occasionally made. It has been the general crime and folly of men that they have exalted the character of warriors, not only beyond all reasonable bounds, but in total disregard of all moral principle. This perverse and most pernicious decision originated in the depravity of man; but it is greatly increased and extended by various delusions. Among these delusions, one of the most common is, that military and naval commanders possess high and excellent qualities, and are, in short, truly great men. It cannot be denied, that talents of a certain kind are necessary to the execution of any complicated and extensive agency. But some military commanders, of no vulgar fame, are in reality very stupid men; and have very small claims to respect, on any other account, than because they have so fool-hardy a disregard of personal danger, and so total a destitution of the fear of God, that, for merely selfish purposes, they are willing to become butchers of their species. Many a hero, both in ancient and modern times, has been feasted and praised, enriched and ennobled, without having ever possessed higher qualities of the mind or heart, than are often exhibited by the adroit felon, in his cluding the officers of justice, or escaping from the massy walls of a prison; without having shown a fiftieth part of the bravery, which distinguished the buccaneers, or a fiftieth part of the self-denial and perseverance, which are common with the savages of our wilderness. Whence this preposterous elevation of what is worthless and noxious above all that is truly venerable, and really useful to mankind? The delusion will be in a great measure dispelled, if the community can be brought to see warriors as they are:-amidst all their boasting pretensions to greatness, how little! with all their affected nobleness of soul, how mean! in the reception of the highest honors and emoluments, how unworthy! After a thorough and deliberate perusal of any famous duelling correspondence, let the astonished reader pause, and ask himself: Are these the men, whom the people delight to honor?

CAPITAL PUNISHMENTS.

We have contended, at different times, that capital punishments are entirely inefficacious, as to preventing, or repressing, crimes. When the pirates were sentenced to death at Boston, about a year and a half ago, it seemed to be confidently believed, that the speedy execution of these men would put an immediate stop to piracy; and the public were, or affected to be, 'extremely desirous that the day of their death should be as early as possible. For ourselves, we utterly disbelieved, that piracy would be stopped in this manner. What have been the facts? Piracies have been multiplying all the while, in the most surprising manner. A few weeks since, there were about seventy persons, in five or six cities of the United States, under sentence of death for piracy; eighteen in one place, fourteen in another, &e. A single southern mail brings intelligence, that more than thirty of these men are pardoned, or reprieved. Of the pardon, or the reprieve, we give no opinion; for we know not the facts: but of one thing we are very sure, and that is, that the hanging of seventy, or of seven hundred, would not of itself repress piracy.

As to the effect of capital punishments, we quote the following testimony of an experienced lawyer in Great Britain; merely observing, that of late it has been customary for the British Parliament to get information on interesting subjects, by appointing committees, who would call before them able and judicious men, conversant with those subjects, and require their opinions in the form of testimony.

THE following is the evidence given before the committee of the House of Commons on the criminal laws:

James Harmer, Esq. was called in, and examined.

You are a solicitor, residing in Hatton-garden? I am.

You have had considerable experience in crown practice at Old Bailey?—I have,

For how many years?-Twenty years, within a few months, for myself; and upwards of three years previous to that time in the office of Messrs. Fletcher and Wright, to whom I was last articled.

Have you any observations to make, with respect to the effect of capital punishment?-I have; first as to forgery; it appears to me that the punishment of death has no tendency to prevent this crime. I have, in many instances, known prosecutors, decline proceeding against offenders, because the punishment is so severe. Instances have come within my knowledge, of bankers and opulent individuals, who rather than take away the life of a fellow creature, have compromised with the delinquent. Instances have occurred of a prosecutor pretending to have had his pocket picked of the forged instrument; in other cases prosecutors have destroyed, or refused to produce it, and when they have so refused, they have stated publicly that it was because the person's life was in jeopardy. I will relate a recent circumstance, that occurred under my observation at the Old Bailey. A person through whose hands a forged bill had passed, and whose appearance upon the trial was requisite to keep up the necessary chain of evidence, kept out of the way to prevent the conviction of the prisoner; it was a private bill of exchange. I also know another recent instance, where some private individuals, after the commitment of a prisoner, raised a thousand pounds for the purpose of satisfying some forged bills of exchange;-and they declared, and I have good reason to know the fact, that if the punishment had been any thing short of death, they would not have advanced a farthing, because he was a man whose conduct had been very disgraceful; but they were friends to the man's family, and wished to spare them the mortification and disgrace of a relative being executed, and therefore stepped forward and subscribed the before-mentioned sum. I have frequently seen persons withhold their testimony, even when under the solemn obligation of an oath to speak the whole truth; because they were aware that their testimony, if given to its full extent, would have brought the guilt home to the parties accused; and they have therefore kept back a material part of their testimony. In all capital indictments, with the exception of murder and some other heinous offences, I have often observed prosecutors show great reluctance to persevere, frequently forfeiting their recognizances; and indeed I have, on many occasions, been consulted by prosecutors as to the consequences of refusing to conform to their recognizances, that is, to appear and prosecute the prisoner.

