laws, in their prefent ftate; but it is carried too far. If plough-tackle in the field, or cloth in the tenters, have intrinfically a certain worth; yet they should be fenced by penalties, in a much greater proportion to their worth, because the one cannot be easily removed, and the other is prepared for the packer by the morning air. The fame reasoning will apply to the horfe and the ox; nor was the reply of the judge, on this account, improper: Friend,' fays he, ' you are not banged for stealing this horfe, but that horfes may not be ffolen. Some other reasons ought to be alledged to leffen the mafs of abfurdity, which the Obferver seems to have detected in our penal laws; yet he has fhown fufficient intricacy to require explanation, and fufficient injuftice to be corrected.

In his attempts to combat the author of the Thoughts on other grounds, he is more fuccessful. What he fays on the fubject of alleviating punishment, deferves attention if there are but few fimilar inftances, they will certainly leffen the force of his antagonist's objections.

:

The writer has taken pains to collect together a great variety of inftances of villains having abufed the royal mercy; and he does not feem to have found one folitary inftance of a man's having been reclaimed by pardon, and faved from an ignominious death to become a useful and worthy member of fociety. Nor would it be very furprising if he knew of no fuch inftance; becaufe, in the hiftory of the vulgar, as well as of the great, it is the daring and the profligate who make the most confpicuous figure. The crimes of the highwayman and of the conqueror, of Cæfar and of Cartouche, command the notice of mankind; while no regard is paid to the virtues of the peaceful patriot, or of the induftrious mechanic, who never Яtep out of the

"Secretum iter, et fallentis femite vita.”

The reformed thief, who fincerely refolves to atone for his paft crimes by his industry, and by the regular performance of all his focial duties, from the moment he forms that refolution ceases to attract the public atttention. It does not follow, therefore, because the writer has found no fuch inftance, that many do not exist. One has lately appeared, where one would Jaft have fought for it, even at the Old Bailey. In the year 1782, a man was convicted of a robbery, and was condemned to die; but, as there appeared in his cafe fome favourable circumftances, his fentence was mitigated, and he was fent for feven years to work upon the Thames. In laft May, however, he was again arraigned at the bar of the court for having been found at large before the term of his punishment had expired, and was again condemned to die. And, what the writer of the Thoughts will probably exclaim, can be faid in favour of fo incorrigible a villain?The facts proved upon his trial, and

Which are thefe: the moment he had escaped from the lighter, he addreffed himself to a watchmaker, whom he entreated to teach him his bufinefs: the request was granted; and the fugitive applied himself to his new trade with fach indefatigable affiduity, that in a few weeks he gained fufficient to fupport himself; and from that time, till the moment he was taken, he had employed himself in fuch unremitting labour, that he had not itirred out of his room for eight months together.'

The Obferver attacks him alfo in his other pofitions. If the punishment certainly followed the offence, offences would be less numerous; but, adds our author, we can never attain this certainty. Evidence will be fometimes circumftantial, and fometimes deficient: the offender, like the gamester, will continue to play with the odds against him, till he falls into the pit prepared for him. Yet it cannot be denied, if conviction was not alleviated by many circumftances, and if punishment always followed it, the laws would be a greater fource of tertor, and more effectual, in their first great object, that of preventing crimes. It would then only remain a question, whether this approximation to fecurity would be adequately compenfated by more numerous fufferers; and this question muft ultimately revert to the original one. We gain, therefore, nothing by fhifting our pofition: what follows is, however, more pointed and pertinent.

The fyftem fo earnestly recommended has been tried, tried in this very country, and tried without the leaft fuccefs; for, in the cafes of forgery, and robbing the mail, the law has been always executed with the utmost severity, that the most unfeel ing rigourists could wish, ministers being even afraid to pardon fuch offenders, on account of the clamours of trading people, governed by fordid paffions, and by the rage of intereft; and yet thofe crimes were never more frequent in England than they have been during the last twenty years. From this experience we may, I think, fairly conclude, that the measure, if adopted, could not be efficacious: let us, in the next place, fee how far it would be juft or legal.'

Much may be alledged in oppofition to this argument; for, within the period limited, the fituation of the kingdom, in every respect, has led more ftrongly, has held out a greater temptation to these crimes than in former ages; and it must ftill remain to be examined, whether the number of culprits has borne an adequate proportion. In our opinion, however, this argument is a very weighty one, and deferves great regard, as it is a partial trial of the suggested plan.

The Obferver next examines the authorities of Plato and Cicero, Montefquieu and Beccaria, which were adduced in the Thoughts. From the paffages referred to, it is pretty

clear,

clear, when they speak of the ftrict execution, it is of mild and gentle laws. The juries, our author thinks, would also defeat the intention of the judge, if every convict were certainly punished; for conviction would not be fo frequent, and the jurymen would quiet their confciences on a perjury, which was the means of preventing murder.' Those who have attended the Old Bailey, or even perused a feffions paper, will readily agree with him it is not easy, in many cases, to guess at the foundation of a verdict, except it be to alleviate the punishment; and this tenderness forms no part of the oath of a juror.

We have mentioned the principal circumftances in which thefe authors differ. The neceffity of publishing the defign, by which every convict is neceffarily and unavoidably punished, we have formerly infifted on; and, with refpect to the privilege of reprieving, exercifed by the judges, their opinions are not very different. It is properly observed, in the work before us, that, if the king has the power of pardoning, a reprieve is generally neceffary for his exerting that power.

