The National Register. — London, England, 1819-03-01 00:00:00

~~ ea c eat, we must enter neon the task - with 71 full con- • viction of its importance, and a cincere resolution to • bend oursely.ts down to our labour. Wu must inquire , into the ceaeteter, temper, and moral constitution, of the individual, and &orient ourselves with his natural acquired talents, his habits, and his views,.ia order that we may be enabled to adopt such measures for his im provement, as may be best adapted to the ease. If he b:ignorant, we anuA instruct him ; if he be obstinate, i:3 arrogant, we must humliste him ; if he be indo lent, we must rouse him : if he be desponding, we must et courage him: and this, it is evident, cannot be ac complished without resorting to different modes of treatment, and the full exercise of those moral and sympathetic endowments, which subsist in a greater or Jess degree between all human beings as incident to our tontmon nature. In the mean time, this sapp eel practicability of the adaptation of punishments to crimes, is unfitvour able to the progress of real improvement ; as one of its c%pected consequences is, that punishments should be invariably afflicted, without any relation whatever. That !his is the op:nion of Mr. Bentham is apparent, front several passages in his works, and particularly from the fidlowing, where, under the head of remis sibility, he thus explains the term :—" This is where, although the offender has been punished. yet on ac count of some good behaviour of his, diplayed at a time subsequent to that of the commencement of the punishment, it may seem expedient to remit a part of it. But this can scarcely be, if the proportion of the punishment is in other respects what it ought to be. 'I be purpose of example is the more important object in comparison with that of reformation. Whatever then is required ter the purpose of example, must abide at all events. It is not any ref eination on the part of the offender, that can warrant the remitting any part of it. If it could, a man would have no thing to do but to reform immediately, and so free himself from the greatest part of • the punishment which was deemed necesary." To this reasoning, which, if adniitted, would destroy tl!e very principle of the penitentiary system, and es a.)lish an inflexible, unillmm, and indiseriminating mode efpunishment it. may, Jim the present, be sufficient to reply, that until a regular and efficient scale of crimes and punishments has been formed, it would be prema ture to avail ourselves of our boasted inf llibility ; and upon an idea that the judgment given was perfectly just and applicable to the offence to punish a criminal to the full extent of his sentence. Even Mr. Bentham his himself admitted, that " under the continuant of the present imperfect system, the property of remissibility may be deemed a n.eful one. but,would not in any con e meted system, in which the rules of proportion befitre L ed d o w n should he observal." That in the opinion of Mr. Bentham himself, such period has not yet ar rived, is apparent ffilla his constant and auccessful efforts, for the advancement of levery plait that may tend to reform the unhappy offender, and shorten the period of his captivity ; end till it does arrive, let us cmtinue to avail ourselves of the most measures so our power, to call the guilty to repentance. and to i'.en the calamities of human nature. IMPERIAL P,UtLIA3IENT. HOUSE OF LORDS. fin the days not noticed, no balloon of p.!lic ioterest was trill/Mtt a. THURSDAY. S FATE OF THE PRISONS, &e. . . VisconntStomotrza, addressing the House, said, he bad then to lay upon the table the trims made by command of the Prince Regent, in conscanence of an addre+s moved by a Noble blargois fur an account of the various Prisons, Peni tentiary Houses, and lion-es of Correction throughout the kingdom ; and he had the satisfaction to state fur the infot =alio., of Btu House, that the returns had bten made to meet the wish of the Noble Marqnia, who expressed a doubt on a former day whether all the retorts might be made out to procure full information. The course pursued was this :—Letters were vent to all the She ll& in Great Britain requiring re:tarots of the state of oil Prisons, Penitentiaries, and Houses of Correctian under their management. le•tters were written to the Clucks of the Peace in evt ry County, fur similar returns, and to the Ma. gistrates of every town in the kitt.lolo in which it was known these aas a Gaol or Prison. fl lying so dune, niany eitiras Lad been nma+le , and if any Noble Lord wool.] mention a p;ace or Pi isoli where returns had sot been made, he would confer a lisOur. The rettirns from Scotland were not clothe complete. lie might say that .s•Eiths of the information ex. pee tad was on the table. They bad a mass of holm !maims respecting Gaols, sufficient to inshore the H ouse t o lute no Lomita referring the same to a select committee of lnynly. They had also a variety of idioms respecting the uttrai user of pi isonets sentenced it punishment in Great Britain, flout the year 1805, the period