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have been granted to pioneer settlers. and retard the growth of the country. Under this system the choicest lands The avowed object of the protecare culled out and settled, and the po tionists is to "build up a home-marpulation swarms westward, spreading ket," which, if the phrase has any over the surface of the ground, and meaning, is to prevent the citizen from turning the best lots into gardens ; becoming the free occupant of his own vast tracts of land become encircled soil; to degrade him from the rank of and erected into states ; the best lands a landed-proprietor, in the independent purchased by the hardy immigrants from exercise of his own rights, and chain Europe and the older states, are prompt- him to the steam-engine and the loom ; ly brought into cultivation. There re to labor on at the bidding of an overmain great quantities of land which are seer for the weekly pittance doled out not worth $i 25 per acre—that is, they by lordly proprietors, who put up or will not bring that price as long as bet- put down the price they pay, according ter land can be obtained for the same to the state of the labor-market, as the money farther on. This land, therefore, usurer regulates the rate of interest, by remains unproductive in the possession the condition of the money-market. of the federal government, within the They would have the American citilimits of a state the settled portions of zen, instead of being the employer of which only are taxed for its support.- factories and the patron of their goods, The graduation bill which has passed the slave of their bidding and a menthe House, and which will be found at dicant on their favors. They would the close of this number, provides that bind him hand and foot, drag him into those lands shall be graduated in prices their shops, and rifle him at their pleasto a level proportioned to their value, ure, in exchange for such wares as in order that all the lands in all the they may choose to force upon him. states may become available and tax This system was long practised by the able for state purposes. Clayism pur- oligarchy of England, until the progress sued a counter-policy. It contended of public opinion enabled the Premier to for the sale of the lands in large quan- destroy it for ever. Sir Robert Peel, tities to speculators, regardless of the after achieving that great work, the repreemption-rights of actual settlers ; peal of the corn-laws, retired from ofthat large tracts of land might accumu fice, June 30, closing a brilliant speech late in a few hands, retarding the growth with the following beautiful peroraof new states, or entailing upon them a tion : dependent tenantry, with its incalcu “I shall leave a name execrated by every lable evils. The vast tracts that pas- monopolist
, who, from less honorable motives, sed into the hands of land-companies a
maintains protection for his own individual few years since in exchange for bank- benefit ; but it may be that I shall leave a
name sometimes remembered with expressions credits, and which are yet unsettled, of good-will in those places which are the are instances. The graduation of the abodes of men whose lot it is to labor, and to price of the lands was opposed, be
earn their daily bread by the sweat of their cause it was alleged it would draw off of good-will, when they shall recreate their
brow-a name remembered with expressions the population of the older states, and exhausted strength with abundant and untaxdiminish the revenue ; or, in other ed food, the sweeter because it is no longer words, because it would aid the poor leavened with a sense of injustice." laborer of the Atlantic cities, dependent A similar triumph has now been efupon corporate-factories, in becoming a fected here. The laborious cultivafree landholder, independent on his tors of the soil have the road to marown piece of land. It would diminish ket opened before them; the manufacthe number of factory-slaves, and, as a tures of the world spread out at their consequence, the profits of the owners. command, that in making their pur
Next in importance to the great chases they may avail themselves of measure of extending the jurisdiction the skill of all nations, the advanof the Union, and providing for the oc- tages of all climates and national recupation and settlement of the land by sources, including the habits of different the people, is the modification of the people. The purchases they make customs’-taxes upon the goods consu with the proceeds of their toil, will be med by those people ; the removal of the better enjoyed, when they are "no those baneful restrictions which destroy longer leavened by a sense of injustheir markets, paralyze their industry, tice.” This object will be effected
