The National Register. — London, England, 1819-02-28 00:00:00

succeed, we must enter upon the taA with a fa. con.. tiction of its importance, and a sincere resolution to bend ourselves down to onr labour. We must inquire into the character, temper, and moral constitution, of th. individual, and acquaint ourselves with his natural acquired talents, his habits, and his views, in order that we may be enabled to adopt such measures fur his im provement, as may be best adapted to the case. If he be ignorant, we must instruct him ; if he be obstinate, and arrogant, we must humiliate him ; if he be indo lent, we must rJuse him: if he be desponding, we must encourage 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 leas degree between all human beings as incident to our common nature. In the mean time, this supposel practicabillity of the adaptation of punishments to crimes, is unfavour able to the progress of real improvement ; as one of its expected consequences is, that punishments should be invariably afflicted, without any relation whatever. That this is the opinion of Mr. Bentham is apparent, from several passages in his works, and particularly from the following, where, under the head of retnis sibillity, he thus explains the term :—" This is where, although the offender has been punished, yet on ac count of some good behaviour of his, displayed 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. The purpose of example is th more important object in comparison with that of refo.'snation. Whatever then is required for the purpose of example, must abide at all events. It is not any reformation 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 lett to reform immediately, and co free himself from the greatest part of the punishment which was deemed necessary." To this reasoning, which, if admitted, would destroy the very principle of the penitentiary system, and es tablish an inflexible, uniform, and indiscriminating mode of punishment. it may, for 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 ; 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 has-himself admitted, that " under the continuanc of the present imperfect system, the property of remissibility may ly! deemed a useful one, but,would not in any con. structel system, in which the rules of proportion before laid down should be observed." That in the opinion of Mr. Bentham himself, such period has not yet ar rived, is apparent from his constant and successful efforts, for the advancement of (every plan that may tend to reform the unhappy offender, and shorten the period of his captivity ; and till it does arrive, let us csntinue to•avail ourselves of the most likely measures in our power, to call the guilty to repentance. and to soften the calamities, of human nature. , IMPERIAL PARLIAMENT. HOUSE OF LOttDS. On the days not noticed, no business of public interest •as transacted. THURSDAY. STATE OF THE PRISONS, &c. Viscount Stostourft, addressing the House, said, he had then to lay upon the table the returns made by command of the Prince Regent, in consequence of an address moved by a l i Noble Marquis tot an account of the various Prisons, Peni tentiary lionsei, and Houses of Correction throughout the kingdom ; and lie hail the satisfaction to state for the infot- Nation of the House, that the returns had been made to meet the wi,h of the Noble Marquis, who espreiscd a doubt on a former day whether all the returns might be made out to procure full information. The conise pursued was this :—Letters were sent to all the She riffs in Great Britain requiring returns of the state of all Prisons, Penitentiaries, and Houses of Correction under their managenigut. Letters were written to the Clerks of the Peace in eve ry County, for similar returns, and to the Ma gistrates of every town in the kingdom in which it was known there was a Gaol or Prison. Having so done, many returns had been made ; and if any Noble Lord would mention a place or Prison where returns had not been made, he would confer a favour. The returns from Scotland were not quite complete. He might say that n-tithe of the information ex. peeled was on the table. They had • mass of iuforniatiuu respecting Gauls, sufficient to induce the House to lose no time in referring the same to a select committee of inquiry. They had also a variety of returns respecting the number of prisoners sentenced to punishment in Great liritain,from the year 1805, the period at whirl' the register was first made, to the close of last year. The House world fluid a separate ac count of the number of persous convicted in London- amid Middlesex, from 1749 to the close of 1800. The Noble Vis count added, that he eras enabled to state, that the number of Commitments dining the last year was less than that of the year prece log. The thotiontion wets not considerable, bet the knowledge that co