death has no second; while, according to other views, and according to another method of classifying crime and punishment, death is not the greatest punishment, and still less the best, either as respects the culprit or the community.

The opinions we have now expressed merely point in a very general and distant manner to the defects of the present Report, and to what we think are the great principles which are alone entitled to constitute the foundation of a comprehensive criminal code for a civilized people; among whom, however, there are innumerable grades in point of feeling, refinement, and knowledge. We conclude with some extracts from what is said on the subject of punishments, that are short of death, as set down before us; not, however, for the purpose of fixing upon them any particular remarks, but to show the justice of the general criticism we have just now volunteered.

"After diminishing (diminishing!) the number of capital offences, the punishment of those from which the capital punishment is removed, becomes an important object of attention. This subject leads us to notice the existing law and practice as to the infliction of secondary punishments, having reference to specified gradations of crime, and upon an uniform system."

The want of proper discrimination in the allotment of secondary punishments is lamented, and then comes the outline of the plan which is to be proposed.

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It appears to us that it would be desirable for the reasons already adverted to, that a scale of punishments should be established, by which the different gradations of crime should be more distinctly marked, and settled according to some uniform system."

The Commissioners look upon transportation as a very inadequate punishment to fill up the chasm between loss of life and loss of liberty for two years; and think that the offences cognizable by the superior criminal courts, and by courts of quarter session, should be distinguished into four classes, thus

"That the first should consist of such as were capital, in accordance with the principles already considered:

"That the second should be punishable with imprisonment for a term of ten years or more, or transportation for life; and should include burglaries, robberies, arson, &c. committed under such defined circumstances of aggravation as might render them worthy of the punishment second in degree:

"That those of the third class should be punishable by imprisonment for a term not exceeding ten years, nor less than two, or by transportation not exceeding fourteen years, nor less than seven years; and should consist chiefly of ordinary burglaries and robberies, &c. :

"That those of the fourth class should be punishable by imprisonment not exceeding two years, transportation not exceeding seven years, or

fine; and should consist of simple thefts, and of offences not included in any of the three preceding classes:

"That with regard to any of the abovementioned offences as should be made punishable by imprisonment, solitary confinement and hard labour might be added to the punishment, according to definite rules."

At the conclusion of the Report, a longer period between sentence and execution is recommended.

We have now noticed some of the most important topics discussed in this Report, which contains, no doubt, at least a large portion of those views and suggestions, upon which the measure that is soon to be submitted by government to the legislature, as already promised since the meeting of parliament, is to be based. How many more Reports the Commissioners have in store, that are likewise to be brought forward for the information of the public, and as lights to guide our lawmakers, we know not; but if the theoretic disquisitions, the commentaries, and suggestions of these forthcoming tomes, be as verbose, tautological, and inconclusive as their predecessors are, or if they preserve a strict consistency, we do not anticipate that the great expense to which the commission has already put the country will ever be repaid by the fruits of its labours. In our preceding observations, we have glanced at some of our objections to the present Report; and were our readers made acquainted with every paragraph in it, they would readily discover more imperfections and errors in principle and speculation than have been pointed out by us. In returning, however, to some of the portions above quoted, there may be found sufficient matter for an extended review, and for warranting the fear that the Criminal Law of England is not destined to be speedily put upon a footing so good or beneficial as that which society requires, or of which the community is susceptible.

Among other faults that may be reasonably expected in any law which is to be framed in accordance with the suggestions in this Report, we doubt not of complexity, confusion, ponderous enactments, and such subtleties as will open a wide door for misconceptions in point of construction, and dextrous evasions being among the number, when merely regarding particular promises made by the Commissioners. Take, for example, the phrase "to be particularly defined," or some equivalent terms, which often occur in this lengthy volume, and generally where the greatest niceties and difficulties will arise, and then reflect upon, not only how much the legislature will have to do, but the probability of its frequently doing wrong. The final consequences of the inaccuracy and subtlety which we refer to, will consist of far more convictions and far more acquittals upon trial than heretofore, because there will be a far greater number of crimes committed under such com

plicated and badly defined laws than there is at present, arguing upon the same grounds that the Commissioners themselves have judiciously taken and forcibly illustrated. But it is by referring to the principles, rather than the details of the contemplated measures, that the strongest objections arise in our minds; and this brings us back to the consideration of a certain foundation, which we think is able and calculated to support the best, and indeed the only enlightened system of penal laws that can be instituted for a civilized, and especially a Christian community. Regarding the perfect principles, and the pure philosophy spoken of, we shall now endeavour to make ourselves more fully understood, than when previously asserting the excellence of such foundations.

We maintain that the whole system of penal legislation should have for its basis and directory those pure and eternal elements of justice which Christian morality and Christian doctrines teach, instead of those cruel, vulgar, and absurd notions, which traditionary prejudices, and current fallacies engender. This, we maintain in consistency, not merely with an unimpeachable theory, but from watching the statistics of crime, and the character, as well as the operations of the laws, in this and other countries.