by the tariff-bill, which will be found sity of selling surplus productions, and at the close of this number. It bringing back the proceeds into the abandons the principle of protection, country for the use of the owners, and levies ad valorem duties only, by through the instrumentality of comwhich means the consumer will have merce, is the warehousing bill, by the benefit of those alterations in for which, while the government is secure eign cost, that arise, from time to time, in obtaining the full amount of revenues from various causes. The law, at the from the goods imported, every obstacle same time, guards strictly and effec- is sought to be removed from the way tively against fraudulent under-valua- of trade. By granting every facility tions, by which the federal revenues for the composition of cargoes destined might be injured. This clause was to all parts of the world. domestic prostricken out in the Senate, on motion of duce and goods are introduced into new Mr. Webster, when the bill passed, markets, new demands for them created, 28 to 27. The vote on the bill in the and the sales consequently extended. House, — in favor, 113 democrats, 1 In commerce it is practically true, notwhig ; - opposed, 18 democrats, 77 withstanding all the absurdities of prowhigs—while it indicates the policy of tectionists, that each country of the the two great parties, also evinces the world can furnish some one article to alarming extent to which the direct better advantage than all others, as, pecuniary interest of sections influen- for instance, Brazil, coffee; China, tea; ces votes in the national councils. We United States, cotton or tobacco; France, not only find local interests sending a wine; England, iron, etc., etc. It also delegate to Congress to obtain special happens to be true that it is very selprivileges, but we find delegates sala- dom the case that an entire cargo of ried and paid by a class of persons to one article is shipped to one port, beobtain benefits at the expense of the cause a whole cargo of one article national industry; and we find those arriving at a port of minor magnitude efforts of frantic manufacturers and is too much to dispose of at once. It their unscrupulous agents, sufficient to produces a glut, and the sales are at a endanger the ultimate passage of the loss. If the cargo is made up of a vabill in the Senate. If they could de- riety of articles, each of which is suited feat the will of the people, they strove to the market, and the quantity of neither to gain time. A delay of six months is too large, the whole will sell to adin abolishing the present monopoly, is vantage. To make up such a cargo it a gain of hundreds of thousands of is obvious at once that each article must dollars to individual firms, and to obtain he obtained to the best advantage; that which, a lavish expenditure by the whole is, the peculiar product of each country can well be afforded. This is a most
must be obtained by the vessel at a dangerous feature of the times. With price as near the first cost as possible. the success of those agents, the means The vessel, belong to what nation she of extending that legislative depen- may, that can obtain the greatest num. dence on private wealth would neces ber of articles necessary to an assorted sarily increase ; and each year that the cargo, on the best terms, commands the system was prolonged, the power of the trade to the exclusion of all the others. monopolists would strengthen. De Toc- The eminently practical merchants of queville has well said, in his chapter London early saw the importance of on the engendering of aristocracy, by this, and the desideratum was, by some manufacturers, that,
means to collect at one point the goods
The ware“I am of opinion, upon the whole, that the of all nations at low rates. manufacturing aristocracy which is growing housing system fulfilled that object. up under our eyes is one of the harshest that Under its operation the merchantmen ever existed in the world; but at the same
of England coming from all quarters of time it is one of the most confined and least
the known world, deposited their diverdangerous. Nevertheless, the friends of democracy should keep their eyes anxiously fix. sified freights in the London Docks, free ed in this direction; for if ever permanent in- of taxation. A London merchant, in equality of conditious and aristocracy again fitting out his ship, finds almost at bis penetrate into the world, it may be predicted door the most ample assortment of all that this is the channel by which they will en
descriptions of goods. He enjoys every
possible facility for making up a most Intimately connected with this neces- desirable cargo for any point of the
world, and, as a necessary consequence, yards; an increase of 37,000,000 yards, there is no port in the world where or 30 per cent., in the same time that British manufactures cannot be favor- the United States exports thither deably introduced at better prices than the clined 30 per cent., potwithstanding that goods of other nations ; because the it is alleged by manufacturer's that favorable terms on which his whole they can undersell England with their cargo is made up, allows him to pay goods in India. This indicates the manmore for British goods to complete the ner in which our trade perishes through assortment. A New-York merchant the insane policy of crushing comin making up an assortment for perhaps merce, for fear the import of goods a South American market, has no ad- will interfere with private monopolies. vantage. He finds in the public stores The great measures embodying the no general goods, except such as have principles contended for by the people at paid exorbitant cash duties. If he finds the last general election have passed the a few entitled to debenture they are not popular branch of the Legislature, and in packages or lots that will suit, or if have, with a few individual exceptions, he finds such, they have been charged received the support of the democratic with interest on the cash duties paid, party in the Senate. The scenes at and must pay 24 per cent. out of the Washington are, however, of a most drawback, and