Imágenes de páginas
PDF
EPUB

the effects of very ancient and violent revolutions of the earth. He endeavours to fupport his theory by an examination of the volcanic productions found in various other countries; and difplays much fpecious reafoning to fhew that, on this fuppofition, we may eafily account for the regular form, the ornaments, and even the supposed infcriptions, of these monuments of antiquity. The examination of this hypothefis, for which we confess ourselves utterly unprepared, we must leave to those travellers who have vifited the antiquities to which it relates; and we fhall only add our apprehenfion, that, fhould the world last many centuries longer, and fuch another genius for inquiry arife to enlighten it, pofterity may be informed, that Greenwich hofpital fprung out of the ground during an earthquake, and that St. Paul's church was ejected from the bowels of a volcano.

ART. X. Des Loix Penales: i. e. Effay on Penal Laws. By M. PASTORET, Mafter of Requefts, and Member of the Academy of Infcriptions and Belles Lettres. 2 Vols. 8vo; about 300 Pages in each. Paris. 1790.

AMONG all the various fubjects which engage the attention

of the philofopher, none is of greater importance to the happiness of mankind, than that which is here investigated; because none is more immediately connected with the great purpofes for which they enter into civil fociety, and fubmit to the reftraints of government. Yet in many countries, this important matter is left to be regulated by the inftitutions of barbarous ages, or at least of nations whofe manners, fentiments, and principles, were widely different from thofe of modern times. This was particularly the cafe in France; and, even in our own country, where we boaft a constitution which justly commands our admiration and attachment, and where the adminiftration of diftributive juftice is fo excellent, that it may be confidered as one of the greatest national bleffings that we enjoy, much reformation is neceffary. Many of the penal laws must be allowed to be deficient with refpect to the proportion between the crime and its punishment; and, notwithftanding their apparent feverity, every returning feffion affords proof of their being infufficient to prevent the commiffion of fuch offences as diminish that fecurity of perfon and property, which is one of the principal objects of civil affociation. Some fovereigns have lately fet examples of reformation in their penal codes: this is eafily effected where the legislative power is vefted only in one perfon: but when it is divided among many, and a fenfe of advantages enjoyed inspires a fear of innovation, 4

which

which checks them in their wish to amend even what they acknowlege to be amifs, the progrefs of reformation must be flow and gradual; though, when once effected, it refts on the moft certain and folid foundation. Let us then not lofe all hope that, ere long, legiflature may enter on a review of our criminal laws, and improve them in thofe particulars in which many wife and good men have confidered them as defective.

In the first of thefe volumes, the author lays down his principles of penal legiflation, and takes a brief philofophical and hiftorical view of the fubject. The general maxims on which he founds his fyftem, tend to promote a mild and humane, but ftrict adminiftration of juftice; in which, agreeably to the leading principle of Beccaria, the certainty, rather than the feverity, of punishment, is confidered as fufficient for the prefervation of public order. To the right of granting pardon to condemned criminals, M. PASTORET objects, as detrimental to the welfare of the community; and he fays, that in man, clemency is no longer a virtue, than while it is allied with juftice. He obferves, that to prefer the ease of an individual to that of the community, and to facrifice the duty of guarding public order, to the pleasure of conferring a particular favour, can by no means be deemed an exertion of that paternal power which becomes a monarch. Let the penal laws be mild, but never pardon, is a maxim on which he strongly infifts; and which he enforces by the confideration, that a pardon cannot rettore reputation, nor the confidence of fociety, to the guilty but only deprives the community of their fecurity from the future vices of the offender, in whom one motive to a virtuous conduct is confiderably weakened.

Whether a community has a right to put any of its members. to death; and if fo, how far does this right extend? are important queftions, on which this author beftows great attention. He allows that in feasons of civil commotion, as when a nation is ftruggling for liberty, or for defence against invafion, whether foreign or domeftic, and the authority of the law is interrupted by the tumult of contending parties, extraordinary cafes may take place: he grants, that if a citizen, by attempting to effect a revolution in the ftate, which may be dangerous to the nation, or deftructive of the rights of the people, becomes a formidable enemy, against whom no other fufficient fecurity can be had, the plea of neceffity will juftify the community in facrificing his life to the public fafety and happiness: but in times of national tranquillity, when government is firmly established, and the laws regularly adminiftered, M. PASTORET is of opinion that no fuch neceffity can take place, and that therefore no fuch right exifts.

Nn3

Many

Many writers have contended, that death ought to be the punishment of murder; and this author gives a fair view of the arguments adduced in fupport of this opinion. In answer to all thefe, he obferves, that the great ends of legal punishment are, to avenge the injured, and to reform the offender; by pains and privations to prevent him from again injuring fociety; and by exhibiting him as an example, to deter others from fimilar crimes. If all these ends can be obtained without putting the offender to death; if he can, not only be rendered incapable of injuring the community, but alfo be compelled to become ufeful to it; what right can it have to take away his life? Punishments deter from crimes, not fo much by their immediate feverity, as by their duration. The most powerful restraint on vicious inclinations is not the tranfient exhibition of a public execution, but the permanent example of offenders deprived of their liberty, and forced, by perpetual labour, to make fome atonement to fociety for the injuries which they have committed.

