The National Register. — London, England, 1808-06-19 00:00:00

JUNE 19. Tx x tire,IKER withdrew his clause, and Mr. Perceval's amendment was adopted. The remaining Clauses of the Bill were then discussed, and several new clauses added. Mr. Mellish presented a Petition from the East India Docks Coayany, complaining of the sale of an East India prize in a port of Cornwall, and praying the House to enact, that East India prizes should be compelled to enter the East India Docks, confOrMable to the Act of Parliament for regulating the Docks Company.—Ordered to lie on the table, Mr. Huskisson brought up a Bill for regulating the trade at the Cape of Good Hope, which was Lead the first time. He also brought up the Brazil Posting Bill, which was read a tint and second time. Adjourned. WEDNESDAY, JUNE Read a third time, the Irish Spirit and Irish Loan gills, and passed them. The West India Commissioners Bill, the Barrack Commis sioners Bill, and the American Trade 13111, were severally read a third time awl passed. The Bill for better preventing Smuggling, and the Excheque• Pills Bill, were severally read a third time and passed, The Irish Permit Bill was read a third time and passed. The Redeemed Stock Bill was read a third time and passed. The Ale Licence Bill went through a Committee of the w hol )louse, and the Report was ordered to he brought up to-mor row ; a clause being introduced to empower Magistrates to grin• certificates, as well to assignees or cousignees of publicans ith in the year, as to the publicans themselves, aad that the same shall not take effect till October, 1809. .11,i. PARN.f!LL was desirous of knowing the intention of his ;Majesty's Ministers respecting the internai navigation of Ire land? SIR ARTHUR Wrz,r,Esr.Er answered, that it was their inten tion to authorize the Board of Navigation there, to receive pro p►o;als for all improvements of that description, which ulti mately would benefit the inland navigation of that part of the United Kingdom PRIVATELY STEALINc. BILL. Mn. Byrn.°lv opposed the Bill, as being of a dangerous ten dency, by holding out to the world, that capital punishments were inconsistent with the spirit of the Constitution. The Learned Member entered into a series of observations upon the extent to which crimes of burglaries, pick-pocketing, shop lifting, and almost every species of offence, had arrived at ; in all of which ihe ingenuity of committing the act privately con stituted the offence of the mischief. Ile was afraid the Bill would operate as a proclamation of impunity to offenders, nu. less the punishment to he introduced into tile Bill were made commemorate with the crime. P/GoTr defended the principle of the Bill. in this he nitiotained that he was supported not only hyt2so years ex perience, hot also hv the assertions of Mr. J ustice Blackstone, and a later, but a.: philosophic a person, the Learned Archdeacon Paley, all of whom chew that the penafty of death does not prevent 'the peyetration of the crime. _ _ Mu. Lc ITE•ri:u said, that several lion. Members seemed ra thet to mistake the practice, as it prevailed, relative to the pu nishment Of °Wenders of the description mentioned in this Bill Tue Judges could have no possible wish to carry the law to tts last extremity, and it was alwajs with reluctance mid sorro►: that they complied with the severity of our capital punishments, and of delivering the wretched culprit to the execution of the law ; but he appealed to the good sense and humanity of the House, v. hether it would not be better to let the law remain a, it is, and leave in the breast of the Judges that discretionar• power which, for so long a period, they have exercised with wisdom ; justice, and mercy, rattier than direst them of it now , when, by doing so, that terror is removed, labouring under hich, has prevented the increase of crimes to that extent which otherwi-e they ivould have reached, if those wise and salutary laws had not checked them. Whenever the circumstances of the case will allow it, the Judge never fails so to represent it to his Majesty, that the punishment of death may be committed, ti which, whenever such representations are made ► his Majesty most graciously, and with his wonted clemency, uniformly con cedes. In fact, it was found by long experience, that discrt.