at a Itich the register was first nl4de,tu the clu , e of last year. The House would find a separate ac count of the number of persons convicted ite London wad Middlesex, I rum 1740 to the close of 1800. The Noble Vs.. coons added, that he was enahlrd to stale, that the minaret of COnioninients daring the last year ads less than that of the yea' prone big. The don Motion wee not considerable, hat the knowls dge that Conitnenneols had decreased could nut fail to aflerd ►atisfaction. It wall also sent tat) of Onser%4lloll, that the increase of crimes in the City of London anti Carrot'. tf idiolktieses us, less in issuportion than in tasty other par, r f Great Botem , c‘reptilig Rutland and Glamorgan. it had btu., geuctitity auppwell slut crimes had incremoctlisi ceubc- 44. Ih iItitNATIONAL UEGISTE7t quenee of the had state of the Prisons. That iew was cor rect to a degree; Om those %Oh, lucid alio' opinion, should look olso to the mane salutary Statutes poised during the pet ition reign for the I egulation of prisons. It Was toillOsSible nail to admit t lir re hail been a lamentable increase of crises within the lat , t two or three years ; yet they cu . d nut 'hot theit eyes to the late distresses of the kingdonn, occasioned by the high pr ye of pros isnot, the great demerit' for and the simultaneous discharge of the Arany Anil Navy., All those causes c. old nut foil tu produce an increase of crimes. hid. pendent, huwevet, of ilium cancel, Parliament ought to cot reel tile stole of the Gauls, and consider one. (lies the adoption of salutary eirallatirms would not pro duce a remedy fur the evil at present arising firm the crowded state of the prismis. It was advisable to look well to the etttisc of the iiirrease of crimes, mid see what wall best I.) be attune to cheek the mass of iniquity, the crimes swelied the catalii.tue year alter year. bottle bail al_ ttinuted 110 s increase to a sang try Cri sss i s ;al code, Kalil vtiaeney of pntilshinent. A reference to the returns front 1741 to the present dny, of coos ietions o unld prove 11141 lite Conviction, and eseeritiont had out been exeessir V. There was no centilitre to prose 116..1 the laws were sanguinary. On the contrary, the had beer' oil •ititiistere:l petit:sits svlth taus much Minty. With respect to srutaportaliuu to New Smith Wales, till nasal admit the dread of that ittlirianneilt was ; anal as toe minaret* of transports had so lunch ilierea.cal, it Wit 6.t ettnictitplattJal to enquire whether another et.tablisliatent might not be lorisied for the most alionaloried convicts. 16. Isar a rival re gulation had been entitle, 'lke Convicts bast on interest in be having well. Iliwancei had OCCIIe val its which testimonials of good behaviour sad gained the individuals their hitt' IV when their term of imprisonment hail had half expired. The NohleViseount theta drew the attention of the House to the advantages erisiug from the introdoction of trades jail IlliesA try into prisons. Hard labour should be required from of fenders ; but they sheikhl have the benefit of morning in the course of their confinement, some useful occupation, by which they might honestly maintain themselves and shell famalics when released Mum pimishinent. At the same time the prisoner, treated with hernabity, should feel that lie had been punished, and go out with an idea which would deter him from the commission of crime in future. Prison regu lations were to be att.maled to upon the l'imetentiary plan ; and although some iticollyellit•llee might arise wait suspect to expense in the erection of buildings to carry into effect proper arrangeonoits. the Co. iiiiii tire would not abandon their plans on slight e,rostails. "[he Noble Viscount cwt chided by moving, that it Select Co.nuititee he apputined to take into consitimation the several papers laid on the table, by command of his Royal Highness the Prince Regent, 1.111 the 19th, tad, and 23th of Feba nary inst. relative to lite state of gaols in Foreland and Wales, and several other matters therein contained ; and to report ilsrfrust. The Matquis of LANSDOWNE considered the motion only objectionable ilinsintich as it slial not give sufficient direction to the ummtittee. would hove to consider 750 Acts of Parliument, connected with the criminal laws, betel e they could furnisit the House with information as to what were the regulations to be atop ed. On that ground he ob jected to guilts into a Committee without they were fin seislied with additional direction. They might, under the direr lion then proposed to be given, report a better but wore equal innate Of pititi.dvnient ; also a proper distinction to be nude between pi isoners befure and after piiiir.lieuent. Pri sons wets defective if they did nut afford one .mode of treatment befere ermvictiou and another after, it they did not prevent that contautioating site. t which had increased crimes, it would be desirable that the 'Committee slion:d devise means to bring such repo' ts or the slate of prisons before the public us Might tend to correct anti dimitiisla crimes. Lastly they should establish