The Express.
London, England, 1866-05-02 00:00:00

IMPERIAL PARLIAMENT.

HOUSE OF LORDS.—TPEHDAY, MAY 1.
Their keel* mot re .6
eleleek.
LAW OF CAPITAL PUNISHMENT AMENDMENT

BILL.
The LOUD ORANCSLLOR, in met/ the second
reading of the Law al Capital Ptinishmen Amendment
Bill, stated that the measure had been drawn up in accord-
ance with the recommendations of • majority of the COM-
agaioneis who bad been appointed to inquire into
the subject. A minority of those commissioners had
been in favour of an entire abolition of capital
anent, but he concurred with the majority m thinkinS
that the retention of the highest penalty for crimes of
the blackest dye was accessary for the good of society.
After dwelling upon the deterrent effect of capital punish-
ment. the Lord Chancellor pointed out that murder was
punishable by death in almost all countries, the exceptions
Ling rare and insignificant. The bill which he now
invited the home to sanction divided murders.. into,
two classes—murders of the first dwes, wilful and
premeditated, which were to be viaited with capital
punishment, and murders of the second decree, com-
mitted under circumstances of a lea' heinous cha-
racter, for which the extreme penalty should not be
inflicted. There were some points upon which at a future
stage he should desire to propose amendments, but with
the recommendation of the commissioners that executions
Mould a future be inflicted in • lose public manner then
at t he fully eoneurred, believing that the deterring
uence of the puniahment would not be diminished by
an avoidance of the shocking scenes which had marked so
many executions of late years
The Earl of KALIL/ISSUE( said that the English mind
would, to a certain degree, be revolted by the idea of secret
executions. When a man was sentenced to death the law
ought sot to hesitate in asserting its justice before
the eyes of men. He felt that if the recommendation
were adopted it would not be many years before capital
punishment would be given up altogether. (Hear, hear.)
At present executions were carried on in the same place,
and the lesson, if it was a lemon, was given over and over
again to the same persons. He thought that as much as
possible executions should take plans in the locality where
the crime was committed, not only because it would produce
a strong effect on the persons residing in that locality, but
that it would add to the punishment of the criminal to know
that he would be executed as it were at his own door, and
in the midst of those with whom he had always associated.
The Bishop of OXFORD said that some ten years ago
their lordships granted a select committee, of which he
was chairman, before which committee a large quantiglg
wridenoe wastaken concerning public executions.
evidence, without exception, was in direct opposition to
what had just been suggested bythe noble lord.-Ele thought
that at the moment of execution there ought to be some
mode of making known the fact that it had taken place,
inch for instance se the tolling of a bell or the hoisting of
a black fag, the sight of which would at ones address itself
to the imagination of those whom it was desirable to im-
press and to deter from crime. (Hear, hear.)
Lord ROMILLY maddered that the balance of evi.
deuce was in favour of the entire abolition of capital
punishment. The object of punishment was two-fold—
to deter from crime and to reform the criminal. Of Domes
the latter was out of the question when the punkin:mat
of death was resorted to. It might be said that the re-
formation of the murderer would be very unlikely to take
place if he were to be let loose on society ;
but it was the object and duty of the govern-
ment to consider the Interests of all persons, even of
the criminals themselves. He believed that the effect of
the punishment of death was greatly overrated, for it had
no operation at all in cases where murder was committed
under the influent's of violent passions such as jealousy or
hatred. He believed that perpetual imprisonment for
murder might be made more fearful by the infliction periodi-
cally of corporeal punishment. He was not in favour of
that species of punishment in other cases, but he did not
think society would object to it in the case of murder.
Lord REDRSDALE objected to the classification of
murders as tending to lead to an inference that crimes of
the second degree were more or leas excusable and referred
to the increase of infanticides, which he attributed to the
'endue leniency which had been exhibited in such cases.
Lord DB ROB, comparing the English and French sys-
tems of military executions, argued that a solemn public
proceeding exercised a greater deterrent influence than
one conducted in comparative privacy.
The Duke of ARGYLL did not believe that society
could at present safely dispense with capital punishment,
and remarked that Lord Ramilly had omitted all reference
to the retributive element of this as of all other punish-
ments.

