The Statesman. — London, England, 1820-04-03 00:00:00

v ‘ 6- • a • • OBSERVATIONS ON SOME DISTINCrIoNs HF.TWF.EN THE ENGLISH AND SCO'rfltill SYSTEMS OF 1.W..1 (moll sal)wsx's LANDoN m.i.GAztsr.) While the isitereenras Isetweee Ragland and Scotland has almost entirely assimilated the language, manners, :oil habits of life of the two countries, and i s vs-sidle annihilating mei their 'untold windier& it is certainli somewhat silgular 'list, in their laws and civil institti- I:JIIA, they s!'ul3111 still be almost as far from air appa ls-tot approximations as when they were rivalr in the tied, and that the idea of such approalusatiun should he held almost in abhorrence on both sides. Whatever may be the effects of this distinction upon the rights of indiviakoals in either emintre, it would went that any in cuilYeafience arising frotn it Is held trifling compared tu ht effects dreaded from a sinioo of the two systems of law. A recent manifestation of the dislikes. which we have allnded, on the part of our northern neighisonra. ?•as led us to .t consithration of the subject; sod it is • our intentiou, in the neur4e of the followieg ohserva- Oons. cursorily to examine a few of the leading points u. difference bete vets the Fuglish Laws and the r of s, +Aland, in the viers ut ascertaining, to a certain exteut at least, upon which side the preference, which each um lion professes for its own, is most justifiable. The criminal law, as the most interesting. first de l/tends oar attention. Crime is equally obnoxious to the leetslarttre caotories; hot three are 4:1 fe:tittritaittirrs peculiar to ray!;—(as in I:tiriaturi the commercial character)—is huh render certain crimes yore particularly the object of 'relation. repression. 'ffie laws of a kingdom united under one goternment and coostitution, cannot differ in regard to what is, or i , nut, erimina!, and caeotot allow sit any material dis tinctions in the api'ortionment of punishment to crime: Seoriand, bon ever, the complexion of the general • riminal law is tem Is altered by the power given tu the J-tie, of apportioning the plintslitneet to the offence: aad this power is attended with the most beneficial con septi-nres to the character of the law ; for criminals Lying judged by the peculiar atrocities attending the commission of crime, and e cowry, every circumstance of mitigation being taken into account in passing sen tence. the tii.treear.l or positive enactment, which is in s +bred in the English lc -artier of condemning without the intention of executing, is wholly avoided. Thus the law is strictly held in Scotland ; hnt we cannot deny that it is almost completely destroyed in knglated by ik- habitual non execution of its most solemn decrees. The few distinctions, before the Union, in the laws r-lating to crime, molt as that of Scotland declaring fire firing coal 'tenets, assassination, and some other mem, to he treason, are almost all done away by the s• it utes of the United ; and it is to the mole ..: eiltninistering these loos, therefore, and to Ilse COW p .r.itive advantages to the arettscal and the public, of the ✓ s..ective forms of trial, that any remarks 'iron the e:-inch of the subject must he chiefly directed. The administration of the English criminal code is justly celebrated for humanity, and for the securities Insin oppression, afforded to the subject. The system f requiring the crime mid its punishment to be strictly yenned by statute, before it can be made the sub ject of t 'lel, --the necessity of a previous opinion of the Grand duty that the accusation is well.foundesl,—the extensive s - ght of challenge of jurors, 'Hutted to the prisoner,— the ad vantage given ahe +rimester e most trilling error in the indictment,—aud the demand of unanimity un the part of juries in their verdict, all evince a regard far the interests of the accused, which merits the very I ighest commeutiation. But, in comparing the mina- Filtration of the criminal Laos of too commies, we must hare in view the errata! +thief, is severally paid by item to the interests of the accusers, er the 'amino' as well as the accused ;—and we may reasonably doubt si !tether the Scottish system of :Wowing the crimiui! 