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

• 4 -, ;4 . • ~~ • I. ...Treed that the emusiriptmeemog greetviebos and gr eat mirage( wealth, ulabb maid be made available to the parent of the tam. rrightly lisabanded ; sad he Moped the leaded WINO la dmitlione would staid for ward madoliy, and empgere Wm in his sodnvoen to *Maio that relief tiwiy stood is mach in seed of, sad wen se fully entitled to.—(Hear.) The Marquess of LONDONDERRY felt himself failed epos to make one or two observations spa Mies bad Wes from the Hon. Baronet, in coo tome with which he bad delivered himself. He was glad the day was sot far distant, whes they would learn M • more precise manner what was the Hon. Baronet's AMP el thee:endues of his Majesty's Ministers, in the mom dies they bad adopted fee the agricultural dimeesm They 'should thea learn so doubt what was the beat way—at all events they would have is some men istelfigible shape the substance of all they were daily la the babit of hearing from the Hon. fluent. which he would take the liberty to say, was net always inset ep prsiriate in point of time, and, without offsets to him, given rather is a tone of as indammatory character.— err. s. bear . des, )—But was read to ii i i: us to th c o lales j u a r st es ine atre tr i adopted by Ms Majesty's Ministers in competition witi that projected by the Hon. Baronet. They bad anew plithed a mist to the public of two millions of eased espesditure, and 1,400.0001. by the great redaction of interest. And these bad been dons, leaving to the coas ter the bends of the Sisking Fund.—(A lingb.)—Tbe Honorable lientletnen opposite, .he observed, were in the habit of amusing themselves on all measles, of the discussion of these subjects, and *otitis', he perceived, so soon called forth their jocularity as some sweesre of actual relief to the country. The Hestleson,d the other side could hardly forgive his Meleeties Ilihsbeers fa the relief which they had actually aled the mem try. The Hon. thronat, however, wassotsatleled with what had beep done. He wished, as hr as he was able, to understand' his meaning for protecting dudes for dig freest article. of agricultural produce, which, be thought. wire sot soffleintly (Needed by legislative enessents. He wanted them to bring forward sea son fur the protection of batter sod cheese, and lio vernment was charged with being supine sad indiffer ent, because It had not come forward with such mea sures. If the lion. Baronet would have the kindness to suggest some measure, by which the price of con could be raised from 47a. a quarter to what he would rails rentenerating price, they would thank him for his assistance. He supposed that is his vocabulary. protec tion meant price • but in the opinion of the country. those weeds bail distinct signification. He was glad that they were soon to have an opportunity of coming to close quarters with the Hon. Baronet—a proposition in every wit, suited to the intrepid and mealy character of the Hon. Baronet's general conduct. They would then have something of a decisive nature to deal with, u to the Hoe. Baronet's sentiment.. In the mean time he pro tected against the system of diurnal attacks which the Honourable Baronet had of late so aureasittlegly par sued.—(llear. hear.) Mr. J. BEN ETI (Wilts) said, that in consequence of the Noble Marquess having charged the land-holders of the cosotry with being in an inflammatory state— The Marquess of LONDONDERRY begged to pat the Hon. Member right before be proceeded farther in error. He bed spoken of the inflammatory sodomy u: the lion. Member for Sumersetshire's laosaage in the preseat state of the Landed Interest. Mr. J. BENETT resumed. He could no more ap prove of Members of that House being charged with in flammatory language uttered in that House, is merely rating their sentiments into strong language, than on tEe supposed charges on the land-holders. He thought the landed interest had borne enough. and patieatly enough. both in and out of that House, to entitle them to weak of their grievances le strong language. The Hones must expect this to be the ease. Petitions weak( come In stronger language, and if rejected, as one had been the preceding day. he knew not what would become of it next. Mr. G. BENNET rose to protest against the often pro pounded doctrine of the Noble Marquess opposite, that the time of presenting petitions to that noose was sot the time for discussing the subject of which those peti tions treated. In his opinion it was the best time; for they the, were sure to have the last expression of the feelings of the country through the Members who were