all American goods are demoralizing and sickening nature. The sustained at a level above those of other location of the seat of government at a nations by an absurd tariff. He cannot distance from great cities, lest the therefore compete with the Englishman action of Congress might be overawed in the bulk of the cargo, and United by force, was possibly a wise measure; States domestic goods and produce will but the experience of the present sesnot pay to be sent alone. The trade sion shows that a desperate and unscrutherefore passes entirely into the hands pulous monied faction may, through of Eoglishmen. In illustration of this, the action of the machinery they so we may quote from official sources the well know how to put in motion, proresults of the United States trade with duce the strangest results on the final the nations of the American continent. action of the Senate. Of those memThus, in 1834 the United States ex bers of the latter body who are less ported to the southern nations a value senators of the United States than of $6,078.032 of foreign goods. In 1845 manufacturing delegates; less statesmen this amount had diminished to $1,677,- than factory operatives; less Americans 984. Of United States produce the than bondsmen; nothing is to be exexport in 1834 was to the same quarters pected but the most reckless disregard $5,063,037, and in 1845, $5,873,941. of the popular sentiment and rights of The aggregate decline of the whole the people, as well as the interests of trade was near three millions of dollars. the country, and the cause of human When we consider that the United liberty. The progress of liberal princiStates are the only commercial nation ples throughout the world is steady and on these continents, and that all these irresistible, and they will prevail; to American nations have, in the 11 years doubt it is treason to the spirit of our elapsed since 1834, greatly advanced in institutions. The tenacity with which prosperity, we become struck with the the privileged classes cling to their moutter loss of our position as the leading nopolies, will only arouse a more radination on this continent. In order to cal resistance on the part of the people. show how completely England has pro- The severe struggle that the monopofited by our criminal anti-commercial lists sustained for the preservation of policy, we may state that the value of their privileges, and the danger which plain and dyed cottons exported from the final success of the tariff bill encounthe United States to the above mentioned ters, afford the most serious lessons to countries in 1834, was $1,406,899, and the people, and call loudly for untiring in 1845 it was $970,267 only. In the vigilance in preventing classes from same time the consumption of cotton gathering too much strength through goods by those countries has wonder- the aid of partial laws. In conclusion, fully increased, and Great Britain bas we have to congratulate our readers on had the business. In 1834 she sent to the modification of that monstrous tarthose countries 127,285,015 yards of iff, which was the sole remaining monucotton cloths, and in 1845, 164,376,714 ment of the defeat of 1840.
AN ESSAY ON THE GROUND AND REASON OF PUNISHMENT.*
The authors of this joint production denunciatory spirit. It should be treahave acquired no little reputation, by ted in a spirit of the utmost calmness writings which display a richness of and moderation. Most deeply do we words and images, rather than of solid regret the aspect which the whole conand substantial thought. In the work troversy, in relation to capital punishnow before us, they have discussed a ment, has been made to assume. Harsh subject which demands the nicest dis- epithets, and dark insinuations, by crimination and the most profound an which motives have been impugned alysis. If we may judge from this and characters called in question, are specimen, we may safely predict, that the weapons which have been too freeneither law, nor theology, nor philoso- ly used. The advocates, on the one phy, is the province in which they side, have spoken, and declaimed and are destined to shine. They are evi- denounced, as if they felt themselves dently better writers than thinkers; specially called to plead the cause of and if they would preserve the laurels divine mercy against a barbarous and they have won, it would be well for bloody generation ; while those on the them, perhaps, not to venture too far other, have assumed the threatening into the deep things of philosophy. We port and mien of prosecuting attorneys say this from no unfriendly feeling to
of divine vengeance. the cause they have undertaken to ad In the latter class, and high in the vocate; for we are believers in both the class, we must place our authors. The right and the duty of society to inflict tone and spirit of their book is decidedcapital punishment in cases of murder. ly bad. It is unworthy of the subject But we most strenuously object to the and of the men. Indeed, the book tone and spirit in which they have ad- which shall take up this great theme, vocated this cause, as well as to some and discuss it as it deserves to be disof the grounds on which they have cussed, is yet to be written. We shall placed it; we feel that they have, in not stop here, however, to justify this some respects, rendered an essential judgment of the work of our authors ; dis-service to the cause they have so its justice will sufficiently appear as zealously espoused.
