The Express.
London, England, 1864-05-04 00:00:00

THE • EXPliffilfl% IyEDNTSDAY • SYMNII/0. MAY 4, 1884.

Sr 0..

-fats thin- .S east POW

seems*with aptal patihmeet to which ilti law
flamed is this country from the Molted States of Ame-
rica and other runtatries in filch it was still practised, and
is which the law slight is his opinion be usefully reviewed.
Prefsmodly we new only inflicted it for minder, bat the
definition of molder was far too wide, end left no die-
aretiso to the judge. Previous to 1861 the judge imerehred
• discretion by merely reseeding sentence of death, whoa he
was of opinion that remind= of the capital lienisluasot was
celled for ; bat in 1861 • eimege was made fa the law, and
the judge was obliged to nem sentence in open mart in every
cues of murder, although there might be the widest die-
wormy in the abimmeinems ander which the who. had
beam otimaitted in the different ewe. This was certainly
Merest from the law in am of manslasightm, where the
judge bad the widen discretion. He thought, therefore,
that inquiry would be lisnelietil, to asostiele whether the
change of theism of 1861 had been pradent. There was • m-
ount case is which a woman was oonvicted of infeaticidm The
jade wee obliged to pea sentence of death in epee
although he salummently reesmaiendsd esaimatat=
punishnseat ; had be been seseowered he would in the lot
manors have simply aedeeed sentence of death to be re-
oorded. As the law dead at preseat the judge mode his re-
commendation to the Secretary of Stets, sad the latter,
although acting simply it •ministerial caty be
out that recommendatios, ohm exposed Mete
tow=
obliqay end animadversion. This was • portion of the law,
therefore, which he would gladly see inquired into. Then;
woe sootier branch of the etthjset which also demanded in-
quiry, namely, the stele of the law is &Wend, where
many crimes were still set down for capital punishment,
although practically it was as much reunited as in
England or irguel. Aam nia*. or commission might be
the means of meowing this snootily from the Scotch law.
On the whole, he wee radioed to givs the preference to the
melds of his hon. sad learned frisad the member for
Oxford for • oommienion. A committee would he very
inoooveuient to obtain, now when 24 were already sitting,
while, on the other Weldon optimistic meld work without
interruption, and if couipmed of gentlemen well media the
criminal law, its normuneedatioile would have peat weight
with the house. If his learned friend the number for

