The British Press; or, Morning Literary Advertiser.
London, England, 1819-07-07 00:00:00

DETISION OF THE CRIMINAL LAWS.

Sir J. 31 acitatosit brought up the Report of
the Committee appttioted to inquire into the
state of the Criminal Law.s—Ordered to tie on the
*able.

Sir J. Msceiwrosrt said, that nit soon as it he-
emir apparent to the Committee that no Report
could be presented until a late period of the Sea-
sum, they thought that it would be inexpedient
to propowe any measure of a grave nod important
^character. The Committee Were anxious not to
propose any measure without affording the fullest
scope or observation, and the most ample opportu-
nity of instoiry ; they were desirous that every
consideration should be fully weighed ; that tot
Indy in reality. but even in eppearatiee, every thing
like levity and precipitation should be avoided.
fly these appearances, they felt that they might in-
jure the cause they felt so sari .... s and laboured
en) much to serve. For these memos the Commit-
tee, in their present Report, merely state the sub-
stance of the evidence given before them, and the
outline of the measures intended to be finally pro-
posed for the consideration of Parliament. For
Civer mouths the Committer had been employed in
rullrctiuK evidence from persons moot likely to give
satisfactory tes.iinony on a most important point—
timinely, whether the system of capital puoishments,
to • great extent, tended more to encourage crime or
to depress it. This was the fist attempt, by means
of direct evidence, to ascertain whether the geueral
reasons that bad been given against the state of the
criminal law could be substantiated. The Report
was complete as to the matters it recommended to
the (louse; on other subjects it was far fronts
'luring but the Committee expect such evidence
on those *objects as will lead to the most satisfac-
tory results. The experience of the last three
smintlis had, lie said, more than justified the op-
pesiiiiiii that was made in that House to the
proposal of the Noble Lord, that the state of
the ;memos, of the transport,, and of the cri-
111‘114 law, should be referred to one Committee.
That proposal was successfully opposed. Two
4.7sienruittees were appointed ; both of these COM..
metiers used the utmost diligence—of the one
Inns which be had the honour to sit. be would sty,
that never was there • Committee appointed by that
House more assiduons, more impartial, more free
1 any party or political bias--never did • pro-
ceeding go before that House inure above the
sustiscom vf party influence. The first port or
Oise evidence taken before the Committee related
*so tine retort's of the amount of convictions and
st xeconotw. The Committee used every exertion
T 6 procure limn public officers the moat satin.
factory information on this bead, knowing that
the roams that from time to time had been
spade to that House had been materially incorrect.
Upon this subject the Committee had collected
prime authentic iinformatiou than had ever before
'wen submitted to Parliament. These returns they
looked on as very important. One of these returns
contained the amount of convictions and exerts.
stone in the cities of London and Westmitieter,
from the year 1699 to the year 1814 —a document
unparalleled in the history of criminal law, consi-
dering the period of time it embraced, the great
and markets cities, anti the extreme accuracy of
the account. With respect to the city of Lon.
don, as they possessed records of great value
to the inquiry, and as they had already ma-
nifested every accommodating disposition, the
Committee bad hopes that with the assistance of a
referesce to these records they would be able to
complete the returns of the seventeenth century.
The Committee had also procured returns from the
Deputy Clerk of Assize for the Home Circuit : it
was not so complete as the former. It contained
sisi account of the number of convictions and exe-
cutions from 1689 to 1719, and from 1755 to 1818.
By the assistance of this intelligent and meritorious
rawer the Committee expect a further account
of the operation of the criminal law in the districts
around the capital, and thus be able to complete
the period for more than 130 years; and they also
hope that the officers of the different other Circuits
will complete their information. There had been,
lie regretted, no Frumps made from Ireland ; not
one of the public officers its that country bad at-
tended to the directions of the Committee. It was,
if possible. still more desirable that the accounts
from Ireland should be furnished, because little
was kuuwo of the operation of the criminal law lit
that country ; he, therefore, hoped, that the defect
would be remedied before the next Session of Perlis.
Intent. The returns to which he had just alluded
were highly important in many respects, mid in none
snore than in this, that they enable the House to
form au estimate of the national morality of the
country, in different periods of its history, for more
then a century past; and fie had the satisfaction to
coinfirat the statement made by the Noble Lord
(Castlereagh). that crimes of siolence and atm.
city, far from having increased, have greatly dimi.
mid diminished in some instances sogrestly,
that nothing lout the returns before them would have

