the rank of Captain, with the exception of O'Higgins, who is a Brigadier under San Martin, and Colonel Raymon Freyere. The navy consists of but three or four indifferent vessels, but would be increased by the addition of two new ships of war, to be called San Martin and Chacabuco, built at New York, and for which purpose Messrs. Aguirre and Gomez were, a considerable time since, sent to the United States from Buenos-Ayres with money. A superior naval force is indispensable to enable the Chilians to invade Peru, for the desert of Atacama prevents them from marching thither by land. The Chilians have no seamen of their own. The revenue of the Government in Chili is derived from duties on imports and exports; from an excise which is laid upon almost every thing that is sold; from a direct tax, the mines, papal bulls, printed indulgences for the living and the dead, a crusade tax, tithes, forfeited estates of the Jesuits, voluntary contributions, and from confiscated estates of the enemies of the Patriot cause.

The officers of the customs and the judges of the commercial courts receive no regular salaries, and a duty is imposed on merchandise to compensate them; in addition, traders quicken their exertions by presents or bribes. There are 10,000 monks and nuns in the country. The church holds one-third of the landed property of the state. The church lands are farmed out to tenants, who let them again to under tenants, and these last work them with slaves: thus three sets of idlers are supported upon the product of the industry of the labouring class. In addition to their landed estates, the religious institutions have what are called their censos, or money lent out at an interest of five per cent per annum, to the amount of ten millions of dollars. Besides their share of the tithes, which the state still permits them to draw, the clergy have the anuats, or first fruits, which yield to each curate between two and three hundred dollars per annum.

The government of Chili, it seems, is needy, and has made some progress towards laying hands on the enormous property of the priests. Indeed neither monks nor nuns, according to Mr. Bland, are treated with much ceremony; some of the former have been turned out of their dwelling-places, which have been occupied for military purposes, and some of them have been tried for treasonable practices.

The most immediately interesting part of the Report is that which gives the history of the Chilian Revolution, and the change of parties among the Patriots. There have, it appears, been two powerful factions in that country of the revolutionists themselves. At the head of one were the Carreras; the Larrains formed the other, with O'Higgins at their head. At the beginning of the contest for independence, the Carrera faction prevailed. It would seem, however, this

party did not manage affairs in a judicious manner; for at the battle of Rancagua, against the Royalists, fought on the 2d of October, 1814, the Patriots were entirely defeated, and fled over the Andes. They were rallied at Mendoza by Sau Martin, who identified himself with the Larrain faction; and, having obtained a reinforcement of 2,000 negroes from Buenos-Ayres, crossed the mountains, and, on the 12th February, 1816, fought the battle of Chacabuco, defeated the Royalists, and took their commander, Marco, prisoner. This may be called the second epoch of the revolution in Chili. The Carrera party was, of course, put down, and the Larrains, with O'Higgins as chief, conMapu, obtained on the 5th April, 1818. firmed themselves in power by the victory of It is greatly to the dishonour of the Larrains that they seized this moment of success to put to death two of the most distinguished of the Carreras. They were sacrificed under judicial forms, and on the pretext of treason. Their execution was a foul and bloody murder, to gratify the vengeance of the reigning faction.

The closest intimacy subsists between the Governments of Chili and Buenos-Ayres. O'Higgins told Mr. Bland, that there was nothing which Buenos-Ayres could ask of Chili that would not be granted; and that Buenos-Ayres would act in like manner towards Chili. All the inhabitants of Buenos-Ayres are naturalized citizens of Chili. The Supreme Director, by way of characterizing the intimacy, said they were as two bodies actuated by one soul. Mr. Bland thinks, however, that this connexion is to the disadvantage of the Chiliaus, and conceives that it will not be lastin.