sent there to represent those feelings. The Noble Mar quess would, no doubt, rather wait till be had the train bands and battslia around him, when be would consent to bare a field•day, to use his own expression in that Hesse. He (Mr. Bennet) confessed be cared less for the discussions in than fur the discussions out of that Hesse; and therefore it was, knowing that it would pro- mote the latter that he desired to see the discussion on Petitions encouraged. It was by that very practice that his Hon. Friend on the door bad managed to defeat Mi nisters on the Property Tax. With regard to the jocu larity complained of by the Noble Marquess, they laughed at the powers of face possessed by hint and Its colleagues in declaring that the Sinking Fund was not welched, at a time when he had one set of Commission ers beside him for the creation of debt, and another for retieemiog it. They laughed to see them taking that by filching and larceny, which they did not dare take mienly. He maintained that it was the intention of his Majesty's Ministers, in spite of all they said, to break dews toe Sinking Fund altogether. Mr. MONCK deprecated the spirit of any measure that might be is the contemplation of the Hon. Member for Seinersetshire (Sir T. Lethbridge) for the introilim• tion of protecting duties. The plain meaning of pro tecting duties was, to raise the price of bread to the poor. Mr. LEYCESTER said. be Lad beard of a very sensi ble observation of our late Sovereign which bore upon thepreseatquestion. Reviewing a regiment of yeomanry, his fe te isimate# Majesty obesend la&Noble Friend of his, " I like these men--aerfor whet they here in thfr hauls. but far what they-haseehimbeie-poishetri"--The pockets of these same mea, be it remembered, were now tamed inside oat—the y had no longer any thing is them; and be should leave his Majesty's Ministers to draw the inference.—(Meer!)—Those Right Hon. Gen tlemen groaned and moaned over a loss of 10 per cent. on the salaries of placemen and pensioners, but they had no such feeling for the suffering classes of the com munity. Sir F. BCRDETT said, with reference to the censure • of the Noble Marquess on the language of the Hon. Member for Somerestshire, that lion. Baronet had used language which, if the tounuy gentlemen in that house had not been so long backward in using, the landed in terest would not now have so much reason to complain I of the state they were in. He hoped that a lien thej Hoo. Baronet came forward with his motion for the ' re lief of the seffering Agriculturists, Hon. Members would not permit any bashfulness arising from inexperience is addressing that assembly, to restrain that expression of their sentiments which they had so long in direlection, of their duty to their constituents withheld. Ile begged to assure them that they would find themselves backed by the country at large, sad that a reaction would be produced by it, which would be most beaeficial to the country. he thought that moderate course was all that I was wanting to restore the country to that state of pros perity to which, it was his comfort to think, in the midst of prevailing distress, it was still able to do. It was sot pleasant to charge say gentlemen with lsa hifity ; but he meet say, that be ingitt the existing distress was owls% to alio:utter Ignorance of Ministers of the state of the country over which they bad so long podded. He referred. as a prod of this, to the Bill el 1819, for the restoration of the currency, snot companied by a remission of taxes to a able extent, was meet unjust and cruel. And when dstNeltle Mar./ guess stood up, aid called upon the Heise fir patinae for his management of the public money, and the user wires of relief introduced by the Goverameat this Ses sion, he begged to say he for Orbe owed him no grati tude, nor did the House, doe the contort. They had reduced so 'sabres hut what that aids of the Numbed forced them to do. Besides which they would bendy,- ble if they upset one shilling more than they ought to do, and therefore deserved no thanks for tieing their duty. Bat what right bad they to expect gratitude frees the agricultural classes or the country ? Whatever mein sires they bad introduced for them, they bad set relieved die= of the distress under which they 'sheered. If, however, they had restored the prosperity of the raw try—if its isterests were as 'factualist as they were is reality decaying—if the state of the country were the reverse of the fact, he should not feel grateful to hie Me. jesty's Ministers. When they passed that Currency Bill of 1819, they ought to have taken off taxes to the patent of the depreciation Irons which they emerged in eats blishieg that measure. This they would have foresees, bad they been wise and taken time to eossider,and eves then be should think that they only pat themselves in a state to consider wtere they should exercise retrench weak to make up for the difference betwixt a state of peace and a state of war. As to the inflammatory la= lean used by the Hos. Member for Semenershire, the Roble Marquess mast make up his mind to bear mush of that kind of language, if he expected lastoweers to pay taxes without rents.