The Statesman. — London, England, 1818-12-11 00:00:00

-A encroached upon, and which they wished to restore and preserve. list, against the opinion this given, he would advance one of Blackstone, who bad •icl, that if the laws were changed or amended every .tory, it would be so much the better for the then existing generation. Besides this, Blackstone, speak of the severity of the laws, had the following words it is a melancholy truth, that among the iety of actions which men are daily liable'to corn no less than a hundred and silty have been de- Auer! by Act of Parliament to be felonies without benefit of clergy ; or, in other words, to be worthy !mink death. So dreadful a list, instead of di ,tinisbing, Increashs the number of offenders. The Injured, through compassion, will often forbear to cosetcate ; Juries, threegh compassion, will some 'lmes forget their oaths, and either acquit the guilty mitigate the nature of the offence; and Judges, Iltreeett compassion, will respite one half of the con. icts, and recommend them to Royal mercy. Among many chances of escaping, the needy and hardened offender overlooks the multitude that suffer ; he 'ldl7 engages in some desperate attempt to relieve wants or supply his vices ; and, if onespectedly , hand of justice overtakes him, he deems himself peculiarly unfortunate in falling at last a sacrifice to th-le laws which long impunity - has tamed him to It wae impossible for that Learned Commentator bare expressed binwelf otherwise, when he found many capital punishMents annexed to the commis of so many comparatively trivial actions. For , act alone—that of going amongst the gypsies for month, the punishment decreed by the law was • death. To remedy the abuses arising oat of this un natal operation of the I . 4ws, several distinguished men had exerted tkemselves•at different periods.— Mr. Fez had done so, end failed ; but in the trial he elicited the • opinions of the first characters of the is favone.of his motion. Amongst others, it wasknown that Mr. Pitt Was favourable to a general revision ; for Mr. Wilberforce- asserted on one occa sion, that so deeply was Mr. Pitt impressed with the meceraity of a genetsl revision of the Penal Code, that bad it in contemplation to have the whole of it submitted to the consideration of some of the eminent lawyers of the day. So far the opinions of many great men had gone in favour of his proposition. Be should now look at the facts which bad resulted from the great increase of capital punishments. If ware necessary, as was alleged by the oppo nents of the revision, their good effects ought to be risible, and the country ought to be improved in its morality. But how did the matter stand ? Instead of a decrease, there was a fearful increase of crime within a years. (Here Mr. Fayed read the comparative statement of the increase of crimes and punishments, Within the last few years, for which we refer our Readers: to the Advertisement of the Resolutions, in stoother page.) •Besides these, he added, there was be observed the wonderful increase in the crime of forgery, which seemed,' and was, in fact, spreading • were in proportion to the severity with which it visited. The number of forged one-pound Bank notes discovered by the Bank of England, between pnnary 1, 1814, and April 10, 1818, were as fol low Years. • Amount. Years. 3814 , 10,31 0 1816 ... 41• om January 1, to April 10, rBl 8, 8,917. ro •• this he ce Iceived it might be Troy fairly do _at•ed that the lb: smile of capital pun . ;anent. was asotabe beat, nor IA all a good diode of suppressing "rime. Among the crimes fur which the utmost enmity of our law was, not too gr. !t, there were >me about which there could be uo difference of tpinion. These were murder, treasoi , and bdr ry; but he would ssk, ought the same awed of severity to he dealt out to the man who stole to value of ss. as to him who violently and 'bout cause deprived his fellow man of life—to who dared to conspire against the life of his SI/. f ereign, or to him who . in the dead of night should •,k it, upon the property of another ? The suppo ton Fns as absurd as it was ws.iting in good policy humanity ; but the Court would, no doubt, be ;ked to learn that, including the three offenees tch he had just named, there were not less than crimes punishable with death—(l/ear, hear !) of which were made capital in the present reign. might, perhaps, be said, as was urged by the doble Secretary of State, that it rested with the pro. secetors in many cases not to indict for the capital • of the crime; as, for instance, where it was fur ding above the value of 40s. in a dwelling-house, virile of the property stolen might be stated as less. To this be would answer, that, however ha ,.ne the intentions of a prosecutor might be, he was boated to tell the truth and the whole truth ; and if he was robbed to the value of 51., and swore It as under 405., he would be calling God to wit ness with a lie in his mouth. Thia was one of those "loos frauds which were frequently resorted to, to present the infliction of capital punishment, but which, more than all other things, showed the neces • of having that punishment mitigated to something severe, but more certain. He had as high a re spect for the laws as any man, and therefore he did net wish to see them treated as mere forMs in those cases where, if they were too severe or ineffectual, they AK to be repealed or amended.