The Statesman. — London, England, 1822-06-05 00:00:00

not name.—(Hear, hear.) — I been adopted in France ander , who had taken as active part it would transmit his name to tint from that whisk By favour of ea* of the aim a copy of a Report, ',lake e new Code. That Cede he with the Code of Baglaad. capital felonies; its the other • followi ag : —High Tresses, fiord in. terms digerieg fees . Murder, which was well der af notes of the Bank of Pilate a. Coining; and Theft, wine umstaners:—that it hi 4510 1 rpetrated be two or moromala ; that* Weis. is broke' open, rof legal authority; or thee ireatened to be lased. Uadei teenth part of the offences spa er the English Code, about a with death. lo France, there Id about four-fifths of the p.. ted of imprisonment and hard lumber of transportatioas were iishments by imprisonment and oto one•fourtb. The was pniation during the period to referred, be would take at mount of the French popale eriod might be estimated at wo and a half to one. Such 'ared that the convictions in I live years doubled those which 0, bruit live times as many as the people. in the five years .ferred to, the convictions is to in France, amounting to tea lord°, to the population. le er of convictions, in the firs red and nitietr•four. The ave. tree years, 303, being a varier glacial the average number at I was 349. la the latter it bad vase, though part of it might 'under which the people had groan, he argued, was aloe meter of our Penal Code. The invaded, the disbanding of a ors of a thirty years war, would eel a different result. That the fatal increase of crime ssed in England, must be to improved Criminal Code In that country. la this coca , the year 11309, which was prosperity, when the Chan was in his Paradise. is t it was wealth, the convictions s 549, beiag surly an increase pressure of severe distress had I Learned Gentleman argued at he difference between the two tgland and Prance. The laws to be executed—those of Eat' carried into execattoo. Ttie to repress disorder and to da de of accomplishing this was to onnishooent. so that use of hn i see the laws carried into ex. iof justice would be perfectly opionage (which did sore harm mod, and that duty would be kat. which was sow ill pu rity. Ile did soot slisap ve l awd eo p Hraal at he objvcsoal tramportatio• 11 11 1 1 0 . 7 1. 1 4: . 'ration o America from Eag had net been takes to form solony. He suggested some • conceived might be carried noticed the state of our pri srfect classification whisk bad I which merely keeping felons a man who bad only amid tree to be the companion of re classification should be ae sold continue to be schools for poor laws, and revenue laws id the jails would prepare those gallows. He then pronouticed s the efforts of those virtuous :males who had devoted their of our prisons. He considered umstance that the importune bad been recognised in a late conduct of those ladies wise themselves with that of the fe. countries under the endearing *1 Charity." he 'hewed that hours were greatly surpassed t Sisters of Charity. He putt. inwearied efforts of one Lady rself in this way, and described cling the gratification he bad a prison, and witnessing the efforts to relieve the wretched, He came away with that admi which it was impossible that east humanity should refuse at sf this female Howard. Those stowable works had done their eligion. and morality amongst the Criminal Law met them at an impenetrable barrier to sod destroying the seeds of be ndeavoured to sow them. Oar of crime. and made people nu in proportion as they were igh to establish most satisfac basis of his argument, which Bled and cruel severity of our •ned Gentleman then concluded louse, by moving the following take elides its early consider sf Parliament, the means of in oar Criminal Law, by abating seasores for strenphroing the )gether with measures for rea -1 imprisonment more effectual le and reformation." IRRAL said, that under any h considerable difficulty to ad icularly so, after the eloquent is Hon. and Learned Friend. whose prejudices were against linal Law. He was no 'deo it, unless it were justified by s of society required it. But punishment was at present tea as these circumstances re- Med to the Resolution of his it would cast a stigma on the r. I t would place the Govern or in such a situation that they mit could not be followed by is Hoe. and Learned Friend ated from his usual course.— It for the appointment of a ranted, and in which be (Sir n active part ; from this Cons which, in certain cases, the abolition of capital pesisktnent was recommended, and . the substitstios of a secondary ponishmest. These measures were received by the house and adopted, but others which were also recommended were rejected. His Honourable and Learned Friend now amused as the basis of his argument, that the house as seated originally to these measures, it ought now to accede to his Resolution. if he brought forward a spe cific measure where the remedies were at once seem, be might call on the house with some reason to assent to it. But he saw no ground for going into a general review of the Criminal Law. when the house were completely is the dark as to any practical measure that could result from such a course. Besides, as proposed