Dsafsiea wculdsiecTipte; ocienQasiOn,;;ll if the noble lad
the member for Chichester would withdraw his ameadment,
he (Sir George Grey) would adopt the motion of his bon. god
Lamed (Mood the member for Oxford. (Hear, bear.)
Mr. BRIGHT mid that at that very moment, when
there had ben struck off within the list fifty years the
capital penalty from one Misdeed cdfseces at least, Ragland
remained still the meet mercilems of all Christian countries
in this matter. (Hear, hear.) If anytime wished to had
that out they had °sly to refer to the last mass which had
given the Hoene Secretary as much trouble—the cases
of Townley. Wright, and Ball, at Warwick ; and he under-
took to say that there was sot a country in Ramps, oor a
Mete amoog the free states of America, in which either of
them criminals would have been Famished with death.
(Hear, hear.) Yet the law remained unaltered, and the
right hon. gentleman, to his utter astonishment, had, every
time this question had been discussed, given them very
much the mains speed' and the same anraments that he
now used for coatiauing a law which drove himself to die.
traction every time he had to pot it in force. He was sur-
prised that the right hon. gentlemen, whilst he had faced
the terrible 'aerie' which had been brought upon him
incidentally by this law, had sever had the Wags to come
to the these lied ask them fairly to mender in the light of the
mileage, which all other goverment' end the laws of all
other ono:Mina afforded, whether the time had not come
when this fearful punishment might be abolished. (Hear,
bear.) The monotheist was of course terrible to the orien-
tal standing upon the very verge of the grave, but months
before, when the crime the committed, when the passion
was upon the critathil, the punishment was of no avail
whatever. (Hear, bear.) He did sot think it possible to
say too much against the argument that this punishment
was efficient to deterring from crime. (Hear, hear.) The
hat. member for Dumfries had referred to Raisin Rays
was • country in which capital punishment had been se-
known almost for • hundred years. Reference bad been made
to the are of Zuseany, where for • lifetime q
mipunish.
mind had never both initiated. The case et um wee
also very remarkable, and the Home tary
bed not been very suceessful is getting rid of the
figures upon that point. The law in Belgium did set
actually prohibit capital punishment, but the seed of
omitting it had been so satisfactory that the law had be-
come obsolete, and punishmeat of death was never in-
flicted. There was no country in the world, whether it
were • great empire or a small state, in which the
law had been made milder and capital plough.
meat abolished, in which there had Leen a per.
Melo of proof that murder' Were more frequent
or the security of life ifildttgered in the slightest degree.
(Cheers.) It thet Were so, If the abolition of capital thank-
meet would not came more murders than the avenge of the
last 10 years, and if all that would be lost would be that
the 10 or 12 wretches who were regularly strengled every
year would be living in some prism, and mimed in some
labour, with the chance of repentame—(thar. Marl—visa
there • man in that house who would defend the contism
toes of this terrible pthiskunent ? (Hear, hear.) There need
to be in the house • vegetable old gentleman who repre-
sented the University of Oxford, who ethnically quoted •
certain chapter and veers of the book of Genesis upon this
subject. He was delighted to find that is the eight years
since the question was last discussed they had advanced so
far that nobody had brought forward that argument', but
that the matter was now to be argued epos facie sad reason.
Was there a man with a particle of sense or power of minion-
ing who believed that human hie in this country was made
more secure because 10 or 12 men were publicly put to death
every year. (Hear.) Human life and its security did not
depend upon any each miserable, berbarcue continuance,
but epee the reverence for human life. (Hear.) Did not every-
oth feel that it was io opposition to the feeling of the most
moral and teligious portion of the population of this country
—those mein who bad led the advance during the past century
in every contest with ignore/era, crime, and cruelty in any
shape whatever—that capital punishment continued? Every
day these people were becoming more and more estranged
from the spirit and operation of this law, lied whenever
there were paragraphs floating about that on such • day
such • wan was to to executed, there was in every pariah,
and almiut hi every home in this country where there was
any claim to humanity or Christianity, a feeling of doubt as
to whether this law were right, and • feeling of disgust and
horror amongst hundreds of thousands of the bast portion
of the people. ( Hear.) Merciful laws were the best test of ray
government—they were the highest blessing to a people; and
he believed they gave security to a government, and softened
and humanised • people. (Cheers.) There was not the
slightest reason to believe that a judge was more competent
to give an minion on this goodies than any other
iitelti-
gent, hop:ring, and observant lath. (Hear, hear.) Nor
was the right hon. gentleman bitoseU more capable of Weise
an opinion than any other member of that house who had
paid a lot; and careful attention to the subject. He there-
fore hoped that if the right hon. gentleman did appoint a
commission, he would put upon it men, sot of the opinion,
but in whom the home sad the country should have me-
fideoce—men who would take evidsoce from every source
that might be offered to than, and who would give • fair
opinion to the house and to the government in regard to
that evidence when they bed obtained it. If that were done
be was Gait* certain it wield greatly improve the law,
although it might aot cam it on to the past
which his hon. friend the member for Dumfries
had so 100 g Inbound for. But he should be
very thankful if even that were done. He hoped
however, they would 6d—ema those timid gentlemen op.
posits, who always fancied the ice was goMg to break—
that the tea or twelve perms now annually banged
might be brought down to three or four, and at last they
might come to the unanimous opinion that the security of
human life did not depend upon the public strangling
of some three or four poor wretches every year. (Hear,
hear.) That parliament was about to expire—it might
last soother session ; and he should be glad if it could be
in future times. said that it was • parliament which had the
honour of eodeavooring to act upon true lemma. and not
upon what he would call the superstitions of the Fast
(hear, bear)—end that it should he declared to be • par-
liament which destroyed the scaffold and the gallows, in
order to teach the people that human life was sacred, aid
that upon that principlo alone meld human life be secured.
(Cheers.)
Mr. NEWDEGATE deprecated the eolith that the
laws of this country with respect to punish-
ment were barbarous, for he believed that be
who deliberately took human life owed his own life to the
community be had robbed ; and he thought that that
opinion could be supported not only upon the ground of
abstract justice. but upon the true foundation of all justice,
the earn:end will of Almighty God. (Hem, bear.) If the
right hoe. gentlemen had not thought proper te yield Witte
grievous sad unjust pressure which had been brought to
bear upset him be should have been happy to afford
him all the support is his power ; and he
should bays cared nothing for the clamours of those
who yielded rather to their sense of pity than to the out.
rigid feelings which heinous crime must cell up within
them. Won he had been solicited as a member cg that
house to make iollueoce at the Homoofthe to procure the
pardon of • murderer, he bad invariably refused. He bad
al were said, "If there are any sew fade, I will state
then to the best of my ability : but as to using infinite:a
I trust there is no one of my coon/Meets that would ever
approach me on such an errand." (amen.)
Mr. GILPIN said that he repudiated the idea that
those who wished to amend the law bad nay sympathy
with crime, any mawkish sentimentality, or in fact
any feeling but a sieeere desire to adopt that punish-
ment which experience had shown to be the most efficient
deterrent from crime. When his right hon. friend the
Secretary of State said he would give up capital punish.
meot if any other could be shown to be better, be replied
that the advomites of its abolition would give up their
whole ease if capital punishment could be shown to be the
best. He held that the object of all punishment
was security to society, restitution to the injured
where that was possible; and he was not ashamed
to add, even in the worst cases of murder, reformation
where possible, to the criminal. (Hear, lieu.) He considered
that the heed of man was too weak and wavering to he en-
trusted with the infliction of a punishment which was irre-
vocable : sad quoting from • letter of Mr. Charles Dickies
io the Daily News, the hon. geotlemaa aarrsted several
instances is which innoceet penmen had he.. hanged. It was
said that people ware put to death as an example. Bata what
was capitaltheishment an example? Revenge. ft exemplified
nothing but the law of tit-for-tat ; and it was • reading
backwards of the New TIIIIIMNIOL It wee bemuse it had
utterly failed of its object ; beanie it seediend tabooing
=and afforded die means ef swaps to the ilty—
it vas stied, append to the spirit of

