The Statesman. — London, England, 1820-05-10 00:00:00

IV ER:.4 L 7' HOUSE OF LORI'S, TtifDAY, May 9 Mr. Proby, from the Mint, ',rough.. thr uLA:ket price of stecearti .hive:.--thirted to bt eate-iktoetaieLot-LAiIiSiKILVOiS fame notice, that Lt t•eald OR rci..tay.net• mow e far :nut of the te.lonitnces of Briti sh Ptlin:ster4 ttP Forci l ;ta Courts, titt?;ltg thetas' ten yeart.---Aojt-utned. HOUSE Or COMelor, Mae 9. Mr. tiOOCII presented a Petition fruits ttle oceu j.itri d 1 kiiti is the cennty of SuffolL, signed by 5490 pstatnis, against ths importation of to:eien corn ; and ascaliesr to the same effect, from fort : . of the Grand ,furors of the rittle county ; as l a third from the rough of Ipswich to the litre effect. Pi. v.! ed that the'latter petitioners, in the year lttll, bad threatened personal violence upon him, in cousequence of having supported the Corn Bill were ortienni to lie on the table. Sir W. LEMON pre—tit. .1 a Petit;tat from certain vazupiers of land in Lhe J of Ca.:mall, conifel...n. . o. , :ng t he feat distress of th- agrleulturel prop:a:ors there.—Ordered to lie on the table. Mr. COKE presented a similar Petition from far mars in the county of Norfolk.—Laid on the table. M. MABERLY gave not*, th .t he would on Thuriliy next move fur certain accounts of Excne{ner 4:IJ, with the interest due thereon. M. R. WILLIAMS presented a Petition against impirtation of foreign corn, from land °tenets in the con.:tc of Carnarvon.—Laid on the table. I'sir H. PARNELL said, thit in car. iequence of a ctr.niunieat:on which he rived that morring from }:s lti k ,.t Hon. Filen& t!e Member fur Dublin. sta ting his inatMity to attend his duties in Parliament at present, but that the hoped to be able to leave Dublin in the course of the mvnth, he (Sir Fl. Parnell) woad postpone the notice which he gave fur the 16th ism, fus the subject of the Catholic Qaestion, to the itZth instant. Two Petitions were presented from certain house- ; holders of Exeter, against the Exeter itoa:i Bill. ELECTION PETlTlONS.—Petitioni were presented against the return for the following places Ives, o:icred to be considered the Bth of June; Penryn, to'' k; considered the 13th of June; Ipswich, same day; kitrwick on Tweed, to be considered Oir 13th of June; ' the city of Limerick, to be considered the sarserday. Sir G. CLERK presented a petition from the Mer chants of Leith, to the same effect as that of the peti tion from the Merchants of London and Edin'ourF presented to the House yesterday. It would not he eseessary fur him to tae up the time of th. House in stating his o r inion to the House, as he fully concurred in all that had fallen yesterday from the Hon. Member for Taunton (Mr. Baring), and the Right Hon. Pre:i• dent of the Board of Trade. The petition is his hand contained an exposition of similar opinions to those expressed in the petitions present. d to the Hume by Shs Member for Taunton. They stated their convic t*, that the restrictions upon trade were the cease of that jealousy entertained against us by foreign nations; sima that so far from producing the ends fur which they were crested, they eventually became she greatest ob stacles to the prosperity of the country. The peti tisners were anxious to be understood as recommend ing the utmost caution in whatever alterations Parlia ment might deem necessary. They hoped that the sakject would receive full and immediate consideration from the House. The petition was brought up, read, and ordered to lie oo the table. AGRICULTURAL DISTRESS.---Mr. H. SCSINER said, beheld in his hand a petition from a body of land holders of the county of Surrey, stating that such was the pressure of agricultural distress upon them, that it would inevitably bring about their ruin, if Parlia ain't did not interpose some remedy. 'I hey earnestly prayed, therefore, for the attention of that House to *sir situation. lbe fact of agricultural distress all ever the country was now so notorious, that it became I unnecessary for him to enter into any detailed state-1 oasts to prove Ina existence. Being aware that there wan an infinite number of petitions in the hands of different Members--all containing complaints of a si rpilsr nature, he should not then dive!, any further sloe this subject. He trusted that the same absti *ace upon this delicate topic would be observed by ot4we Members, until an opportunity offered for a full, impartial discussion, with a view to some practical effect. He should now give notice, that on the 25th of.fine.by which time he believed the greatest number of the petitions conceited with this subject would be pretested—he should wove that all these petitions be referred to a Select Committee, for the purpose of giv iog the agriculturalists an opportunity of making out their case, and with the object of guiding the House in its eondect towards the various classes concerned.