The total abolition of the Punishment of death (excepting in military offences cognizable by Courts Martial) is a very prominent feature in this Code; which appears to have been founded in a great measure on the principles laid down by the Marquis Beccaria, in his Essay on Crimes and Punishments: That able writer establishes it as a maxim, which indeed will scarcely be controverted—"That the severity of Punishment should just be sufficient to excite compassion in the spectators, as it is intended more for them than the criminal.—A punishment, to be just, should have only that degree of severity which is sufficient to deter others, and no more"—This authour further asserts, "That perpetual labour has in it all that is necessary to deter the most hardened and determined, as much as the punishment of death, where every example supposes a new crime:—perpetual labour on the other hand, affords a frequent and lasting example."[20]
Doubtless, the fundamental principle of good legislation is, rather to prevent crimes than to punish.—If a mathematical expression may be made use of, relative to the good and evil of human life, it is the art of conducting men to the maximum of happiness and the minimum of misery.
But in spite of all the efforts of human wisdom, aided by the lights of Philosophy, and freed from the mist of prejudice or the bigotry of darker ages;—In spite of the best laws, and the most correct system of Police which the most enlightened Legislature can form: it will not be altogether possible, amid the various opposite attractions of pleasure and pain, to reduce the tumultuous activity of mankind to absolute regularity:—We can only hope for a considerable reduction of the evils that exist.—Let the Laws be clear and simple;—let the entire force of the Nation be united in their defence; let the Laws be feared, and the Laws only.
CHAP. III.
The causes and progress of small Thefts in London explained and traced to the numerous Receivers of stolen Goods, under the denominations of Dealers in Rags, Old Iron, and other Metals.—The great increase of these Dealers of late years.—Their evil tendency, and the absolute necessity of Regulations, to prevent the extensive Mischiefs arising from the Encouragements they hold out, to persons of every age and description, to become Thieves, by the purchase of whatever is offered for sale.—A Remedy suggested.—Petty Thefts in the country round the Metropolis—Workhouses the causes of idleness—Commons—Cottagers—Gypsies—Labourers and Servants; their general bad character and propensity to thieving small articles from their Masters, encouraged by Receivers.—Thefts in Fields and Gardens—Their extent and amount throughout England—Frauds in the sale and adulteration of Milk in the Metropolis.
IN a [preceding Chapter] the small thefts committed by persons not known to belong to the fraternity of Thieves, are estimated to amount to the enormous sum of £.700,000 a year.