—(flear, .hetze!) Hot nothing was more common every day than to Judges and Juries endeavouring to evade their severity by such means as those to which he had al- Jded. Ile was not•skilled in law himself, and there. fore be should be very diffident of giving his own op!. .ns upon them ; but what he urged were notalottehis ro, but those of the most eminent lawyers of the day. mongst these were those of Mr. Montage and Lushington. Amongst the veiy• many laws oich were still on the Statute Book, and whose existence proved the necessity of revision, the Court should know, and " perhaps," said Mr. Favell, you, my Lord (addressing the Lord Mayor), are • ignorant, that though at the commencement of , ur high office you followed the splendid hospitality your predecessors, you were yet liable to prosecu tion, from whiffle you happily have escaped, for has move then two courses at your tahle.—( and a laugh.)—And," contineed Mr. Favell, " the Members of the Court are also liable to prosecution wearing any for on their clothes, that not being towed to .any one beneath the rank of an Alder in. Besides these, there is another law, which was enacted for the protection and encouragement of the • . • :. • . , ,EMI •.......... • been rester/ . 1 ' ghee, yid, i COMO Ctilltil ; ing o 1, 'worth soviet mit, , i ll claret henefl of in' minis' hojert prose times f . or mi , throe I - . via'', 11 .. en ms , otient bolcli , • his a . 1 • the it • patrol • I , these coot. 4 It • t to In ' I .. tome lion 1 i ' one a i 1 lir aMO i 1 ' libgth I . • ..< 14pa 1 t ; ‘ oxen 1 .., . Mr. 1 s s • . eliciti 1 ~ I day i A -wash 1 - . retrial . @ion, weeel At f i' • - --,Gam aril from l i 1• /. • ,they 1 4 vents I 1 visibli • moral - decre few y Marfa nathit . _Read, i 1 i 4 "tooth .. eelie i• fele, Ais it 1 - liat ,1 r.' • notes Janet • low : i., y.a i 1814 i . . . l i t , rib I VINO I t • veil i'llill t'Pd -- L-- illetli Crime Ilegfri - some opioi , t- glary -saved the e. 1 l . with° 4 , s bim sl , i : vereip • break k iitiOn t and h + la ”c 1; 44 e laid • "200 c • 60 of I it at • Nobli smut , part I . 1 SWIM 1 the ii • i less. i. . mane bosh' that, to it I ness 1 Timis prose whici I City o less s • 1 1 epect note # ' CM. ooeh4 ---Illa • I see sever i t hulk fore I 1 nions own, Amo Dr. whicl exist' ~ *, shoal .t 1 66 y c i -' not i i . your I i of y 4 tion, lag I and I A i Mew fors li 1 s 1 silos i - an ii, Amu wool trade, tel to be re who bainot with a cons; some ii this law enft dictment might well lie against them for wearing. coats of such scanty size, and omitting the geed old contlitulional broad daps and skirts, which the law I allude to bad in view."—(hear, hear,! and a laugh.)—Mr. Favell emitterlied. He did not mean. to treat the subject with levity, but it ens imposaH ble not to be struck with the abserrilty which that existence of such laws cast upon our vrholeCOde. There was another law, which had been tepee. 1 upon the motion of Sir Samuel Romilly, by yid soldiers appearing in arms or military' dress, in time of peace, were liable to be put to death. This 'irks. made at the instance of the feudal Baton', Whetters anxious that their vassals and retainhs Shoold, he soon as their military service was espit;l, reliant to the plough. The conviction of the inequality of way of our laws was so strong on the mind of his late.l Majesty, George IL, that it was said he never'sigi ed a death-warrant under soch circomstaecea, will. out betraying every symptom of impatiehce and displeasure, by whirling his hat round and Inning iu apparent anger up and down the dram. -a lio should also mention a remaik made by pis -, ',.. i . Majesty, on an occasion when the Resorde ; .t i e his Report to him of the pintoes who had ..