— (Neer, hear f) - embers! OABOUTNE would esite that-opportunity of Japreeating all.partial discaseion upon this subject, is temding to the most injurioes consequences, and If trusted that the House would pause before they de teirniiised to entertain it. But whatever would be the emulations of Parliament, for his part he would agree to the appointment of a Committee, solely for the ob ject of considering the propriety of a cotuplete repeal of the Coft Gill.—(Hear hear - Mr. H. 81,1141411 R said, that in compliance with the of one or two Members, he should alter his es Of e ie.Wn to Tuesday the 30th of May. 'Damns or To ADJALSALTT.Mr. BENNETT mated, that there be kid• before the 'loose a copy of any Act of the Assembly of Barbados., since the year 1643, or say Act of the British Legislature since the ewe time, enabling the Crows and Parliament of Eaglood to apply way portion of the 44 per Cent. du. tir - to any bet Uelonial purposes. The object of having that Ors protiticed. was to shuts , that the 44 per Veal. rennet were enjoyed in a quarter whet ether* woo a* itti or just tide te them ettistin6, - Mr. CIOULBIJRN coosoated to the motion, and it watigtood iO by the noose. CIIIMINAL LAWS. sir JAMBS MACKINTOSH rose, he said, pursuant to n a pe., up submit to the Mouse certain prepusitionit 10011kilerta. bore, freendee ek the Hegel stake Commattie *kick was aplowiated hf that last fieesies. te take Mose Imre Me their e•reidetaties. for leave to -bring in. six Bills, for the repeal and.. ' amendment of carton: pr!4 if Ate Criminal Labts, in eursuanee of the recomtiendatiatt of the Contniare. As be believe(' :bat i: was nut itittride; to oppose his propositions, he should have content'A wi•h abstaining frum atkrestag the Hott.c at any length,. bat that he felt it ne:•essary to furnish to the new 111moberr some information upon the labours of the Committee, together o ith the nature and ehj-et of thrr ditty. 'I he main Ant of the formation of the Olt,- mittec was to assert tin. by the best experience, bow far the severity - of punishment denounced by our cri minal code counteracted its own purpose, by creating an impression on the mind' of proeccutors, j Ages, and juries, which tended, in many instances, to secure a complete impunitv to criminals. Such was the c‘ijnct. The oldest, the mast paten -:nod t! tee : A t-melon obstacle to the multiplication of es pi.al ments, was grount'ed on humanity—or thzt tereler re yard for the life of man, which it was the du:y of every Legislature to keep in view, and a due attention to s Lich was often the area security to the union and moral improvement of a peopie. lie did mot men to say, because this priuc.ple was the u!dest, the:: there fore it was the wisest, or the one which might to at tract the greatest degree of regard. There Lad been men of rieoroue looters andiegs, who, frdiu the extent to which they were ect'aleetally compelled to ; o ntere. plate crimes, were led to the conclusion, ti.a• ttiase crimes ought to be suppressed, although the print itile of suppression would be adtptel at a very greet price. There were other.. on the oppo.ite haad, who, front feelings of a cookery character, would have so per ',leer," the system of capital punishment, te; to entirely ()ere their awn prlncip!e:, and, accordirgly, saw no mischief in the feeling of their country, wlo.re the punishment of dsatli was denounced at: ainst many, although' intlicte,! on very few. The law of Este land nes in a titlell!l^ state. Death was tletiouneoli against many, and executed only on a weal! number, and even on those with great irregulaiitr. nit state of things W.:q more the remelt of art iuent than of auv wise or provident foresight in the .Legislature. It arose from the contest which was carried on betweea the disposition to tegislate, and the humanity of (be t national temper. In general, innovators nere charged with a love of sinjulari y and paradox ; yet it hap pened no: in a few instants, that paradox at es found on the side of arennient. After combatting the rea seeing% of Dr. Paley and Mr. Windham on the subject, and expressing his veneration fur the principle, of