When you speak of the cases of myrder and other heinous offences, do you mean offences accompanied with violence to the person, or which are likely in their consequences to inflict serious injury?—Certainly:-those are the offences to which I allude; I know that many persons who are summoned to serve as jurymen at the Old Bailey, have the greatest disinclination to perform the duty on account of the distress that would be done to their feelings, in consigning so many of their fellow creatures to death, as they must now necessarily do, if serving throughout a session; and I have heard of some who have bribed the summoning officer to put them at the bottom of the list, or keep them out altogether, so as to prevent them discharging this painful duty; and the instances I may say are innumerable, within my own observation, of jury men giving verdicts, in capital cases, in favor of the prisoner, directly contrary to the evidence. I have seen acquittals in forgery, where the verdict has excited the astonishment of every one in court, because the guilt appeared unequivocal and the acquittal could only be attributed to a strong feeling of sympathy and humanity in the jury to save a fellow creature from certain death. The old professed thieves are aware of this sympathy, and are desirous of being tried rather on capital indictments, than otherwise; it has frequently happened to myself in my communications with them, that they have expressed a wish that they might be indicted capitally, because there was a greater chance of escape. In the course of my experience, I have found that the punishment of death has no terror upon a common thief: indeed it is much more the subject of ridicule among them, than a serious deliberation; their common expression among themselves used to be,-"such a one is to be twisted," and now it is, "such a one is to be topt."

VOL. XVI.

39

The certain approach of an ignominous death does not seem to operate upon them, for after the warrant has come down for their execution, I have seen them treat it with levity. I once saw a man, for whom I had been concerned, the da before his execution, and on my offering him condolence, and expressing my sur row at his situation, he replied with an air of indifference, "Players of bowls must expect rubbers." Another man I heard say, that it was only a few minutes, a kick and a struggle, and it was all over; and that if he was kept hanging for more than an hour, he should leave directions for an action to be brought against the sheriffs and others; and others I have heard state, that they should kick Jack Ketch in their last moments. I have seen some of the last separations of persons about to be executed, with their friends, where there was nothing of solemnity in it, and it was more like parting for a country journey, than taking their last farewell. I heard one man say, (in taking a glass of wine) to his companion, who was to suffer next morning, "Well here's luck." The fate of one set of culprits, in some instances, had no effect even on those who were next to be reported: they play at ball, and pass their jokes, as if nothing was the matter. I mention these circumstances to show what little fear common thieves entertain of capital punishment; and that so far from being arrested in their wicked courses, by the distant possibility of its infliction, they are not even intimidated at its certainty; and the present numerous enactments to take away life, appear to me wholly inefficacious. But there are punishments which I am convinced a thief would dread, and which, if steadily pursued, might have the most salutary effect; namely, a course of discipline totally reversing his former habits. Idleness is one of the prominent characteristics of a professed thief-put him to labor. Debauchery is another quality, abstinence is its opposite-apply it. Dissipated company is a thing they indulge in-they ought therefore to experience solitude. They are accustomed to uncontrolled liberty of action-I would consequently impose restraint and decorum:-and were these suggestions put in practice, I have no doubt we should find a considerable reduction in the number of offenders; I say this, because I have very often heard thieves express their great dislike and dread of being sent to the house of correction, or to the hulks, where they would be obliged to labor, and be kept under restraint: but I never heard one say he was afraid of being hanged. Formerly, before Newgate was under the regulations that it now is, I could always tell an old thief from the person who had for the first time committed a crime; the noviciate would shudder at the idea of being sent to Newgate, but the old thief would request that he might be committed at once to that prison, by the magistrate, because he could there associate with his companions, and have his girl to sleep with him; which some years back used to be allowed or winked at by the upper turnkeys; but since the late regulations, certainly I have not heard of such applications being made by thieves, because now they are as much restrained and kept in order in Newgate, as they are in any other prisons. From my observation, I am quite certain that a thief cannot bear the idea of being kept under subordination. As to transportation, I with deference think it ought not to be adopted, except for incorrigible offenders, and then it ought to be for life; if it is for seven years, the novelty of the thing, and the prospect of returning to their friends and associates, reconciles offenders to it, so that in fact they consider it no punishment; and when this sentence is passed on men, they frequently say, "Thank you, my Lord." Indeed this is a common expression, used every session by prisoners, when sentenced to seven years transportation.

For the Panoplist.

THE EVIDENCES OF EARTHLY SUFFERING.

SOMETIMES, when passively receiving impressions from surrounding objects, I catch the varied expressions of countenances which meet my eye in my morning walk, or when I visit the crowded exchange. Among the thousands of faces, which thus unconsciously discover some of the feelings of the heart, I am often grieved to observe the large number which indicate mental inquietude.

