The Statesman. — London, England, 1810-05-02 00:00:00

ptored to hi:n that it would not only be as efficaci. I been principally in the' criminal churti,. where he 0 ,,5, but probably more so. It was evident that bad full opportunity of being acquainted with those e i t h e r the law or the practice must be wrong, and ; ' pious perjuries,' those amiable weaknesses, which whichever was wrong ought t o b e reme di e d. Ne e w . f.were_cited by his Learned Friend in proof of the, the practice of not indicting the punishment tip t sniped's:teen and insufficiency of many provisions oe uneed by law, came every day before the obserea. iin our criminal code. He was persuaded great 1 tier of the public, and under the inspection of rer.:l benefit would accruil from the Adoption of the Bill, lisment, and yet nu twit hail beeteroundeidth. it. I and it should therefdre have his cuncurrence.— There was no dispisition t o Censure the.Jtidges, The most effectual pit:relieve of crime, in his Cool. o r his Majesty's advisers, for not pullet* law semi, wool be to Make the law as mild as posit. in ezecidien. It. therefore deleppeeee to hj.n to blu; but atjthe same time not to render it a dead he most clear, that in the public opiitiestehe laws letter. ' s., ' - a ppeared too severe in their punishments. It was Mr. FRANK LAND said, that entertaining as wrong, in any country, that the laws should be he did the (iighsst respect fur- the talents and mu. a direct opposition to public °lignites I hut it fives of his Honourable and Learned Friend, he wo uld he particularly improper in this country, could not agree with him in his views of the sub. .chore offences are tried by a Jiffy, and Where ject before the House. lie wished that his laws contrary to the general opinion were nut like- Learned Friend, previous to the introduction of i e to be well executed. There, in facts appeared his series of Bills, had consulted those who were to be an •universal confederacy in this country best competent to give him information. How. against the criminal law as i t now Blee d s . In the ever sanguinary our criminal code might be in ap iirst place, the Juries, notwithstanding the pail- pearance, there was not upon its practical applica. city of execution', still were unwilling to trust lion so mild -a system under the sun. In fact many the lives of the prisoners to the discretion •of the of our laws were only preserved in terrorern.- , - Judge, but took hold of every possible circumstance They were like a blunderbuss and rattle in , the to acquit them of the capital part of the charge. window of an honest citizen retired into the `eat came the Judges ; and lastly his Majesty's country—kept there to frighten away the Advisers, who were all anxious to spare the lives of thieves, and from which a .shot might not have these who had been capitally convicted. It there. been discharged its twenty years. lie col fore appeared ti be g en erally agreed by all men, fielded against the repeal of the law against t h a t the punishment of death was much too suiere stealing in a shop, the existence of which wa s for the generality of offences against whii;tl it was absolutely necessary to protect the justifiable et. denounced. If intimidation would absolutely pre. tikes employed in the exposition of geode. In vent crime, the punishment of death might be held a commercial country like this,' such laws were out for the most trilling offences ; but it was well necessary, for property could not be safe without known that the terror even of death would not I them. He was adverse to weakening the. penal altogether prevent the c einelosieu of crimes. Ju. code, the effect of which would he more mischie- T ics were now iii a manner forced by the severity of . rous than the house was aware of. Ile was per the law to take upon themselves a discretion which suaded it would be better to leave the application the law never intended to give them.. Even the of the criminal laws to the conscience of the Ju. sanctity of their oath was sometimes obliged to ries, the discretion of the Judge, and the Royal yield to the feelings of nature, and they were guilty mercy, whenever it should be necessary. In a of what had been sometimes called a i,ious per- country where political and personal freedom was jury, to acquit a prisoner. The fault was in the so much cujoyedles among ui, our criminal sta. Jew as it now stood; fur every law must be faulty totes must of course be numerous and severe. which acts so decidedly against the feelings of the These multiplied punishments were part of the whole country. He did not mean to say that the price we paid' for our liberty ; they were cows.' law should in every case be carried into strict car. terbalances that must unavoidably take place. elution, nor would he wish that his Majesty should —By altering our criminal system, or dis. be deprived of the power of granting pardons. He turbiug it in any material degree, we should de. thought, however, that pardons should be only stroy those high