j-be traded the time was cot dies.
the isquiries of this aamordsonoo , it would
I killed, (Cheers. )
Mil% ROEBUCK mid the speech of the bon. gentleman
whited jut tut doers might to have ben spoken twenty
years you Whatever mkt formerly !Bps the one,
no an could Iry that say on had been within the
Wt tee years who was set faunally bel to line hen
guilty of the crime for which he suffered. It was perfectly
trite that the sdociaistration of Pieties in this country
had been a bloody administration • but in theme days
the regard far hymn life ba 'TOWN so much
that the right bow. gentleman opposite had mon &Sanity
in banging • 101111 thee any other Home Secretary had
ever bad in w braimm) Whit were the
objeete of punisparliag hment ? new
W(Hearhy, fi, herst, to Wenn the
offeeder. Weil, be whaftted that hanging did sot reins
a man. But the next ebfest ma the pronalion of seebity,•
and hafting did that. A sea was dangerous tonality, and
heaging not tiny removed him, bat removed him cheaply.
They babied him sad there was nmad of him. (A laugh.)
Sir F. CROSSLEY said he was sere the been would put
into the wale the cheapness of the proemial getting rid of
• criminal by hanging him as spins& the vane which they
attached to humor life. He should vets with the hos.
and Lund member, ben ne be did not believe that capital
punishment was agreeable with the merciful character (tithe
Mohnen diepensties.