1 'ion to take es+gnizinie of every act in ihclf es ideutly rositeal, although such act, or its punishment, should be its 1:0 gray di tined by statute, lie not of more real ail. s intage to ' the comitmeity at Large thAt Ihe English sv tens of definite curate, and in the Hill equally humane norards the offender. The evil is thus checked in the outset, and the punishment, being at the discretion of the court, may 1w n u . re safely gentle than whets the • rime lass become so I ..... mon as to require a statute to r •press it ;—beside., the punishments appointed by sta tute are necessarily severe, and in new descriptions of clime cannot easily be made applicable to the varying cases that must occur. In lieu of the (frau I Jury of England, which, as our r..atlers know, is consposed general's- of a number be t.. eeu twelve and twenty•four of the chief men of a county.—twelve of whom mast agree in finding a true MlL—the Scotch have a public prosecutor, the Lord Ad vucate, upon whose single discretion offenders are ar raigned, and at whose instance they are prosecuted. The question at issue between the two systems npon this point, as regards the accused, seems to be, whether hr is more I kely to have a fair precognition (to nse an apt Scots law tents) of his case, from twenty-four neu tral men, than frosts one individual of rank, a servant of the crown. The argument would extend to much greater length than the necessary limits of this article will allow ; but we have the authority of Mr. flume, in 1,,s Treatise on Crimes, for asserting, that, in practice, the Scottish system of accusation has not only been at tended with no evils, but that to that system is owing "the singular and coustan! moderation which has prevailed time out of mind in the administration of this part of üblic justice." As regards the interests of the commit s ity,—when we state that, by this plan of arraigning, the private party injured is, to every case, entirely re -1 eyed of all rape:ice or prosecution (a grievance in England, which many e f our readers have no duuht ex perienced), we conceive Oat we say enough to ensure the preference in that respect to the practice uf Scotland. The English tuode of insrannelling juries upon cri minal trials, is certainly more favourable to the r Goner tnan that of Scotland. In England he has a right to csallenge, upon cause, the: whole array of seventy-two, and a right of peremptory challenge to thirty-five of the number, without ran-e assigned. As this regulation aloes nbt, by its attention to the interest of the accused, allect•in any way that of the 'midis., use do nut hesitate to prefer it to the Scottish simile of impannelling, which allows the prisoner no challenge at all, except upon cause, and these only to the jury of fifteen chosen by the Jade, from forty-five summoned. and presented by fives by him to the prisoner. But we do very notch question the superiority of t laepriefical benefits resulting to prisoner s from the English regalalon, when we consider that, except for treason, a prisoner has not, and by outled law cannot hare, the assistance of 4:mussel its his defence upon the issue of guilty or not guilty; whereas, in Scotland, he is not only entitled to this assistance upon the whole matter of faw and of fact, but the Juti tf es bare the power. by statute, of compelling one or more remisel to defend hint. The same observation applies to the advantages to a prisoner from errors in the indict ment, which, though perhaps not allowed to the same camas*. in Scotland as in England, are nevertheless much owe likely to be discovered and followed up by the legal aid Which is thus atorded him. With regard to the -unanimity of juries , our limits grill ant allow us-ti mails, to the ektent which it re quiets. No 'WOW Iltaess b encases of that distinction a the Iliegileh free the &Offish erten) of civil Juni.- ~~. TNT RTATFRM AN. prodeoca. If the latter, which requires the verdict of a in Jerky only of fifteen j,; , yiticn, is erroneous, the effect is pruhahly inure 1.1%.,tir of the prisoner than of the pr,seentor, in a. much as the fcrling of mercy may he a "possess to prepo.nlecate in that number, shove the feeling of severity; awl, even were it otherwise, there are advantages given in Scotlaoil to the prisoner. which may fairly he said to roanterbalance the alleged harsh ness of con& 1111 l ieg him in the face of the opinions of men who may think him innocent. liesilles that of the assistance ut counsel already noticed, the prisoner is entitled to a full copy of the imlirtment, a list of the witnesses, and of the jurors, anal their professions and aM es, fifteen days before his trial, and witnesses may be compelled t o appear fur bias; none of which prisi lege* are allowed by the practice of England, except in casts of treason. Further, one witness is sufficient to establish a fart to an English jury; two are required to the most inconsiderable point of evidence by the law of Scotland. It is no swill roan( the justness of the general prefer ere which we have thus