—(Hear, hear.) Mr. Secretary PEEL expressed his surprise at the laa gmage reed by the Hon. Baronet who had just a doi•e, in spea king of the measure of 1819, for disaster, of the currency. He had often beard the Hoa. Baronet pursue the same course of remark upon that =awe r and he bad beard it always with surprise; fop le pro perties as the condemnation of the Hen. Banat was true and deserved, did he pronounce a strong enure on blmaelf.—(Hear, hear, hear.)-11, as he said, the evil tendency of it was obvious to him, he was guilty of a breach of duty in sot window the House of the are= of its course.—(flear.)—lf the principle of the Bill wave obviously iniquitous, it most have been so in ISlS—po licy might vary, but principle could not; and as the Hoe. Baronet did sot or could not speak when be ought to have done so, it was too much, that having as he thought, become wise, be should come to that Rouse at this period, aid maks a holiday speech upon this sub ject like that which they had jest heard, to excite a cla mour most unjustly against the Government of the country.—(Cheers.)-1( the measure was deserving of reprobation, it was sot the Government that was charge able. No measure ever passed with greater unanimity than that measure had.—(Hear, hear, hear.)-1t was not a Government measure, and if it were, still it had bees received better than any measure coming from that side of the House ever bad been. He for himself peculiarly regretted any share that he might lave bad is a measure which could by possibility aggravate the distress of the country. But be was perfectly satisfied with the course he on tint occasion pursued, and be so lemnly declared that with all the experience he had of its operation, were the country in the same• =tastier' of dieter, on the brink of a (earl= precipice, as be yea tended it emu at that period, he should advise the MN change in the currency which had been effected in 1819. —(Hear.)—He regretted be bad permitted himself to K . se far into the question, when a specific motion qa the subject eras about to come before the House; bat it was impossible to tolerate without remonstraece the unfair attempt which had been made to inflame the country against the Government, for having departed from its duty. As to gratitude spoken of by the Hoe. Baronet, who claimed angiratitude ? Was it impaseible for an ladividul a that side of the House to emprese.eppre beta of any nears of his Majosty'a 0.11M8111%1 Withal= being anted by the abject lid gratitude. They did sot ask for gratitude ; but that justice which ens Englishman a slight to receive at the buds of every ether,-(Hear, hoer, hear.)—No Gentleman, he contended, was open to each remarks, for having paid a merited tribute due in justice to his Majesty's Ministers.—(Cheers.) Sir F. BURDETT exprained. Mr. DENMAN did not feel the less inclined to make observations because of the lecture they had received.—. Last year the people were instructed sot to petition, aid new Members were told not to discuss their Petitioss.— He agreed with the Right Hon. Gent. opposite that they owed no gratitude to his Majesty's Ministers for what had been done in the way of - relief; for it was net until after they had been beaten by successive majorities that they bethought themselves of taking off taxes. But so anxious were they of all the credit due to this, that last night his Honourable and Learned Friend (Mr. Brougham) was taunted with appearing in borrowed feathers, and described as skulking away with all the glories of a stoles leaf from the book of the Chancellor of the Exchequer. Mr. BENNET begged to disclaim, for himself, any participatiou in that gratitude which the Noble Mar was opposite seemed to charge upon the House. He never sawn rthing since he load been in the Hones entitling the Ministers to gratitude. fbe Marquess of LONDONDERRY was not aware that be bad eve: imputed such a feeling to the Hon. ' Member.