exertions by joining the minister who carried it on. Since the close of the American war, Mr. Burke's Bills, and the regulations of Lord Shelburne, have made a diminution of 216 places. Mr.Pitt abolished 200 more. * In 1810 about 357 were computed to have been created or added, and those not computed, or since added, would make up more than 416. Since 1783, also, we have the Stationery Office, the Police Establishment in London, a new department in the War Office, and a great number of new Boards and commissioners, as Arcot Debts, Danish Prizes, Education, &c. Since 1810, too, we have two or three new sets of commissioners, a Vice-Chancellor, an Auditor of the Civil List, and several more. On the other side, since 1783 thirty-two placemen have been excluded by Mr. Burke's Bills, and to these Mr. Rose adds fifteen contractors. Some sinecures too have been lately abolished. * Rose on the Influence of the Crown. Ed. Review, vol. xvi. p. 191. Upwards of seventy members of the House of Commons hold places, of which the salaries are altogether 156,000l. a-year. By the act of Queen Anne, persons accepting places are to vacate their seats, and all persons holding offices created since that act are rendered incapable of sitting in Parliament. This last provision, however, has been set aside in the instances of the third Secretary of State, and of four members of the Board of Controul. The number of placemen in the House of Commons, however, although too great, is not sufficient to make an undue influence preponderate. It is the expenditure of twenty millions in our military and civil establishments, and of four millions in the collection of taxes, the increase in the number of our colonies, the doubling and tripling of salaries, the compensations and superannuations which are allowed so frequently for purposes of patronage, the immense extent of our accounts, the organized adaptation of all offices and salaries to conciliate members of parliament, it is all these things which have increased, and are increasing what Blackstone calls the "per suasive influence" of the crown, and which may undermine our liberties, if they are not met with a new and determined spirit in the people, neither to be cajoled by specious falsehoods, nor fatigued by repeated evasions. 192 CHAP. XXIII. CRIMINAL LAW. The discretion of a judge is the law of tyrants: it is always unknown: it is different in different men: it is casual, and depends upon constitution, temper, passion. In the best, it is oftentimes caprice: in the worst it is every vice, folly, and passion to which human nature is liable. LORD CAMDEN. THERE are some advantages in the absolute monarchies of Europe over the free government of England on the subject of criminal law. On the one hand, it must be confessed, the free government will be sooner impelled by the progress of enlightened opinions to abolish torture and cruel modes of punishment; and will be forced to relinquish, as contrary to its freedom, all iniquitous proceedings against state-criminals, and all bloody penalties on religious dissent. But, on the other hand, it must be said that the legislators of a free state are so much more interested in the heating race of political discussion, that criminal law meets with little attention; and that the Parliament of England, when they do make laws on the subject, are far from being as impartial as an absolute sovereign; for they are continually the objects of the burglaries and larcenies against which they direct their thunder. Hence it is, that every man judging that to be the most deadly offence by which he is himself a sufferer, the Parliament has permitted the statute-book to be loaded with the penalty of death for upwards of two hundred offences. Among the crimes, so punishable, we find the offences of cutting down a tree; being found with the face blackened upon the high road; being in company with the persons called gipseys. These have continued to be capital crimes till the year 1820, and one, if not two of them, still remain so. These extreme cases are not, however, the most mischievous. The absurdity of the law is an antidote to its cruelty. There are other offences, punishable with death, which are |