- tiouary power of the description he alluded to, must he left in the breast of the JuJge ; if not, instead of preventing, you en courage the crime, or, at least, go a great way towards it. The Learned Gentleman concluded with stating his decided disappro bation of the 14 in its present shape. SI SIR Ro:IILLr said, that is m much objectioa wa made to the preamble, although in his mind it cl nve ed a truism, yet he had no objection to forego it, rather tl.an endanger the Bill ; at present, front the severity of the statute, it became al most a dead letter, for between th:! compunction sisal compassion of prosecutors, witnesses, juries, and .judges, many offenders escaped punishments, nod the prospects thereby afforded of the many evident, as well as acc.dental circumstances, that led either to acquittal or escape, only ei:couraged the commission of of fences, till they became so nu:neraus and so bod, that they reached the most munition; crones at last, and society therefore was infinitely more injured and exposed by this law than with out it. The lion. and Learned Lie.:ileman concluded with iting Blackstone in support of his arguments, and trusted that the time would entertain tie bill. The questi-n was then put and carried without a division. The House then proceeded in a Committee MI the Bill. THE SOCICITuR GENERAL then proposed an amenintent, making it felony to steal from the person of another without that degree of force that constitutes robbery ; leaving, however, the precise degree of punishment, in some measure, to the dis cretion of the Judge, and making the highest degree of punish ment for this species of crime transporiatom for life. But he also proposed, that it should be iu the discretion of the Court to inflict, in certain circumstances, the punishmen t of only seven years transportation ; and for )(longer culprits, he should pro pose confinement in the common jail for a period not less than three years. Ile then proposed to submit a preamble, stating only, that " Whereas the said Act has not been found effectual to the prevention of the crimes therein me , dioned, that it should be repenled ; and whereas the taking from the person of any man without such force as is sufficient to constitute the crime of robbery, should be punished more severely ihnn simple larceny, the person convicted, mid all Ilk alders and abeitors, shall be liable to be transported for lire, &r." Sin S. RoMILLE ohjecicd to the clause ; hut as it seemed to meet the general sentiment of the Cominittee, he Should not di side the House upon it. Ile coincided in the opitiiiai as to the ire!licacy of limited transportation, and lamewed that the Act (or establishing a Penetentiary on the principle suggested by Mr. Bentham, had never been carried into execution. The house then went into a Committee, and the Solieitor-Ge- - neraf brought up his clause, which was read pro forma, ante wade part of the Bill. tiPAIN. Ma. SHEBIDAY said, an idea Seemed to have gime abroad, that he intended to submit some specific proposition with'tegard to the subject ; but he desired it to be distinctly understoo: 4 , that he did not mean to prescribe any thing whatever to Alii*.ters is to the conduct they should pursue; he meant nothitv More • than to call the attention of the House to the interestinr thin of Spain at the present moment, and it was far front bei.og . , his design to lecture the Goveroment on the subjf,ct.. He',has slrry that any thing like an expectation should ,haVe bi•en that he should be so devoid of muterstanding and e...en good taste, as to tipkok of laying down any specific plan to he imrsued by Ministers with re and to toe present situation of Spain. He wanted Ministers to c,,g;.9, - e io no romantic and tlis ;)ropurtioned efforts for the deliverance of that country ; set ever since the first of the French Revolution to the yesent mu •Aent, if the enthu-iastic spirit which had broke out in a p: - _rt of Spain, extended itself like a rapid dame over the counter, it struck him that there never was in all that time so treat an op portunity for this country striking a bold and decisive bl t v for lie rescue and deliverance of Europe, ar at the prestot moment— ( Mar ! //cc/ . ! ) lie was disposed to trust that MV,ters ia 4..neral, and particular'} his Right Hon. Friend, wotd,t not let -,ip such a glorious opportunity ; and he would conjnee them .tot to deal in driblets and in SIIIIIII measures, as had been ton often done by this country. They ought to do much, or they s'.ould do nothing at all. ile was sorry' to say, that tint oLe sii;gle Cabinet of which he had any knowledge, ever eNisted in thk country, that followed one sitti:,l , .! object in their plans for the deliveraace of Europe. instead of striking at the core, they were generally found nibbling at the flied ; they went Melting rot. a sugar island, while all their efforts should nave hem Jirect d against the radical evil. From this general obsen:dion s nowever, he must certainly except the late 11 r. Burke, and icia Right Hon. Ft ieni (Mr. Windham) : tern then would be, do what you ' fully, or not at all. Avow in the pi pur-iues no private interests in the sul .on have nothing in view of what interests. but that your only object, a. ilk ( ch., / trktion . to....Vi{aise , mean,h7 . &do , ..s j • ~p i 1; 1 efip ,at s upp 14 . 1. .• et 4.111 ( I ma .jie ~ .01144 i • : • A e ' i 5 Abe. atiligniut. If - ~ii .' • ....• ; 3 .4 t : lb, „..,, ~. ' .- THE NATIONAL REGISTER.