s ensured to give to t he Scottish sritoravlllllloo the statute r7th An Ile. cap. 211 appointing high treason , to be tried 'is the lame manner in both kingdoms, the Eoglish system is improved by the ad dition, in trials for that crime, of the Scottish rules of giving copies of the indictment, and names or jurors and witnesses; and, by after statute, ailouing counsel, and requiring two witnesses to establish a fact,—while the only alteration made in the Scottish system is, that of requiring the jury to be restricted to twelve, ilOttart e nnaniatona. ' his art of Queen Atone is, we believe, tie only one in the statute hook which forine!ly declares. that the law and practice of the two e writs shall be ut strictly the sae; for with regard to th late sets (IS 111 tiu and 1119) appointing Jury Trial in ci s 1 casts in Scot land, we can call them only preliminaries to an assimi lation of the system of civil trial, and at present, perhaps, as troublesome to he acted open, as prelioduag les some times are in more iinlvortant nutters. .The action of that almost divine institution upon English civil juris- 1 prudence, is pure and simple, unclogred by previous discussion of its fitness, or after debate upon, or moditi ! cation of its effects. In Scotland, trial by jury is not a matter of right,—it is not a matter of choice;—the jury court is subordinate both in its powers of jurisdiction, and in its lodgments; the Covert of *silo, deciding upon theropriety of the application of the oar, and modifying aril applying the rather: this islets trial by jury, than trial by common form of law, whether, jury shall he called to the assistance of the Jethro: accor dingly much debating often takes place upon this very point, and, whether owing to the as yet imperfect nature of the institution, compared to that of England, or to a real preference of the iitil form of trial by Judges only, the debate w e are assured is *rich more frequent between the parties and the Judge, than Itctwecn the parties themselves. ile have heard it stontic main:Ai:all that trial by jury is not adapted, either to the natio c of the Scottish laws, or to the temper and dispoNition. of the people. The courts of Scotland, it is said, units in themselves the (Loa I i tiro both of Lw and equ ity ; s od, accastunwil as the lieges have been, for centuries, to 11.1%e their differences argued upon niceties requiring time to decelope, and maturing as their cause at issue ad% anceg, they cannot he broucht to relish the abrupt and ai.voloite declaration of a verdict to a fail, which they might conceive a pro longed discussion nould render tntoportant. The ad vocates for jury trial ant.wer, that the present form of that court is cnlrulated to do au ay the evils of pn looped discussion, while is leaves its advents'', ua•-_, touched ;—and we confess, that, in se far as it moor abrogate the endless cavilling upon fact, of wilds we' hare but too often beard in the Scottish cotirts,ue in cline to favour its claims. to tuna/wed.) SLITE O 1• IRELAND. The western part of Ireland is fast returning to tran quillity. The convictions at the Assizes of tialwav have tended to prervtot further disturbances. Hy itesofutions passed by the firand Jury of Mayo, it is declared that good order and loyally prevail in every part of that county. Mr. tirant in thanked fur the energy and seal with which he assisted the efforts of the magistracy and gentry—and a letter to this effeet, signed by Mr. Jack son, the high Sheriff of the county, has been addressed to Mr, tir.int, in which this sentiment was put, with great cordiality, to the Right Hon. liantleman. The letter states, moreover, that the peasantry are in a state of active industry, traminillity, and contentment—free from those poisonous principles which have filled their tieiehhonrs, they feel to be owing to the support they hare received from Mr. tirant, as well as from the Mar quis of Sligo. 111:11111 . 1CIC. SUNDAY, APRIL 2, FIVE O'CLOCK. The tri4l., of Me.