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CRILLON-CRIME.

CRILLON, Louis de Balbe, one of the greatest warriors of the 16th century, and the friend of Henry IV, was born in 1541, at Murs, in Provence, of a respectable family of Piedmont. Being a younger son, the name of Crillon was given him from an estate belonging to the family-a name which he so ennobled by his exploits and virtues, that the heads of the Balbe family adopted it for their own. The army called Crillon the man without fear (l'homme sans peur). Charles IX, Henry III and queen Margaret called him simply le brave; but Henry IV gave him the surname of le brave des braves. His independence and nobleness of spirit were equal to his bravery, and his humanity and virtue were not less famous than his heroic achievements. He was distinguished in five successive reigns-those of Henry II, Francis II, Charles IX, Henry III, and, above all, in that of Henry IV. In his first campaign (1557), he contributed much to the speedy conquest of Calais, by a bold deed of arms. He was the first to storm the breach. Here he encountered the commander of the fort, grappled with him, and threw him into the moat. The English had employed 11 months in the reduction of the place. The French retook in 8 days. Crillon subsequently distinguished himself in the battles of Dreux (1561), Jarnac (1563), and Moncontour (in 1569), against the Huguenots. As a knight of Malta, the young hero gained renown in the crusades against the Turks. Selim II had taken Cyprus from the Venetians. The terror of the Moslem arms filled all Europe; a coalition was formed, and the famous naval battle of Lepanto fought in 1571. Crillon, in this action, displayed prodigies of valor, and, though wounded, was appointed to carry the tidings of the great victory to the pope and the king of France. Pope Pius V and the king of France (Charles IX) loaded him with honors and favors. The massacre of St. Bartholomew (1572), the preparations for which had been carefully concealed from Crillon, was loudly reprobated by him. We find him, the following year, at the celebrated siege of Rochelle, and, subsequently, in various military operations, where there was need of courage and enterprise. Henry III ventured to propose to him the murder of the duke of Guise, which had been resolved upon by the estates of Blois. "I cannot stain my honor with a deed of shame" was his answer. He fought heroically for Henry IV against the league. After the battle of Arques, in Normandy, Henry wrote to him-"Pends

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toi, brave Crillon, nous avons combattu à Arques et tu n'y étais pas. Adieu, brave Crillon, je vous aime à tort et à travers.' He succeeded in throwing himself into Quillebœuf, which was defended by a small force against marshal Villars. Villars summoned the city to surrender, representing to Crillon that it was impossible for him, in an almost open place, with a comparatively feeble garrison, to hold out against his army: Crillon's answer was, Crillon est dedans, et Villars est dehors." Villars ordered an assault, but was repulsed, and the siege was raised. The young duke of Guise, who was with Crillon at Marseilles, when a Spanish fleet was cruising before the place, indulged in a frolic, which afforded new proof of the heroism of Crillon. Guise rushed, with some of his young friends, about midnight, into the warrior's sleeping apartment. They hastily awaked him, and exclaimed that all was lost; that the Spaniards had made themselves masters of the harbor, and of all the important points in the city: rescue was impossible. The young duke now proposes to Crillon to make their escape together. Crillon rejects the proposal with indignation. "It is better," he cries, "to die with arms in our hands than to survive the loss of this place." He arms himself, and rushes down stairs, when the laugh of the young duke discovers the jest that had been played upon him. Crillon turned with a serious air, seized the duke by the arm, and said, "Young man, never amuse yourself with trying the courage of a brave man. By Heaven, had you found me weak, I would have plunged this dagger into your breast!" Finally, when the wars which had shaken Europe were terminated by the peace with Savoy, Crillon returned to Avignon, where he died in 1616, in his 75th year. History represents this hero as a brilliant warrior, a wise counsellor, true to his word, and faithful to every duty. He did not desert Henry III when his crown seemed to be lost. He was faithful to Henry IV when he had nothing but in prospect. Nevertheless, his independence sometimes became rudeness. He was exceedingly sensitive on the point of honor, and any phrase which looked like an insult would make him draw his sword. He was remarkable for his profanity, and, in the last days of his life, swore with his favorite oath never to swear again. Next to Bayard, Crillon is the greatest character of his class, to be found in French history.

