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Stamps indelible infamy, ignorance, and difgrace, on the fovereignty that ordains, and the power that executes it; and with thofe who have fludied hiftory and mankind, neither produces the good intended, nor leffens the quantity of crimes; for in proportion to its cruelty, though momentary, the guilty often go unpunished. The certainty of a fall punishment makes a deeper impreffion, and from its continuance holds out a fuperior terror to others, than the black, the difmal, and vindictive punishment of death.'

Having fhewn that no legiflature can have a right to take away the life of a man for offences of human inftitution, Mr. Dawes contends, in warm rhetorical language, that the crime of rape fhould not be punished capitally. To a carelefs reader his arguments on this head would appear immoral. Certainly, fathers and brothers feel indignantly at an offence of this fort, on account of their wives, daughters, and fifters; and when perpe. trated, as Mr. Dawes fays, by violence, it is deferving á certain and exemplary punishment under death.

A ravisher, says Mr. Dawes, is not that horrible creature as is a murderer; he neither killed, nor intended to kill; his crime proceeded not from hatred or revenge, but the agonies of luft or coneupifcence: in one, nature is diftorted; in the other, she is only animated; tortured in the will and thirft of blood, by the one; fired and excited by the object in the other; both are inevitable, but that feeks enjoyment in death, this in the vigour of life; defire kindled in each the will to flay or enjoy, will be obeyed; it is above terror, and nothing but fetters or fuperior force can repel its being fulfilled? Is death then neceffary for what nature inforces in her important operations? Can man confent to the lofs of life as a punishment for his prefervation, where it is not concerned? Shall death be arbitrarily impofed for actions, whofe only guilt is their being natural? Or fhail men lofe their lives for the licentioufnels of paffions they cannot controul, but whofe indulgence nature commands as a pleasure, while reafon, unlike the forbearance of other acts, vainly echoes a retreat and parley as a pain ?"

In regard to the woman, he says,

The woman fuffering under fuch an aft, if wife, will prefer her filence to re

venge; the will, if fhe fee the confequences of making it public, let her offender go free; fhe will forgive him for a violence which her endearments alone excited; and pity herself and him, in lamenting that they ever met; he will conceal it for the fake of her future character, welfare, and happiness, and never think of facrificing thefe, by profecuting her ravisher to conviction and death! Horrid thought indeed, in a tender mind, and fuggefted only in the brain of those, who forgetting themselves, or being below the injurious effects premifed, refolve, through intereft or difappointment, to purfue it, even to the destruction of a fellow creature, which neither cleanfes him of his imputed guilt, repairs the imagined injury, or terrifies others from following his example, under the fame circumfances, and committing a rape; particu larly when, as in him, defire is whetted, importunity fails, paffion encreases, opportunity is favourable, and natural force is employed to procure the certain effects of a certain caufe in an ardent and outrageous mind. His purpose gratified, compunction is filent; no horrors torment him, because he is fenfible of no crime; paffion abated, reafon fteps in; but laments, and not condemns, that he ob-. tained by force, what would have rendered his joy poignant, in proportion to a mutual acquiefcence.

It is curious enough to obferve with what alacrity Mr. Dawes fkreens himself from reproach for the freedom of his thoughts on the crime of rape, which he might otherwife be fuppofed to encourage, by substituting seduction as a much more effectual weapon than force, which he ne vertheless thinks criminal.

But it is not, fays he, because feduction is preferable to force, that it fhould be altogether defended; it is morally criminal, and often proves more injurious in its effects, than the exertion of violence with which the fame object of defire may be procured. To what but feduction are we to afcribe the condition of the many unhappy women who are doomed to forrow, fhame, and repentance; women, who liftening to the voice of their feducers, have relied on man's gratitude to pay them for their peace and honour facrificed to him. Their wretchednefs excites compaflion; they carry in their hearts, notwithstanding they externally fhine in pleafure, the fad teftimony. that nothing can make reparation for their innocence and virtue loft. Yet for this moral offence of feduction, the agent goes unpunished. His defires gratified, he flies from the injured woman, who had

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bleffed him at the expence of herself; a. bandons her to the fcorn of her fex and pity of his own. Punishment here operates on the innocent, who giving up all to love and him, fuffers for what he alone is guilty of. Seduction therefore is morally as well as legally criminal, and entails more latting mifery on the feduced woman, in whom chastity was moft amiable, but worfe fortified, than if he had involuntarily but momentarily been fubdued by force. Tears and anguifh perpetually follow the former; revenge and fadden refentment against the latter will die away, and time erafe them from the injured mind.'