•rt. WOOLER, Major CARTWRIGHT, EDNIGNII•;, Ike. is positively Orel to commence to-morrow morning, at nine o'clock. It excites consi siderable interest among all classes of society conti guous to this neighbourhood; and, from the high clia ratter Mr. Woot.ste possesses, as a pleasing and popular orator, the Court, it is said, is not half big eiough to contain the numerous persons of rank and fashion that have applied for admission, particularly the ladies. The indictment, it appears, contains nibs counts against the conspirators, the principal of which rests upon, " unlawfully assembling to elect a Legislatorial Attorney to serve in Parliament fur Irrininkhant, in the person of Sir CHARLES WOLPELET ; and also upon his admission into the House of Conatn.ms, to lay their proceedings before Parliament as their Representative." - Sir FRANCIS licaorrT has bees for the last two or three days at Leamington Spa, at the Regent's Hotel, with his bunters, enjoying the delightful promenades and other eourres of attraction which this truly elegant place furnishes. The Baronet, it seems, dines this day (Sunday) with the venerable and learned 1)r. Yana, at the latter's residence, near Coventry. Sir FRANCId is fulliorriffil on the above trial ; and it is also asserted that the Dukes of ROUIUSIGII and BCDPOILD. Admiral YOUNG. kc. and several Baronets, are necessitated to give their attendance, connected in son►c way with this important trial. The lion. Judge Bess., who was occupied the whole of Saturday in trying those prisoners convected with the Bank forgeries, was so ill and afflicted with the goo, that upon leaving the Court at bye o'clock he was obliged to go to bed. Three of the prisoners were capi tally convicted, and not one of them obtained an ac quittal. This morning, in consequence of the indisposition of the Judge, Counsellor CLANK went in state to the Nigh Church, to hear what is termed the Amite See Mon, preached by the Rev. Mr. Btco, Chaplain to the She• riff. ThE Rev. Divine took his text from the 4th chap ter of Ditterandiry. S:h verse, "Aid mice WOG* is there so greet that Lath statutes aid judgmemts so righteous as el! tl.is law whirl' I art be/err you this day?" The tlisenurre of the Reverend Gentleman might be termed a political essay, or rather an eulogiumi on the Constitution, with some high compliments on the Government. He most strongly alluded to the at tempts of sevral persons going about the t °awry to in flame the Minds of the lower orders of the people , tol make them discontented with their situations. Thel late events which had taken place called imperiously on all 3lsgistrates to be vigilant in doing their ditty. It first originated in another country; and yet, although its growth in England had been rather checked by the firm- , net's of the laws, still there was much to be done ; and the lowest person in the countty ought to give his mite in order to put down sedition and blasphemy. The Church and Laws went hand in hand together, and without this union there could he Ito safety against those mischievous etrirarters w ho were strivieg to bring about a rebellion. The Rev. Gentleman alluded also to the heavy state of the calendar, and hoped that the impression of religion would yet restore consolation and comfort to the winds of die numerous unhappy prisoners. _ _ Late on Friday afternoon, the trial of SIVRRIER Derail& EDMONDS canoe on; and in consequence of the lat‘r individual being indicted as one of the conspira tors, it occasiontul, on that aerount, a greater degree of interest than pvriiars it might otherwise have been en titled to. Serjeant VALIMAN and Mr. READER were employed for Mr. Spurrier, who is an attorney at Binninglatn. The libel was published in a pamphlet, entitled Letter IV. addressed to the People of Birmingham. The libel sat forth, that in the ease of one Allen, who had been hanged at Washwood-heath, fur forgery, he had con fessed at the place of execution that he had been sacri ficed by Mr. Spurrier, on account of his obtaining the blood-money. Mr. Edmonds acknowledged himself the author of this letter; but left the Court without attempt ing any port o; justification of the libel in question. The Junce, in a very liberal charge to the Jury, said, that in his opinion the action was principally brought for the vindication of Mr. Spnrrier's character ; that Circumstance bad now been obtained, and therefore mo derate damages might still e. The Jury, after a few minutes consultation, brought in a verdict of—Damages VOL with 40 shillings costs. Mr. Edmonds, we understand, means to move for a new trial, in consequence diming deprived of his papers, by Mr. Pearson, his solicitor, not coming to Warwick. The number of p-rso.ns •oo be tried fir offences at the Warwick Assizes, have been quadrupled, ur almost quintupled, in 32 years. Soule inquiry into the causes of this apparent demoralization seems necessary. Ac cording to the last returns, this county contains 22ti,735 inhabitants, of which 19,124 being included in the city of Coventry, du not send their offenders to the county gaol ; the number of those committed to the Warwick gaol in the last twelve months, for trial at the Aosises, astonish to 374 and upwards. Fiuw a popn larlon, therefore, of o v 