th it species of labour which should be observed by prisoners. The Noble Marquis did not propose any athletic!. went. The motion ;vas then carried ; and Lnrd Sidmonth moved that the Comunttee du con)ist of the fu110 , % iug Lui ds The Lord Chula:llor, I Lord Waitworth, lite Lord Vrvsident, I Lord Beauchamp, The Marquis of Lansdowne, The liishop of Chester, The Earl of Carnarvon, The Ili hop of Landatf, The Earl of Livapool Lord Holland, The Karl of Lauderdale, Lord Kenyon, Earl Alulgrave, Lard Aueland, lord Louadale, and other,. The above Lord* will, of course, form the Committee. After some discussion on the employment of clititheis in the cotton factories, during tuo many hours in the do, this House adjourned. • VIZIDAY. Lord KELLIt presented 41 Petition from divers Landlick/yrs sad others in the county of File, praying that, in taking the average price of corn, the maritime tlibtiict of Scotland may be Wended. The Petitioa was order eti to lie on the table. Phc Chiscey Streapers' Hvgidatio:i Bill a•as brought ap fi Com ti:e Cuininuns, and read the hrst time. SeveralPtivate Bills were also brought up, and read the first rise.--Adjoiened to Monday. HOUSE OF 'COMMONS. MONDAY, Fss. n. Air. WAIT:4IIAX said, he held in 141 band a Petition from R.Cerlisle, complaining of vexatious arrest and imprisonment. lie wished to mate that he knew nothing of the Petitioner the Petitition had, however, been put into int hand to pre• sent, anti therefore he now mowed that it should be lartmght up. 'flie Petition w a brought ap .111111 read, and tompidined of the 1i:114411p the Petitioner had sustained, in begin; rested tinder a warrant of thief Justice Abbott, and pi eying fora repel of the law which gave this porter to the Chief Justice. Oidered to lie on the table. A Meseoge from We Lords informed the Rouse, their Loidst►ips had agreed to the . n%eniy MiLions Exchequer 8,1 Bi►t, and the Bristol Bill. The 11.1.11eS of the &flatters uu P►iday's ['allot were, ou Ilse Motion of Mr. V.u.►ttart, called over, and the screral Members ordered to wittyt on future 1),1110:,. The Cinustiersweencr,' Regulation Bill was read a third time, and stilt to the Lords. THE WINDSOR ESTABLISHMENT. Lord C4STLeREAGH then .noved !he (k(ler of the Day, tor the House 1.; g into a Committee on that pa§ tof the vetch of the Lords Linionissioners winch related to the M. initsor EitahlisliateW. The Mouse Lasing accuritiliz;y itiicivcd it- n.kitr.lT 1 self into a Committee, the Noble Lord observed, lie should now proceed to Illnve certain Resolutions on the sithject of hi. Nlojesty's Attu!, Establishment. The more usual way could have in en, per h aps, to have •eil for leave to biro ; in a Bill, and then discuss that Hitt in its several ; lout he was desirous tile. House almond have the is hole subject before it at one .view, and SitattliSS Ihe IteSobllloll9l ; which, ilZreed to, he then could nueve for leave to bring in Bills founded upon them. He Anodd move. firm, ;$ grouting 40,0091, for his Majesty's Establish ; second, a Resolution fur regulating the Pensions of lies late Maje4tyi SetvAlitx;. third, A blesuliition for a groat of 10,0001. to the (.. ' iustos uf his Majesty's Pelson : *and, font oh, to melee a partial alteratioa in the mode of siopernitionating the Kona's Servants. There would also be *bills andlsixds. Resulution, but they would be of subordinate ennsequen,e . and %soul" society regard the future payments train the Ex: chequer and other neuters of fm on. The Noble:Lord thew pruceeded to state the sever4l Resolutions and their object to the Committee, With is epee, in the filet resolution, inimely, the ao,imal. for the Windsor Establi•h cent, the 141 ttttt rs of tbu Committee hit 'lt elflike .. .l Iris labour by tioelr Report ; they twitter 01i that enin at a fit one for the Ventilator Esialstisisisseitt. Tiler° WAS, as far as could he, general opinion that tilt snit was remientable, and the otipuiniuneats in ide o th ea timeh•economy as eotibi b e d om. The only paint on siettiels there was any difference NYS, whrlhtr there should he fiur or six Lreierroeo. Mr. Iltirke's Will hail certainly fixed the annitier at four, and lie should now re-argue that weenie°. With respect to the 50,0001, nue third would , be taken to keep up Windsor as a Resat' Palace, and steer one third for siderira ; and in fact not mute than 16,004. svotilil he left fir the support of his Md. jesty's tatec and state, a slim which be trusted would not Se considered as extravagant. Thu second I esoliition wont relate to the salaries a al prit•ions to her tote Majesty's houschopl ; and ewe the Committee bail endeavoured to fermi themselves on the precedents of QIIVPII Caroller the PH:i ces, Dowager of Wales, and ()even liars ; and wherever these couil be deperleil front, witivest elaritte strict atiention hail been paid to ecommos. With resi ect to • the officers of state, tiel had deported from the preeedeut and bed reduced their salaries from 55,0001. to about 18,001.11. dins saving about 7,0301. and the sum now to be voted fur the superannuation of her late Majesty's servants, We/1 