hibit the doing of any act, by affixing punish ment to the commission of it, their fiat is decisive, and the whole community is bound by it otherwise there would exist an imperium in imperio, that is to say, some persons would exercise a power paramount to that of the King and Parliament. But by the supposition, the supremacy of the state resides in the King and Parliament; therefore, whatever they exact possesses the force of law, and every member of the body politic is bound to acknowledge and obey their decrees."-This argument is plausible; and the apparent logical precision by which it is enforced, is calculated to give it currency among superficial thinkers, who are either unable or unwilling to undergo the fatigue of investigating the true principles of legislation. Unfortunately for the happiness of mankind, the ignorant and indolent constitute nine-tenths of the species, who are satisfied with embracing the opinions of their forefathers, and so long as they themselves enjoy the comforts and luxuries of life, never disturb the monotony of their ideas by reflecting on the general condition of society. Men of this description reconcile to themselves this disgraceful indifference, by endeavouring to persuade themselves, that what proceeds in reality from sluggishness, arises from a modest distrust of their own powers, and a respectful deference to the opinions of popular writers. In order to establish and illustrate the truth of the proposition, which denies the right of legislative interference in matters of religious opinion, it will be necessary to examine somewhat closely the leading principles and fundamental maxims of penal jurisprudence.* In the earlier periods of society, when the true principles of legislation were unknown, punishments were vindictive and sanguinary. The lex talionis corresponded with the rude notions of a barbarous age, and an eye for an eye, and a tooth for a tooth, appeared a perfect standard of retributive justice. The cul * The reader must not forget that belief is an involuntary operation of the mind, and consequently, that there are certain propositions which every man must acknowledge to be true, whether he pleases or not. For instance, no man can deny that all the parts are equal to, and no more than equal to the whole; or that a son is necessarily younger than his father. If any system of religion were established in which these impossible and contradictory propositions were declared to be consistent either with reason or faith, and eternal damnation pronounced against all who doubted them; and if, in order to compel the laity to assent to these monstrous absurdities, the legislature were to fine and imprison all the heretics, it is very possible that the certainty of pre tivation of the fine arts and the advancement of literature, tended to soften the asperities of human nature; and in proportion as civilization extended its influence, humanity followed in its train. Didicisse fideleter artes, Emollit mores, nec sinit esse feros. The trial by ordeal, the use of the rack, and other instruments of torture, were discontinued, and during the last century, the labours of Beccaria and Montesquieu prepared the road to a complete reform in criminal jurisprudence. To them Europe is principally indebted, as being the first who gave a deathblow to the reigning prejudices; but notwithstanding their valuable exertions, and the writings of several philosophers who have sent, and the dread of future punishment, might induce the prudent or the timid to make a public declaration in a church, or a court of justice, in favour of the orthodox nonsense. Those who had an interest in supporting the doctrines, would affect to rejoice at the conversion of their enlightened brethren; but those who were guided by common sense, would charge the proselytes with perjury. It is by this compulsory system, which identifies politics with religion, and makes the latter subservient to the former, that reliques, images and pictures, have become objects of adoration. succeeded them, the grand problems of penal law, are by no means generally understood. It is obvious, on the slightest reflection, that there are only two possible ways in which punishment can be inflicted: either by pecuniary or corporeal penalties. Hence arises that maxim in English law: Qui non habet in crumena, luat in corpore-Those who are rich, must make compensation in money; those who are poor, must atone for their offences by incarceration, or bodily labour. In different countries, and at different periods, three systems of criminal law have prevailed, each of which has had its admirers. The first, breathing the spirit of Draco and of barbarism, affixed the punishment of death to every violation of the law. The second, somewhat less ferocious, inflicted certain, severe, disgraceful, or durable punishments: this has been called the principle of intimidation. The third, which is at present the popular plan, by the establishment of Sunday-schools, penitentiaries, and other systems of instruction, expects to prevent crime by moral reformation. But the grand desideratum in penal It would be foreign to our subject to enter into any minute discussion of the present state of the criminal law; law is the adaptation of punishment to crime; for it must be observed, that all punishment is an evil, and that the only consideration which but we cannot forbear adding our small mite of praise to those benevolent individuals who have not suffered their exertions to slacken, because the government have exhibited a disgraceful indifference to the calls of humanity. There can be no doubt, whatever the small wits and the lovers of antiquity may say to the contrary, that the general diffusion of education can alone diminish the frequency of crime. Venienti occurrite morbo, is the maxim of practical wisdom, both in physics and in legislation. When a man meditates the commission of an offence, he calculates the profits and loss of his enterprize: for it is absurd to suppose that the most reckless and hardened delinquent would ever expose himself to the vengeance of the law, without balancing the value of the expected booty against the chance of detection. Therefore he is influenced, as all other men are, by motives: the hope of gain is the motive that incites to violate the law; the fear of punishment (that is the loss) is the motive that admonishes him to remain an honest man. If the former motive predominate, the crime will be perpetrated: if the latter prevail, the enterprize will be abandoned. It is quite clear, that uneducated men, because they cannot distinguish between general and particular consequences, are not so much under the influence of moral restraint, as educated men: therefore it is the duty of government to extend knowledge. If the money which is spent in building gaols, were expended in founding and endowing schools, instead of witnessing the vice and sufferings of malefactors, we should behold the virtue and happiness of honest and industrious citizens. Extend education; enable the youth of the country to feel practically, in their own persons, that even in this life virtue produces more pleasure |