CRIME. [The present article is from the German, and, of course, was written by a European lawyer, and has reference to

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the jurisprudence of the European continent.] Crime is generally used to designate an act of guilt, which offends the laws both of God and man. It implies freedom of will, and a power of distinguishing between right and wrong. Hence young children, madmen and idiots cannot commit crimes, neither can persons in a state of great intoxication.* But the circumstances under which full imputability or responsibility shall commence cannot be decided by general rules, but each case must be judged by itself. To constitute a crime, there must be an intention manifested by an outward act. If the intention be wanting, the act is merely accidental. If the outward act is wanting, there is nothing for human tribunals to punish. Mere intention does not come under their cognizance. There are, moreover, many acts of guilt committed, in every community, which are not of a nature to be made the subject of legislation, and cannot be brought before the courts. On the other hand, there are, in every state, certain actions, in themselves naturally indifferent, but which are forbidden and punished as injurious to the community. These form the greater part of the class of mere offences against the police regulations. Many actions, in themselves indifferent, may, however, by reason of the heavy penalties attached to them, be classed among crimes in the technical and juridical sense. The degree of punishment imposed on any crine should be proportioned to the degree of injury voluntarily inflicted. It is a matter of importance to decide whether an uninterrupted series of illicit acts is to be considered as the continuation of a single crime (delictum continuatum), or as several crimes of the same kind (delictum reiteratum). In the former case, there would be only one punishment; in the latter, several. But the award of several punishments, if capital, cannot be executed by more than one punishment of death; and, if the punishment consist in a deprivation of freedom, the confinement can only be prolonged. According to the scientific principles of law, it would be, perhaps, most correct to consider the several crimes as constituting a whole, deserving only one punishment, to be proportioned to the amount of guilt (pana major absorbet minorem), although the majority of learned jurists is, at present, of another opinion.—Quasi delicta are injuries which must be repaired by their authors, * Drunkenness is not admitted as a ground of acquittal, or even of mitigation of punishment, either in England or the U. States.

though the intention to perpetrate an illicit act need not be evident. The Roman law has made such provisions in various cases. (See Criminal Law.) Punishments themselves may be divided into criminal or civil, or police punishments. The criminal or severe punishments are such as have great crimes for their object. They may be divided into, 1. capital punishments (see Death, Punishment of): 2. deprivation of liberty simply (as in the case of imprisonment, and exile from the country), or accompanied with hard labor (for instance, labor in a work-house, a treadmill, &c.), or sharpened by the infliction of pain (for instance, the punishment of laboring in the work-house, with stripes at the entrance and exit, or hard labor, with an iron chain round the neck): 3. punishments inflicting mere bodily pains, or corporeal punishments, such as mutilation (which, however, is discarded in well ordered states) and whipping (the latter is frequently applied in inferior crimes, or on young persons not yet entirely corrupted): 4. punishments affecting the honor. All punishments of crime, indeed, have this character; but, in some cases, the punishment consists mainly in the degradation. Of this latter sort are, 1. such punishments us have for their object to work complete degradation; for instance, the breaking of the armorial bearings of a noble family by the hangman, branding, and the public flogging usually connected with it, deprivation of decent burial, civil death, hanging in effigy: 2. such as are intended merely to withdraw some particular civil honor; as loss of nobility, exclusion from guilds and corporations, removal from office: 3. such as have for their object merely humiliation and chastisement. The latter sort may, according to the rank of the criminal and the magnitude of the crime, be connected with corporeal punishment; for instance, the pillory, &c.: or they may be of a different kind; as suspension from office, church penances, judicial reprimands, begging of pardon, recantation of injuries, &c. This latter class of punishments is intended chiefly for the correction of the person chastised. The highest degree of degrading punishments is always to be considered as equal to loss of life. 4. Civil death is a fiction of law (fictio juris), by means of which an individual can be considered as really dead, with regard to all or some of the common legal privileges. This is not always to be considered as a degrading punishment, since any one can give occasion to a sentence

CRIME.

of civil death by absence or neglect. This, however, in such instances, has no effect beyond the case which gave occasion to the sentence. 5. Fines in money are not always attended with a loss or diminution of honor. They are imposed principally on usurers, counterfeiters, libellers, adulterers, forestallers, persons guilty of frauds against the revenue, and other frauds, of adulterating wine, of carrying on trades which they are not entitled to exercise, and on many offenders against the police regulations and the feudal institutions. Except in the case of high treason, fines or confiscations do not usually embrace the whole fortune of the offender, and are mostly limited to the instruments with which the crimes were perpetrated. A colorable transfer of property which has become liable to confiscation will not protect it. Civil and police punishments are such as are inflicted for petty offences, and can be imposed by the civil judge. They are chiefly-1. fines; yet a corporeal punishment, when changed by the sovereign into a fine, retains the character of a criminal punishment, without being generally connected with ignominy; 2. imprisonment; for instance, civil confinement, arrest, which is not connected with criminal imprisonment; 3. such fines as are neither equivalent to a corporeal punishment, nor can be changed into one; 4. condemnation to mechanical and agricultural labors, or chastisement with stripes, confinement within jail limits, or confinement to a country, city or district, by which a person is laid under an obligation not to pass over certain limits; 5. removal from office without infamy; G. temporary suspension from office; 7. reprimand from the court; 8. recantation before the court, or publicly; 9. apologies ordered by the court. Punishment can be inflicted only upon the perpetrator of a crime, and his accomplices. Fines, which have not been imposed during the life-time of the criminal, cannot be exacted after his death, unless, in order to escape punishment, he commits suicide, or endeavors to delay the judgment in other unlawful ways. If the laws of the place where the crime has been committed, differ from those where the criminal is tried, the milder punishment is usually preferred to the more severe. The severity of the laws of a country ought not to add to the severity of the punishment of a crime committed abroad. In the case of crimes of a very deep die, the punishment is determined by the general law. Punishments are also divided into ordinary or legal, and discretionary punishments.