iiiiii itments had decreased could not fail to afford satisfaction. It Was also worthy of observation, that t se increase of crimes in the City of London and Country of Middlesex was less in proportion than in every other part of Great Britain, excepting Rutland and Gismo' gaii. It had been generally suppostA that clime. had iucreased in cense- THE NATIONAL REGISTER quence of the bad state of the Prison.. That view was cor rect to a degree; bin those who Med that opinion, shoeld look also to the many salutary Statutes passed during the pre sent reign for the regidatinn of prisons. It was impossible not to admit there haul been a lamentable increase of crones within flie last (WO or three years ; yet they could not stint their eyes to the late distresses of the kingdom, occasioned by the high price of provision, the great demand fur labour, and the simultaneons diseliet go of the Army and Navy. All those causes con' not fail to produce ail increase of et tones. Independent, however, of tlio.e causes, Parliament ought to correct the state of the Gaols, and consider whe ther the adoption of salutary regulations would not pro dace a remedy for the evil at present arising from the crowded state cf the prisons. It was advisable to look well to the cans,: of the increase of crimes, and see what was best to be dune to check the mass of iniquity, the crimes which swelled the catalogue year after year. Some had at. tribute' this increase to a sanguinary criminal code, and ftequrncy of punishment. A reference to the returns from 1749 to the present day, of convictions and punishments, would prove that the convictions and executions had nut been excessive. 'There was no evidence to prove that the laws were sanguinary. On the contrary, they had been ad ministered perhaps with too h lenity. With respect to transportotiuti to New South Wales, all moist admit the dread of that punishment was dimin ished ; and as the number of transports had so mach increased. it Was an contemplation to enirire whether another establishment Might not be formed for the te'ost abandoned convicts. In the hulks a good re gulation Isnd bet'u made. The convicts had an interest in be having well. lustastees had occurred in which testimonials of good behaviour had gained the individuals their liberty when their term of i m p r i songs e:t had but half expired. 'The NoldeViscount then drew the atteur:ou of the House to the advantages arising from the introduction oi:rades and Indus. try into prisons. Hard labour should be rat front of' fedders ; but they should have the benefit of learning id the course of their confineineut, some useful occupation, by which they might ildrio Iv meintain themselves and their famalies when released froin p . l „;zhinent. At the same time the prisoner, treated wills humanity, se,,oid feel that he had been punished, and Ku out wills an idea which 'Zooid deter him from the commission of crime in future. Prison rep lotions were to be attended to upon the Penetentiary plan ; and although some inconvenience might arise with eespect to expense in the erection of buildings to carry into effect .proper arrangements, the Committee would nut abandon their plaits on slight grounds. The Noble Viscount cou eluded by nosing, that a Select Committee be appointed to take into consideration the several papers laid on the table, by command of his Royal Highness the Prince Regent, on the 19th, 23 , 1, and LStlr of February inst. relative to the state of gaols in Ettglaild and Wales, and several other matters Limit:in contained ; and to report thereon. The Marquis of beetesuoweia considered the motion only objectionable inasmuch as it did Not give sufficient directiou to the Committee. They wield have to consider 730 Acts of Parliament, connected with the criminal laws, before they could furnish the House with hifortuation as to what were the regulations to be adopted. On that ground lie ob jected to going into a Committee without they were fur nished with additional direction. They might, under the direction then proposed to be given, report a better but more equal mode of punishment ; also a proper distinction to be made between prisoners before and after punishment. Pri• sons were defective if they slid not afford one mode of treatment bekre convictiou and another after, if they did not prevent. that contaminating ettes.t which lead inoreased climes, it would be desirable that the 'Committee should devise means to bring such reports tar the state of prisons before the public as might tend to correct and dinduish crimes. Lastly they should establish that species of labour which should be observed by prisoners. The Noble Marquis did not propose any ameud. mein. The motion was then carried ; and Lord Sidnutsth moved that the Committee do consist or the folloo hag Lords : The Lord Chancellor, Loed Whitworth, I The Lord President , Lord Beauchamp. 