Sir 8. Ito:Mlle and 3'r. Fox, Sir J. Mackinto, h observed that he eras once greatly struck by sn evpressiou which, br a breach of ta.vilege, he Lappetted to hear from the mouth of Mr. Fox in that House. That great man, in spy skim of the appellant jer:sdictien amongst c o urt% of Law, said that it was f. , t-iled on a great philoso phical principle, urd the first ••f human wisdom, troie ly, the censciousne-s of human infirmity. In like manner he would say that a mistrust of tteneral ref;• coning was u ieful, because it was founded on the a*, neemest of biotic,' infirmity. Rut here,the object Oda the Committee had in view was to put general reason slog to the test of experiment, and for this purpose dip called before then' for examination all those who were lin an y wise enabled to colneuunicate upon tin subject—namely, prosecutor', juries, anti jutlges; hut of the latter class, only those who could be reeolaelv called upon. Of all these, the opinion was umooimous. `The result of experience coincided with the theory, as must always be the case where the theory was just. and tl.e experience sufficiently extensive. The re commeodations therefore of the Committee could not be opposed—for they came before the House not as speculator, but practical reasoner,. Such being the result of the Committee's labours, they thought proper to recommend to their Chairman the introduction evf certain measures founded upon their unanimous cow elusions. He should state, that during the short sil -1 tier of the last Par:intent after the long recess, there I was no leisure for the introduction of these measures, land lie was therefore obliged to defer it to the present opportunity. The first proposition, then, which be had to submit to the House, was the re-appointment of the Committee. At-the time when their necessary dis solution took place they had various objects to attain. 'I hey wanted an experimental answer against the evi dence upon which they grounded their opinions. It might be objected indeed that this evidence was taken entirely from the capital, and that therefore, though the theory might very well apply to the metropolis, still that it might be very unsuitable to the provincial part of the country, where the state of cringe anti public I opinion might be very diPerent. Now, in answer, he should say, that this objection was the strongest con. ' roboration which he timid look for to the prise .eiple of the Committee, because the indisposition to punish was in the capital, where the greatest en. I tent of crime prevailed. This fact, therefore, must be solved by the adversaries to his principle, small towns crime was so confined as not to allow at fair deduction to be taken from the state of it in suck places ; whereas we know that in the capital the prin ciple acted in a way where every one must be alive to its operation and effects. But then the Committee wanted experience on this very point ; namely, the -state of feeling in the provinces, and also to make iro oxides respecting the passing of sentence. He should now bring the attention of the House to the six Bills, Iby which it was proposed either wholly to repeal, partially to amend, several criminal Acts. 'I he first was to repeal the 12th of Anne, which made it a ea i pital offence to steal privately in a dwellieg-house the amount of 401. The second was to repeal the 10th and the I Ith of William 111., which made it ca pital to steal to the amount of 5,. in a shop. And the Sd was to repeal the Aetof the 24th George 11- which made it a capital offence to steal to the ant net of 4Oe. on a navigable river, and ports of entry and discharge. The principles of these three Bills had been at let. :err times adopted by the House, although they wet* not so fortunate as to meet with the concurrence of the other Heine, and therefore he anticipated the renewal of their sanction so far. As to making It a caplet, felony to steal on a navigable river, he begged Si still the attention of the House to the caprice of the' Isfesleture in miming such a alatute. it was penal ter the year 1731, a few yeas, before the Oahe ItelAtowatet brosta that splendid course of ittland since of , more -sigablaplacos. to mimes of Alio ootore, yet the provi sion of .the statute was meter extended to tarmacs in cleats. Stoll was Cie caprice with eh's+ capital punishments had bent awarded by the Legislature. , T.: • obiect,of is seat Lilla was the repealing of Acts I and parts of Acte, Which wade capital certai:, o ff enees , against some of which remedies could be bad by ac tion, and othere wtr: punishable as misdemeitioura For instance, the Ist of Philip and Ma: y, which made it a capital crime for Egyptians to remain in this country inure ;ban one year. Ibe Itith of Charles ILI which awarded capital punishment to notorious thieves in Cumberland and Westmorland ; the 9th of George 1., making it a capital otfnee to aprear in the Mint in disguise ; and the 12th of George 11., making it capital to injure We-tminster-britige. 