The National Register. — London, England, 1818-03-08 00:00:00

. p /wa i t, firp-/wz, ( - u - Or gjaatiOn No. 526.—V0L. XI. rouncAL DISQUISITION. OS THE CRIMINAL LAW. THE public attention has recently been excited by the case of two Youths, of the names of Spicer and Kelly, who were sentenced to death for passing forges Bank Notes, but respited in consequence of the disco very made by a Conitniuee of the Hausa of Commons, that they had been the victims of a nefarious conspira cy between their employer and a Police Officer. We are anxious to embrace the opportunity this circum stance afrerds us, of making a few observations on the state ofeur Criminal Law, and of urging the imperious necessity of a revision and reform. And, first, as re gards these unfortunate youths, we have only to say, that their case is a striking instance of the folly and pernicious effects of the system of rewards for capital convictions—a system which has had consequences that the authors of it sever could have apprehended, but which, on being ascertained, ought to ba imme diately abolished. We grant the power and the oppor u:nity of gaining money by the death of a fellow crea ture to men contaminated by continual association with robbers acrd murderers, and fatnihar with every specks of fraudulent cortr:vance—na3 can we wonder at the result? Du we wonder that such iren should use such means ? We :ladder to thiuh how many innocent or deluded victims unut have suffered from this monstrous abuse. Mr. Bennett bus IJ:ought in 14 Bid fin its abo lition, tnd we sincerely - it ‘vlll . .pass into a law 1 that at least one glaring if ef.;et in our Cc itninal Code may be amended, and the ends of justice no longer perverted, as they have been by individual:, who, it appears, hate had every opportunity of invoking pu un ethers, while their own crimes arc beyond its reach. But it is our present purpose to speak of tke punish tient of Death generally, and to add our humble con tribution to the widely-diffused and int:et:sing feeling., that it is high time to check the tide of blood that is continually flowing at the demand of Justice; whose pri mary- and original ends arc, nev..rtheles.;, as far froat being attained as ever. Executions have become hor ribly &event—but crimes have not decreased. We see daily the vengeance of the law denounced in vain —and capital punishment is often evade 1 by the guilty, front the conviction of the improper severity of the pu nishment, while it is inflicted on others, whose bosoms are steeled against its terrors, and whose consequent conduct deprives it of half its moral. It is painful in the extreme to reflect that there are nearly two Hun dred crimes punishable with Death, by our laws ! At the first glance we arc tempted to say—lmpuesible ! Man cannot be guilty of so many violations of the laws God and society. Yet so it is. Who, viewing this black catalogue, would not imagine that we were like the Spartans of Lyeurgus, so honest, so virtuous, so immaculate, that not even the shadow of crime dare to appear among us—but how is the filet ? Delinquen cies are so innumerable, the laws cannot repress them ; and the nation is amazed at their inefficiency, which the very consequence of their severity. The British people are naturally mild and humane. We are armed by the Legislature with the power of titling away life for so many trivial offences, that we hesitate in the performance of a public duty—we suffer a criminal to go null:timed, rather than do violence to ter feelings, by it:dieting the awful punishment of Death.—The ends of Justice arc perverted, and the rational character is scandalized, fir we present to the verhl the strange paradox or a humane mid benevolent nation, having a most sanguinary co , lc of Laws. So eety apreva to Le wills us, like a surfitee that leas recaivett so csq.:isne A r.,11...!1 thitt the IcaSt scratch is a.To nted fatal. The itaFovtalents of madern ream:- I!, i (•r: - 4tel u vzriety of relations that our aucc:- C . i 2 all 3tittr4 Our iling,Con6titution RITT3 SUNDAY, MARC!! 8, 1818. tors were unacquainted with. Commerce has extrud ed its ramifications every where ;—the wheel.; of Go vernment have been increased without end ;—petty interests have been multiplied and sub-di:l(kt' ;—and all these are protected with the panirhment of Death ! ! Statute after statute creeps into the Book, while the barbarous relics of older times are parted with as cc luctantly by the rich and great, as their own wealth and power. Prevention is but little heeded.