-.., -' pitally convicted. It watirst necessary (4°644'4%01M though pickings pocket was not a capital felony, yet that taking any thing privily of the value of Is. tram the person was punishable , stith death. On 04 oc casion to which he alluded, On@ Rmeorder bad to re port the capital conviction of a Menjor Meiling privily from the person. ThiKing asked what" that meant, ea distinguished "rout picking a pocket ? To which he. was answered; that it meant tallug thit fir; tide without the knowledge of the party from Whom it was stolen. " Why," replied his Majesty, " I had always understood that the veil esience of pick ing a pocket wa', that it should be done as much without the knowledge of the party as possible." The King refused to sign the death.warrant, and the criminal was ordered to be transported.—( bear, hear !)—These facts, though in themselves simple, were sufficient to show the Opinions - entertained by the first men In. the country of the severity of our laws, in many cases of minor crimes. In further illustration of his argument, Mr. Favell quoted the opinion of Lord Grenville, in reply to a speech of the Lord Chancellor's against a proposed mitigation of capital punishment, in the case of stealiog privately under a certain value. Loral Gren 'Hie in his answer said, " According to the view which I take of the case, the only question for' the consideration of the House is simply thia--- 4 Is the crime of stealing privately in a shop to the value of five Shillings, an offence to which the punishment of death is fit to be attsthed ?' I came to the Muse this night for the purpose of voting foe the pre sent Bill, because I think the punishment of death unfit for such an offence. I cannot imagine any man to be so deluded as not to perceive that the question is simply this—' Aye or No; is Hp' punishment of death a fit penithrnent to k infliCiell for the crime of stealing privately in a shop to the es- . lue . of ss. ?' This, I contend, is the real question before the House, and every one of lorselesikshis 4 roust make up his mind to thb affirmative di neetivie of this proposition, before he ventures to gives his tote upon the present Bill. If the argument of the Noble and Learned Lurd (the Lord Chancellor) is of say avail, it will warrant the conclusion, that it is . only necessary for your Lordships at once, and for every offence, to enact the law of Draco." " The Lord Chancellor.—l must interrupt the Noble Lord, to assure him that I never made the as liertion, or even insinuated, that the punishment of death is fit for every offence." • " Lord Grenville.—l do not impute any such as. eertion to the Noble and Learned Lord : I only main. taiu, that if the Noble and Learned Lord's argument is I of any avail, it necessarily leads to this conclusion. I do not attribute such a principle to the Noble Lord, but I attribute it to the Noble Lord's argument as a necessary inference." The Gentleman then went on to show that, ac cording to the opinions of the most intelligent men in every age and country, the great severity of pu nishment tended rather to increase than diminish crime. He added, that the discretionary power which such severity of the law put into the hands of the Judges, was often productive of the greatest ine quality ; and he instanced the case of two men who were detected, in Suffolk, in the act of stealing some fowls, one was arrested on the spot, and the ether made his escape. lie who was arrested was tried and convicted for the offence before Judge Ruller,who not thinking the crime of any serious magnitude, sentenced the man to three months' imprisonment.— The other man was arrested in some time after, and convicted for the offence at the ensuing Assizes be fore Judge Gould, who having a different opinion as to the enormity of the crime from that held by Judge Buller, sentenced the unfortunate man to seven years' transportation ; and it so happened that of these two men, the one was leaving his prison after the expiration of his punishment, at the time the other was setting out for Botany Bay, to undergo •a more severe one, though both for the same offence; bat this was because the law was uncertain, 'and was left to the discretion of the Judges, who, as the best men do at times, differed in their opinions. That over-great severity tended to counteract the -law could not be doubted by any men who had paid any attention to the effect of punishment in any case. Lord Bacon said on that subject—" There 'tiresome Penal Laws fit to be retained, but their pe realty is too great ; and it is ,ever a role, that any over-great penalty, besides the acerbity of it, deadens the execution of the law." In fa•-t, pro secetors were deterred from giving evidence, by the dread of that odium which will sometimes attach, for bringing en unfortunate criminal to capital pu niqhment for a comparatively small offence. That odium was not created by any want of disrespect to the laws generally, but cruelty and severity of some taws in particular, and was in itself one of the strangest grounds for his proposition ;_for there was Salting more incumbent on public authorities than to hoe laws which would be geuerally respected; for THE STATESMAY; . ! . ..