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The former are expressly provided by the law for any case that may occur; the latter are pronounced by the judge, in cases in which the legal punishment cannot take effect, or in which the punishment is left to his discretion. Alterations in the legal punishments take place, 1. when the object of the punishment would not be obtained by its application; 2. when the execution is impossible, or, at least, very difficult; 3. when the execution would be injurious not so much to the criminal as to some innocent individual; 4. when the rank or the personal relations of the criminal require an exception. Before making such an alteration, however, the inferior court or judge must first obtain the opinion of the higher court. Punishments do not take effect in case, 1. of unlimited remission or pardon; 2. of a mitigation of the sentence; 3. of entire abolition, or the stopping of all proceedings, by the sovereign power; 4. of the expiration of the period within which process can be instituted, which is generally 20 years; 5. of the restoration of the offender to his former rank; 6. where the party is provisionally discharged, but remains liable to be put again on trial, if new evidence should be produced; 7. of the death of the criminal, unless he was convicted of high treason, or unless the case was one in which the punishment was to have been executed in effigy; 8. in the case of small offences, the punishment may be remitted upon an accommodation taking place between the parties, or upon a request for pardon coming from the offended party; 9. corporeal punishments are remitted, in general, when the criminal, before the execution of the sentence, becomes insane or sick, to such a degree, that the infliction of the punishment might prove fatal to him. In such a case, fines are usually substituted for corporeal punishments. The obligation to repair the injury done to the offended party, does not become extinet with the punishment.--[The foregoing article contains a summary view of the theory of crimes, and of the principles applicable to them, derived from the civil law, or the jurisprudence of continental Europe. The admission of drunkards into the class of persons not responsible for the acts which they commit, on the ground that the injuries which they commit are not accompanied with a rational intention, is liable to much objection. The common law has decided that, as it is a voluntary madness, resulting from the vice of the party, he shall not excuse one offence by setting up another. But a dis

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tinction is taken between a crime committed when the party is in a state of actual intoxication, and a crime committed when he is insane, and his insanity is remotely caused by an indulgence in habits of drunkenness. In the former case, he is deemed culpable, in the latter, not. The principle that there are degrees in crime, is not always sufficiently attended to, and codes of penal law often assign very disproportionate punishments to offences. The criminal code of England has been justly stigmatized as sanguinary, as it punishes capitally crimes of very different magnitudes. It seems to have been regulated, in a great measure, by the principle of terror, and not of reform. In the U. States, punishments are comparatively mild. There are very few crimes punished with death. No state punishes capitally more than 10 or 12 offences. The other punishments are generally fine, imprisonment, confinement in a house of correction, hard labor, &c., in penitentiaries for a term of years or for life; and the punishments are proportioned, both in length of time and degree, to the offence. In many of the American states, the punishment by the pillory is abolished; and in all, the tendency is to avoid disgraceful punishments which are cruel. The constitution of the U. States has expressly declared, that excessive fines shall not be imposed, nor cruel and unusual punishments inflicted. The common law provides that every offence, which not punishable by law in any other manner, shall be punished by fine or imprisonment, or both, at the discretion of the court before which the conviction is had, according to the aggravation of the offence.] (For more information on this subject, see Criminal Law.)