The proper object of punishment is to enforce obedience to the laws. The proper object of laws is to maintain social order and personal security. The proper foundation and directory of laws is justice-justice of the same quality and character as that which the Supreme Being exerts in his government of the moral world. But what is the nature of Divine justice-what its elements? Benevolence and wisdom, not revenge. Benevolence seeks to establish the greatest amount of happiness, and wisdom directs the necessary means, by the appointment of proper sanctions; whereas revenge is the natural expression of hatred on account of an injury received, and therefore instead of restraining, it multiplies and entails injuries and evils. Now, the Almighty cannot be vindictive, because he is far above the reach of injury. But do we not read of God's vengeance. "God is jealous, and the Lord revengeth; the Lord revengeth and is furious: he will take vengeance on his adversaries, and he reserveth wrath for his enemies." Let it be borne in mind, however, that the sacred writers could only make use of ideas which were within human experience, and which the human mind alone could understand. When alluding, therefore, to the Divine attributes, we naturally transfer to the Deity the transcript of our own moral feelings. Our first natural idea of justice is a feeling equivalent to revengewe feel that returning injury for injury will be a satisfaction to us. The history of criminal law is illustrative of how strongly human nature cherishes this sentiment. Among barbarians, revenge has its amplest reign, its severity usually being proportioned to the

power of the injured. But when the consequences of this measureless sort of punishment began to be weighed, a law was passed, which enacted that the revenge should not exceed the injury in severity. Lord Bacon says, "Revenge is a species of wild justice, which the more man's nature runs to, the more ought law to weed it out." After the enactment of the lex talionis, or the law that restricted revenge to tooth for tooth, and eye for eye, and some other methods of mitigatory punishment, as well as setting bounds to the everincreasing amount of injuries which naturally resulted even under the lex talionis-such as the appointment of places of refuge for unintentional offences-philosophy stepped forward, guided by the spirit of true religion, and taught that the punishment of any criminal should never be greater than is necessary for the public weal, or, in other words, for maintaining and enforcing the observance of wise laws. Thus the principle of revenge has gradually given way, and the purpose of punishment been regarded by reflecting minds in a light much more akin to the character of Divine justice. Still among the best informed, the term justice is apt to contain the idea of retribution and satisfaction of just anger, so as at least to amount to legal revenge. Even when such persons reason as we have been doing in behalf of a far purer principle, it requires an effort of their philosophy to correct the latent natural approbation of retaliation; while the ignorant and the wicked can see nothing so proper when suffering in their own interests and persons, but a return at least of equal severity against the offender, without ever reflecting for a moment whether this return and recompense will benefit society or lessen the number of injuries. But be assured the closer that private individuals and legislators imitate the attribute of justice in God, the more effectually will they repress and prevent crimes; and his justice, as before said, consists of the greatest possible amount of benevolence and wisdom.

Human laws should assuredly be formed according to the Supreme model; and the question now arises how are those laws to be framed, so as best to accommodate themselves to man's peculiar nature and circumstances. There are two points acknowledged and oft repeated in the present Report, the simple mention of which sets the mind upon the path, that if directly followed out, will, we venture to assert, lead to the wisest measure, whether lineal or collateral,-measures, simple, intelligible, and impressive. The first is this the chief defect of human government is the difficulty of conviction, and the consequent hope of escaping punishment. The second, it has always been found that extreme severity is less effective for the prevention of crimes or violations of the law than moderate punishment, with increased probabilities of conviction. We are not called on, neither are we in circumstances that would enable us to build a system of penal laws upon the foundation, and

under the guidance above indicated; but we feel perfect confidence in such views and principles; being also of opinion, that until they are strictly and singly acted upon, crime will not decrease, though sanguinary punishments must; because the complication of our laws, and the false position of their bases, will continue to shelter the hotbeds of all sorts of offences.

ART. II.-Rambles in Egypt and Candia; with Details of the Military Power and Resources of those Countries, and Observations on the Government, Policy, and Commercial System of Mohammed Ali. By C. ROCHFORT SCOTT, Captain, H. P. Royal Staff Corps. 2 vols. Colbourn.

LANE'S account of the Modern Egyptians has been so lately reviewed by us, that our readers may suppose we might have found, among the multitude of books which are every month issuing from the press, a subject more novel and engaging than that which forms the principal part of Captain Scott's work. It is perfectly true that Egypt has been from the earliest days of extant history, the field of research, and the theme of uninterrupted wonder. Antiquaries, soldiers, merchants, scholars, and restless spirits of all sorts, have traversed and excavated the mud of the empire of the Pharaohs, till it may be presumed there is not a spot, in the valley or on the banks of the Nile, that has not been dug up, nor a feature in the manners of the people that has not been limned a hundred times, whether these have been studied as preserved by carved and painted stone, or human bodies mummied or alive. Nevertheless, we are bound to state that the volumes before us possess no small share of interesting merit. There is even a considerable degree of novelty both in the matter and the manner of them, owing not merely to the writer's method and habits of observation, but to the nature of the points he discusses.

The interest and the novelty which belong to these volumes do not, however, arise from any discoveries, or even any extraordinary display of thought in treating of that which is old, but consist of something that is not less valuable, though it be less imposing and not so generally admired-we mean, an independence of mind, a direct application of that mind to the plain aspect of things, and a freedom and manliness, not unmixed with humour, in giving expression to its dictates, and in embodying its observations. The consequence of this straight forward and active mode, is, that an unusual amount of information is communicated, and this too with uncommon liveliness and distinctness. There is much of the soldier in Captain Scott's work, and many symptoms of varied knowledge and accomplishments-practical aswell as speculative. But, perhaps, we like him chiefly because of his strong common