Having ftated the arguments, with thofe obfervations which, after mature reflection, have occurred to us; having candidly and difpaffionately placed the difpute on what feems its proper bafis, we ought not to decide. Each author concludes, that a remedy is wanting; and neither will probably approve of the means fuggefted by the other. We have enlarged on the subject, if possible, to render it of importance; to draw the attention of others not yet engaged in its confideration, and to procure additional fecurity for the quiet, the induftrious, or the helpless part of mankind. The mifchief is alarming; it is at our own doors, and requires a speedy and effectual remedy. We fully agree with our author, in first recommending a thorough and complete revifion of our penal laws. In other refpects, we fufpect his plans are not fufficiently efficacious to crush the evil.-We have already hinted, that robbery is become a fyftem: it is fupported and carried on by numerous fubordinate agents, who by concealments, advice, information, and other means, concur, unfufpected, in the most villainous defigns. We fear, that the most vigorous and violenţ measures will alone fucceed; but we fhall extract fome judicious remarks from our author: if they will not remove the nuifance, they may leffen it.

• The means of removing this evil are plain and obvious—to fupply the poor with employment; to prevent them from plunging into drunkennefs, gaming and idleness, which are the forerunners of every other vice; and, above all, to fupprefs

thofe

thofe disorderly houfes and feminaries of thieves, which are no torious to all the officers of the police, but which it is the interest of all of them fhould continue, and should thrive. But to effect all this, one of two things is abfolutely neceffary; either gentlemen of character, of property, and of education, muft in every part of the kingdom undertake the very important duties of juftices of the peace (for by fuch alone can thofe duties be properly discharged) or fome different fyftem of police from that which now prevails must be established.

To fuppofe that they, who make the office of justice of the peace a lucrative employment, will ever execute that office properly, is to fuppofe, that men engaged in a profitable trade will exert themfelves to the utmost to ruin that trade, or to abridge its profits. That a mercenary juftice fincerely wishes the reformation of the lower ranks of mankind, is what no one can imagine, but he who is credulous enough to believe, that there are African traders, who in their hearts lament the hardfhips and cruelties which negro flaves undergo.

If indeed perfons of the defcription which I have mentioned cannot be found to act in the commiffion of the peace, fome other fyftem of police must be reforted to. Not, however, a fyftem confined merely to the metropolis, as if it were matter of indifference what vices were fuffered to range through every other part of the kingdom; nor one fupported only by extraordinary and formidable powers lodged in the hands of new-erected magistrates appointed by the crown; but fome general and permanent fyftem, founded upon the principles of our ancient conftitution.'

We must now take our leave of the subject till additional information fhall induce us to refume it. We must again confefs that we have received much information from this little volume; and are only forry that we cannot join in the praises of the letter annexed, with the warmth of our Obferver.

A Philofophical, Hiftorical, and Moral Efay on Old Maids. In Three Volumes. 8vo. 10s. 6d. Cadell.

THIS very refpectable fifterhood has at laft found a friend, an advocate, a panegyrift; he is fufficiently interested. in their favour to examine the various effects which neglect, or extreme delicacy, which difappointed love, or over`weening ambition may have produced; while as caufes, though apparently oppofite, and feemingly inconfiftent, they have concurred in promoting a state of joyless celibacy. But he does not leave his fubject imperfect: the office which has been long delayed, is now completely executed; and the HISTORIAN OF THE OLD MAIDS examines their fituation in the most remote eras, draws each fecluded veftal into view,

dif

difplays each venerable monaftic in the glare of day. Could the retired nun have anticipated the moment, when her calm repofe was thus rudely to be difturbed-Could the hermit, whofe object was to be concealed from all mortal eyes, have fufpected that his retirement would be invaded, and his errors expofed in open day, how acute would have been their feelings, how poignant their terrors! but, on the other hand, could the panegyrift of virginity have fuppofed, that in the moft fashionable circles, and in the moft fceptical age, that his rude labours would have been read with admiration, a, dorned by the most exquifite polish of a language in its highest state of refinement, his heart would have glowed with the unexpected honour; he would have triumphed in reflecting, that he has to live again, even on the verge of oblivion. But we can now only afcertain their feelings by conjecture; sa that we must no longer wander in thefe pleafing but vifionary fhades, where the imagination embodies every rifing fancy, and gives to airy nothings the attendant frailties of huma nity.

Our author, in his enquiry, has taken a moft extenfive circuit, and has exhausted the philosophy, the history, and the morality of old maids. Perhaps he would have pleased us more, if he had pleafed us lefs; but as this is, we believe, the only modern work on the subject, as it is a fyftem, and, like all other fyftems, must be the ftandard to which every thing of the kind is to be referred, we ought not to complain of its balk; if the author had been a German, three huge folios might have been the refult of his enquiries. When we fay, that this is the only modern work, we ought to have mentioned a collection of periodical effays, under the title of the Old Maid, in which there are some attempts, ? to unfold

The fage and ferious doctrine of virginity.'

But the light occafional effufions of this author are not to be compared with the fyftematical enquiries of our present hif torian.

The effay is dedicated to Mrs, Carter, who, like Diana, is reverenced in a three-fold character, as poet, philofopher, and old maid. The Introduction follows, in which the hif torian of the Old Maids (we beg for particular reafons to be allowed to hail him with this title) gives a detail of his plan, in fuch a concise manner that we shall beg leave to tranfcribe it.

I devote myself, with a new fpecies of Quixotifm, to the fervice of ancient virginity. It is my intention, in the follow