commencement of the revolution, the press, Under the faction of the Carreras, at the Before that period all books and papers, for the first time, was introduced into Chili. prior to their entrance into the country, were inspected and approved by the Holy Inquisition in Spaiu or at Lima. The name of the first paper was the Aurora. It was printed weekly, at a printing-office sent from New York, and managed by three citizens of the United States. It was edited by Camilia Henriquez, now of Buenos-Ayres. The opposite party also published a paper, which they called the Aurora. It was edited by Irisarri; but at this time there are four weekly papers issued at Santiago: and none are published any where else in Chili; their names are the Ministerial Gazette, which is the acknowledged paper of the Government, El Argos, El Duende, and El Sol. They are all printed at the same press, and edited by clerks and officers of the Government. Two other printing-presses had been carried there for sale, but they were not saleable articles. Newspapers and pamphlets are conveyed free of postage, and books are imported free of duty.

purpose.

The reader may recollect that, after the battle of Maypu, the Viceroy of Peru was desirous of effecting an exchange of prisoners, and sent on board the United States' sloop of war Ontario, Captain Biddle, from Lima, an officer to Valparaiso and Santiago for the It turned out, however, on investigation, that the Royalists had a few or no Chilian prisoners; that those which they formerly had, having been confined in one of the islands of the Archipelago of Chiloe, were released by the Patriots after the battle of Chacabuco. The Patriots, on the contrary, had about 8,000 Royalist prisoners, and were willing they should be exchanged for any prisoners which the Royalists held belonging to Buenos-Ayres; but, owing to some contempt manifested in relation to the Patriot authorities, no cartel was agreed

upon.

Incidentally speaking of Peru, Mr. Bland says, that one-third of the population of that country are whites of anmixed blood, and twothirds are mulattoes and negroes; the latter, in general, as well iuformed as the whites.

the generous and persevering efforts of the late much-lamented Sir Samuel Romilly. Much, however, remains to be done; and Mr. Roscoe has, most seasonably, offered the valuable work to the consideration of the public, of which we hasten to offer our readers a brief analysis.

The first topic discussed by Mr. R. is, the motives and ends of Punishment. In this section he strongly and ably combats the notion that anger is not only allowable in criminal jurisprudence, but that attempts to extirpate it must be vain, and, if successful, would be injurious. He further contends, and with much force of argument, that it is only the calm exercise of reason, by removing the inducement, or correcting the disposition to crimes, fare of the offender, and convincing him or by taking a sincere interest in the welthat the evils he experiences are the unavoidable consequences of his own misconduct, and are inflicted upon him for his own good, that we can expect to produce any beneficial effect. Upon the Observations on Criminal Jurispru-practicability of this is founded the great dence, and the Reformation of Cri- plan of modern improvement, called the minals; with an Appendix, contain-which are every day becoming more appenitentiary system, the advantages of ing the latest Reports of the State Prisons or Penitentiaries of Philadelphia, New York, and Massachussetts; and other Documents. By William Roscoe, Esq. 8vo. 9s. Davies, London, 1819.

Cadell and

parent; and which, when perfected by experience, cannot fail to produce the happiest and most important results on the moral character and condition of mankind.

crimes as well as of those which impose punishments of inferior degree, are next considered, and illustrated by many authentic facts, drawn from the evidence House of Commons within the last two laid before various committees of the or three years.

In the sections" on punishments by way of example," and "on the prevention of crimes," our author shews the inadequacy of extreme severity, and urges various THAT the Criminal Law of England is moral considerations; which, if duly conin a state that imperiously calls for revi- sidered, will not merely prevent the comsion, is a fact, which needs only to be mission of crimes, but will greatly immentioned, to be universally admitted. prove the condition of the country. The "Sanguinary statutes, operative only in inefficacy of the existing laws, which indeforming our jurisprudence, and invest-flict the punishment of death for various ing judges with discretion never originally intended, but rendered necessary by a nugatory severity, cannot be suffered to remain standing amid the general stir of education and improvement. So many of our statutes have been made in particular and temporary exigencies, in moments of excited public feeling, and tran- The section, which discusses "proposed sient fits of legislation,-with so little re-improvements in Criminal Law," is little gard to system or proportion, and little connexion between law and natural sentiment, that every motivé of policy,justice, and decency," requires some change to be made in our criminal law, so far as it relates to capital punishments and to the mode in which it is administered. Some of the more grossly severe acts have been expunged from the statute book, through