Lord HOUGHTON commented upon the lawless and
ells/gusting scenes which presented themselves on the com-
mon of all public executions, and accepted gladly the
change proposed in the bill until the time should arrive
when capital punishment would be unknown to British
laws.

The Earl of CARDIGAN observed that, considering the
disgust which bad been shown at flogging in the army—
a punishment which under proper restrictions he considered
absolutely neoesaary for the maintenance of discipline—the
suggestion that criminals guilty of murder should be sem
Mooed to perpetual imprisonment, but should be perio-
dically brought out and publicly whipped, was one of the
moat extraordinary, the moat shocking, and the most,
revolting he had ever heard. (Hear, hear.)
Lord ROMILLY bad never suggested that murderers
should periodically receive corporal punishment ; on the
contrary, he was in favour of the abolition of corporal
punishment. All that be had mid was intended as an
answer to those who suggested that it was impossible to
devise any special penalty for murder abort of death.
The Earl of SHAFTESBURY thought the bill would do
a great deal for the protection of infant life ; but it would
be a very imperfect measure unless some collateral means
were taken with respect to still-born infants. Of these
there were many thousands every year. and as they were
buried without registration or inquiry there was reason to
fear that many of them were really murdered. With
respect co executions, he believed that the proposed change
would, on the whole, prove salutary ; but it must not be
supposed that public executions were not impressive. It
was true that a number of " roughs " always found their
way close to the scaffold, and greatly misconducted them-
selves ; but he believed that the large mass of the spec-
tators went away very deeply impressed indeed. (Hear,
In his minion the abolition of capital punishments would
inflict a great injury on the feelings of the people, and
would double, or, perhaps, treble, the number of mur-
ders. (Hear, hear.)

The LORD CHANCELLOR explained that when he
said that no crime should be capitally punished incept
murder, he did not, of course, mean to exclude high
treason.

After a few words from Lord DINMAN,
The bill was read a second time.
QUALIFICATION FOR OFFICES ABOLITION BILL
Lord HOUGHTON said that after consulting with his
friends, he thought it best to leave the bill in its present
condition.

The Earl of DERBY expressed his regret that while
dealing with the subject the noble lord should have pre-
ferred doing it in what he must call a slovenly manner.
Lord HOUGHTON hoped her Majesty's government
would take up the matter, and pass a general bill on the
subject of municipal oaths and declarations.
The bill was then passed through committee, and was
reported without amendments.
SALMON FISHERIES (SCOTLAND) BILL
Bill reported with amendments.
SALE OF LANDS BY AUCTION BILL.
Bill read a third time and passed.
CUSTOMS DUTIES (ISLE OF MAN) BILL.
Bill read a second time.
LOCAL GOVERNMENT SUPPLEMENTAL BILL
Bill read a second time.
Their lordships adjourned at 20 minutes to 8 o'clock.

HOUSE OF COMMONS.—TUESDAY, MAY 1.
The iirilatilta took the chair et four o'clock.
PRIVATE BUSINESS.

The following bills were read a third time, and passed :
Barfs:.ire Roads Bill, Wandsworth and Putney Gas Bill,
and West Riding and Grimsby Railway (Transfer) Bill.
On the motion of Mr. C. FORSTER, the Aberdare
24orthern Railway Bill, Birkenhead and Liverpool Junction
Railway Bill, Birkenhead and Liverpool Railways Bill, and
ly Valley Railway Bill, were withdrawn.

PATENT.OFFICE.
Sir J. FERGUSSON gave notice that on that day month
be woald move that an humble address be presented to her
Majesty, praying that an inquiry might be instituted into
the state of the Patent-offioe.