der J. WASH add he thought it would he advisable to
avoid all adereare to theological argunteut in this quashes.
It was oeverthelem remarkable that through the whole his-
tory et Obristimity this panialement had Mee almost meteor-
sally the mantic* of mankind Nor was it altogether ma-
damned by Christie writers. With ffillilloll to the Immo
that. queetion before the house, if the alternative were whe-
ther the iageisy should be waived to • tom or to a
committee, he (Sir J. Walsh) was decidedly is favour of a
ocomiesion. (Hear, hear.) For himself, he had never beta
able to arrive at the couchisica that it would be safe
to do awn y with capital punishment. sun it did act follow
but that the same iamb se was now attained might be
accomplished by milder and more modulate mesas.
Mr. /HEBERT read • letter from Mr. Wright, of Maa-
cheater, who had atteaded more thee fihy culprits to the
aced& to show that executions bad ao deterreet effect on
than who witasemd them. The waiter stated that they
hed a deinoralleing teedmiey, especially on the minds of the
Yount. sad ineliaoced the seas of Thomas Edwards, a
young man who whammed the ementica of Taylor and
ard at Eirkdak Gael, aod eke days afterwards took the
life of a young wawa. sad was the next who suffered death
on the same scaffold. The hon. member suggested that if
the itommiseica were appointed their *wry should be
extended to the mode is which ementioas were cenied cat.
(Hsu, hear.)
Mr. MAGUIRE said he never Maid a epee& which No
000dnaively proved the cue against capital pnaishoteut as
that of the boo. bermet. (Hear.) Every one who had studied
the question knew that public executions had a brutalising
effect upon the minds of those who whammed them. Thom
gentlemen who were in favour of private ementioos too-
ceded half the argument against them, beams they ad-
mitted
the 'skidoos and demoralising effect al executiotes
is public. He thought the government bed acted wisely in I
oiumuting to • 001:0M1B1600, and he hoped that the presint
parliament would, in its &chola( months, pea an QM on
the subject which, while it satisfied the beet holier of the
eimata7, would do no injury to the interests of society.
(Hear, beer.)
Mr. EWART said that, in compliance with the general
feeling of the home, he would withdraw hie motion. (Hear,
hear.) The amendment, he supposed. would also be with-
drawn, and the, the hon. member for Oideed could propose
his motion for • ceennianioo.

The motion and amesdromit wire then withdrawn.
Mr. N KATE acid he would submit to timboose Ws motion,
with thetidditioe which had bean recommends& He than
moved that an address be tad to her Majesty, praying
thatahs might bepneiwlj pinned to issue a royal &outwit-
-111011 to inquire into the provisions and inanition of the laws
wider which the ptishment of death was now inflicted in
the United Kingdom,and the manner of inlikting the manna,
and to report whotiaerit wasHesirable to mammy alteration
thareis.

DENMAN solid that from the !reeding of the reso-
lutios it would a that the commaisce would merely
have to report whether any alteration was durable in the
mode of inflicting capital punishment,
Sir. G. GREY did not Widish* moieties could possibly
bwir =oh a oanstrWiias, but is hamlet the terms of the
commission be would take aare that then wee so miaoon-
option on the subject. (Rear, bear.)
The resolution was thee agreed to.

BOILER EXPLOSIONS.
Oa the motion of Mr. FINLAND, Iwe was it.n to
bring in a for compensating the families of persons
killed by holler explosions through the sieglatit or default of
the owner.
REFRESHMENT HOME&

Sir G. GREY, ia moving for leave te bring in a bill foe
further regulating the dosing of publiebousas and refresh-
ment houses within the metropolitaa polies district, stated
that tee °toted of the bill woe to promote good order and
regularity in entitle districts of London. Re believed there
was no objection to the bill on the part of the lionised
victuallers. The bill •pppplied to the boars of I and 4cm
every night except Sated y and Sunday eight.

. _
After • few words from Lord FIRIIOT, leave was given to
introduce the bill.
STREET MUSIC.

Mr. BASS moved for leave to bring in a bill for the
better regulation of street music within the metropolitan
polkas district.
Mr. MAGUIRE thought the object of the bill should be
mare clearly Mated. It was difficult to say what street
music was.

In reply to Mr. ROZBCCIC.
Sir G. GREY said the police bad tower now, on proper
rause, to bring street rousictans before the po:ioe maim-
trate'.

Sir J. SHELLEY was afraid the bill 'meld do more mie•
chief thee good.

Lord FEBMOY thought that the measure should be tsk®
up by the goverannot. fle hoped it was not to be a bill of
puns and penalties against poor people who endeavoured to
obtain as honest livelihood.

Mr. AYRTON hoped the bon. member for Derby would
explain the object of the bill. At present Wry were all in
the dark.