22

Occasionally I see strongly depicted the terrors of a guilty conscience, secking to hide its apprehensions beneath a fictitious show of mirth; but at intervals the mask falls, and the anguish of the soul breaks through all restraint. In the discomposed features and distressing sighs, which occasionally escape them, are discovered anxious bodings of evil to come. The spirit is troubled. The images of departed days flit across the field of mental vision, and although the rapid succession would seem to allow little opportunity for lasting impressions to be made, nevertheless, the effects of any serious recollec-. tion show, that the pangs of guilt are not always to be trifled with. On the visage of another I observe the sadness of disappointment. His downcast look and wrinkled brow seem to tell, that, though he may once have known happier days, those days and their attendant pleasures have long since departed. The sunny region, through which he once was passing, is exchanged for a dreary waste, in which "no verdure quickens, no salutary plant takes root." The same fields, in which were expected rich harvests of profit, or of honor, have yielded only thorns; and where the longing eye has sought in vain for cheering fruits, not even a single blossom has for a long time revived the fainting courage.

Although I am very ready to allow, that the expressions of the countenance are an exceedingly imperfect index to the disposition, still, some hints may be taken from them by those much conversant with mankind. The general conclusions occasionally to be drawn from the whole observations of a skilful physiognomist, would go to show how much more positive suffering exists in the world, than is generally supposed.

But to learn the extent of human miseries, no sound mind would rest its ultimate decisions on so fluctuating a basis as these casual appearances. Man may, and often does, keep up the appearance of cheerfulness and show external signs of a mind at ease, when in truth he is exceedingly wretched. The sad evidences of suffering in this fallen world are not confined to a small number of solitary facts; they meet us at every corner of our daily walks; stare us in the face wherever we turn; and the more accurate knowledge any one has of the human character, the stronger will be his conviction of the preponderance of suffering in the world. X.

PHILOSOPHICAL INTELLIGENCE.

Lunar Atmosphere.

DR. FERMINGER, late assistant to Dr. Maskelyne, at Greenwich, has published some observations relative to a supposed lunar atmosphere. He says, "I have observed in occultations of stars at the moon's bright limb, that their light diminishes as they approach towards the moon, and in a few seconds before the occultation they appear very small, and seem to vanish gradually; but I always considered this appearance to arise from the superior brightness of the moon, compared with that of the star when very near its enlightened limb; the apparent magnitude of the star being rendered almost a point at the instant of its

disappearance. On the other hand, when the star emerges at the moon's dark limb, it emerges with almost its full splendor. The appearance is also the same, when the star immerges at the dark limb behind moon. Whether the star has immerged or emerged at the moon's dark limb, the appearance has always been instantaneous. In all the eclipses of the sun yet recorded, the circular section of the sun formed by the moon's limb is always regular and well defined; which I think would not be the case, had the moon an atmosphere sufficiently dense to occasion a refraction." Chr. Observer.

Mendicity Society.

THE Cheltenham Mendicity Society, in the course of the first year of their exertions, have registered 921 cases, which have undergone the most accurate investigation the Committee could effect. Of these, 357 were married persons, and 196 widowed, having families of children amounting to 951, in general dependent on them for support. Though the attention of the Committee has been almost exclusively directed to mendicants, yet in many instances, applications have been made to the society by persons not coming within its rules, yet evidently objects of charity, who have received private relief, by individuals of the Committee, but in no case from the funds of the Society. Others have been received into the poor house, till the Committee could consider how best to dispose of them. Some, on account of incorrigible idleness, evident imposition, repeated drunkenness, or habits of profligacy, have been rejected. Some deeply distressed but deserving characters, have been enabled to redeem their pledged goods, tools, or clothing, and have returned to their labor. Some able and willing to work, but out of employment, have been relieved and recommended to employment. Some, being notorious vagrants, have been committed to the house of correction, so that the town has been very generally relieved from that horde of beggars, which have hitherto infested its streets, and public walks. The whole expense of these operations amounts only to 101. ib.

Encouragement of the Arts in Vienna.

TaɛCorporation of Arts and Trades has received an order from the Government to collect the productions of nature and industry, for the purpose of exhibition, in order to diffuse knowledge and excite emulation. We suppose the idea is taken from the occasional exhibition of works of French industry at the Louvre, begun in 1799, and which is considered to have produced signal advantages to the manufacturers of that country. The French lay great stress upon the progress of wool and cotton spinning within the last few years. Amongst the woolen stuffs, clothes and Cashmere shawls were exhibited. The most remarkable were made from Spanish wool: also a cloth, called lapis lazuli, from its resemblance to that production. Cashmeres were in great variety, and of various textures. The French chiefly pride themselves in the superiority they profess to have obtained in this particular branch.-The spectators at the Louvre were shown,in detail, the