'I he second Bill of the last three related to !aws re specting Wren -es of a more serious nature—it would ree..al, fur instance, the 3lst of Elizabeth. making it a capital offence to take away by force env maid. widow, or wife, for the sake of profit. If any ...f t:teze offences were to be pani-hed capitally, it ea, reasoe- I ade t; at tte settee pen 'Aliment should be extended to al! cases of forcible ahluction of women; and, on the cor:trary, if the law did nut putilAll a ith death instances of this offence not included in the vatute, assuredly 'the Statue 'thick go awarded it ought unquoation-' ably to be repealed. But in Eeglati, where the spirit of I;allantry was known to prevail, the offence of abductiun was not of freeuent occurrence. lie Hon. and Learned Gentleman then enumerated the following capital felonies, which be wished to include in the B:11 he intended to introdtee: cutting down anti destroying young trees—the .tatti , eN ridatite to eases of banktuptcv, visit h of all ut. eta most reqtCrr revi sion—the 6th of Geo. II , wh'els made t:ve eases of capital felonies in the Marriage Ac:--the sendin , threatening letters, and the several offences against ' the Revenue Act. In all these eases he proposed to suisstitute transpor.ation and imprisonment for eapi- tat punishm, at. Pe should not, however, suggest any alteration of the law with regard to the actual forging of notes, which he thought ought still to con tinue a capital utfence, thoueis in the minor cases, each as uttering, tier. hr wished to see a change ef kte:l, and should, therefore, prsoptor transportation or imprisonment. With regard to two other cams— stealing in a dwelling-house, and private forfery-1:^ found it difficult to come to any ' o'itive ilverminatiou, though, after all, Lc was cons ineed that a greater nunsher of persons were preverted from following up the lent as it now stood agaitsst t!:. in, than in any other whatever. If there were any ca.e: o here of fenders were suffere l to escape, front the reluetauce of parties to preso•ecte, it was where a degree of familiar int( reostrse ar:l confidence haul previously existed, such a , betty en the neo.ter and his servant, but even 'still more between Lankess and their clerks, lie did not now :oval to the linmsuity or snood feeling of the use in favour of the measure he tea :'about to i retro nee. but to their regard for sound policy sold good nee. With this view, he should move that a Select Ibloottnittee he appoint.al to consider so much of the eitinsinal Laws as relate. to capital 'punishment in cases of felony, and report from time to time thereon. Mr. CANNING assured the Hon. and Learned Member, that no objection would he made merely for the sake of objection, by those on his side of the House, to the proposed measure : and least of all, were they inclined to express any dissent in this early stage' of the proceedings. Nor would their arguments against it go farther, at any time, than where they saw just and solid grounds of oppositiou.—Motion agreed to. Sir J. MACKINTOSH then moved for and obtained leave to bring in the following Bills—namely, A Bill for repealing so much of a 11111, passed in the 12th of Anne, as takes away the Benefit of Clergy in cases of 'steeling in a dwelling-house ; a Bill to repeal so much of the 10th and 11th of William 111. as takes away the Benefit of Clergy in cases where persons ere con victed of burglariously enteritis a dwelling-house and stealing to the value of five shillings ; a Bill to repeal 1 so much of the 24th (leo. 11. as makes it a capital fe lony to commit thefts on navigable rivers ; a Bill to repeal certain parts of Acts of Parliament, creating capital punishments for crimes specified therein. Mr. BENNET, after a few prefatory observations, expressed his hope that his lion. and Learned Friend would persevere in the good work he bad so well be gan. The late lamented Sir Samuel Runsilly bad set a noble example; that truly excellent man had suc ceeded in taking away from the