The National Register. — London, England, 1818-08-16 00:00:00

..m.411., .••••• , -...~ I '' • 4 . 7 41 .42 . //itc,- • / • J .,. aujontl No. 549 .--VOL. XI. I'OLITICA L DISQU ISITION. ON CAPITA:. VIINISUMLNTS. IT may be observed in the words of an itgenions Writer,* well acjuainted with the principles of human that the degree of punishment and conse quences of a crime ought to be so contrived as to have ' the greatest possible effect on others, with the least ( 4 7essible pain to the delinquent.' This sentiment of truth and humanity will stand the test of time, and retrain to the remotest ages of the world, however broken in upon by man, in the practical course of life, under the influence of his passion. and his prejudices.* To the above human reflection may be added another position of the same author, as also of several other writers of emineu.o, who have treated on the subject, That crimes are more effectually prevented by the orrotridiy than by the severely of punishment: This nnasi of sound prisprudence is very warmly adopted by ti most sagacious commeritatort on the laws of Eng• laud, who has amply expreesed himself with much force mid ele;:,ance in the following extracts from his writings. —They contain sentiments whic:t cannot be ton often revived, nor too deeply impressed on the mind of the legislator, the philanthropist, or the man of the world, and as such deserve to be engraved on tablets of gold. In witting on the measnre and effect of human iuflietions tin offence, he says, We may observe that " punishments of unreasonable severity, especially when indiscriwitiately inflicted, have Mots effect in prevent ' iug crimes, and a:nettling the manners of a people, I than ouches are more merciful in general, yet properly • intermixed, with due distinctions of severity. The ' excessive severity of laws (says Monteequieu) binders their execution. When the punishment surpasses all • measure, the public, out of humanity, will frequently ' prefer impuuity to it. We may further observe, that 6 sanguinary laws are a bad symptom of the distemper of any state, or at least of its weak constitution.' It is, moreover, absurd and impolitic to apply the 6 same punishment to crimes of different malignity. A • multitude of sanguinary laws (besides the doubt that ' may be entertained .concerning the right of making • them) do likewise prove a manifest defect either in the wisdom of the legislative, or the strength of the executive power It is a kind of quackery in Go ' vernment, and argues a want of solid skill to apply the sante universal remedy, ullistrum suppl eium, to every MSC of difficulty. h is, it must be owned, much easier to extirpate than to weend mankir.d. Yet that ma ' eistrate must be esteemed lsoh a weak and a cruel surgeon who c..ts off every liath, which through ig ' norance or indolence he sal nut attempt to core.' ak.ti4fl, Though we :nay glory in the wisdom cf the English law, we shall tied it diiiicult to justify the frequency ' of capi:4l punishments to be found therein, Etlictcd • (perhaps inattentively) by a multitude of successive, • independent statutes, up. n crimes very ili:lercut in ' their natures. So drca.lful u list, instead of di ninirh • ing, increases the nuntb:r of off,:odcrs. The iojorcd, ' tlaimg7t . - onpassion, niq often forbear to proiecnte. • Juries, through cu,upassion, sonitti!ues forget • th..ir oaths, and either acquit tha ; , :ttilty, or mitigate ' the nature of their offence ; and Judges, through ' compassion, will respite one half of the convicts, and recount:end them to the Royal Anioag • many chdnces of esetiping, the needy and the hardened • offender overlool.s the midtitude that suff•r : he bohlly enptges in some desperate attempt, to relieve his 6 wat.t.l or supply his vices ; and if unexpectedly hand : , titistice overtakes hint, be d.•ems hiut.