On theft and robbery, we find little more than an explanation of the laws relating to them, except that property acquired by occupancy or otherwife, if loft, is better compenfated for by labour and imprisonment than death, which is a profit to no man but the executioner.

But in regard to forgery, Mr. Dawes has accurately diftinguished that a mere intent to complete an injury by it, not being injurious, is only a misdemeanor and not a crime.

After defcribing forgery, he fays,

The real and only crime of forgery, is the making or altering a writing to the prejudice or injury of another's property or right, and not the mere making or altering that writing. A man may make or alter a writing, and never let it efcape him; he may exhibit it with intent only to impofe on private opinion, as an intellectual fraud. All this is admitted by the law; but, fay the lawyers, it is the utterance, or exhibition of it, with intent to defraud another of exclufive property, that raises the crime, as much as the fuccefs of it. If they would say, it raifes the criminal intent, which if interrupted on its full career, would only be a mifdemeanour, and not a capital crime, they would be more logically and truly accurate; but to maintain that a mere counterfeit deed, uttered ineffectually, is fuch a crime, as much fo as if the intent of that counterfeit and utterance were fulfilled, is confolidating the ideas of perfect and imperfect actions, and indifcriminately punishing them alike; and alfo men, for what they either do or do not, contrary to the fpirit of the law in the cafe of murder, the mere intent to commit which is not punishable at all; and contrary to all the laws of nature and reafon.'

Mr. Dawes is of opinion, that imprifonment, labour, confifcation, and bapichment, would better anfwer the end of

punishment; and that the power and measure of it in thefe inftances are unquestionable. He explains himself on the principle of neceffity, by which no human actions, when committed, can be otherwife than they are.

It is the connexion of caufe and effect, fays he, the minds of men and their actions, that makes them what they are and will be.

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The bulk of mankind are creatures of habit, and flaves to conftituted evil by custom, which with them is a fecond nature. It is from hence that they fupply the criminal court with bufinefs, and be ing generally governed by a depraved confideration and judgment, they fall into actions which are morally punishable. If it be afked, whether a man who did an act yefterday that he difapproves of today, cannot avoid doing the like to morrow; it may be answered, that he freely may or may not ;-he is at full liberty to do either, and if that determination remain in his mind till the morrow, and he have the fame opportunity as yesterday, he will act accordingly, and not otherwife; yet, in both cafes will the action be inevitable, and as an effect immediately be connected with its caufe, which is the determination. But how is the determination to be rightly directed? It is always, and in all cafes, prefumed to be fo.-Experience then will render a man virtuous; it certainly tends to makes him improve his judgment: yet fo ftrong is prefent temptation over the weaknefs of a human being, that it drives away intermediate reflection, revives the determination of yel terday in his mind, and changes his refolution of to-day not to determine the like to-morrow; but when to-morrow comes, his violation is the fame, and he neceffarily, but freely, acts as he acted yefterday. This is liberty and neceffity, not fate or predeftination, as fome would ignorantly have it.'

Our author then takes a view of the criminal laws of England, and lamenting with Sir William Black!tone, the difuetude of Alfred's institution of decennaries, he observes,

So particular a lift of crimes as the provifions of the English laws are intended to prevent, convinces us, that there are few or no conftituted evils but men will commit in fpite of every penalty. There are fome it is impoffible they fhould not commit, and others to which they are led by the neglect of the magiftrate; the deftruction of Alfred's inftitution of decennaries and frank pledge, and the abufe of liberty in a country where the

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ftudy of nature, which abounds with every object of human happiness, is either unthought of, or eftranged from the mind by focial, falle, artificial, and deceptive views; from whence it follows, that what the rigorous and impatient hand of man contrives, in order to prevent the evils created by man, is fruftrated by man's contrivance, who not being as ftudious in procuring obedience to his own laws, as he is violent in making them, muft ever behold them broken by his fellows, which makes it indifputably neceffary, that no punishment for offences of human shape hould be inflicted but what is corporal and living.'