—" this," they say, " and we will 'hang you.":—As a man who lays open to view, a rich and tempting orchard, contenting himself with the usual announce. ment of traps and guns—the evil inclinations of the plunderer arc excited—and in the hope of impu nity, he rushes into crime ;—whereas, if the orchard had been protected with a high wall, that it were difficult to scale, he would have been at once de prived of temptation and opportunity. This compari son is strikingly illustrative of the numerous cases of forgery that are continually occurring.—We shall not offend the advocates of the commercial system, by dis puting the moral propriety of adjudging death for this crime, but its eCicacy and expediency we have ample authority ihr denying. Not even the undeviating ri gour of the law has been able to repress forgeries—the crime onerea , :ca with the opportunities—the dealers in paper were alarmed and horrified—prosLcutions became more frequent, but still the evil spread. It appmrs that there exists an Asseeiation of Bankers hr the purpose of ? Compassion from the human breast ! llare is a censequenCe of Commerce ! We do not will to excite improper commiseration for crime, but we would if this Association ever directed their attention to the prevention of forgeries—diet they ne ver consider the possibility of I..lldt:ring their own . cheques inure di!ieuit to forge—or did the Directors of the link nevw kok at their own di , graceful notes, with a view to their amendment ? If they hare not done so, in the name of mercy and humanity, let them do it IRAN. For our own parts, we arc convinced, that the difficulty of forging might be greatly increased—it would be a Mid on the important discoveries of the pre.;ent age to suppose otherwise ; and we are of opinion that the institution of a soelety fur the prevention of crime, by collecting information, and promoting plans for diminishing. the facilities of its commission, would be highly beneficial and laudable. One of the must obvious arguments against our nu meroos capital punishments 13 their inefficacy. They are so unequally apportioned, that they arc frequently inflicted on offences of the highest and toast magnitude, —and consequently %hen a villain knows that he runs the same risk in committing a greater or a less offence, is often induced to chttsu the former; while un the other hand, a man, who sustaining an injury of secondary importance, revolts *ith horror at the idea of consign ing a fellow mature to the grave, whom time and in struction might wean from evil habits, and render tit to be reconciled to God and nian. In this way, many a criminal who merits a Just pro. portion of punishment, escapee ahugether. Numerous individuals are sentenced to death every year, but fey: arc executed. Justice pattsi at her own ism:hies, and self-convicted, suitfers Mercy to snatch her victim s from her palsied grasp. The delinquents know this— they know that if theirs be an ordinary case, there is every probability of their est-1w ; they deride the law and its ceremonies ; the awful form of condemnation becomes a mere solemn farce,—" the cap of doom," (as a sensible writer in the Felz.‘,..ti!-. Review observes), is r ut on to no purfose, and k is pat oo so often in vuin, that he wh.) wears r. - 1.1 they ...silo behold it, grow equally callous :uhl unantocrneil. Thus is .I.:ritice mocked in her very bolls, her armn is enfeebled, Eno•rpr:Lc, pith and nwnw;)t, Willi thiri regard, their current.. turn iiwry, lcec tta: tam.;.: or activa." PRICE %O. Can this be policy ? Is this the summit of our. boasted criminal law—to defeat its purposes by its own fury, to force a sensation of horror at its vengeance, and commiseration for the oljects of it I To enter into the full merits el the question respect in?, capital punishments would far exceed our limits; on the ground of expediency alone, we would contend for a minute investigation, and an alteration of the sys tern. Surely, the refinements of legislation have been carried far enough—let us now retrace a few steps towards the simpler principles of our foref:►thers, en lightened as we are by the intellectual progress of the present age. Education is spreading its blessings every where, and affords an additional