There is no question here, we must observe, of that delicate sense of shame which is the best preservative against every departure from rectitude. This has been worn out, and almost ceased to operate on the majority of persons who expose themselves to the penal laws of their country. It is the value of character as a commercial commodity, as a requisite for well-being, that alone has weight with them. Benevolent projectors of reform, more benevolent than logical, are fond of comparing a prison to an hospital; they contend that the inmates of either place are sent there to be cured, and that they should not be restored to society until they are restored, the one to health of body, the other to health of mind. Would they carry out the analogy to its fair completeness, and maintain that the patient from either hospital should be remitted to society with a character equally free from stain? Is the man to be received by the community with the same compassionate welcome who has gone into prison to be cured of a propensity to theft, as one who has entered an hospital to be relieved of a disease?

An hospital is a word of no inviting sound—and physic, no doubt, is sufficiently nauseous to be not inaptly compared to flogging, or any other punitive discipline: but nauseous drugs are not the only means of cure; good nursing, vigilant attendance, sometimes generous diet, have a large share in the curative process. And in the hospital of the mind, the lenitive and fostering measures have a still larger share in the work of a moral restoration. Were this principle of cure, of perfect restoration, to be adopted as the first principle of penal legislation, it would come to this, that a poor man would have no better way of recommending himself to the fatherly care of the state than by the commission of a crime, and that none, in the lower classes of society, would be so well trained and disciplined for advancing their fortunes in the world, as those who commenced their career by violating the laws of their country.

Imprisonment, with its various accompaniments and modifications, is the great reformatory punishment. Indeed, with the exception of death—confined almost entirely to the case of murder—it is the only punishment bestowed on serious offences. Imprisonment of some kind, either at home or in the colonies, is the penal safeguard of society; and we must be cautious that we do not so far diminish its terrors, that it should cease to hold out any threat to a needy malefactor. But before we allude to the discipline of the prison, we must take a glance at this great exception of death, which it is the object of many of our zealous reformers entirely to erase from the penal code.

That this extreme punishment should be reserved for the extreme crime of murder, seems generally admitted; and the practice, if not the letter, of our law has conformed to this opinion. It would be useless, therefore, to argue on the propriety of inflicting this penalty on other and less enormous offences. The question is narrowed to this—shall death continue to be the punishment of the murderer?

Those who contend for the entire abolition of this punishment, are in the habit of enlarging much on the inadequate effect produced upon the multitude who witness the spectacle of an execution. This is their favourite and most frequent theme. They seem to overlook the much more powerful effect produced on the imagination of that far greater multitude who never behold, or are likely to behold, an execution. It is curious to observe how pertinaciously a certain class of reasoners will dwell on the picture which a crowd presents at a public execution;—much like a crowd, we may be sure, at any other public spectacle. Whatever the object which gathers together a mob of the lowest class, they will soon begin to relieve the tedium of expectation by coarse jests, drunkenness, and brawling. Yet these descriptive logicians are never weary of painting to us the grotesque and disgusting scenes which the mass of spectators exhibit on these occasions, as if this were quite decisive of the question. That ragged children, who have never thought of death at all, play their usual pranks at the foot of the gallows—that pickpockets ply their trade in this as in every other gaping crowd—what has all this to do with the impression produced on the mind of every man and woman throughout the kingdom, by the knowledge that if he, through sudden passion, or the instigations of cupidity, take the life of a fellow-creature, he shall be—not a spectator at such an exhibition—but that solitary crawling wretch who, after having spent his days and nights in agony and fear, is thrust forward, bound and pinioned, to be hanged up there like a dog before the scoffing or yelling multitude?

We willingly concede that a public execution is not an edifying spectacle. The coarse minds who can endure, and who court it, are the last to whom such a spectacle should be presented. And, although the punishment might lose some portion of its terrors, we should prefer that the execution should take place in a more private manner; in the court-yard, for instance, of the prison, and before a selected number of witnesses, partly consisting of official persons, as the sheriffs and magistrates, and partly of a certain number of persons who might be taken from the several jury lists—the option being given to them either to accept or decline this melancholy office. This would be a sufficient publicity to ensure an impartial administration of the laws. The only doubt that remains is, whether it would be sufficient to prevent the spread of false rumours, and absurd suspicions, amongst the people. It is a prevailing tendency with the mob, whenever any one at all above their own condition is executed, to believe that he has been favoured and allowed to escape. Even in the face of the most public execution, such rumours are circulated. We understand that Mr Tawell is confidently reported to be living at this moment in America. Such suspicions, however ridiculous and absurd, must be cautiously guarded against.

After all, the mode of execution is but of secondary importance; arrange it how you will, it is a lamentable business. Like all other punishments, and still more than all other punishments, the actual infliction of it is an evil to society. When the law passes from the threat to the execution, it is a social disaster. The main point is, that we present to the imagination of every man a great threat—that of almost immediate extermination—if he lift his hand against his neighbour's life.

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