sometimes gradual. A strong constitution, especially if it be assisted with constant and hard labour, will counteract the destructive effects of spirits for many years, but in general they produce the following dis

eases :

1. A sickness at the stomach, and vomiting in the morning. This disorder is generally accompanied with a want

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