—(A laugh.) After a few words from Mr. James, the Petition was brought up. On the question that it be read, Sir T. LETHBRIDGE rose to declare that be did sot believe any sentence littered by him would bear the con striction of being inflammatory put Roos it by the Noble Marquess, and be was sure that he had so such intention. He begged, however, to state that be should continue diurnally to state his sentiments, eves at the risk of offending the Noble Marquees.—(A laugh.)— The whole clout' , had become reformers. The yew. misery nue twfleuers; and be imselfiru a convert to the doeteimaudiumforear.4ll.las 4, * 'Phu house-werite ed more of the interest itiltirefore justice could be done to the country. He hoped, however, the Noble Marquess would not accuse him of being inflammatory, although he did wear a white hat. The Marquess of LONDONIARRY bad only to charge the lion. Baronet with having unduly executed his owe intentions. With reference to the repeated u• sections, that it was only at the instance of the other side that taxi. had been taken off, he begged to remind the house that they commenced in Hester to state their plans for the remission of taxation, thus taking the ear liest moment that the pressareof public business offered. Scot.. Sir F. BURDEl4gave;ofee,that lie would to morrow move for the production of the Magistrates' Journal, which on a former occasion bad bees refused on the strange ground that it was a private document. Mr.C. WILSON presented a petition from Blackburn,. ia Lancashire, in favonr of • revision of the Criminal Laws.—Ordered to be printed. Mr. DENMAN presented a @hiller petition from the Mayor and Corporation of di. Borough of Camelford, in the comity of Corawall.—Ordered to be printed. IFOSTMASTSS-OSNESAL, SCOTLAND. The CHANCELLOR of the EXCHEQUER wished to know.. HUI* Hon. and Gallas* Member opposite (Sir R. Ferpson), whose motion relative to the Post ineseMieneral of Scotland stood for that eight, would cosmos to postpone his motion until the result of the ozandeation of the Commissioners of Inquiry into that. as well es other @objects, was knows ? Sirß FERGUSON yielded a reedy acquicseeace to any legged's ken the Right Ilesearable Osmium, TM STATESMAN. the sore so *a the present occesiog, is he woe modified that soy Investigation on the subject nowt lend 10 s die seem that the situation was a perfect simmers. i g .„, The notice of motion was thee withdraws. CRIMINAL LAWS. Sir JAMES MACKINTOSH assured the hones that in rising,* cell their attention to this subject. be was ::cir ep e e enoitile bow much be must be indebted to their and indulgence to attend to him. He also felt Ohs iiilleslty et his task in having to address the house apes a fiesolisrof that avowal nature. which although sagpsekaily sat to the whole community, toadied is.:= .... point of individual interest. From Me deep of the plainest, and the public in. tense sitaehod Wit, be hoped it would be viewed in a spirit. free frogs an warmth of pa . rty. The petitions now Illog on the table of the house in favour of a miti- Wks af the severity of oar Criminal Code were from permit of all parties, and all religious persuasions. and espegmed the deliberate opinions of the great sonority of the enlightened part of the country. At this period of thelhasion, it was not his intention to prep.'s say Hill for the adoption sif the hones. At the same finse, however, he should think himself unpardosable, if be did sot advance one step in the present Session. It was, therefore. his intention to offer a resolution to the honse, Annie, a principle which might be likely to afford the basis for a systematic, early, and effectoal legislation nest Session, towards the revision of tbeCrimiaal Laws. Hls regolstioa went to this effect :—" That this house will, early in the next Session of Parliament, take into its most serious consideration, the means of increasing the Amer of the Criminal Laws of the wintry by abating th - eir rigour, sad also of streggtlmaing the Po- Ike." He laid little stress upon the mere words of the resolution. He wished merely to have a declaration of ,Abe loose In recognition of a principle which the house had already adopted in many measures which had passed them. He therefore 'bandaged Ms motion to that verbal eailflBlll ' - to may one who might think it worth his while smelt treat it. Although he laid no great stress on pro- eldest is a ease of this kind, yet be was able to show proudest for it. He could draw one from the history of the gsvatest measure that had ever issued from that Mee, the Slave Trade. A resolution had bees adopted ap the house of that great question, which be might well the dying words of Mr. Foy. That resolution was lbolast e: ion of that imextinguishable seal for the of mankind which warmed the heart, and threw egusd the public life of that great and excellent .)