'the Marquis of Lansdowne, The Bishop of Chester, The Earl of Carnarvon, The tii•hop of Landall, The Earl of Liverpool Lord Holland, The Earl of Lauderdale, Lord Kenyon, Earl Mulgrave, Lord Aueland, . Lox' Lonadalr, and others. The above Lords will, of course, form the Committee. After some dilcuasion on the employment of child'eu is the cotton factories, during too many hours iu the day, the House adjounied. FRIDAY. Lord Ker.t.re presented a Petition from divers Landholders god others in the county of Fife, praying that, in taking the average price of corn, the maritime district of Scotland may be included. The Petition was ordered to lie in the table. The ChimneySweepers' Reguhitiou Bill eras branght Wfroat the Cowman., and read the trit time. • .... Several Puree Bills were also brought op, and read the &rat time.—Adjourned to Monday. ROUSE OF COMMOYS: MONDAY, Fec. 22. Mr. Warritatan said, he held in his hand a Petition from complain; Jig of vexatious arrest and impri►onment. He wished to slate that he knew notttiug of the Patitioner; t►c Prtitition had, however, been put into his hand to pie. sent, and therefore he now moved that it shostid be brought up. The Petition was hi ought up and teed, and complained of the hardship the Petitioner bad sustained, in being ar rested tinder a warrant of Chief Justice Abbott, and praying for a repeal of the law which gave thia .power to the Chief . Justice. Oidercd to lie on the table. • A Message from the Lords infonned• the Htnise, llieir Lordships had agreed to the Twenty Millings Exchequer Bills' Bill, and the Bristol (;se-light Tlw names of the defaulters on Friday's ballot were, on the Motion of Mr. N'ansittart, celled over, and thu :leveled Members ordered to otten.i on Mime ballots. The Chieone‘-sweepers' Regulation Ball was read a third time, and seat to the Lords. THE WINDSOR ESTABLPSIIMENT. Lord CAVILER EACH then snored the Order ut the Dity, for the House gulag mu a Committer on that part of the hytech of the Lords Ctmamissioners which related to the Witidsor Establislimsat. Tin lime lowing accordingly rcoolrod it- A lb • FEB. -18 self into a Qpniwittee, the Noble Lord observ e d, h e should now procedll to move certain Resolutions tai the subject of his Majesty's future F./auntieMOM. The more usual way would have been, perhaps, to have moved fur leave to bring in a Bill, and then discuss that Bill in its several stages; but be was desirousthe House should hese the whole subject before it at one view, and discuss the Resolutions ; which, it agreed to, he then could move for leave to bring in Bilk founded upon them. He should move, first, a Resolution for granting 50,0001. lor his Nlikiesty's Estalilishment ; second, A Resolution for regulating' the Pensions of her late Majesty's Servants ; third, A Resolution for a giant of 10,0001. N the Cnstos of his Majesty's Person ; and, fourth, A Resolution to make a partial alteration in the mode of superanenetiug the King's Servants. There would also be a fifth and sick Resolution, but they would be of subordinate constopie me , and would merely regard the future payments from the Es: chewier and other matters of form. The Noble Lord th„, proceeded to state the several Resolutions and their nbj. rt to the Committee. With respect to the first resolution, namely, the 30,0091. for the Windsornent, th; labours of the Committee Intl much abridged his lahmir be their Report; they having decided on that sum as a fit tale fur the Windsor Establishment. 'there was, as far as could be,a general opinion that the sum was reasonable,. and the appoitatmeats made with us much economy as retold be dime. The only point on which there was any difference ass, whether there Afield be four or six Equerries. Mr. Burke', Bill had certainly fised the number at four, and be should now re-argue that question. With respect to the 50.0001, one thud wonld be taken to keep• lip Windsor as a Royal Palace, and near one third fur salaries ; and its tact ou t more than 16,0001. would he left fir the support of his Ma. jesty's table and , state, a sum which he trusted would nut be cousidered as extravagant. Thu second. resolution woula relate to the salaries and pensions to her late Majesty's household ; and here the Committee had endeavoured to f o rm ,themselves on the precedents of Queen Caroline, the PlM ct'sa Dowager of Wales, and Queen Mary ; and wherever th ese e eeld he departed from, without glaring injustice, a strict attention lied been paid le economy. With respect to the officers of state, they butt departed froth the precedent and had reduced their eolith%from 53,0001. to about 18,0001. thns saving about 7,0001. and the smn SION to be voted for the so p e ,zimuation of her late Majesty's servants, was less than c ol lar ot t ea t , Caroline's or the Princess Dowager% 'hit third resolution relatc:i to the