• : 1 , unisheresita„ `a he who knows not hose often rigor ous laws produce total impeoity, and how many crimes are concealed and•forgettee, for fear of bur ying the offender to that state in which there is no lepentance, has conversed very Hale with mankind. vd,' whatever effitliets of reproach or coetempt. this 'compassion may inner from those . who Coisfound cruelty with firmness, I. koow not whether any wise, min 'would 'wish it less powerful or teas ezWusive." Instead of those severe capital punishments, he would ; if he were to suggest 'any thinghefore the. subject came under the consideration of the Legiala tore, thee there should be substituted a degree abate labour, or solitary imprisonment, proportioned to the enormity of the offence. Hp would also suggest, aka great prevention'of many crimes, that greater anen t. • ton should be paid to the discipline and morals of the i i prisoners then there - was at present. That excellent j I Ady . , Mrs. Fry, had, in her own esettions for better. log the condition of prisoners, given an admirable, proof of the efficacy of this pile. The gond elle* of substituting Less severe punishments fOr minor 01. fences, were, he said, latrortgly eseenpliied i*- life treats/at of criminals in America. Of this he'ilted one or two strong instances, Which our limits will inot allow us to insert. By the extreme severity of many laws which were, in few eases of conviction,, carried into execution, there was that uncertainty of i puaishment, and conhequent chance of escape, created 1 in the minds of the lower orders, which were most favourable to the increased commission of crime. In point of fact, the pardon should be an exception tot . the law; betehere the law was made an eareption to the pardon.—( Ilear, hear, hear !)—The Jury, in many cases, took the law into their own handl, and altered it in the prisoner's favour.—[here I. alluded to the cases mentioned in the Advertisement, which see.]—He then went on to show, that thee, inequalities of law and uncertainty of punishment were productive of the worst effects on the minds of prisoners, even after conviction ; and that to' Ala Moment the warrant was announced for their ewes. don, their sole object seemed to be to devise some, means, by entreaties on the part of their friepdsoo 4 , avert that awful catastrophe ; and in support of thief be gave the opinion of the Rev. Mr. Ford. Hi 11114.7 quoted the opinions of Dr. Leasom and ihe Rata Rowland Hill, to show the effects which lenient i treatment was likely to produce on the minds Of.per- 4 I sons convicted of minor offences; and concluded, amidst loud applause, by moving the Itesoletions.—.- I [See Advertisement.) . ! Mr. WILLI vats rose to wand the motion for re: milting the Resolutions. He said it cnold not lae l i contradicted that throughout the kingdom at largei 1 crime had of late tskeu the most alarming strides.— .. 1 The condo') then was, what was the came of Ms, increase? Perhaps it aas in part from the recent ! termination of a calamitous war, and from a variety. i lof other causes. Had it not been for the Bible go. , tiety, and other Societies, appropriated forthesitketal, instruction of youth, the evil of the increasing pee-, gigocy of the times would, no doubt, have been Mt . in • more alarming degree. lie folly believed tbut .. greet cease of the increase of crime was tiall uncertainty of punishment. As our Criminal Cedr now existed, there was a vast number of chances to one of a culprit escaping. The disproportion of punish 'ment to crime was an evil which most seriously called for reform. It appeared from the statement of the Member who proposed the Resolution,that no less thee `2OO offences, of various shades of guilt and degrees of enormity, were indiscriminately punished with death. lie wished to speak with all reverence both of our laws and of the mode of their execution ; but he apprehended, notwithstanding, that both one and the other, in videos instances, rather led to, than deterred from, the commission of crime.