•ecf • liariy unthrtuncte in falling ut lust a aucriiice to dame • '.iws which long impunity hds tuogtit him to con ' • B iczai la. t Judge PlfickAcne. Works, Vol. IV. Our Cort6titution Ant gam. SUNDAY, AUGUST 18, 1818. SINGULAR LEGAL DIIFICULTY. A most extraordinary, and ;adored an unprecedented eircumstance has just occurred in the city of Gloucester. On the evening of Wednesday last, Mr. Ricardo, the High Sheriff, and his retinue proceeded about ten o'clock, in order to meet the Judges, Sir William (=ar row and Mr. Justice Holroyd, on their way from Man mouth, where the business had detained them rather time lata-latwomPAid vosfAirserd. fink mouth with the Warm* vipeatiiiii; tril. all his olitTi • . . did not enable him to r e nt Gloacestsr before i 2 o'clock. When Sir William was in the Sheriff's carriage, Mr. Ricardo suggested the ptobability of the illegality of opening the Cenimission on Thursday instead of Wed. day, which was the specific day. This at first did not very forcibly strike Sir William as a serious objection, and lie opened the Commis:4mi as usual. In the morning the Judge, Sheriff, Ate. attended the Church, and the Assise Sermon was preached by the Rev. James Hitching'. The Grand and Puty Juries were sworn in, and other proceedings commenced. Mr. Jostise Eltdroyd arrived in Gloucester about three o'clock in the afternoon of Thursday and a ctmsultetion was held on the suldect of the non-openin,g of the Com mission of Wedndesday. Mt. Jairitt, Dauucev, Mr. Pugh, and several other Gentlemen of the Bar, gore it: their opinions and at length It was determined that great mischief, b oth to the Crown and Civil side of the Bar might ensue, should the Judges proceed to trial under those extraordinary circumstances. The Court was therefore adjourned till this morning (Saturday), and the Under Sheriff meanwhile went 'Mt eniress to the Chancellor, in order to have his opinion, and to know if the business of the Assizes could be legally proceeded cm, or if it was necessary that a new Commisslon should be issued . Glaueerter then bacame a scene of cons dyable confusion. Lawyera and their clients were seen running In all direction's - The Witnesses, all of %idiots} we to remain at Gloucester, twee lamenting the loss of time they should sustain. barristers were renewing their terms of lodgings, and indeed nothing could equal the confesion of the city of Gloucester, when the tidings of the adjournment were made known. The conse quence:- of proceeding to trial were not at first con jectured. They might have been of the most lament able and mischievous kind. Prisoners might have been deernedillegally punished: decisions of lawsuits, would have been null and void, and even the Sheriff himself, had he proceceded to the execution of a sentence of (legh, might have lxvn indicted for wilful murder.— The misicty that pervades the City, it is probable, may not spec:lilv be determined; fir it is uncertain how soon the Chancellor may decide the mommtous nail unprecedented question. His Lordship may even think it rccc. , sary to summon a nwetim , of the Privy Council, and nt this season of the year such a meeting cannot be speedily assembled. From theevil and the inconvenience, however, good may eventually proceed, stud the present necessity there is tar a Judge in prupria persoma to open the Commission may be set aside, and a Sergeant s:nt tiirward fir this purpose, when the btu:lilts% of the pewee ding Assixet is of unusual inagnitude.—(o.rArd .lagrbt 15.) The Duke of Wellington has b,eo:ne a distini.,mMied collet:tort& pictures. He has lately made many valua ble actioisitions on the continent, particiikrly in the Flemish seltool. His Grace has desired that a gallery for the reception of pictures tray form a principal fea ture in the mansion to erected On his Parliantenta..y estate. \Vu are glad to see his Greee co; tiratiog a taste for so beautiful an art, and wish him success ; from the specimens of his purchase is the lust we think he has not been very fortanate hitherto ; the pictures of Cuyp and Ostade were not in the hest style of those misters, and except " A Isoten Town, by Vander eyilen," there Ara! not one thlt 'vas. O. thy et the wealth and fame of tlie prop:i..stor, or of th artists whose IIaIUCS they Isms. Ott Friday se•nni ; :lit his Imperial Ilighlies the Grand Dohe iehael was presorted with the free.hru of the city of Ealahargh voted to Limn via Vt7 , 2.liles.lay, and was splendidly entertained by the Lord Provost at his own house. His Highness seemed highly gratilica by eke at ..attions biol. A I piper, in 101 l pta:ed national airs in. front of the house, tieect.;(l particularly to attract the wake of the (;rand Dake, who, as natal, rose, noon dinner to pa.s -tai-e is arace, fr.w.,, 3.c. at « +;:ry sari; PRICE 94& DRURY LAYE THEATRE. COURT OF CHANCERY, Auo.lg. The Lorl Chancellor on coming into Court this Learning, proceeded to give judgmatit in this rase. lie observed that it came before him