—He need say ao more Is favour of the be brought in support of the course he par saadapee this occasion. He proposed only to re-assert thopeinciple contained in several Acts of the Legisla ture, and still more of that house. What else was the pelmet* of the repeal of the Statute making it felony to le bleaching grounds ? A whole new Code of Ilerswee Lows which bad lately been framed was upon that essispeisciple of strengthening the law by abattoir Its rigger. He would select one case for remark—that eflboadnleet Bankruptcies. The punishment of death holl not been taken from this crime, because it was con. 'blend to be toe of small importance, but because the se- Nifty of the Estaishment prevented the law from being ilertied into raft, and had rendered it for the last PO piers a dead hem It was on that accoust that the i~etjo. of capital punishment bad been taken =sr it weld net be contended that fraudulent Wes were not worse in most cases than nineteen at of twenty Movies that were punishable with death. Is the ease of do lifting, toe, the sem had bee. raised to 151. The ancient defence of the law which capitally stealing to tbelanseset elk. was, that shoe to protect poor shopkeepers from s to which they were exposed. This pro , once coesidered to be so Isepsetaat was, swamp away. A small theft was no ftiVz, the eau being as be had i.li rrearris heit ted. lie.* lit, at which precise son thole, Tr life of sun. In the time of his beloved sad re. rend friend Sir Samuel Romilly. the Bills whigkaw his motion, had been passed through that hew, bad re. cognised the principle, that to give efficacy to the laws. it was aeteuary to diminish the punishments already in dicted. A report to this effect bad been made to the bonne, and this had so far bees approved by the house, that the Committee who made it bad been re-appointed to esquire into the subject, and called farther evidence in support of the principle they laid down. The opinion of Aileen had been not less strongly manifested in the discuisions which bad taken place on the punishment applied to cues of forgery. On such cases of mere le gislation it would be absurd to expect that the same at tendance would be gives as oa those occasions which were calculated not only to Interest the feelings, bat to utile the passions of men ; but the attesdaoce on the suasion alluded to was as full as he remembered to have seen on any similar occasion, and a disposition had unquestionably bun manifested to take the punishment ef death from the crime of forgery. He therefore now galled upon the house to make no new declaration, but I merely to assert with more distinctsess that which had already is effect received their sanction. He intended to notice secondary punishments. Those opposed to him were for consideriog these first, am: then proceeding to capital punishments. He, however, thought the capital punishments entitled to the 6rst consideration, because the threat held out of inffictiog these, be viewed is part the cause of the other defects in oar system. He could not do better than repeat a sentiment which bad bees thrown oat by an Hon. Friend of his on the opposite aids of the house, that in dealing with this subject the burden of making out a case was not thrown on them who wish ed to diminish capital punishments, so much as on those' who wished to retain them. They could only be justi fied by necessity. An attack on the life of man could only be justified by that consideration which ultimately made it resolve itself into a measure ofself-defence.l t was tbereforeffor these who defended the present laws to make out a case that should establish the necessity of them.— taler cirmunstasee uus gh& to have some effect ere k who consider d this to be merely a question of sober common-sense, he alluded to the manner in which the existing laws were executed. The course at present pursued in this country he held to be at variance with the common sense of mankind. He charged against the administrators of law in England, that for the last century and a half it had beer different from that of all other countries, whether in a state of civilisation or of barbarism; whether their laws were mild or severe. All other countries had acted on this principle, that the sentences awarded were to be executed. Some excep tions were made in extraordinary cases, but the rule was to carry the sentences into execution. We on the sontrary did not carry the sentences awarded by our laws into effect. Out of two hundred or more that were capitally convicted, not more than 20 suffered, or