by his Hon. and Learned Friend, it was a subject which could not be considered is one night, or one Session. When be said that punishment increased crime, he bad no facts to guide him but the number of persons tried and the am ber convicted. The Committee recommended that capi tal punishments should be abolished in awhile cases, sod from the morns on the table, ha fund that the crimes which were exempted from the punishment of death, bad increased in as large a proportion as other crimes ; thus the argument founded upon these data was stronger' for the continuum* of capital punishment than fee its abolition. Bet the Honourable and Learned Gentle mas slid, since capital puoisbment bad the effect of In creasing crime. it ought to be repealed. If the argu ment be good in one cue it must in another, sad there fore should be repealed as to burglary, robbing oe the highway, and maiming and cutting with the design of killing. It was the principle of our law, that there could be no scale for the punishment of crime, its slides lion must be left to the exercise of the prerogative of the Crown. But the Horn. and Learned Goodman said, if capitol punishment we to execited, and a secondary bstitnted, it were better that the secondary punish ment should be at once male the fixed punishment. (the Attorney General) said no, because the fear of ea pi tal punishment operated as an additiosal motive against the commission of the offence. When his Hobourable and Learned Friend compared the Criminal Law of France with the Criminal Law of this country. he should ban taken into consideration the whole system of the French Preventive Police; and unless they were to adopt the whole system of the Code Napoleon, no inference could be drawa from lbe effects of the Criminal Laws of Franco. At what period did the Honourable and Learned Friend call upon the House to adopt his Rusticities? At a time when s Coss. =Wee were sitting on prison discipline, and en the state of the police, and when a Report was expected from a gentleman who bad been sent out to New South Wales. to eollect Information on the subject of troate portation. With a knowledge of these circumstances, did his Hon. and Learned Friend call upon the House to adopt his Resolution.. If he expected that any practical measures should follow his Resolution. he ought to have introduced it to the Horse at a much earlier period of the Session. It would be placing the House sad the country is an extraordinary situation if this motion were to be adopted without following it up by any practical measure. To adopt each a Resolution would be holding oat a general condemnation not only of the law itself, but of the moose, is whiob it was eat tested; and he know of tto jest ground of complaisi against the present practice of the Law. There yeti several reforms now under consideration. and in a stab of progress, which might be impeded by this happen tune motion. But the House was not sow is a nat ation to follow up the abstract proposition of his Hon. sad Learned ?dead. and he would place the law aid the administration of it in an odious situation. He ad mitted the great instance of revising the Criminal Lew, and abolis many capital puishoisota; but . even 'measure requi a distinct soesideradon. which mad net be gives to the subjeo is Vainewervillous inirepor the Rushtoe, and should therefore move the previous question. Mr. F. BUXTON, after eulogising the speech of Sir J. Mackintosh, said that be was ready to concede to the AUorsepOtmeral that the possibility of suffering death was an additional terror to prevent the commission of crime. But he had in his possession the Returns from Ireland, which proved the inefficacy of that law altoges tber. The number of persons tried for crimes not ca pital was 6000, of which 3000 were convicted. The number of trials for capital crimes was 2300, of which only two hundred were found guilty. Thus upon the former the convictions amounted to one-half. while Is the latter there was only a proportion of one-seventh. The chasm of conviction epos a capital charge was that of four to one; and. upon a charge not capital, as one to three. This was the same in England, and it was found to be so in America, before the mitigation of their penal code. In the year before that Act, the pro portion of acquittals was ooe-balf, and the following year onlyone in seven. It was a fact, that there were a very great many more capital punishments indicted is England and in France. and it was therefore necessary for them to examine why it was so. The Hon. Member then contended that transportation was not a punish. meet, bat rather a bounty upon crime. For this he had the authority of Lord Liverpool, Lord Sidmonth, Lord Eldon, and Lord Elleoborougb; and he bad also that of the principle convicts themselves. He had in his hand • letter from a person named Clark, to his wife in Kent, dated New South Wales, where he had been sent as a convict. He would read the letter. which was a confi dential and a private one—(A laugh)—with the permis sion of the House, and with the permission of the per son to whom it was written. The letter stated that Pro vidence had taken care of the winter, as he always did —(A laugh.) He had great plenty provided for him, and a