inducement to reviow and reform. We do not advocate rash and preeipitzte change—we would have the work proceed cautiously, marching by the side of national i►uprovement, and striking at one excrescence after another, till these un necessary and injudicious severities are removed, and our criminal law really becomes what it professes to be —just in its principles, and merciful in the execution ui them. IMPERIAL PARLIAMENT. HOUSE OF LORDS. ItToNP.ty, fttarvli Lord iint.t.A7fr , pceseute da Pcn.fua from certain ma.:tcr•r and jtArt.eynien cLatut , e3r -sweepers of London and Uestion,- .sivr, praying that the Rill for pr‘vL!ltitig the use of elimbiag,_ boys be passed.—Ordered to tic on the table. Lari tinUEVENnIt presented a Petition from R. G. Butt, a rnisoilei in the Ling's ltench fern ou Lord Ellen horoug , e, comptniniog of undue nieteuti , :tt, :nut a di:pm-alum of his rights, u:.der the Habeas t.lorptu; Su:peusion !tut, and praying for au wintry it:to his e;lie.--Otthlt'd to tie oa the whit— - Also a l'etittou treat Cirzster, agoinst the use of climbing Lot's. 'll,e 1 etaLeu was; Limo ori:treil to be laid on the labre. —A jo urned TI'ES! , (Y. INI)E ITN' BIT L. The order of the ddy being ti..til for the cormni tment of the 'Lc:enmity It'll, Lunt MOLL. %NI) note, but not, be said, with the iiitention et t esisting the Motion. for referring the Bill ton Committee. There %vele, however, tea oc tin ee imestious which he 'bought it right previmoly to ask, the answer to which might perhaps ramble their I.otilships to proceed with Inure 'mai !,l9ll and despatch, 'Alit a in the Committee, than they "e , .'d otherwise do:—I.1. Whether a person discharged he nvthe rity of the setietary, or a .Magistrate. without ani bill of 'n.• dretnient against hint tat cuic been thrown oat by a Gr;: •• •1 dory, or acquittal by trial, or nil a iroli proecqui, can Je h , .1 to he discharged according to law. 2. ‘I bold a discharge he the Secretary of State prevent the person from br:. rS again arrested ou the Sallie charge % Conld a person icy the Secretary oi . Mate insert in Weelartit;cm,, Olt bringing all action, that there was an roil of the s::it against hiin ? These were impartant questions, a% 're thought them worthy of their Lordships' consideration, nu grounds totally independent of the Cdl hefure them. The Loan Cit txcrisf.oit wislie,f, in the beet p l ace, to el ,. serve, that lie did not consider himself MI great an adept ta the criminal law, as to be always prepared to give their ships a satisfactory opinion upon every dittieulty that neigh be started. In 11w present case hr 11111.11. also that c.c emild not recollect the terms the question which th i . hie Lind had put with sufficient previ•iou, to enable him •:cc drive it a full answer, were he in other respects capable of Ling. It it were explained to him, he should be really :a give any itiformation in his power. The House then resolved itself into a Committee on stile When the Loßn CHAN ear,t.tift proposed, ;hat the Itio•irft should comiidet the preamble first, instead of po.rpoak.c as because it was closets connected vvith, and re.. rred to, by the enactment part of the Rill. I.3rd L tuncnn %Lt. observed, that if the flote4 wis to v.it aside all precedents, mill rely on ilte:trimment or the I ...o::!etl Lord, he mast say that aittatticat had no great weight w • -;b him. The meaning of a preamble to r‘l,l;tio alti c zt Of a BPI to the ptiiilie; hot hoe roula it .voitinir to du IS;11 before it was decided of n hat clauses the Kill should consist ? Here the Learned I. o rd, corm/Iry to all rises Ju.l meaning, called on the lion•e to cougar' the title , not preamble of the Bill , before the y Arlon. etift.es had been decided ; the I.earued land had pr.de , sed ca a ii rc4i:it e fl x ‘; la t n o at e i,b it u p , la w it t l ,;.n a:t most I;,l%iiiri.lT(il.iottlii•ti:i;r"lt.h.'i:Oa depot titre front the orami: , y Jolts. 14;n1 -, t , ore d-ni..l shot there WO , iinv thing in t:. mode of prof.. t •Idie ; had him Of, nu niner ne, a 'l d'at Olt lot amihie should ht eolsidsrcd 0f.., hCC:I , I•C 11 I rred to (b. otj I: VON s.•ift, the Hill wa, o ne of t h e tr , Hip ,rt.lite.• to CI,- at large., and the , r Loud not to .I..etde to•sthy ; too)' oovhi In ekefe;N: c,loinoi on thi point, or they might Pori r as it acre, be led to sanction tua..tultats, tut sc:t,t of aulcb 'i` ' 4 _,(,,..:•••••