one twentieth part of the whole number cast. The prin. cipl• on which we acted, was the very antipode of that which bad been adopted every where else. Yet our system had been the subject of endless panegyric, and its paradoxical character induced some eminent men to as their voices i• its praise. Mr. Windham (whom bad the honour of knowing intimately) from his Mof chivalry, singularity of character, and love ef t establishments, was induced to embark hie Itthimie in its defence. Dr. Paley had dons the mew— -1 ma4tt tit p a a Mut dm egyrics constantly bestowed on the laws of had sot made him e convert to the opinions of by whom they were pronoanced. Though be (Sir J. Mackintosh) was not one of those who constant ly employed themselves in singing the excellence of our laws, yet he trusted that lth admired as much as any may altdd do, the fundamental principles on which they were toooded. No would on this subject refer to the timings held by our inanorlal Poet Hata, is his Arvepeiritice, addressed to the Leeds and Comatose( X*land. He might here remark that it had bees Milton's 'hay to be the first to defend a free press aid an unfettered conscience. He hail said with rapper t o our system, and the praises of which it was then sunset—. " They who freely magnify what has bees ably dose and fear not to declare as freely what might he dose bet . - ter. give you the truest covenant that their his beet praise is not dattery,sod their honest advice is your hest prem." This was said with reference to theonqualified eologia thee prawn nad on our systessalien,hefure the Bth of Ham and Mary had passes', which first granted to permits accused of High Treacle, a ropy of the iodktment es which they were to be tried, and a list of the skirmish, he brought against them, and before the Ist of Qom Ass,, which followed witnesses for the primates.* be sworn, without which it was of little use blingla g into Cart. 'Though ands was the state of th e a s as that period, yet the praises bestowed on it were as many and the cry against innovation as loud as ever it tact bee. Mace. A valuable writer on the law, Hr. Serpa% Hawkins, is his " Pleas of the Crows," had said. " There only who take a superficial view of the in. urinal lAws can charge them with unnecessary vigour." But would the House believe it, when this was said, the laws against witchcraft were in force, and wit g w q in every assize town were as regularly burned as feloas were hanged ? Such praise had continued to be given to our code, though within thirty or forty years kola the time at which be was speaking, a woman for petty oases was to be burned to death, and • was who would not plead was to be pressed to death, rimless tor ture extorted front him some plea. What he would sow propose would go bet to prime and train the laws sot to plough them up and pleat new ones. He wished to act ea • plats that would subtala and uphold the font s • mental principles of Litatab law. liothies haO,t i g gs more derided in modems times than the idea et laying down a certain scale of punishments. Het who were the anthem of that scale of punishments ? illy,ehese who framed Magna Charts six hundred years ago. Th e y had laid down in that thirty times confirmed act a scats of punishment., snot if he called the attention of the House to the words of that law of I iws, lee biped h e should not shock the ears of the House, though he was well aware that of late it had become unpopular. It was there stated that " I iGer home." (The House ware aware that most of the punishments then indicted COO. aimed of Gas.) " Litter hoe • emit-reel pre pima &- limo *enslaves modeles defieti, et pro esegio delieto ay. menden tiseptiivefixess defied, estate vorterteseesto see rillanis Mena cation mod. entered Woe wersegio ae•." Here then it was seen that the protection d► signed to be afforded by Magna Charts, sites/WM the very slaves. The modern admisistration of ear la% he charged with being is direct opposition to Marla Charts. He would ask, was it agreeable to that thirty times confirmed Charter to put a man to death for forg ing a If. note, or fur cutting down a tree in an avenue or park ? Did the Barons in the thirteenth restart think that under Magna Cbarta the punishment of dea t h would be inflicted for such offences by the Judges and lawyers in the nineteenth century? Ile thee adverted to tie law which had been passed against all foreigners in this country, which was soon to come before them. and which some Gentlemen in that House were well die posed to keep oat of sight as much as possible, and pre seeded to remark oa what bad been said by Sir :ilitt6w