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nothing more from the judges than the expo sition of its meaning. It is as virtuous men, and not as expositors, that they can administer justice.

But it is not enough that we look only at this side of the question. Laws are intended to protect the life and liberty of the subject from the oppression aud prejudices of the executive authorities, as well as from the mischief of criminals. It has always been considered as a dangerous practice to entrust to one man, as in criminal judicature, the destiny, and perhaps the future welfare of men, some of whom may be guilty, while others are innocent. To prevent any undue influence of the judge, we have interposed between him and the prisoner, a jury of twelve men, chosen indiscriminately, who are directed to determine on the facts of the case; and this institution we are accustomed to regard as the bulwark of our liberties, and the pride of our political constitution. It ist not intended by the foregoing observations on the irreconcileableness of strict law with a virtuous administration of justice, to cast any imputations on this invaluable prerogative of Englishmen, that he shall be tried by his peers, but merely to check the sanguine

expectations of some of the friends of reform as to the capability of a written law. On the contrary, if the framers of our law will keep the imperfection of language in sight, there is no doubt but that many regulations might be introduced, which would not interfere with the most ample discretion of the judges, nor reduce them to the necessity of becoming verbal critics, instead of exercising their highest virtues. The representation I have ventured to make in the preceding pages is pressed upon the attention of the reader rather more earnestly, because it is one which is liable to be overlooked, and seems to me not to have been duly considered even by some politicians of considerable importance.

No doubt can possibly exist of the propriety of restraining our courts of law by explicit regulations; and the more likely men. are to be biassed in their opinions, the more necessary it is to interpose these securities. In questions arising out of political offences, it is to be feared, that even the purity of the ermine will not always and entirely prevent a leaning towards the inclinations of the Crown, which is the fountain of honors and of affluence. In these cases, therefore, it is absolutely necessary, that stricter rules, and

a more rigid interpretation of them, should be introduced, than is necessary in the administration of the criminal law, where the judge enters upon the case without any knowledge of the parties or the circumstances, and without any latent prejudices which will pervert his mind.

Whether it would be possible to adopt any system of penal law superior to that which now prevails, is not worth discussing, since whatever is done must be accommodated in the easiest manner possible to existing institutions. The practice of our courts has pointed out some palpable improvements, the introduction of which will be comparatively easy. The abolishment of death as a punishment for inferior offences is evidently one no less consistent with practice than with theory, and will after all be no such great boon to yield, since the executive power, if the punishment should remain upon the statute book, will be unable to employ it with any good effect, as long as the opinion of the public is opposed to such a system.

FF

CHAPTER VI.

Of imprisonment—of transportation-of the causes of failure in punishment—whether to be attributed to the government, the laws, or the people-of the conclusions to be deduced from the whole discussion.

AT the latter end of the fourth chapter I endeavoured to point out the advantages which belong to imprisonment as a judicial punishment; but as this mode has lately undergone some severe strictures, and the facts which have been published by some observing and unprejudiced philanthropists, have brought the practice into disrepute, it is necessary to endeavour to trace the cause of failure to its source, and to point out the means of improving the system.

Imprisonment recommends itself beyond all other methods of punishment, for various reaIn the first place, it is capable of the minutest divisions as to duration and degree

sons.

of suffering. It is completely restrictive; is capable of being remitted at any time; and may be made exemplary, and conducive to the moral improvement of the prisoner. To the confinement may also be added labour of various degrees and kinds, civil degradations, fines, and confiscation. Solitude, darkness, and regimen,* may also be occasionally employed, and the tendency of these to produce repentance and contrition is highly serviceable.

No other mode of punishment presents so many recommendations. The tremendous penalty of death cuts short nearly all hope of reformation, and though it would be arrogant to say that no cases of sincere contrition take place between the sentence and the execution, it is to be feared that by far the greater majority of convicts are "launched into eternity" impenitent and hardened; and that it is generally impossible, in the time that is allowed, even for the most apt teachers to convince them of their errors, or to communicate those high and noble sentiments which are the characteristics of

* See Note (L) Appendix.

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