Its. than eithar Queen Curoliue's or the Princess Dowirger's. third reselittion related to the grant In the Cll4losl. Upon this he understood the Right Han. Gentleman intended tc propose an eitiendineoit. He sinderstooll the Right Hoe . Gentleman did not propose to alter the office of the Ceesios, but merely to propo-e that the allowance to the C i o s o ei should be taken out of the privy purse. This would be Sc touch that fond as a public hued ; a proposition which, in Mr opinion, could not be defended on any principle of law 0:* katiee which the Right Hon. Gentleman could !wise fore aril When the office of Cistos was considered both as 'elated t , , its sespinisibility, whether looking at it in a public or private point or view, and its importance. lie could not but think it might to lie paid as other great official trusts were, out of die public purse. He was MOW to COtllollti with the Right (dolt. Gentleman, that, as in the case of a private .individeal, the Lord ChalleellOPil °old have to decide whit charge shank! be laid oil the lunatic's estate, so was Parliament in its equity to decide upon the charge to be made upon his Majesty's pro perty ; and furtiier• that in law, justice, and rgnity, the House could not apply the sin-pine of the privy purse, which was private propel ty, to !Me rry . itiont of so public °Meer, 29 the Comes was, whether th it otbee wa• vested in the Quetta Consort, the Duke of York, or ans othi , r individual or high rank. Tile Acts of the 39th and abtli of the King bail given. to his Majusey tae right and controul over this property, and a power to his Majesty to dispose of such private peoperty by will ; and to pet it beyond all doubt what this private property was, from What it was to arise, the 1301 mei merates the purchases Made by his Majesty out of the sur plus of his privy pulse. Aud, if any doubt after this carol+, , have existed, it was set at rest by Parliament, in the Acts at isil and ISIg ; when iu these Acts, Parliament with the mist scrupulous jealousy, declared the Privy Parse to be 60.0001. and tied up as hi, Majesty's private property, in the strictest manner, to be disposed of by his Alajesty,either by will, or as the private properly of any tither iudirilinal would be by law disposed of. Anil at the time they did this, Par' [lament was most careful not to throw any public charge upon the privy purse. And he had now to contend, diet 151 the ease of the King, the same charges could not be 'mode on his private property which would be made on the property of any individual. He was nut now arguing the case of a , private individual, hut the case of the Sovereign of the Country, revered and hemmed as he was slid ever would be. The Sovereign at the commencement of the present hail a revenue w:ticli would now have produced two millions. This he gave rip for a tiered Civil List and a Privy Purse. All , his servants were paid nut of that Civil List; and were, in fact,. ',oldie Servants ; and although he had beau ovet taken by the lamented Malady, under sv hick he now laboured, he was nut lilts our Sovereign, or less entitled to his moppet) t maimenanre, and to the stipport of his public scream. ; and if there was a public Officer at all about the Roval Pelson, on Officer of public , confidence end' trust—an individual who was to shield our Sovereign and the Constitution of the conntry from the machinations of those who might be ionlowed to invade the rights of either ; whilst treating on such a subject, he trusted the Legitlature would not wish to put this individuel on the footing of an old pulse atteieting n sick bed.—Hear, hear!—He hoped the . question would be met itiantelly and foldly, arid Cot he dis• posed of by trimming of votes —land cries of Hear ! from both sides.—No Officer could be mote prominent than the Gnardian of the Kiug's Person. But the case had been sealed up by the Acts of Paeliament. 'file privy purse was the private property of the Koverei4ll, and tue.lit have beets disposed of by will. to usinblish,rush a tnrerecnt as %sal now proposed, would be consistent neither with the wisdom nor the justice of Parliament, as it went to deprive the King of a right possessed by the meanest of hie subjects. He (Lord C.) nddrevied a noise that was about to commerce its career of legislation, and to establish its cloaracter..—Hear, hear ! from all qualities of the House.—And would it be come a Bi itish Parliament 11) tresapaea on the rights of their afflicted and nnfortunete Mount rub ? During the pressure of a protracted war, the property of the foreigner vested in our fowls renteitied untouched ; and would the House lay violent Minds on the small remeant of the properly of the King ? He hardly thought the Right Hmieurable Gentle. anon would have the hardihood to make the proeiwitiolli or would endeavour to itidece the House to accede up a pro• position that would cover them with 'Diem). But sheltie} lie have eguiteir of nerve for the purpose, he trusted ihe House wurold treat the preposition in the summer il el IL I've himself, he se‘tild say, " :Maws Irv. Zee. swim ie" T