Hale, on the subject of capital punishments. Thee Learned Judge had said that some were of opieiee dote the drab ought sot to be inflicted for theft, bat in al most all pantries theft, wader aggravated circumstances was so punished, but is this country it rested witkthe Juries, and the least possible discretion was left to the Judges. Haw great was the revolutions which 1313 years bad made in our laws, since DOW but little was leg to the Juries, and melt large discretion given to the Judges. Bat as the dose to which he referred, the ime- • jerky of the felonies sew in existence mere Oa lowan to oar law. It was not then a capital offence tomeol sit the aloe of 40skilliags in • dwelling hembe; Vergers, sheepstesliwg. and cattleotealiog were set Misses lobe pusished with death. He would next minim what was the resat of the deviation from ear mid •at system, which he had shown to have taken placit tes this poiat the proof was so melancholy and so decisive, that he seed net dwell on it. From 1803 to 1801, the average number of capital convictions in a year was 381. The average numbers of the last five years was 1,260, being as increase in the proportion of three and • half toes. io the short space of ten years. Making • deduction of the half for the increase of oar population, it would then appear that the ge number of convictions bad been trebled within the period he had mentioned. This fact afforded a prima facie presumption against the sys tem under which crime had increased to an extent, and with a rapidity which he believed to be unexampled in the history of mankind, and lie thought the conclusion which be mast come to was, that our national character bad degenerated (which he did not believe any foreigner nould say he believed to be the case), or that oar penal code was not what it ought to be.—(clear, bear, hear.) —He noticed the petitions which bad been seat from the jurors of the county of Middlesex, and from various parts of the kingdom in favour of a revision of our criminal code, and proceeded to show that severe pa. nishmeots were but ill calculated to prevent those of. fences against which they were directed. Where pa nisbasests considered infamous had been indicted, they had not safrequently been turned into triumphs. These who is some instances had been doomed to dreadfal pm. nishments for acting according to their consciences sod their faith, had found victory and triumph where ty ranny had intended to consign them to agony sod shame. From this it resulted that the efficacy of all Penal Codes depended on the moral feeling which they excited, and this he considered one of the most beautiful ordinations of nature. S punishments excited ab horrence, gained for the criminal sympathy and sp. plasm, sod eaused"thotairs alllVthe "judges to be lends/ with execration. Death under such cift utnste aces was but death. Then engaged in a predatory war a geing the community calculated on the loss of a buisberel lives in every campaign, and froio custom the parties feared death so more than the soldier who honourably fought the battles of his country; and all that awful spa Inanity was taken away, n bids would attach to capital punishments, if sparingly and properly inflicted. If it were said that he held the language of a theorist, he should beg to vindicate himself by releriing to whet had fallen from a practical man on that subject. In 1796, a person whose name was still distimoished in the per fession of the law, Mr. Sergeant Adair, who had then been for 20 years Recorder of London, had said, " The compirtion of onr law is too sanguinary. It is painful to reflect that the punishment of death is not ramrod fur the crimes of murder and treason." Was he (Sir J. Mackintosh) then to he considered as a '.i.ionary when be pressed on the House that which fell far short of the principle thus contended for by a Learned Person who had been for 20 years Recorder of London. Two car cumstasces at the present time were common in almost orrery country is the civilised world. One of these was • disposition to reform their criminal code—the other to introduce a system of political equality among all lith 'ions sects. Russia bad long since adopted these pttn ciples. Austria, the greatest enemy to all bumaa ass provementa. was dupes( to do the same; and a similar line of policy seam about to be pursued in all countries. from the inexperitaced legislation of Spain and Portu gal to the metered wisdom and sober policy of the United States of America. The same principles eseelpil to animate all public bodies in the civilised coot . with the ezeeptioa of one branch of the Drina legko•