Crime, the Statistics of. This forms a very interesting subject, which has not been as yet sufficiently investigated to enable us to give as accurate an account as we could wish of the comparative amount of crime in different countries, and of the numerical proportion of the different kinds of crime. In deducing inferences from such views, we should keep in mind the general condition of different countries, and not arguc, for instance, against the moral state of a rich and populous country, because many crimes against property are committed therein, nor against that of a poor and thinly peopled region, because it affords comparatively numerous instances of personal violence. For the study of the statistics of crime in France, we would recommend

the Compte générale de l'Administration de la Justice criminelle en France, which has been published annually, since 1825, by the keeper of the seals. It gives an excellent view of all the criminal processes in France. For England, we have the returns to parliament, of which an abstract has appeared, for two years past, in the Companion to the British Almanac, published under the direction of the society for the diffusion of useful knowledge (London). For America, we do not know of any more complete statement, than that given in the Annual Reports of the Prison Discipline Society (Boston), though it has not yet been in the power of this praiseworthy institution to give a complete view of the nature of crimes in all the states. Respecting Germany and many other parts of the European continent, much information is to be found in the Jahrbücher der Straf- und BesserungsAnstalten (Annals of Establishments for Punishment and Correction), by Nicholas Henry Julius (Berlin), published in monthly numbers-a very excellent work, embracing a wide extent of information. The same writer has collected, in a highly judicious manner, a great number of statements respecting crimes, prisons, houses of correction, common schools, &c., both in Europe and America, in his Vorlesungen über Gefängniss-Kunde, &c. (Lectures on the Subject of Prisons), by doctor N. H. Julius, Berlin, 1828. The last report of the keeper of the scals in France, for 1828, contains the following information. The courts of assize decided within the year 6396 cases. number of individuals accused was 7396, being an increase of 467 above those of 1827. The proportion of the persons accused to the whole population, was, in 1827, as 1 to 4593, and in 1828, as 1 to 4307. Among the 7396 persons brought to the bar of the courts of assize, 5970 were men, and 1426 women, being in the proportion of 100 to 24. Among these, 4166 could neither read nor write; 1858 could write and read but imperfectly ; 780 were well instructed in the first clements of knowledge; and 118 had received an education in colleges, or otherwise superior to that supplied by primary schools. Of the 7396 prisoners, 2845 were acquitted, and 4551 convicted. Of the latter, 114 were condemned to death, 268 to hard labor for life, 1142 to hard labor for different terms, 1228 to solitary imprisonment, and the rest to different kinds of correctional penalties. The proportion of acquittals to convictions is as 30

The

CRIME.

to 61. Of the persons convicted and condemned, 3833 appealed to the court of cassation against their sentences. Among the 114 condemned to capital punishment, 17 were persons who had already been sentenced to penalties less severe. The chambers of the first instance discharged, before trial, 16,409 persons who had been arrested, or against whom informations had been lodged. The police cases or charges, decided within the year, amounted to 95,589, including 132,169 persons. This is an excess of 9162 over those of the preceding year. Among the facts, of which justice was called upon to verify and state the causes, were 4855 accidental deaths, 1754 suicides, and 86 duels, of which 29 were fatal. Late reports to the English parliament contain the following Return of the Number of Persons charged with Criminal Offences committed for Trial, whether convicted or acquitted, and the Num ber executed in England and Wales, with a similar Return for Ireland, in the years

1827 and 1828.

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1828.

15,151 . . 13,832
2,770.. 2,732
17,921..16,564

12,564.. 11,723
3,407.. 3,169

1,950.. 1,672

17,921 .. 16,564

1827.

70

79

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demned to death,

In England, of 11,095

150 1,200

Of those condemned to death in France, executed: in England, of 1,200, only 57 it would appear that the greater part were were executed. Of the crimes for which the punishment of death was inflicted, we find, in the French statement, murder, 11; attempt to murder, 88; parricide, 4; infanticide, 6; poisoning, 11; false money, 9; robbery on a public road, 1; other robberies, 2; arson of houses, 17; arson of other descriptions, 1. The English statement, besides the crimes contained above, contains, burglary, 10; forgery, 1; horse-stealing, 7; larceny in a dwelling-house to the value of 40 shillings, 5; rape, 2; sheep-stealing, 3. In France, it appears to be the practice to condemn, in the first instance, to the punishment intended to be inflicted. For instance, in France, robbery on the highway gives, condemned to death, 1; hard labor for life, 30; for a term, 8; solitary confinement, 5; correctional punishments, 22. The English gives, robbery on person, on the highway and other places, sentenced to death, 144; executed, 15.-Of secon2,245 dary punishments, France gives, hard 3,078 labor for life, 281; for a term, 1139; solitary confinement, 1228; to the pillory, 5; banishment, 1; degradation from civil rights, 1; correctional punishments, 1478. In England, we have transportation for life, 133; for 14 years, 185; for 7 1945; imprisonment 5 years, none; 3 years, 11; 2 years, and above 1 year, 297; 1 year, 1201; 6 months and under, 5813; whipping and fine, 310.-With respect to terms of imprisonment, we find in the French statement, For 20 years, .

1828.

14,598 . . 11,919
3,433 .. 2,764

18,031 .. 14,683

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10,207 9,269
3,059
4,461

Bailed and not prosecuted, 304

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18,031 .. 14,683

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