we proceed with the argument. In The subject of penal jurisprudence, the prosecution of this argument, we in all its branches, is so intimately in- do not intend to notice the various terwoven with the great moral interests points they have raised ; on the conof society, that it is well worthy of the trary, we shall confine our attention, most profound attention of the states- exclusively, to one great radical error man and philosopher. But of all the into which they have fallen, or rather questions it presents for our considera- into which they have violently rushed, tion, that of capital punishment is by and which they have most intemperfar the most important. This is a ately defended. question, then, which demands the most The error to which we allude is this : searching analysis of principles, the That human government should punmost cautious and unwearied circum- ish “a man simply because he deserves spection, that nothing may be overlook- to be punished.”—p. 183. The idea ed and nothing misapplied ; in short, it that human justice is retributive, everydemands the most reverential conside- where pervades the Essay of Dr. ration, the entire devotion of all our Lewis, as well as the more elaborate powers. It is to be approached in no Defence of Dr. Cheever. Now, this light or frivolous mood, in no angry or is the position which we deny ; and we
* AN ESSAY ON THE GROUND AND REASON OF PUNI3HMENT ; WITH SPECIAL REFERENCE TO THE PENALTY of DEATH. By Taylor Lewis, Esq. And A DEFENCE OF Cipital PUNISHMENT By Rev. George Cheever, D, D. With au Appendix, containing a Review of Burleigh on the Death Penalty. New-York ; Wiley & Putoam, 161 Broadway. pp. 365.
intend to show, that in human laws law to prevent crime and to protect sopunishment is not inflicted on account ciety ; and they have excluded the of " the intrinsic demerit of crime." principle of retributive justice from
Dr. Lewis is so perfectly clear, in their views of human government. his own mind, that government should The principle for which Dr. Lewis punish crime as crime, that he feels au- contends, he certainly did not derive thorized to sit in judgment on the mo- from a study of the common law; for tives of those by whom this doctrine to the common law such a principle is is opposed. “ The apparent remote- utterly unknown. And in defending ness of the corner from which the at the law, as it now stands, against the tack is made," says he, “cannot dis- attacks of its adversaries, Dr. Lewis guise the motive, or conceal that viru- and Dr. Cheever have done anything Jence, so much beyond what would but wisely, in pouring contempt upon seem to be called forth by an ordinary one of its most universally and most question of political philosophy. They dearly recognised principles. We have sagacity to perceive, that if it can would submit to their consideration a be made out that there is nothing single passage from Blackstone, which strictly penal or retributive, nothing very clearly expresses the doctrine of capital in human law,--neither is there the common law on this subject, as in the Divine"-p. 15. This is only well as the sentiment of its greatest one passage out of many to the same and most enlightened expounders. purpose, which are to be fouud in the "As to the end, or final cause of huwork under consideration. Indeed, if man punishment,” says Blackstone, all the appeals to the odium theologicum "this is not by way of atonement or which Dr. Lewis has thrown into his expiation for crime committed ; for that Essay were expunged, it would be ama- must be left to the just determination zingly reduced in bulk. If his argu- of the Supreme Being: but as a prements were as strong as many of his caution against future offences of the passionate appeals of this kind, they same kind.” would indeed be formidable.
We shall now proceed to examine Before we proceed to examine his ar- the reasoning of our authors. In order guments we would remind Dr. Lewis to show that human punishment is reof a few things which, in the heat and tributive, or is inflicted on the criminal violence of his rhetoric, seem to have on account of the intrinsic demerit of escaped his memory. It is a plain mat- crime, great stress is laid on the etyter of fact, then, that many of the most mology of the term punishment. Thus, enlightened advocates of capital pun- says Dr. Lewis, “we frankly admit ishment, have entirely discarded from that we attach more value to this unitheir views of human government the versal etymological argument, even idea of retributive justice. They have when its proof is found in some barbarepudiated this notion, not because they rous Chippewayan dialect, than to all entertained the design to exclude the the definitions of a Grotius or a Pufsame principle from the divine govern- fendorf. Pain, (poena, fouì, novos,) sufment, but just because they believed fering for crime as crime, is the radical that retributive justice belongs to God idea.”—p. 12. This is the “ inherent alone. If Dr. Lewis had borne this in and inseparable idea belonging to the mind, it might, perhaps, have modera- terms, punishment, penal, penalty, or to ted his judgments of men and motives, their counterparts in every human and given a milder tone to his invec- speech.”—Ibid. “When these ideas, tives. If so, it would have spoiled (the ideas of sin and suffering, crime much of his fine rhetoric, it is true; and pain') .are sundered, we may, if we but we doubt whether it would have choose, call it compact, political experendered his essay any the less worthy diency, or political economy; but the of a doctor of laws. Nearly all the termís government, law, penalty, are grea: jurists, (we do not remember a no longer applicable. Those who still single exception,) from Sir Matthew retain the words in such connections do Hale down to Sir Samuel Romily, have most grossly abuse language,-an oftaken a different view of this subject fence so frequent in the present day, from Dr. Lewis. They have held it to and so mischievous in its tendencies, be ihe great aim and object of penal that it would almost seem to deserve a