and lofty sentiments which were exceptions to the general rule, and that it was by the best safeguards of out Constitution. Ile vie means right that the general administration of thought the Code might be safely allowed to n th@ criminal law of the country should be found. main as it was. •It was less formidable in effect ed on the King's pardon, whether his Ma. than appearance. It prevented crimes without jesty was advised by his Judges or his other recurring to punishment. No other system he advisers. He never could conceive how he could west persuaded would auswcr the great end' of le. agree to passing any law unless it were his inten- gislation so well, lie must therefore oppose this tion that it should be generally executed. It had Bill, conceiving it to be the first step towards an been urged, that in the plan proposed by his Hon. important, and iu his opinion dangerous iunova and Learned Friend (Sir S. Romilly) there was a tion in rho Criminal Code. considerable degree of discretion given. It was Mr. WILBERFORCE felt some surprise at the true that there necessarily was a considerable de- fears which seemed to he entertained for the well gree of discretion, but ,then it was a discretion of being of oar liberty and laws. The repeal of a a very different, nature. It was not a discretion single statute could not affect the whole body of going to life or death, but merely of proportion. English Jurisprudence, and it was not to be con. jog the gradations of a certain Bert of punishment tended fur, seriously, that there was any possible to the gradations of crimes. In capital punish. connection between liberty and penal laws. If meats there was no possible gradation ; and lie the severity of the code was to be argued into a thought it too much generally to leave the proof of the liberty of. the subject ; if general 1 life or death of persons convicted to the mere freedom was to be supposed in any degree growing ' discretion of the Judge. it was this which in. with the growth, or strengthening with the laced Juries so often to acquit prisoners wken there strength of penal sanctions, why should not the could be hardly shy doubt of their guilt. If, how- reign of Henry the Eighth be allowed to be the ever, a milder system should be introduced, there purest of English liberty ? Li that reign the ore would be no longer so much repugnancreto pro. endues averaged at 2000 a fear. Every crime for socuting offenders, or so much disinclination to. which death was eppointed, was rigidly punished convict them. He therefore approved of the prin. with death.. In Queen Elizabeth's reign, when a cipie of the Bill of his Honourable and Learned better feeling began to spread among the nation, at Friend, and thought. that an eexperiment of that that distinguished time when the Reformation sort might very safely be trial). He thought that introduced a purer religion, a more liberal free. it was better calculated thdn the present system dam, alas more humane law, the executions de. , fur preventing crimes, by Tendering the punish. tritasedfrom 2000 to 400 in the year. From.that spent more certain. He therefore should support. liaur to the present there was a perpetual advance the Bill. . . 61 mercy upon statute, and the rigorous justice of The ATTORNEY-GENERAL opposed the the forefathers was temp:red by the puller mu. Bill. On the best consideration lie could give the 'rals of the children. It had been admittiel that of subject, he continued in the.opitsion that it would 1872 persons found guilty of offences for which he best to continue the presetit criminal code. death was the punishment, but one had been exe. Whatever might be its defects, lie was persuaded cuted. But was this to be the ordinary CQUIIO of that it was at the same tinie as mild and efficient as law ? Was law to be this nugatory . mid pointless :my that could be devised. It was the great ad. thing ? Was it to be so adverse to the natural jut. vantage of this code that it operated rather by pre- Lice of human feelings as to be virtually abrogated xeteetei than punishment ; its effects were felt, or and put to shame ? Was the rule to become the .at least apprehended, beture they were seen. lic exception, and the exception. the rule? The great could not upon any theoretical speculations - con. source of crimes was the erroneous prison system, snt to alter the law as it now stood. In the course and nothitre of serious and solid value in punish. of his practice, he had often sat as a criminal meet could he effected without a change in that judge; and he never knew an instance its which system. In answer to the Honourable Gentle. tee law was strained beyond its proper bounds: man's (Mr. Frankland) allusion to.tho blunder. On all occasions he bad known the Judge yid buss, he would only say, that-if it were fired off the Jury perform titer duty. Ile was fearful E 1871 times, and missed every shot, it would that the Bill of his Honourable and Learned not be of use even to be held forth in terrorem. Friend was but a preliminary to a greater There could be nothing more certain than that alteration in the criminal code, and he therefore severity of punishment was not effectual for the f'qt himself under the necessity of opposing it. prevention of crime; that it often defeated its pur. lie could nut by any means agree to let loose a ge- pose, and that it always shocked and pained those neral discretion out so important a subject.