old law a great stigma, but a greater still remained—the power of quartering, beheading, and mutilating- persons convicted of high treason. He therefore wished to know if his Hon. and Learned Friend intended to purpose any measure tending to do away with this abhorrent practice? In thus expressing himself upon the subject, he did not wish to make any allusion to the recent occurrences, .though they must Is ye been forced upon his attention, as well as upon that of every noncom-able Member pre sent, by the facts with which they were connected. For himself, with regard to the present question, he had no politi-al feeling but out which he entertained, as he hoped, in common with the House. Me knew u, ut too well, as did all those who wittie,Sell them, whe ther from curiosity or any other motive, what effect the last execution had produced on the minds of the as sembled multitude. It was one of horror and disgust. Never had their been so decided a manifestation of in dignant feeling as upon that occasion. It appeared as if all present had iustinctively felt that humanity was unnecessarily outraged.--(Hear, bear !)—His objec tion to this revolting practice was, that it had a ten dency to brutalize the feelings, to weaken the taste and moral sensibility of the people.-o-(llear, bear !)-- Such acuteness of feeling had never been witnessed at any execution, as at that alluded to, because, in this improved state of society, the cirmusstsaces attendiag it were too horrible for any feelings to endure. In deed, the indignation was so marked, that the 'gesso tioner who discharged the duty of tatting off the heads, found it necessary to wear a auk t an butane* of Wash had not been lumen at soy mmenties lime that of Charles the First. ft wee then obvious, that this practice could Ira•e no other tem , thao to . Mid asmetssiary pain ea the busily gr e• sicifsetuiito c&psit. Me should trouble the Mx* -as loan sus the -subject, but mould esakat WIWI seltb again 6 w • • ing his hope. th4t his lion. and Learned Friend give the lllou , e to opportunity of vim:it:min.. td the country from the stigma which the cos. tinu.ince of sucli a pra-tice must perpetuate. Sir JAMES MAC i.I.NTOSH said, that baring h alluded to by Lis lion. arid Learned Friend, he felt it his duty to reply briJv to such of his obsev ut i ona as referred to himself. Ile perfe:tly concurred with hi s 11.,n. Friend in his abhorrence of rite prattler in (pi n . tion : arid it was his intent!cn, at a future time, to in. trodure a measure tor ato.lishing it, not only in high treason, hot in all other rases, as it tended to no other end than to show the rancour of the survivor; amj that the ministers of th law sought to prolong the peoishment of likisevieted wretch, even beyond death. Yet while he woe thus dist used to agree with his flo e. Friend as to th e subpart itself, he did not, at the sam e think this particular junctare proper for intro. t!tieng any measure with rgard to it. He wished to propose it in such a wanner as that it should have ro allusion to temporary circumstances, nor excite lisy feelings connected with political differences. y e! h e :oast still acknowledge his gratitude to his Hon. i:ritnd for having brought the subject before the House, and no man wa4 more tli.posed than hitnaeit fully to appreciate his unwear:,,tl hetterolenee..-theegh, in this partit o'er iustauce, he :mist decline acting upon his suggestion at present, from the f ear of exciting political feelings, where none ought to exist. The Hon. and Learned Member then withdrew his first mo tion, and moved for leave to bring in a BM for conso lidating all the laws rel,:ing to forgery. —Agreed tu. ijC•rb lON Woof..—Lord 1111:10N wished to know from the Right lion. Gentleman, the Chancellor of the Exchequer, whether cerain minutes of the bias relating to the dnty on wool were in readiness to be laid before the 11--n-e ? he I II ANCELLOK of :he EXCHEQUER, a , R. understood, said, th: , t all the documents were not i.r in a state of preparation to be submitted btlse Hoasc. Mr. H.OHINON said, that no formal report had been tnade out, hnt that the minutes were readiness to be laid before the I louse if the Noble Lord wished i•. Lord MILTON said, I.e did wish it, a4l made a motion accordinely. which was er"rd to. The Noi • Lord then expressed his wish to hare some other no• eutnents to the same effect, laid before the 'low. 'tile CHANCELLOR of the EXCHEQUER !JP, they were not in a state to be laid on the tabl e . Mr. ROBINSON informed the Noble Lori!, that they truit!d be ready in a short time. 