grant to the Coitus. Upon this he uuderntuod the Right Nun. Gentleman intended to • propose an amendment. He eneldesaaHl the Right Hou. Gentleman did not propose to alter the office of the Custer, but merely to propose that the allowance to the Cities should be taken o'tt of the privy purse. This wonld be to touch that fund as a public foal ; a proposition which, in bus opinion, could not be defended on any principle of law a pottier which the Right Hon. Gentleman could tiring forward. When the office of Custos was considered both as related to its responsibility, whether looking at it in a public or imitate point of view,. and its importance, he could not but think it ought to be !mid as other great official trams wei e, out of the public purse. lie was now to android with the Right Hon. Gentleman, that, as in the ease of a private individual, the Lord Chancellor would have to decide what charge should be laid on the lunatic's estate, so leas Pal liament in its equity to decide upon the charge to be made upon his Majesty's pro. perty ; and further, that in law, justice, and equity, the House could not apply the unpins of the privy pane, which was private property, to the payment of a public officer, as the Custo' was, whether that office was vested in the Queen. Consort, the Duke of York, or any other individual of high rank. The Acts of the 39th and 40th of the King had given to his Majesty the right and et-tenon, over this property, suit a power to his Majesty to dispose of such private property by will $ and to put it beyond all doubt what this private property was, and from what it was to arise, the Bill enu merates the purchases niade by his Majesty out of the su:. plus of his privy purse. And, if any doubt after this couid have existed, it was set at rest by Parliament, in the Aets of 1811. and 1812 ; when in these Acts, Parliament with the most scrupulous jealousy, declared the Privy Purse to be 60,0001. and lied up as his Majesty's private property, in the strictest manner, to be disposed of by his Majesty,either by• will, or as the private property of any other individual would be by law disposed of. And at the time they did this, Par liament was most careful not to threw any public charge epee the privy purse. And he had now to contend, that in the case of the King, the same charges could not he made out his private property which would be made mettle 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 honoured as he wearied ever +avoid be. The Sovereign at the cominencement of the present • reign, had a revennewltich would now have produced Iwo millions. This he gave up fora Anted Civil List and a Privy Pune. All • his servants were paid out of that Cis it List; and were, in fact, pnitlic Servants ; and although he had been overtaken by the lamented malady, under which he now laboured, he was not less our Sovereign, or less entitled to his summit and maintenance, and ao the support of his public servants; and if there was a public Officer at all about the Royal Person, an Officer of public confidence and trust—an individual who was to shield our Sovereign and the Constitution of the country from the machinations of those who might be induced to invade the rights of either ; whilst treating on such as subject, he trnsted the Legitlature wonld not wish to put this individual on the footing of All old muse attending a sick bed.—Hear, hear I—He hoped the question would be met manfully and boldly, and Not he ills. posed of by trimming of votes —Loud cries of Hear ! fi orn both sides.—No Officer could be mere prominent tlimi the Guardian of the Ring's Person. But the case had been sealed up by the Acts of Paaliaosent. The privy purse was the priyate property of' the Sovereign, and might have been &mooed of by will.' To establish such a ptecedent as was . now proposed, would br c wsistent neither with the wisdom • nor the justice of Pat-Hamra i; as it weut to deprive the KIIIII of a right possessed by the meaneat of his subjects. He (Lord C. addressed a Home that Was about to cuinustnee Us careerof legislation, and to establish its cluttacter.—Hear, hear !'from all quakes of the House.—And 'would it be come a British Parliament to tresspass on the rigbss of their affifeted and anfortunateMouarch ? During the preesnre of a protracted war, the property of the foreigner vested in our funds mumbled unlatched ; and would the House lay violent hands on the small remnant of the properly of the King ? lie liaidlY Illiinght the Hight flotiontable Gentle man would have the hardihuud to make the proposition, or would endeavour to induce the House to accede to is pro position that would cover them with infamy. But sheald he have enuugh of nerve for the purpose. lie ti ested the House would treat the proposition in the timelier it deserved F2l himself, he would say, Nolumus term Artpliec mita , ‘I • N.