pound note is his pocket whenever he wanted it. The winter is that country was hotter than the summer —(A loud laugh—than the summer in England. They never bad ice thicker than a shilling, and the peaches ran wild about the country,—(Land Laughter)—and the grapes hung in clusters epos the rocks. He concluded by saying, that it (being transported) was the best thing be even dose. He (Mr. Buxton) would ask the House if this were a description likely to deter from the com mission of crime, or to excite towards it. There was another case of a convict who wrote home that he was quite happy, that he was servant to SqLire Love, who every body thought a very clever fellow. Now he hap pened to know something of this Squire Love. which he would relate to the House. He was a man who cm bersled large sums of money from his employers in tbe country, and had made clear off with it to a vessel just going to sail from one of our ports. Here he was taken and committed to Neirgate. But the ity of our cri minal code was his protection; all his offences appeared to be capital ones, and his prosecutors were about to set him at liberty, when it was discovered that he might be charged with the minor offence. He was convicted and transported to New South Wales, notwithstanding that be (Mr. Buxton) went to the Home Secretary's Office and recommended that he might be sent on board tbe hulks. The consequence was, that lie carried off the stolen property, and pow lives in the style described by his servant, and was reputed a very clever gentleman. which no doubt he was. The Hon. Itlentber proceeded to enforce this argument, and concluded by supporting the resolution. Mr. COURTENAY said, that whatever was his oppit• Ilion upon the principle of the Hoo. and Learned (bode. man's motion, he could not, he was sorry to say, concur in the general propriety of the proposed resolution, the effect of w►ich would, be thought, be to set the ladsdi• close example of postponing ar a twelvemonth actin open a principle, whicb, at the same moment, they de• ' clued to be jut and expedient. Beside", if the Hon. THE STATESMAN. sad Learned Oentlemaa's modes were adopted. be would he nothing nearer the attainmeot of his ultimate object—it would not practically advance the reformation of the crimioal code a single steQ. The Hon. Heat. con clpsied by saying, that in his opinion it would be mach better that his Hon. sad Learned Friend should consent 1 to have the several measures which the scope of this ino lion embraced, brought hefore the house in detail on the earliest poesihk opportunity, en ,n that he (Sir J. Mack intosh) should persevere in going to a division. He (Mr. Coortesay) hoped this would not be the case; bat if it were, be should certainly vote against the 'notion. Ur. PEEL rose amidst loud cries.( question, and said be coalsl not give a silent vote on the present occasion. considering the situation he filled. He was willing to allow all possible merit to the views and motives of tithes who had takes so active a part in calling for a re. vision of the Criminal Laws; but at the same time be could not go the length of sanctioning all the principles which they advocated. It was the intention of his Dila- Jetty's tioyeromeot to submit, on Friday next. a propo sition to the house which he hoped woold answer every purpose, and lie entreated Hon. Members to wait the re. 8114 sad not pledge themselves to any measure previ °oily. The Right Hon. Haldeman then proceeded to argue at some length against the principle of the nso tion,as it related to prison discipline and the punishment of transportation. He next suggested the expediency of sending out con • icts to the !shunt of Bermuda. subject to a system of punishment spun the principle of the hones. as now existing in this country. He concluded some further olntervations, by stating that. is the event of :he question being again brought forward in the course ollthe next Session, he eriould be prepared to .mnetitairis.faitness and candoltr. Mr. C. WILSON opposed the resolution. Mr. C. WYNN rose aminst a lead cry of "question," and made a few ollservarionsonder repaint expressions of impatience, and a desire for the result. We could only collect. that he opposed the motion. Sic J. at ACKINTOSH, in reply, was ready to concede thatpart of his resolution which related to prison disci- pline. The statement of the Right HonAlentleanan, that be Intended to bring before the house that subject io the course pith. present Session, would supersede the necessity he had been under of introducing the subject. The lion. and Learned lientlensan consented to leave pri na discipline out of his resolution, but defended the re• •aioder, and declared his intention to take the sense of house on it. Thetiallery was then cleared for a division ; the atuthors were— _ _ For the Resolution, 117—Agaiost it, 101—Majority lo favour of the Motion, 16. NAVIGATION ■ILL. On the Order of the Day fur the third reading of the Navigation Bill. Mr. DAVENPORT rose to state his objection to the weasel% The promoters of the Bill bad acted upon er mews views. If their object had been to increase the revenue. that object would be defeated, because it would Iderease smuggling to 3 large extent. The Bill wonld throw oat of employment three or four thousand persons, sad demolish at one blow that which our ancestors bad !Wondered necessary for the safety and prosperity of the wesiatry. The Hon. Member moved the Bill to be read a third time this day six months. Kr. ROBERTSON opposed the Bill. The interest of British ioerchaats and manufacturers would be wtajured if it passed into a law. The Hon. Mem st souse length to the Evidence given before AheVonmaill, os Foreign Trade. That evidence. be cillemand, IS sot warrant the conclusion upon which segessary to support the present Bill. The Re -e.L •11,1, NINEPIN' wis =rm... Imo rWelZZair.....