— Partiality in the execution of laws was a thing alto gether to he deprecated—it was productive of the worst effects. It but very lately happened, that two men having been committed for the crime of forgery, and one having pleaded guilty, the other called him a hen-hearted rascal, as, if he had not done so, they would both have been arraigned on the minor offence. The extent to which our Penal Lives had now swelled was truly ridiculous. All were re quired, and supposed to be acquainted with the Criminal Law ; yet, he asked, could any, even pro fessional men, read and recollect the multifarious penal enactments on the Statute Book ? Some of them were disgraceful to a civilized natio?: —There was a law, yet unrepeated, visiting with the punishment of death any person • guilty of aiding or assisting a hobgoblin. But they should not forget one principal cause of the increase of crime. He believed that the great licentiousness. of modern times had produced much of the evils of the day. Neither was it to be suppressed, that the too great !ashy in executing the existing laws by the Magistracy, and deputing others to see punishments indicted on the convicted, had contributed to dimi nish the feeling of solemnity and awe that ought to mark such eshibitions, and thus remotely en couraged guilt. He believed that negligence .and lightness in dispensing the punishment decreed against minor offences particularly, had frequently confirmed the juvenile delinquent in his vicious practices, and deprived society of the benefit which would result from his reformation ; a mistaken sense of humanity also to early offenders was too often the source of delinquency and the nurse of crime ; but, above all, the multitude of offenders in this great city was mainly originating from, and attributable to, the great number of abandoned women allowed to range through the streets. In this and other respects he had often had occasion to admire the exercise of humanity, while he could not but believe that an impartial judgment, and a little necessary severity in the case, might have sowed the seeds of reformation, and secured a return to the paths of virtue. And had our prisons been made an occasion and means of moral discipline and improvement to- their unhappy inmates ? Troth obliged him tts say, not. It was undeniable, that when a criminal had been convicted of a capital of fence, and escaped death, he should be compelled us long as be remained in Vtialli to work, both to belie- 1 F11:4 • - 7 I .C.V. . 11.01 , -,..v...... A i • lIIMINSMOIMMIIk 4 11 . -,; b , , 4 -.- - • . e, by which coats made smell ste nocelew.. Piss t res _ for the laws c ,elLat t , ore, andemir, 000 is leibi4 UrPh**, otfiis• voit matio ti . ertill Ind ;nipper .14e T. ~,l i re..ll ofiii4l ;bid by gitabipeaidi . iibit: tib- shforsblo lea Wiry acted). Indeed, I mime 7 ~.1,9 0 r V s , . intention'not tong back of seeking tohave " Fol terror. ant for eF.e,la time the rad &root% more mocked than feared." nforced by instituting an indictment against To this might lie added the oplaiois of. lll:Jahn- -11 / " 1" wiled dialtdift ; ei ' d I think en l e- son, who laid in his idmirablo Essay nn Capital A.,...., - • • 1 •,_ •-• t • 'N fk .soy; en t a :t i nd st jk lil e m .ttai aself ; ;joie letriser _t_ t . is: iiv tkr ire t et; 1 Telleentfor leness - ptevailing tit • at led to many the disorder& Net infested suet . I saw some ) n ti !Men is the room wbo" . atitcb,o u rt * me i n . rt, siting and eta 'lig oeuiikg,p ad 'h e warmly praised the.etrellence of the discipline ob. .seliffillaila beThreilWreott;tl served in them, a to I ty , that oat not lad Wo r thy Alder. man opposite (Alderman Wood) had minutely ia. spected the Maisots de Force, at. Cheat, sad spok e in the highest terms of its admirahle managem ent aid regolations—the arrenpment and classificatioe of the pritioners. From the circumstances of the times, many persons occupied our prisons far from ,the last stage. of guilt—multitudes, comparatively innocent, were sent in there after the commissioa, or for attempting to commit very trifling offence s. _, Bow did we treat such persons? We received tho le hut just affected, as it might be said—we sent them out completely tainted, and utterly depraved. With all our Charitable Institutions, and uo country piel4 ceased more, there was still a deficiency --there was no pi ece whe r e unfortunate men and women, snakes to return to the habits of industry and honesty, eligia go and ask for work, or where they might even seclude themselves, and prove, by t heir conduct, they were it , .. deed refoimed, and desirous to procure employment from any charitsfilyitsposed and more fortunate meat. • bers of society. It was in, sail) to elide:mar to eludeOt parry the consideration Of this walk's; they wo•ild be compelled to meet it tyeilly, and argue it on briiad grounds It was peCuliarly Neu reheat on them to dn' so ; - they should recollect the words of a great naval' officer—" England expects every Mau to d o his duty. P.— He sincerely believed that if they did their duty; the -Legislature would be • fully dispos , A to assist them in the meat work. But the first step, as he conceived, towards amendment, was an elect see cation by them of the functions consigned to them by •the law. 