— feelings which it was . of the must signal importance lie regretted that his llorr. and Learned Friend to keep alive, and vigorous, and sensible in the had not condescended to take the opinion of those community. No continua praise was due to the (the Judges) who, from the high offices they able amteloquent advocate of the Bill, and it was silted, must be presumed to be best informed with a distinction proud and honourable to have la. ospcct to the particular parts of our jurfrpruileute. I boured as lie (Sir S. Romilly) had dune, autl to Much as he respected the talents and industry of i succeed, as he must eventually do, in the greet his lien. and Learned Friend, he could u• ,t give his 1 cause of humanity. assent to tha overturning toe whole system of our The SOLICITOR GENERAL combated the criminal law, at his ricernmentlatiuti. However arguments in favour of the Bill. multiplied the offences under that system might Mr. CANNING contended for it as suitable to h., it still was attended with advantages su- the increased knowledge of the age. puler to that of any in the world. The The CHANCIiLLOR of the EXCHEQUER possibility of inflicting punishment "not entre- was disposed to give his eats where he saw those piney tended to the prevention of crimes.— of practical and experienced men given. flailed The law, as it now stood, produced those effects not heard any testimony of that tied on the oppo ereich his Iron. and Learned Friend proposed in site side. No Judge, no Magistrate, no man con. his Bill. The system might,. perhaps, possess g nected with the administration of justice had come' more symmetry, and appeasentore beautiful to the' forward to say that the change was necessary. lie view, bet lie must excuse him if he made his elec. •suggested the idea of raising the sum, the theft of 11011 to abide by the more;sotignated and whule- .whichehouid be punished by death. Hecouldvery some code. : a well imegine welly cases of theft it a dwelling. Mr. MORRIS would net.prciume to set up 'house, its which confidence might be so violated, as' big experience in criminal jiiViseetodence against to deserts; the utmost punishment. Thepresent plat that of the Honourable and Learned Gent. who ewent to , prevent such punishment, even fit votress* spoke last ; but limited as it might '1)44 it was stir& cases, and made this experiment upon mere lasa. cient tn cunvince him of the necessii4e a the alter. ghsary apecutation. He hoped if such • plan was mina proposed. Until lately hitin:actice bad adopted, the framers of it would Set be Obliged . . . . . . • . • 6 r • .i HE STATE - MAN. . . ...' N , again, Fries the increase of crime, to reedt to the house for a revision df their ill judged And impo litic lenity. Sir SAMUEL ROM ILLY said, In the very brief reply which he should feel it his duty to make; he wadi routine himself merely to the Bill which he had proposed. Re was much sorprized at the eittraragint notions which had been at tributed to him : one Gentleman thought he wanted to intro duce a French police ; another that he was about to originate a French Revolution, and actunlly appealed to Ms humanity as to the millieus he might sacrifice. Now really his only oh ject was one very foreign to either of those, namely, the prevention era crime which hatofiale years much increased, from an ill-judged system. The very case which the Chan cellor of the F:chequer had quoted as aggravated, and as likely to be rescued from punishtnept by this )Bill, was one of all others which this Bill went particularly to prevent, that of stealing in ad welling-house. As the law now stood, the punish !dent was capital; and the very idea of that would he sufficient to deter prosecution, for no master could end it in his heart to cause the death of the person with whose face he had been familiar io private life, awl whom be had employed in every domestic office—the consequence was, no prneecution at all took place, and the offender escaped. Now his Bill went, by proposing a more lenient punishment, to produce a more cer tain prosecution, and Thereby more effectually to prevent the repetition of the offence. Ile denied that lie bad ever re fused all discretion In the Judges, but confessed that he wish ed to limit that discretion as much as possible, by endeavour ing to reduce the law to as much certainty as he could. An Hon. Gent. very fond of quoting Ur. Paley against him, had ridiculed the idea of the certainty of punishment being much more efficacious than its severity: it was unfortunate however fur him that his great favourite, his light of the sun, Paley. was in direct contradiction to him in the present instance.