20:1,611. of which number Birmingham contains bout 11'41,1M111, there alone 374 committals for the Assi es; and there have been four Sessions in the year, during which 4.19 prisoners have been committed to the gaol anal House of Correction, making a grand total of no less than ;423 committals in a population of 209,611. iu the last twelve months. To 'hew the proportion s hich Birmingham sends, contrasted 1 with the I.:her part of the county, we rind that tke Sum ' merArsizecallentlar contains 93 lIMIIPS from Birmingham, and the present 1911 names fro m the same place, making together a total of 263, which substrarted from 374, the total amount at both Assizes, leaves 91 for the commit tals fur the Assizes front other parts of the county.— ' Towards the Sessions, Birmingham has contributed, oat of 449 committals, in all 2IsS, leaving for the county committals for the Sessions Itil. The grand total of committals for the year for the county are 283, and for Birmingham 541, on a population about equal. This Icalculation is under the mark rather than over, as the i late returns only give Birmingham 95,250 inhabitant% and in allowing it 100,1100 we have gone in its favour, arrording to our present calculation. It will be found too that must of the heavier offenders tome from thence. The nature of the trades carried on in that town may lead to the crimes of coining, perhaps, sad even of forgery. more frequently than in other large places, but lay nu taming accounts for so great a diffe., retire in the number of delinquents. It is a question! for political economists to decide, why men congregated together should furnish a greater portion of offetiders 1 titan when they reside in villages or cottages scattered i smer the face of a county. It is not for want of exer tion and zeal, fur no Alagistratei in the kingdom are : inure indefatigable in the duties of their office, than I those of this county—the rare and order which reign in the prison and house of correction—the establish ment of asylums, nothing that can conduce to obviate crime or bring offenders to punishment, being neglected by them, nor care nor expeiose spared to contribute to the suppression of crime. There must be causes tr eating, vet unknown, for this extraordinary ptoperttun of offenders. It appears in Lancashire, which (leaving out Manchester, that has a Special Sessions to itself) ' has a population of BMI,OOO souls, that there were only 117 prisoners for trial at the late Assign. In Boat county the distress of the times has been felt with touch greater wight than was ever known in Warwickshire. The number of criminals above stated, as committed for trial in Warwickshire, is within the mark, there being always some sent to prison 'luring the Assizes whose names do not appear in the calendar. The calculation is, however, sufficiently accurate to shear the general result. CHESHIRE ASSIZES. The Commission for holding the Spring Session for this minty will be opened on Wednesday neat, before the Hon. UHARLER HARREM and SAMVEL MARSHALL, his Majesty's Justices. The trials which will come be fore the Court are certainly of a nature the most im portant and interesting that have occurred within the last fifty rears. Perhaps the trials of Sir Charles Wolse. ley aid Harrison, for sedition, Lc. will probably occupy a considerable length of time. We have then the trials of James Geo. Brace, aged 22, a schoolmaster, from the Adeiphi. London, fur aiding and abetting a person to shoot William Birch, a peace officer; William Pearson, aged 22, a weaver, from Edgeley, for aiding and abetting a person to shoot illiam Birch, a officer; Jacob Maginnis, alias *lnnis, aged 47: weaver, from County flown, Ireland, for discharging a loaded pistol at William Birch, a peace officer, with as intent to kill him. At the Nisi Pries hat there will he also several in teresting trials, .and we may particularise- that of the Itev. Bevan King, on a charge of poisoaing settle sod goon lie. 14 A l Dl R. Dnblin Waterford tiserasey and Jer3..) ' I I;ottenbttrah I Ilamtstralt ARR. Ott. 0 Holland ............ 0 Fiau.lers I rrsit.••• . ....• I Malta ..... ELrL• 2 1 :01fDA1. - -1101jildly at all the Pistolie ittheas. Our acknowledgment( are due to oar Correspondent zbe .sztattontan. Tilt BRIrISIE STATESMAN" HI myna/vow:rap WITII " TA[ StkfISMIN." LONDON: puINDAY EVENING. SPRIT. 1, MR. The Paris Papers of Tlitirsaay contain ample details of the debates in the Chamber of Deputi es on the preceding day, on the sth and Gth article of the project relative to the putO:cation ofJour nals. The above articles were adopted with con siderable opposition, and the discussion on the 'It!! article ordered for the next sitting. 