'fhey should make punishment cer. tarn in its infliction wherever it was sentenced. it should always he inflicted under 04 eye of the Ma. gistrates tbernselves, aed never left to i n fe r i or officers. .Soch a delicate trust should never be as. signed to a dewy. He had himself seen how .cue. -fully this. was attended.. to in other countries. It had often been bis lot to witness public whippings in London, where no Magistrate made his appear. entry but in -Holland he had had ocular demon stration thin the most respectable Magistrates and ihirghess did not consider it beneath them to super. Intend on sack oceasionf He believed things were noel 'Came to that pass that something by way of remedy could not longer be deferred ; he was not enthusiastic; but he should, at least, honestly dis• charge his Den duty. He should sum op by say ing, that a fair, conscientious trial of the offence charged, and a certain punishmeut following cone victioti, would go mach further towardilhe repro,- sion of crime, and reformation pf public morsis y thaa 1 irty discretion Wt to the Judges to modify the nota tion of undiatinguishingly severe laws. lie hod had the good fortune to know the philatithropicAratieth they differed in opinion on many points) ilitmlnat Geutteman constantly endeavoured to imprele pit his mind the importance of examining the manage. spent. of jails—he had accordingly hen Pte: oaths prison of Bury St. Edmonds, and Mae bound to "declare that the keeper of it was entitled to all praise. . Re iwAsi ' also *sae tistough tattraiter ittil, and been highly gratified at the regulations sign. blished there. Gebtlemeu would do well its pets visit to these places, they would convince them how greatly inferior their own houses of confinemept were. He had seen a prison at Rotterdam exhi biting the utmost marks of misery and wretchedness; lie enquired the cause from the keeper, nho old him that before the reign of Bonaparte it was not so; i j that there had been fond; and a good system of ma. nagement, bet that in his time the place had been I I neglected, and every thing in it suffered to go to decay and ruin. He should now conclude, begging pardon for having occupied so much of their time. The Resolutions were then read by the proper Officer, after which— Mr. JACKS addressed the Court. He rose, be said, under circumstances of considerable embar rassment, compelled to disagree, as he was, in many particulars from the opinions of his Worthy Friend who had proposed the Resolutions. There was not 4 single Member in the room for whose onderstandsing or personal charaCter be entertained a higher respect; he concurred in many of his po iitious, but he was yet .. to learn •thet the remedy suggested by him, would reach the evil complained of.-'-ills Worlll Friend - had said, and said very proper ir e that any innovations on our Criminal Cede otsght• to be 'attempted with . the nicest caution ; bet he also said, that such innovations or altera tions had been generally deemed advisable, and de sirable for many years. This was quite new to him. Sir Samuel Itomitty, indeed, saw a necessity for alteration, but on the first agitation of the question by him, having consulted the twelve Judges, they were unanimously of opinion against it. At that period, he bed himself asked the opinion of the two Law Officers of that Court, who agreed-with them, and within this half hour the Common Ser. jeant had told him be was of the same opinion. It was said our Code was the most sanguinary in the world. lie should examine that position in detail.— The severest code that ho was acquainted with was that of Draco. who punished even idiots with death. The worthy Member then cited and examined the codes of Solon and Lyctirgoa, and the laws of the twelve tables at Rome, particularly that for dissect ing and dividing among his creditois the body of an insolvent debtor—norieed the changes made in the lime of Augustus, and the vast extent to which the Justinian Cude reached. Ile afterwards referred to the translation of the Indian Code by Sir W. Jones— but was called to order by Mr. WILLIAMS, who said that the qoestion before the Court related to the taw of England. ' Mr. JACKS replied, that as it• had been esierted that the English Code was the most severe in the world, it was competent to him to adduce other cedes, and show that they were rigid. Mr. Favxm. said, that his expression was, ' 6 tie most sanguinary in the civilized world." Mr. Jacks continued.— Moses enacted the punish. 1 meta of death for the crimes of murder, adultery, 1 blasphemy, and cursing a father or mother. W I'., . f- r9l .. . _ ; .. . .., ~.,- . s., , c , t 0 • i t 4 1 I. • ~ .1 ~:. A 1. r. .4 *