-e present advantages. What then would be die eosseutesce of giving them the means of unrestricted competition ? The Bill was in fact cal. miasma to encourage speculators and to ruin the t egulu 'merchant. It would destroy our coasting trade, which r was the most valuable branch of our trade. He was a friend to the principles of free trade : but he considered it necessary for us to retain our naval enperiority, which was threatened by the present Bill. This system of conciliating all nations, while they were laughing at as for our courtesy. was perfectly absurd. This Bill would. in a few years, confine the whole of the trade of Europe to the shores of France and Holland.—America was enacting prohibitory laws for the protection of its commerce ; while the English 0 cunt was thus practically romancing upod the do:trine of equal foot tog. He was determined to support the amendment. Sir WM. DE CRESPIGNY said, he should vote against the Bill. Mr. LENNARD said, he rose merely to express his regret, that his Majesty's Government bad not openly sod manfully, rather than by a side wind, recognized the jurisprudence of the new States of South America. Mr. LYTTLETON said that it would be more wise for those who opposed the Bill to suffer it to pass through the present stage. Sir U. W. RIDLEY opposed the Bill. If it passed be was satisfied the British Ship Owner would never be able to compete with the foreigner. Mr. WALLACE entered into • abort explanation of some parts of the Bill tbat bad been misunderstood. Sir J. BOUGHEY said he would vote for Mr. CANNING considered our silk trade with Bengal which lately increased so much, of such consequence, that he wished to see the protection continued. Mr. WILSON, though friendly to the principle of the Bil: was yet satisfied that it would be better for the pre- sent not to press it. Mr. ANSON and Mr. EOSRTON SSW U 0 reason wl.at ever for altering the present law. Mr. DICKENSON concurred in the wish of the last speaker. Mr. RICARDO said, it could not be true that it would be a bad thing to take off the duties for protecting ma nufacture, and also true that they were prejudicial to the agricultural interests of the country. He should vote for the Bill. Sir T. LETHBRIDGE spoke in favour of protecting Deties. He thought the doctrines of the Hon. Member for Portarlington (Mr. Ricardo) were most visionary and ahsurd:—(l laugh.) The House then divided, when there appeared— For the third reading. 47—For the Amendment. 33 Majority, 9. The Bill was then read a third time, and pulsed after an amendment in favour of the Silk Trade had been proposed, we understand, by Mr. CANNING, and agreed to. The Report on the Corn Importation Bill was or• dered to be received on Friday. The other Orders of the Day were then disposed of; and at a Quarter•past Two this morning the House ad journed. Three men belonging to a lime-kilo, near Pentille, on the river Tamar, unfortunately lost their lives on Satur day aennight, from the following circumstances :—A fire bad been lit in the kilo, but not burning so briskly as was deemed necessary, one of the men went below, in order to admit ;wee air, and fell instantly dead from the poisonous gas; a second and a third followed, without precaution, and shared the same untimely fate. A 4th being thee let down with a rope attached to his middle, was immediately drawn up again i n a lif e l ess state , an d with great difficulty recovered. COURT OP ALDRRMEN. The boon MATO* bald s COOrtof AlJermea tester day at Oeildhall for the g I dispatch of poteltaima skies', which was folly attended. The Court. of Conservancy for Essex and Heat *were appointed to be held on Thursday, the 20:11 lest., sad for Surrey and Middlesex os Thursday. the 27th list.. tad precepts directed to love accordingly. The usual precepts for the Common Hall, on Mid.; soriener-day nest. for the election of Sheriffs, Chamber. lain. and other 01 , ers, were ordered to be jawed to the livery companies. Goustniesiosers for the Court of Requests. for Joili next, were appointed. The Court ausoimonsly voted their thanks to Wm. Saimt halals Arabic). Req. for the attendee. ability; temper. sad panctitelity with which he performed the very important (Unctions of a Mire at the Sessions Roam la the Old Bailey, in conformity to the wishet of the OWL _ _ The Court agteed with a report on the petition of the ship-oween for a redaction of the waged* thee coal meters men, which they ordered to take plies ea the grit of July neat. The Court directed the Act of Parliament to he pet in elocution for takieg down I minims premises which were presented by Werdmote Inquest se Wei dangerous to passengers passing by. A petition from the inhabitants of Orateekurch street. relative to the standing of eerie there, peg ant great lecourenience they sustained by rPaiott there" was presented sod referred to the Committee. Sundry porous were swore in broken. The LORD M•TOR nominated the following Heath men to be put in nomination for Sheriff:— Wm. Gosling, Esq. Stationer; H. hadbrook. Esq.. Grocer; F. Hodgson, Esq. Brewer; R. H. Sparks. Beet Merchant-Taylor; A. Spottiswode, Esq. Stationer ; ; Gardener, Esq. Stationer ; J. G. Booth, Esq. Cooper i T. Pansfield, Esq. Ineholder ; H. Fellow, Esq. Pattie maker. CONNERChM mrrELLIGIINCE. SCOARII.