Sir F. CROSSLEY said he believed the object of the bill
was that where street music was played where it was not
wanted, power should be given to the police to mind the
musicians away. (Beer, boar.) They played now when
pinions were on their death bed, and there was no power
of sending these away. (Hear, hear. )
Mr. BASS did sot think that no a subject of this kind it
was lanai to make any lengthened explanation. The
phrase " rensosable caws" was understood differently in
different polio, courts, and the magistrates desired that the
phrase should be &hoed so that they could act with uni-
formity. TIM bill would give the police power to summon
musician@ who refused to leave a particular place after re-
ceiving notice to leave. (Beer.)
Leave was then given to bring in the bill.
INSOLVENT DEBTORS BILL.

Mr. PAULL moved the sexed reading of this bill. the
object of which is to *sable the poorer classes of debtors
to come before the county courts and obtain the same free-
dom and protection which was already extiwided to bna
debtors who came before the Court of Beakruptcy. Such a
measure was, he submittal, founded on Justice and expe-
diency.
The bill eras read • second time.
THE CUSTOMS AND INLAND REVENUE BILL
This bill was read a third time and palmed.
SUPPLY—REPORT.

The report of the Committee of Supply wu brought up,
and the resolotious agreed to.
THE PARTNERSHIP LAW AMENDMENT BILL.
Io committee ou this
Oci clause 3,

Mr. T. BARING proposed so arneedrisset, the effect of
which would he that the word "limited" should be added
to the titles of all companies registered seder the act.
Mr. Alderman SALOMONS opposed the amendment
Sir F. GOLDSMID said he could not understand that
that there was any stigma in calling • compasy limited
when it really was • liroiuxl company. At this moment
they were witaessiog a fever in the Cite of Loadon, came 4
am was supposed, by the prieciple of limited liability, and
it would be as well tome how that fever passed off before
they added to it any additional stimulus. (Hear, hoer.)
Mr. W. E. FORSTER said the point had been much de-
ceased in committee last year, and the proposal had been
rejected. He objected to it because the word " limited"
would not eirries the truth, because all the partners
would not he 'limited."

Mr. DALOLISH thought the amendment absolutely
elemeary foe the security of the public.
Mr. GOSCHEN said the public would have just the same
means of aseertainieg the posit,oti of a partnership that
they now possessed. If they put anything it ought to be
"limited and unlimited."
Mr. BUGHANAN suggested that the word " registered"
would he unobjectionable.
Mr. LINDSAY, while agreeing with the prieeiple of the
bill, thought that there ought to be some plan of notifying
to the public the nature of these new partnerships ; other-
wise firms known ell over the world might suddenly alter
their constitution without the eimpicion of their creditors.
After some further dieressios,
Mr. HUBBARD pointed oat that the 9th clause met the
difficulty. (Hear.)
After some further camomile*,
Mr. T. BARING said that, all he minted to swum was
ppuablicity. He meet Usable the committee to divide on the
ia*se4ioa of the word " registered" instead of " in
the style of the Arm.
Mr. BRIGHT mid he thought the proposal was only a
eireert mode of *belying the bill altogether. He was sur-
prised to Ind his hoe. friend (Mr. Lindsey) landing ►is sup-
port to the most deadly stab the bill had yet received.
Mr. M. GIBSON opposed the amendment.
After some esevereatioe, the committee divided :
Tor t►e ameedmeet l2
Against
There not beieg 40 members present the chairmaa left
the chair, and the house stood adjourned at 1 o'clock.

Boat 's I'a• is choice and strong, moderato
to poles, sad wholesome to as. The adomteeesime mewed
See this tas ••• postal prodermos. 1S Is sold la postal* tog %Lass••••11....1A••1.......• I

_ LAW INTELLIGENCE.
COURT OF QI7ZEN'S BICSOH.-MAY 3.

Eifillagelis'lleaam--4134dare Lord Chief Janice Cockburn,
tacit Julio= Me &bars, Menne, sad Shoe.)
The court the oceapied the whale al the day with the
Weld tare.

DVS/MUM OP !Ha COUNT.

The Lord Chief Justice this enornisg annoeseed that a
leaned judge would ait in the Bail Court duriag the het
four days of tote. A list of selected motions would he
{eke. these. The full court will also hold two alter tam
banes litter am Tassiday and Wednesday, the 10th and
111 k iset., uoinedistely after tam. Judgment will then be
gives in the mem sow swim oonsideratioo.