In the fecond volume, the author endeavours to establish a just proportion between crimes and punishments, and examines the relation of the one to the other in every point of view. In this part of the work, we meet with feveral excellent obfervations, on the abfurd and cruel manner in which some crimes áre confidered and punished by the laws of France. The abfurdity of reprefenting falfe coining as high treafon, does not efcape his notice: it is a very dangerous fraud, like that of forgery, and therefore ought never to escape without fevere punifhment: but we cannot think that the community has a right to inflict death for either of these crimes.

Fetters, with public labour during life, is the punishment which M. PASTORET would allot for thofe crimes, for which, in most countries, death is inflicted. The objections generally made against this kind of punishment are well answered: but, after all, its expediency in any nation must depend much on the particular circumstances of the people, and on the wildom of the regulations under which it is executed. It is certainly well calculated to anfwer every penal intention; and, as it admits of various degrees of feverity, it may eafily be adapted to every different degree of criminality in the offender. The obfervation, that it ought not to be allowed in a free country, because it renders flavery too familiar to the people, is no valid objection: the exhibition of fervitude, attended with infamy, and incurred by guilt, is perhaps the most certain means of rendering it defpifed and abhorred, and of infpiring a love of liberty, virtue, and public order. The great inconvenience to be apprehended from this mode of punishment is, that it may prove detrimental

to

to the honeft and laborious poor, by interfering with the means of their fubfiftence: but this difficulty might perhaps be obviated by wife and prudent regulations.

This work gives us a very high opinion of the humanity and good fenfe of its author; and we heartily recommend it to the attention of those friends of mankind, who, animated with a portion of that active and benevolent spirit which inspired the excellent Mr. Howard, endeavour to complete the good work in which he fo affiduously laboured, and by which he added. honours to his name, infinitely more illuftrious than any that monarchs can bestow.

ART. XI. Dr. INGEN HOUSZ's New Experiments and Obfervations in Natural Philofophy, Sc.

[Article concluded from the Review for October, p. 208. ]

THE

"HE preceding effay in this work having engaged fo much of our attention, on account of its nature and importance, we fhall give a very summary view of most of the other subjects in this collection.

The next article contains, Obfervations on the Manner of making Experiments on Atmospheric Air, made by M. J. Van Breda, M. D. of the city of Delft, and addreffed to M. INGENHOUSZ, in the form of a letter. We learn from this letter, that Dr. Van Breda propofed to examine the state of the atmosphere, at different periods and feasons of the year, by means of the eudiometer recommended by this philofopher: but he was furprized to find that the different results of his experiments were totally difproportioned to what could naturally have been expected; and oppofite to every other criterion. He found, for example, a difference of not less than nine degrees, between an experiment made on the first of October, and another made on the fifteenth, although neither the thermometer nor barometer indicated any remarkable change. After suspecting the nitrous acid employed, the eudiometer, and his own fkill, for fome time, without difcovering in them the cause of the above phenomenon, he directed his attention to the different kinds of water that he had ufed; and, by a series of experiments made with fpring, rain and distilled waters, he has afcertained the following important facts: ift, The column of air in the eudiometer was always longer when the experiment was made with fpring water than when made with rain water: 2d, The difference in the result was greater toward the end of the year and the beginning of autumn, than in winter or in the fpring: 3d, The column of air was short,

Nn4

when

when spring water was ufed, on the fame days on which rain water indicated that the column was fhort: yet, 4th, The refult of the experiments made with rain water was much more uniform than the other: 5th, The medium length of the column of air, in all the experiments made in the courfe of each month, was comparatively very fmall, when rain water was employed; and it was four times greater in spring water: but, 6th, Notwithstanding thefe differences, both indicated that the conftitution of the atmospheric air is better in winter than in fummer.

In confequence of the above discoveries, M. Van Breda very judiciously recommends to every one who would wish to make accurate experiments, to employ diftilled water; and he remarks, that unless this becomes the univerfal practice among philofophers, no comparative view can be taken of the falu brity of the atmosphere in different places, nor of the fame place at different times; and without this precaution, degrees of impurity may be charged to the atmosphere, which ought to be afcribed to the water employed.

On the Quality of the Air refpired.

The purport of this fhort effay is to prove, that the air proceeding from the lungs of animals is lefs vitiated in winter than in fummer; and the cause affigned is, that the air being purer in a winter's froft, returns from the lungs lefs charged with mephitic particles: for fuppofing the quantity of mephitic matter from the lungs to be the fame, the impurity of the air must be less.

On the Effects of the Agitation of Water on the Air.

M. INGENHOUSz obferves, that, in order to judge of the degree of refpirability of air, whatever method be employed for this purpose, it is neceffary first to difengage all the fixed air that it may be fuppofed to contain; because the prefence of this acid renders the refult very uncertain; and this may be done either by agitation in common water, or in lime water.' He prefers the latter, because lime water abforbing the fixed air with fo much promptitude, a fmaller degree of agitation will fuffice; whereas, in common water, agitation itself is injurious, more or less, to the air under the experiment. A table is fubjoined to this effay, fhewing the refult of various experiments.

In the next eflay, Dr. INGENHOUSZ adduces feveral inftances, to prove that the Quality of the Air contained in Water, is very different, according to the Difference of Water used for the Experiment.

The iflue will vary, according as the water is placed in the hade, or in the fun-fhine, as it contains vegetable substances and animalcula, or is free from them. The air obtained from

a fpring

« AnteriorContinuar »