more than a statement of the difficulties experienced by Beccaria and other eminent writers who have treated on crimes and punishments; but the two following sections, on the origin and present state of the Penitentiaries in America, on the Penitentiary system on the Continent of Europe, and also in this Country, present a rich collection of most important facts. The

StateofPennsylvania had the distinguished honour of originating Penitentiaries in America: the success attending the Penitentiary at Philadelphia induced some benevolent individuals at New York to procure the enactment of a law in 1796 in that State for erecting a similar edifice.

"By this law, which has since received several amendments, all those crimes (excepting treason and murder, which continue capital) that were before punished with death, were punishable by imprisonment for life; all offences above the degree of petty larceny, are punishable for the first offence by imprisonment, for a term not exceeding fourteen years, and for a second offence for life. Petty larcenies for a term not exceeding one year; and persons guilty of a second offence, were to have their punishment augmented for a time not exceeding three years. All persons convicted might also be subjected to hard labour, or solitude, or both, at the discretion of the court. Forfeiture of goods and lands, except for treason, deodands, and corporal punishments, were wholly abolished.

"For the management of the prison, seven inspectors were appointed by the governor and council during pleasure No salaries were paid to them; actuated by principles of benevolence, and a love of justice and humanity, they offered the voluntary contribution of their services. They sought no other recompense than those feelings which accompany the exertions of good men for the benefit of society. It was their duty to inquire into and inspect the general state of the prison; to see that the keepers were attentive and faithful in the discharge of their several duties; that cleanliness, decency, and order, were every where maintained; that the prisoners were treated with justice and humanity; to listen to their complaints and communications; to admonish the bad, applaud the good, and encourage all to amendment and reformation; and to give them such advice as might awake virtuous sensibility, and promote their moral and religious improvement."

"Under such directions, the Penitentiary at New York was as successful in its operation as that at Philadelphia; and similar establishments, under the name of State prisons, have since been founded in Massachusetts, Vermont, Connecticut, New Jersey, Maryland, Virginia, and other places."

"For some time after their commencement, these establishments appear to have answered every purpose which their promoters had in view. Most of them were conducted by persons who undertook their management without the inducement of salaries, or any other interested motive, and under their direction they continued for a course of years to be productive of the most beneficial effects. There is, however, reason to apprehend, that as these institutions were, from various causes, deprived of this assistance, a relaxation of discipline took place; and that as the terms of commitment be gan to expire, or the prisoners were discharged on pardon as reformed, the number of those recommitted for new offences began to increase. This circumstance, combining with the rapid increase of population in every part of the United States, occasioned such an influx of prisoners, that the buildings became inadequate to their reception, or at least to afford that accommodation which is indispensable to their utility.

"The mere want of sufficient accommodations for the prisoners is not the only cause of the present unfavourable state of the Penitentiaries in America. Perhaps a still more substantial one may be found in the injudicious practice of receiving a second, a third, and even a fourth time, into these institutions, such criminals as have already undergone a series of discipline, and have been discharged before the expiration of their sentence as persons effectually reformed.

"It is indeed impossible to conceive any proceeding more derogatory to the character, and destructive of the benefits of these institutions, than this repeated and inefficient attempt. By the reception of a criminal for a second offence, who has already been discharged as reclaimed, the establishment confesses its own inutility, and is no longer a school of reform, but a receptacle and shelter for acknowledged guilt. The prisoners confined under the expectation of being reclaimed, finding. themselves intermixed with abandoned profligates, who have gone through the same process without effect, will despair of their own recovery, or be induced to relax in their efforts; and finding that such criminals can again be received, will have no higher wish than to imitate their example. Nor can it be contended, that there is any motive to operate upon the mind of the discharged criminal, with

sufficient force to deter him from the

perpetration of future offences, while he contemplates, as the worst consequence, his recommitment to a place with which he is already well acquainted, and which, by long habit, he has learnt to render to lerable, if not agreeable.