'the Cu m L er diet, adjourued. MINA, it is said, has intercepted a c3rref4,oad. ence from Madrid of the highest importat.tc.— He will not communicate its contents until fe br made then► known to the Cortes. The epot is confirmed respeeing the aetrned state of atlairs in Poi tugs'. The people are indig nant at the conduct of the English Authorities: Englishmen are insulted upon every °cc:ls . .rt. They have even received various intim:o4 , A that they had better withdraw themselves hem the country. It is stated that several persons of dis tinction, designated by the name of halt peat:env, have resolved to propose to the Cortes, at Ifadrid. a Fr(ijet of confederation between the two natots of ancient Iberia. The King's health continues to improve. Fexus (tVEasesoAv.)-I'.ve per 73f. c., Bank Action!, It is really curious, and were not the sul;ectaky many important, it would be itniwing, to see bow the most zealous exertions made by men to glitz their ends, often serve, not only to defeat their ject, but to augment the weight and disznice of discomfiture. When the Manchester tireceedittn first burst upon the world, no means were left untried to weaken, if not to prevent the impression which their terrible character was ralculatedio produce. Tile authority and credit of the Crairti , were staked in opposition to the stecments of the Press, and the Royal Thanks were hanity thrown as a shield between the MegititiOes and the Yeomanry, Ned the Indiornaljan Oita people. The country was told that partial ft ports were imposed on its credulity, and a sokmn assurance was given that the Throne would not have pledged its faith. as it had doge, if it had net den fed such information, from the ably ualhedir tourer, as completely justified the emplovment and conduct of. the military on the 16th a Although all doubts were not removed by this de claration; for the Crown, seeing mid speaking through a weak and interested Ministry, had lA. credit for infallibility, yet public pathare was restored. The speedy approach of the &snail of Parliament also contributed to tranquillize the people; for a confident, and we may safely say an universal conviction was felt, that full and satisfnctory inquiry would be instituted by both Houses into transactions in which Eaglish blood had been shed by English hand:, and whith, as one mighty thunder-bearing cloud, occupied the whole mental horizon of the country. l'arli:m.st assembled, inquiry was demanded, and, to the ge neral surprise and indignation, was rrfawd. la quiry, it was said, might be had before a Court of Justice,—but all legal eccess to Courts of Justice lad been closed by the decisions of Grand Juries and the proceedings of Coroners, which it is needlcss to qua lily ! One door, however, was industrionsly repre sented as left open, and that door was the :r:sl of the alleged Conspirators and Rioters at York. Hut although Parliamentary investigation NM . denied. Ministerial explanations were Big 0 - lowly poured forth. All that could prqt )(lice a fair and unbiassed opinion, by showing oLly Lee aide of the question, was given 'without meat*. Individuals, whose characters seemed dependent en the truth of their assertions, engaged their hoticir to both Houses, that the Manchester bleating NA been one of riot and confaainn, threatening theturdYt r the town, as well as the tranquillity of the Stitt: nothing but its character of tumult and violeme, tthd the offensive weapons which it displayed and enntiorOit could have induced the hlagistrates to call in the Aid the military, and that the yeomanry themselves Intel furiously assailed on their advance, that fon t_r_els were sent to their relief, wiih this eOMNAWir " Coal God! pare the veonianry We eyed wt: add all the other etaten:ents with which his M 'Miters were supplied by their magisteilalprti r r a They are. unfortunately for themselves, 1011 0 0 01 . 11 known to the country. They had, however, their eat at the time. They procured majorities to defgat and many Members, ronceiving that hir..gonetlP would prove all that the Administration hael awl, wishing to prevent irritating commas telft ado conscientious votes against the meated - 7 -- 4 • for lovestigation. Up to this period. & fral r / 4 on the side of Ministers was triumph •. They probably entertained no don *MA .1 ILS. lie I Cr SS sel ik AO ~. .r~' !at ny; i. t and 'I rel tilt 1 ItJt !fig sr!, N ;ias rani Tlie lion yarn di& twee. ent • liar ‘ tent 1 Kati' are t Inui tide Tem and isle add till ot 1 tile the ani Plif Pal (L 1 bo p att4 Aft bit 1 141 an rut 4141 i