A Hundred Years Ago
THE " SPECTATOR," MAY 1ST, 1830.
THE DEATH PENALTY.
The right of society to inflict the punishment of death under any cirthinistances, may be questioned. A man cannot give up to his fellows what he does not himself possess. Unless suicide be per- missible, capital punishment is not. But, putting aside the case of crimes of violence, capital punishment for crimes against property is indefensible, because there is no parity between the injury sus- tained and the punishment infficted. They differ infinitely in degree, for what is the whole that a man possesses compared with his life ? They differ altogether in kind. For the abstraction of property, the labour of the thief may in time compensate, but we possess no alchemy for converting his blood into guineas. As a preventive of crime, capital punishment is nearly, if not wholly. useless. The plunderers of society, the distributors of accumulated capital, are not calculating philosophers ; they are impelled in their course by strong passions and stronger necessities. When the prospect of the gallows flit across the mind of such a one, it brings with it no more terror than the prospect of an enemy's ball does to the soldier or sailor. It may hit him, but it may miss him also, and the chances are that it will. Even where death is the inevitable consequence of detection, it has but small influence in checking a criminal. Thieves are kept from murder, not by the certainty of hanging, but by the horror that all men more or less experience in shedding a brother's blood. To this horror alone we owe it that every burglar is not also an assassin. The only tendency of frequent executions is to weaken its influence—to take from the security of society, not to add to it. The bloodiness of our commercial code is its destruction. Men will not prosecute where the consequences of prosecution are so awful. It is an afflicting thing to humanity to be even remotely instrumental in the death of a fellow-creature. His destruction by the most unavoidable accident is enough to banish sleep from the pillow of a thinking man. Our judges weep when they pass sentence on the most abandoned criminal, accus- tomed as they are to such scenes ; the very hangman entreats the forgiveness of the victim which the law has given over to him. A statute which cannot without great difficulty be brought into operation—which even those for whose protection it is meant are anxious to escape from—is worse than useless.
PORTRAIT OF SIR THOMAS LAWRENCE.
This interesting portrait, which has been so anxiously looked for, is at length completed, and we have been favoured with a sight of a proof impression. We allude to the portrait by the great artist himself, which has been engraved in mezzotint by M. Cousens, in his best manner. As a work of art, it is of the highest order, both as regards the picture and the engraving. It is a faithful copy of the original painting ; the head being highly finished, and the lower part of the bust merely sketched in, which lends an air of identity as well as a novel effect to the plate. The drawing and modelling of the features, the expression of the eyes, the appearance of the hair, and the general pictorial effect, are extremely well imitated ; and the impression is clear, brilliant, and decided. This may be considered, if not the sole, at least by far the most authentic portrait of Law- rence, not only as he was in his prime, but as he looked in the happy hours of his latter life, for he worked upon it but a few days previous to his death. The eyes and upper part of the head resemble his portraits both of Canning and Croker, not only in the baldness and form of the head, but in the mild intelligence of the eyes. The nose is handsome, with expanded nostrils, characteristic of sensitiveness, sensuality, and conscious energy ; and the mouth is full and well- formed. The whole face gives the idea of a man of taste and spirit, calculated to go through life gracefully, and with an acute relish for its pleasures, as well as a delicate susceptibility to its pains ; and an ingenuous character pervades the countenance, which seems to invite our sympathies by its courteous and manly frankness.- is a peculiarly prepossessing physiogomy, and such a one as we would be willing should be the true index to the character of so great a painter, and so amiable a man.
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