—As might have been •epected. Sneers are very fiat, and it being very near fresh ituportations. it will require strong buyers to keep tip the present prices. It is calculated that the number of persona discharged at the West India Docks and by the Sugar Brokers, is consequence of the bad st de of the Sow trade, is not less than 1,200. 4n the market yester day morning, British Plantation Sugar was more list then foreign, sad there was scarcely soy demand fur refined goods. horror.—Thin market is very languid, bat the prices are not altered. f ta.—The prices of Tea are likely to return nearly to their old standard in a few days. The increase of price. however, is to inconsiderabie, compared with' the duty, that the difference is not felt by the cousorner. BALTIC Paw:tem—Nothing has !pen done in Hemp or Flax. A few casks of Y. C. Tallow were sold yes terday as low as 345. 6d. 0113.—The Oil market contiwre in a most de. pressed state. The last private sale a nounted to 12 sank which were sold at 15s. under the previous BIAINDICII. Rums, and Win cs.—lfrandies are very dull, the Guest samples bring only as 4J. to 3s. SI. per gallon. Rums are 2d. to 3d. lower, and scarcely any sales. In Wines there is nulling doing. Biog.—There have been no sales lately to regulate the market, which is rather more steady. Hors.—The trade has been heavy fur the last few days, bat the holders remain firm. On Monday last, a person of the name of Simpson, 65 years of age, started at three o'clock in the after noon to walk 96 miles in 24 hours, so the low part of our race course. He continued walking till six o'clock the next tnoroin,.:, when, as he was going down his 64th mile, he suddenly fe!l down and was obliged to be borne from the ground. Various causes ha►e been assigned for this unexpected result, and some ungenerous imputations have been in circulation. but it seems most probable that he nes seized with indisposition from having neglected to protect bitnself with flannel cloathing. He has since _continued ex tremely ill, and is not yet, we are sorry to add, out of danger. After his failure, another person started at twelve, to walk 40 miles in 10 hones, which he ac- compliahed within the time. A wretch, who, daring the afternoon, made an indecent exposure of his person is running a mile without his climate, has since been lodged in the house of correction.--(Neweasile Chro nicle.) Wanwicx, JUNI I.—Os Tuesday night, a stranger (it is said from Aleester,) was enticed by a female into a boaes of ill fame, in London Prentice -street, Bir mingham, and robbed of what money be had about him. On his endeavouring to recover his property, the girl called In several risen who appeared to be her bullies; they immediately knocked him claws, beat him in a most outrageous manner, struck hint on the head and stomach with a poker, jumped upon him, at tempted to strangle hint, and nearly killed him. The stranger made great resistance, but he was overpow ered. The whole neighbourhood was alarmed by this dreadful affray, and the cries of murder. The police officers arrived soon after, and took the girl Into cue body, and are in active pursuit of the men. The unfor tunate stranger now lies in a public-hung, in London 'Prentice -street, without the least hopes of a eLovery. We understand that in eonsequ;ner of the ;ethic- Lion in the price of Malt, Mr. CIII•PMAN, of the Bag nigge Wells Brewery has determined to make bis Ale, Table Ale, and Table Beer of such stierior quality as will enable him to defy all competition. When we con sider the importance to families of possessing a beverage free from the noxious ingredients usually employed in the composition of that necessary- article, we cannot be surprised at the extensive patronage he so deserv edly enjoys. Such patronage we hope will always be given to meritorious individuals who prefer a mall profit and fair name to the risk of destroying the health of their fellow-creatures by a wicked and unfeeling cu pidity. To satisfy the most fastidious as to the genuine. ness of his articles, Mr. CUAPAIAN wakes half-yearly the following affidavit. " Iticn•aD C N, of Hartigan Wells Areweq, Al., Table Ale, and Table Beer Brewer, maketh oath and saida that his Ala, Table Me, and Table Brer, are brewed from Malt and Ho pa only, and that he never Itai, nor ever will permit or suffer any drugs or other injurious liixredreets used in his brewery. " R. f.; "Sworn sidle Mansion-House in the City of Landon. *trek 411, 1822, before se, Matimay, Mayor." N.B. Orders executed for Ready Mosey.—All letters suc be poet-paid, pr not received. ~~~r ~! -AO- °~+