— ]le was not very anxious now to trespass at any length upon the lime, as his opinions were already so much at length before the public. He could not help, however. alluding to the bold u•sertion which had been made, that all the Judges Were directly against his Bill. The fact was, he had made communications to theta all, and had not received an uufavourable answer from one of them; their constant practice was indeed directly in his favour. There was no. office of the Judge more solemn, nor any judgment of the' law snore awful, than passing the sentence of death; and yet its frequency, and the f`ew cases in which it was fulfilled, now rendered it almost alisol tarty null—the wretched criminal hints self remained im pitied. from the uncertainty of his fate, and was often hurried to eternity unprepared. from the false and cruet hope with which that uncertainty bad inspired his. The Mouse then divided— Ayes 31—Noes 33 On our re-admission. we found the House in a short discus sion as to the course of proceeding with respect to the Nati-, gable Canal Stealing • Sir S. RONtILLY, Mr. BIIQUGUAM, Mr. PERCE- V A 1., and Mr. WILBER FOR.CE spoke. and strangers were ordered to withdraw on the question of engrossing the Bill. Strangers were not again re-admitted. Adjourned at One o'Clock. PRICI OF STOCK S 'I4IIS DAY AT ONE O'CLOCK. 3 per Cent. COTI3. 70ii Long. Ann. 9 per Cent. Reduced, OM Win Bowie 4 per Cent. F4l Ruth. Bills. 5 per Cent, Diary 103 Lottery Tickets Comets for A cc. k' THE STATESMAN. • .• - 11. I Mr. LAMES did nut ask the English Court, to dic l tate to his SIVE,AIt MAJESTY any cootie conduct respecting his internal Coternment. lie asked only • what was most reasonable--nameiy, that we ghouls' endeavour to influence the Court of Talerino, to make the Island of Sicily strong, by and throttgh 'Ante ArricTtOsts of the Nutty. The demand of Mr. liAnac was a just one— b , tt he made it to nicn Who will never voluntarily listen to that wise policy. Mr. Ptuerrit. is very an gry that any one should Maintain, thit this coun try is not worth fighting fur ; but he, and his co. adjutors do, by their conduct, effect all they can?, towards making the proposition a reasonable one. Yesterday teemed with events to disgust every honourable Mill in the nation.—Mr. Youtut is made a confidential adviser of the Kis., and placed at the Head of the Admiralty and the House of Commons refuse to soften . . . the acknowledged cruelty of our" Here is matter fur a volume, if there were room for it ! Sir SAMUEL itOMILLY'S humane propusi. lion for amending our criminal laws is lost, in the face of the fine reasoning both of that eminent lawyer, and another very eminent lawyer, Sir WILLIAM GRANT.—The House of Commons its - very much afraid of being libelled. Wo sincerely wish, the usual majorities would not libel the House by making their own unwise policy the act of that House. We sincerely wish those majorities would lay aside passion and prejodiee, in some questions at least ; and if they - could have made that sacrifice, it would have been well to do so in Sir SAMUEL ROMILLY'S Bill. It is scarcely worth while to follow Mr. Wino. 'Kan through all his wanderings ; and we nodd not comment much on his conduct, for it would have ,beia surprising to find him on the side . of bum. nity. There is another topic, however, connected "with this question, on which we would say a .word or two; The thinness of the House, on a question like that, is a circumstance which ought to bring up a blush on every blenther's face that was ab. sent. IS it a libel to say, there were only slaty. four Members of the House, that could be found • to attend to that question ? But if it be not a Lt. BEL ) it is at least a TRUTH ) which ought not to be RECORDED IN TILE PAGES OF OUR HISTORY , On Monday etching a numerous Meeting of the Freemen of the City of Canterbury took place s at the City , Arms, when a Requisition to the Mayor for a Common-Hall, " To take the setae of the Freemen oti the e g itriordloary as. " oonption of power by a corrupt majority of the House of " Commons, nod the various abuses existing in every branch " of Government and to adopt:itch intimates as may be deemed " most condaeiye to a radical Reform la the Representation " of the People." was proposed, and unanimously carried." The Requisition was immediately signed by upwards of WO of the must respectable citizens. We hope this spirit will run through the roe*. try. • Yesterday a bag of letters arrived from Haig*. land, by which we have cornmunieetions frogs thence and from Embden, to the 29th ult. The • .trade had not opened at either of these:plum s 'and it was supposed that it would bu obstruct.. -ed for. s considerable time. One of the let. ters is written .by a Gentleman, who was pro. .cceding to the Baltic, as business'was not only at 6 stand, bet absolutely immovable. 