by a motion fur the injunction being dissolved which he had on an es prirfr statement granted last Saturday. When ho grunted tha i *upcuoh, he did it on the condition of &mediate ,sist -en to the defendants, beeituse he had Ameba whether be (login to Itsvit :rolled it or Woo; but he wished these doubts to h:t removed, not by any opinion of Ms men, bat by a coal and dispassionate discussion of the whole at the Bar. The Bill ,(the contents of which had been correctly stated by Sir Samuel litonsilly) went into a long de• tail of the two Acts of Parliament passed in 1810 :ma 18 I‘2, and it also described the various dealings of the ilefaidants. It would therefore be necessary tirr hire to read these Acts now, and to mike some observations on them, as he would be thereby the better enabled to skew the facts of the case mount:sly. (Nese Ms Lordship at great lenglh went over the afferent clauses. of the Acts.) The result of the wboks was, that by the first Act the proprietors vete constituted a corporate body, and had powers vested in them which the Le gislature gave them very para.:tiler directions how ta discharge. Pe might 10 it down as a principle of law, that while the powers vested in select parts of a Corporntion.couldbe exercised by tae :eke t parts of that Corporation, it was impossible for him to say that a. body of men could assume powers whirl* were not ;Ores them by the Act of the Legislature. 1 hegeneral assembly of proprietors in this case might give advioe, at least they might appoint a Select Committee to give such advice, but that Committee had no power to dictate to the Go• neral or Sub-Committee what they ought to do. If it was true as war alleged, that the General Committee was not a valid one, and that this Sub-Committee was its the sante state, by not tinting agreeably to the pro vistuni of the Act of Parliament, then the question before him was, whether the Corporation could anv longer exerbise their powers, and he must judge of that as he would du in the laws made relative to corporate b adios This question, however, might us well be avoided, for the Ihinefit of all parties. It would perhaps be as well fur him not to go into the afiiiluvits at all; yet he felt very much that this speculation was going on at an immense hazard. Of this he was very deeply convinced, but how was it pmsible for hint to in terfere in a CM! where the pweN of the Committee were settled by Act of Parliament ? He bad given the case his most serious attention, and after weighing all the circumstances in his mind, he was decidedly of opinion that lie could not support this injunction, on sr count of the absence of parties ; this was not the only reason, fur he also was convinced that no Cali() whatever had been mule out to justify him in continuing the , . injunction. The injunction was accordingly dissolved. Thor Any a warilinote for the ward of Farringama Without, W31:4 Bala ut St. Bride's Church, for the per-- pow ofelecting 3t per-op to serve as Common Couniatines i n th e ro om of Ur. Waithman. Mr. Fivins !implied Mr. It. Taylor, of Shoe Lane, printer, and wated that he Witti to rains'. Mr. Clark wits also proposed,' but finding the majority of the meeting was in favour of Mr. Taylor, be resigned the emltest. tlis.n a show of hands Mr. Taylor was declaeNl unanimously elects'. Thursday mimic; the principal CaMier eie Bank of England fruited on the gentlemen of the Stuck Ex. change, to infigni them the Clialicelior of the Exchequee Would he ready to receive their bichlim., tin the first State Lottery for the year Oil $, on Sitturthiy, the X 34 instant. A German ppm. mentions, that a horribt• mirder has been committed by wane fanatics io the i•iivle of Leissnig, in Saxony. It i+ said, that en arti. !an, of the name of Kloos, has lattly formed a pretty namennis sect in that part of German,, who have a 'opted the belief that they are lama to sacrifice nut only brute animals, but human beings to the Deity.—. Tho German paper asse rts, that s;:veral attempts 'vhich plecure victims had but at length, a p"nr man who was not a member of the suet, ilas been murdered in the most atrocious meaner. The w i„,i e c ountry about Leissnig, Coldits. Grimmu, (6. c hat/. &c. 6 in no 'Att..: alarm at the estensi% a L'e this sea. --:_ "r ti-- - - (,/ 4 1 0 (. 4 1 ? , ...-........ the cli. iris cd. the 'lt• Lai at. the to !nty, the :;sie a; tt red of . 11 Ui A. Cit 7° - ..i t