Julia, or the Penitent Daughter : An affecting Hiflory, concluded from our la, Page 199, alluded to in the Letter from a Female Penitent, inferted in our Magazine for February, Page 79, which pro duced the admirable Anfwer from the truly excellent M. Arnaud.

AUMAL was thunderfiruck. Julia

Drecovering, and throwing herfelf at

his feet, Yes, my brother,' faid he, you fee this guilty, this wretched fifter, whofe only hope is now in death, and whofe laft figh will be for you, and for virtue. I deteft thefe witneffes of my fhame,' tearing away her ornaments, and throwing them with indignation from her. My brother, I can no longer merit the name of fifter; but if you love me not, at leaft you (hall pity me. I will go, and embrace the lowest fituation.' Daumal, clasping her in his arms, and weeping with her, could only utter, Oh! my fifter! Ah! do you ftill call me fifter, too generous brother? But fpeak-my dear parents-I hudder at their very name. I fee-I fee them reproaching me. And have I been the death of my mother? O my brother, I am not worthy of you. I will die will die here at your feet. Daumal, lifting her up, and re. garding her with a look of tenderness and compallion, I have faid, my fifter, that repentance can atone for guilt. Come, let me lead you to the bed of your unfortunate father. What do you fay? my father - Yes: he has not long to live. They had been informed of what we mult forget. My poor mother died of grief, and my father came to Paris to inform himfelf-to die in your arms, my fter. Do not abandon yourself to defpair. He will yet fee you-he will forgive he will love you.'

Each kept in the other's embrace, weeping bitterly. Their tears for fome time rendered them incapable of fpeaking. Julia at length found utterance: "You fhall fee, my brother, that I will yet be worthy

of you. Why did I ever enter this fatal city? Oh, my wretched aust, cannot I give back your perfidious favours, and return to that poverty, which was once my pride?

Julia leaves her brother. She difmiffes her fervants, fells her furniture, affumes the plaineft drefs, and haftens back to Daumal. I have fome money,' faid fhe, my father may want it. Let me propofe,' answered her brother, with fome emotion, that it be given to the poor. May it expiate !'. -Stop, my brother, am I not fufficiently humbled? Your de licacy is but too juft. I was apprehenfive that my father' While I have a drop of blood in my veins, replied Daumal, railing his voice, I will tell it for my father; but you would wound him if→→→

Say no more. I know what I am-a wretched creature-degraded from the rights of humanity. I cannot die too foon. My brother, wound me not deeper yet I have not long to live. But how will my father receive me? With ten

derneis-as wis daughter.

At this inftant, an ecclefiaftic enters the apartment. I have at laft found you, Madam,' faid he. I intreat you to follow me; you, and Monfieur, your brother. There is not a moment to lofe. You will reftore peace to a troubled mind." Julia and her brother yield to his earnest entreaties. The good prieft leads them to a coach; they alight at the extremity of one of the fuburbs; they afcend a gloomy ftair-cafe, and enter a garret, where every thing appeared the picture of woe. A dying voice was heard: Ah! Madam, blefied be God, that, before I expire, I can implore your pardon. 'See, Sir,' continued the dying perfon, turning to the priest, fee virtue itself, that I have corrupted by my abominable arts.'

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Madam de Sauval !' exclaimed Julia; in what a fituation! Yes, Madam, I am that wretch, who plunged you into an abyfs of vice. I have received my punifhment in this world, the dreadful fore. runner of eternal anguish. You see my deplorable poverty. It is all the fruit of 50 years, fpent in criminal intrigues. There is not a day in my life that will not rife up in judgment against me. I knew, Madam, that you had found your brother, and that you were returned to virtue, to that God, who punishes me, and from whom I had torn you. Your penitence will difarm his anguish; but, ah! wretched me! what can I hope from his mercy? Pardon is not for me. I am rejectedI am cut off for ever.

The charitable prieft endeavours to confole her, and fpeaks of a merciful

God,

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