'ln consequence of the establishment of a line of Custom Houses, ,in the nature of military stations, through a vast extent of territory in 'Westphalia and Holland, s singular situation of affairs is produced, so that the same article at the distance of a few hundred yards, within and without the chain of posts, vs. . ries in price upwards of b 0 per cent. The British troops employed in the defence of Cadiz are divided into two corps ; pose is stationed in the Isle of St. Leon, under General Stewstrr ; the other, in the city of Cadiz, under General GRARAM. The - great firing on the French coast, lately heard at Dover, was, we understand, in Maoist. of the 6000 marriages which took place in emote.. • quence of Bonaparte's decree fur that puepuie, in honour of his own nuptials. MFS. BILLINSTON certainly retires from pubriC I life at tho etid of the present musicaLsealion. ' On Sunday afternoon five of the Life Guards. men, who were walking together at Primrosejlill,' were assailed by a number d people collected there, in so serious a manner ae to endanger thole LONDON: $ lives. They backed up against a ditch, and de. 'fended themselves with their ewordv until gfi of WEDNESDAY, MAT 2, 1810. their comrades arrived to their assistance, antkres. cued them. LAST night, in the House' of CoMmons, the ahe Bachelors of :Windsor are making great sum of four hundred thousand pounds was voted, preparations fur the celebration of her Ma4airtre out of the public purse, to be given to the King Birth-day, on the 19th instent. of SICILY The Honourable Mr.. LAMM very Yesterday the Lady of WILLIAM Mower s Esq. of Doctors' Commons, wee safely &DEMI properly opposed this vote ; and we - are sorry to, at , a daughter. find that his sound reasoning could not prevail with the House. He argued very justly—that SXTAMPOBE ono DISTINGIIISIIEDCHARIC22I, although the People of the Kingdom of Sicily af mr k! the "paae6 patriot in Freedom's c ame . The Ina rite, of his Cusirary's Laws; would prefer getting rid of their galling grievances. With usenet be braved she storm atm, under the awspicei of Great Britain, yet it was to And to Gar Irnisdaas sacrificed his coml. be feared they would resort to the citane Gray's UN lot May, 1810. e of French c-- assistance rather than be doomed to bear the into- t o ge-EsteMANOR, May t —The Market has amides. lerabie yokeof their present Government; and that we ahle 4r t link , sap i iges on. of ß F a o ri rel e gp ro Wheat ;0 r secondl:l4..,,gesinirs heavy elle, eall rather ar lower. t heals& By; f el " whi m therefore, to . niake the assistance of that money Peas, and those dearer. Beans of the two kinds folly salmi are giving his SICILIAN MAJESTY avaHable, we wcandpr kw a , and liti o e rd m ini ppl rl ies rat o be f r Oo thea ts r at . some mos w r esj iat eomisi terkegk ermble. , ought to use our influence with him to better the CH It REV FRIA:S.:. condition of his subjects. Mr. PERCEVAL depre. , VOW, -- - Us- lati• Tick Beans' (.1 w Fide ditto - • Aids. Ws. ads,. , Vs. cated the polity of this country dictating to u, N 24. Pola t idi . 4 sg„. A NL . 474. P ditto • •7 , 6 .96 I I& foreign nations upon its ► plans of internal Govern.! 40 ~ c_ca meat, Would to God, that the Government , 01 Peth( Bl4los ) fit". _ Fi n e rifult 1••• -.• 4kw." • L i re‘ pen,. . - 425. pos. maws oar Easial.thad always acted upon that swam j Bit onus'. (uts) • Ott. pit}, • .' • • • ' `. . S . _. o^ . A ..a~'~F~ . •iYf SE a . • TO THE PUBLIC. 7'llE STATESMAN EVENING PAPER has now been established upwards of four years, during which period it has acquired a degree of repu tation fur INDEPENDENCE, unknozen to any other May Journal, *never having swerved from its original principles, notwithstanding a bold attempt was made by the present Mi nisters to purchase one Moiety, and thereby conuur r. the PRINCIPLES of the Paper, by promoting their own selfish views.—The reply to this application was such as might natu. rally be expected from a Journal attached to the GENUINE PRI NCIPLES of tAe CONSTITUTION, and to tke RIGHTS of the PEOPLE, and from . which Tun STATESMAN never Will depart. Had any further proof been wanting to establish the true character and principles of Tulh STATESMAN, the late arrest and committal • Sir Fed 140 Oman. to the Tower would . hate • aftlfrded o very favourable opportunit Tim STATESMAN having stood rozezmosr deny the legality of the measure, and to ap.' prove the conduct of Sir FRANCIS BURDETT. The PROPRIETOR of THE STATESMAN at'uils him. self of the prcrent opportunity to inform his Friends and the Public, that he has no con nection with any other Evening Paper what ever ; and any Person attempting to practise such an imposition upon the Public, as to state that he has any such connection, is an impu dent Impostor. . TO CORA ES PON DENTS. • Wit regret that we are compelled to withdraw the excellent Letter, signed " VOX POPULI," after it had been set up, on account of the length of the Parliamentary Debate. It shall appear to-morrow. • Arrived. Mails. flue. , 2 2 Waterford......... ... -. . ... 1 O . fiottenbargit .. 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