'ir .1:: MI S 3IA l•K I NT( /Sll then brought up dm several fills which he bad obt.dned leave to intro.lace. That relating to robberies on navigable rivers was read a first time, and ordered to be read a second time (pi the .24th of May. 'I hat with regard to robberies in houses was read a first time, and ordered to he read a second time on the 30th of May. The others were read a first and second time. TRANRIER OF Till ELECTIVE FRANCHISE IRON Tilt DOROCOH OF ORAMPOVMD. Lord JOHN 111 'SSMLL rose, in pursuance of his motion, to call the attention of the Noose to the cir eulestivices relating to the borough of tir..roputos:. la moving that this borough should be disfranchised, and that the elective rights shonld be conferred to some large and populous ph.ce, he held as opinion, tie justness of which had been admitted in the coarse of the last Session, as to whether Grampeand might be found deserving, or not, of retaining its corporate rights, was a question which would more properly be discussed at a future stage of the proceedings: at pre sent, his object was to introduce a Bill, the provisions of which would enable such of the freeholders as bad not been convicted of bribery and corruption to vote as freeholders of the county of Cornwall ; the franchise of the borough should be transferred to Leeds, which should return two Members to Parliament, the qualifi cation of the voters being M. a year upon each house. This was the principal feature in the Noble Lord's proposition, and he said that it was nut the transfer of the franchise to any particular place which be had so much in view, as to establish the general principle. The Noble Lord then moved for leave to bring in a Bill to disfranchise the borough of Grampostad, and to transfer the franchise to Leeds. Mr. CANNING wished it distinctly to be under stood, that, to prejudice the motion of the Noble Lord, in this stage of the proceedings, was not the desire of those who, like himself, agree in all the ultimate objects which it contemplated. So far as it was right to disfranchise a convicted borough, so ob jection could be made to the motion before the House; but surely he needed not appeal to the candour of the Noble Lord as to the mode in which the fran chise thus taken away was to be disposed of. Leeds Lad been saggested to the Noble Lard oily by his own understanding, without any coneorressee what ever on the part of the House, at the time when the question was first mooted. He was not now pledging himself to any opinion on the sweet, beyond the first stage of the proceedings, or the disfranchisement of a specific borough, and its. transfer to a specific plate. Hut to the general principle which the liobl.l wished to establish, he could by no mum esseet. Lord A. HAMILTON said, if the MO Hon. Gem denten bad any objection to Leeds, he knew splice himself to 'which the franchise might be traeOrtmi with very great advantage.—(A lonigh)—The plc alight well be applied to Ulasgew, which was a . very populous and extensive place, bat without say re presentative is the Legislature. The N.M. lard was here interrupted by load laughter, and heat awe. Lord JOHN RUSSELL replied to the uptislibil Mr. Canning, sad - followed by such an eva.. 1 41 4 1001•-ebti breed t. thainuadenietonald S t as sinesetiistienal pewee ortittfro went se anti 'thud, twit Or rob et tit bernitig awl pp firr eenaty. tee We ins then agreed t., and the Bill being intingba tip* travrenekelliiillkeet eieeedieretee be tad emsat time on Friday eiVanight. Ti Si ATF . , i\ i . ii i , • ---- i - , • ~; . -. ke - ploptifitiotta whi:la ha mr -I, ...boit eithsiled a ,- - had s twp; the first, for the ap ; rai ment . ofa Cdk 4 utdbee the ii re k tihstneas ;he - trimtial '.,im%., ; a. 3 :he teehrd seas a motto!' kn o w n th a t e a n a ki were t . • -s• so- • I to •buttill t o e=preseii this cam . Ito would g re lit& thati-roy other at- itself ani Mr. Canning, and was followed by Mr. DAVIS OILMERT, who expresso, WOK rather in favour of transtorring the Ranch's , w " 'Neighbouring hundreds that to soy partienisr plus. As to the )rinciple of girls( to the 'laden was sow Acted of brill/et or the OA! In vise aloe- holtiers of the candy, Aimed it a west injiet ostib and stash as he cod* nob lowest lord MILTON was owns to tibrileadbr e t is fraaellise to the nelgitlosurbq handroki al If he bo- roughs were convicted, and Wife wee a t i bli kr et such aa {fit .rent— frocrgle* 1111111. A(