SOME ADDITIONAL REFLECTIONS

ON

THE EXECUTIONS.

HE great number of sufferers seems to arise from

THE

the misfortune incident to the variety of Judicatures, which have tried the crimes. It were well, if the whole had been the business of one Commission; for now every trial seems as if it were a separate business, and in that light, each offence is not punished with greater severity than single offences of the kind are commonly marked: but, in reality and fact, this unfortunate affair, though diversified in the multitude of overt acts, has been one and the same riot; and therefore the executions, so far as regards the general effect on the minds of men, will have a reference to the unity of the offence, and will appear to be much more severe, than such a riot, atrocious as it was, can well justify in Government. I pray, that it may be recollected, that the chief delinquents have hitherto escaped; and very many of those, who are fallen into the hands of Justice, are a poor, thoughtless set of creatures, very little aware of the nature of their offence. None of the list-makers, the assemblers

of

Phil. de Comines says, our English civil wars were less destructive than others; because the cry of the conqueror always was, "Spare the common people." This principle of war should be at least as prevalent in the execution of justice. The appetite of Justice is easily satisfied, and it is best nourished with the least possible blood. We may too recollect, that between capital punishment and total impunity there are many stages.

On the whole, every circumstance of Mercy, and of comparative Justice, does, in my opinion, plead in favour of such low, untaught, or ill-taught wretches. But, above all, the policy of Government is deeply interested, that the punishments should appear one solemn deliberate act, aimed not at random, and at particular offences, but done with a relation to the general spirit of the tumults; and they ought to be nothing more than what is sufficient to mark and discountenance that spirit.

CIRCUMSTANCES FOR MERCY.

Not being principal.

Probable want of early and deliberate purposes. Youth where the highest malice does not

Intoxication and levity, or mere wantonness of any kind.

The conduct and condition of the Lord Mayor ought, in my opinion, to be considered. His answers to Lord Beauchamp, to Mr. Malo, and to Mr. Langdale, make him appear rather an accomplice in the crimes, than guilty of negligence as a MagisSuch an example set to the mob by the first › Magistrate of the City tends greatly to palliate their offence.

trate.

The license, and complete impunity too, of the publications, which, from the beginning, instigated the people to such actions, and, in the midst of trials and executions, still continues, does in a great degree render these creatures an object of compassion. In the Publick Advertiser of this morning, there are two or three paragraphs strongly recommending such outrages; and stimulating the people to violence against the houses and persons of Roman Catholicks, and even against the chapels of the Foreign Ministers.

I would not go so far as to adopt the maxim, quicquid multis peccatur, inultum; but certainly offences, committed by vast multitudes, are somewhat palliated in the individuals; who, when so many escape, are always looked upon rather as unlucky than criminal. All our loose ideas of justice, as it affects any individual, have in them something of comparison to the situation of others; and no systematick reasoning can wholly free us from such impressions.

Phil. de Comines says, our English civil wars were less destructive than others; because the cry of the conqueror always was, Spare the common people." This principle of war should be at least as prevalent in the execution of justice. The appetite of Justice is easily satisfied, and it is best nourished with the least possible blood. We may too recollect, that between capital punishment and total impunity there are many stages.

On the whole, every circumstance of Mercy, and of comparative Justice, does, in my opinion, plead in favour of such low, untaught, or ill-taught wretches. But, above all, the policy of Government is deeply interested, that the punishments should appear one solemn deliberate act, aimed not at random, and at particular offences, but done with a relation to the general spirit of the tumults; and they ought to be nothing more than what is sufficient to mark and discountenance that spirit.

CIRCUMSTANCES FOR MERCY.

Not being principal.

Probable want of early and deliberate purposes. Youth where the highest malice does not Sex.. appear.

Intoxication and levity, or mere wantonness of any kind.

A LETTER

I

TO THE

RIGHT. HON. HENRY DUNDAS,

One of His Majesty's Principal Secretaries of State.

WITH THE SKETCH OF A NEGRO CODE.

Dear Sir,

SHOULD have been punctual in sending you the Sketch I promised of my old African Code, if some friends from London had not come in upon me last Saturday, and engaged me till noon this day; I send this pacquet by one of them, who is still here. If what I send be, as under present circumstances it must be, imperfect, you will excuse it, as being done near twelve years ago. About four since I made an abstract of it; upon years which I cannot at present lay my hands; but I hope the marginal heads will in some measure supply it.

If the African Trade could be considered with regard to itself only, and as a single object, I should think the utter abolition to be, on the whole more advisable, than any scheme of regulation and reform. Rather than suffer it to continue as it is, I heartily wish it at an end. What has been lately done,