"In fact, the readmission into a Penitentiary of any person who has been discharged as reformed, affixes a stigma on the character of the establishment itself; because such person may be presumed to have availed himself of the credit given him by the institution, to impose upon others, and in all probability to commit crimes, which otherwise it would not have been in his power to do; thereby not only throwing discredit on such institution, but making it, in a manner arcessary to his offence.

We have not room for many particulars relative to the Penitentiary system, practised generally on the continent; but the following information relative to the prisons of Paris, which were visited in 1814 and 1815 by the Hon. G. Bennet, M. P. is too valuable not to be transplanted to our pages. This gentleman stated to the Committee of the House of Commons, that

evening." "No irons used except for refractory prisoners. Ordinary punishment, solitary confinement in a cell for two or three days. No one allowed to be struck. The friends of the prisoners can visit them twice a week by an order from the police." The regulations seem upon the whole to be good; food sufficient; and a visiting magistrate daily goes round to hear all complaints.

In the St Lazare there were eight hundred and eighty women under sentence. "The common crime was domestic theft, and the majority of the prisoners servants in Paris." "The system of correctional. police seems to be good. In twenty years about twelve hundred have been discharged, out of whom about two hundred have again been confined'; and many persons who have been there are now living rich and respectable at Paris. The prison is inspected daily. Mass is performed once a week, on Sundays. No No religious or prayers on week days. moral instruction whatever. A general system of labour prevails throughout the prison. From one hundred to one hundred and thirty in each work-room, under one inspector. Needle-work, spinning, "Though little advance has been Their earnings are divided into three winding, shawl-making, and embroidery. made in France towards a penitentiary parts. One for the government, one for system, yet that the greatest pains the purse to be given them on their disseem every where to be taken to keep charge, which sometimes amounts to the prisoners in a state of active and use- three or four hundred francs, and one ful labour; and that, under proper restricpayable to them every fifteen days. The tions and regulations, there seems to be directors of the house make their arrangeno trade that cannot with safety be re-ments with the contractors for the work. ceived within the walls of a prison.""That in the prison of St. Pelagie, where persons are confined for small offences, not condamnés aux fers, the imprisonment is for various terms, none above ten years." "There were three hundred and fifty criminals, varying from all ages, from ten years old to sixty. A general system of work is introduced; there was hardly any one idle; work is found by manufacturers in Paris, and a person is in each workshop, to watch over and instruct the workmen. The trades at work were -stocking-makers, tailors, shoe-makers, button-makers, cardings, cotton-spinning and carding, carpenters, goldsmiths, and jewellers. Of the earnings, one-third goes for their food; one-third forms a purse given to them at their discharge; and onethird every fourth day or week for pocket money. They work from eight in the morning, in winter, to eight at night, with two hours of interval for dinner and exercise, from eleven to one; and from five in the morning in summer to seven in the

It is done at a cheaper rate than by free labour. The prisoners were well dressed in prison dresses; neat and comfortable. The fault of the establishment appeared to be in the numbers; a want of classification; and consequently the penitentiary system was not as effective as it ought to be.

"In the Bicêtre, six hundred and eightytwo persons of all descriptions were confined, four hundred of whom were at work in different trades. Some earned as high as thirty or forty sous a day. The earnings were divided in thirds as before mentioned. No irons used, but the prison was in general dirty and offensive.The chief defects in these establishments, in many respects so creditable to the country, seen to be the want of separate sleeping rooms, and an inattention to cleanliness- circumstances of the most indispensable importance to the health and improvement of the prisoners, and to the success of any Penitentiary."