induced the Committee to believe. 'firit
30 yews immediately after the Reimlotihn, there
were 123 convicti )))) s and 87 executions on the
Home Circuit, fur murder and other atrocious
crones. From the year 1735 to 1784. there were
on the some Circuit 67 convictions duel 87 execis•
lions; and the tlorti period, namely, front 11785 to
1814, the convictions were 54. and the executions
41. So that the her of etnivicti )))) s here fallen
two to one from the thirty years immediately after
the Revolution to the last th:rty years; het this
was not a fair mode of calculation.
When the
great increase of population, and the rise and
growth of a great city on the soutliern b inks of the
Thames, in the county of Surrey—when these
considerations were taken into account, the /tom
would be disposed to think, that crime had dimi-
nished in the Horne Circuit in a proportion of
three, or perhaps four, to one, Groin the So years im-
mediately after the Revolution to the lift 30 years.
It was not so with regard to London sod Middlesex ;
it could not he expected : Mrt eVell with regard to
London and Middlesex the facts were consolatory.
The coaricti )))) s for minders in 1.. don and NlA-
(fleece, from 1755 to 1744, were-t-cotivictions 84.
executions 66. The convictions iii Loudon and
Westminster fur the last three years fir murder
were nine— for the three years preeetling they
amounted to 14. In Loudon, as in the surrounding
diatricts, the great Mei-ease of immolation should be
taken lob. account. it will then be seen. that the
ainomit of murders in L lon and Middlesex for
the last thirty years have greatly diminished.—
Taking the last sixty years, namely, front MS to
1814, the average convictions fur murders were
smell. There were, he said, no means of com-
plying the convictions in London with those which
have taken place in other great cities; first, be.
cause co city of Europe contained one mill of
tllhehltante ; and, sec fly, because no return of
equal authenticity could be procured from any
other city. It might then be said, that in London
human life was as secure as could well be expected
—there were five hundred chances to one.—
Another circumstance to be taken into account
when we consider the security of human life, were
the few restrictions that have been placed over
human actions in this country....tHere the Learned
Gentleman alluded to the system of police. which
he said, es in this country, did not deserve the
name, and for his own part he had doubts whether
police institutions did not operate more as vexa-
tious restrictions on the conduct oldie people, tend.
lug to destroy the spirit of Independence, and to re-
move that moral protection, which, after all, was the
best protection of the public. Arguing in this way,
it was, he said, a questi whether a system of police
had not a greater effect in producing than in repress-
lug c ) i ))) es.]-11) the western circuits there were no
increase of violent atrocious acts—fur the last fifty
years the amount of the convictions remain nearly
the same. When the entire evidence was rosisi-
&reel, it woe clear, he said, that whatever might
have been the crimes against property, which dis-
tress in most instancee occissionetl, the ancient hu-
manity of the people, their abhorrence of blood,
has not been diminished; whatever might have been
their distresses, the humanity of the people, their
dearest and once val liable possession, remained un-
diminished and unsullied. The second object
of the Committee was to ascertain what sta-
tute., creating capital felonies, alight be re-
pealed. lit this consideration, the Committee
assumed, that the law, which was not executed
for snore than a centur7, was not necessary—
that the law which in the western couuties
was not executed for the last sixty years, was nut
necessary for the well-being of society, and with-
out operating to suppress crime, only milled to en-
climber thee statute-book, and to expose the laws to
the supicion of cruelty. It was. lie was scare,
argued, that these laws inspired into the hearts of ;
the people a salutary terror, and that they appeared
to remain useless, because they proved effectual.
He would slot slow inquire whether this argument
was well founded. The Committee attended chwely
to the subject, and they intended to bring et. two Bills
—the first to repeal many statutes which are now
criminal, and to substitute the puoishinent of trims-
portation—of hard labour in other cases—and its all
cases to give the Judge an ample jutistlietion to
visit the offence according to its nature, with a heavy
or a mitigated punishment. Tne severity of pu-
nithrortit, far from diminishing, only trottrtl to en-
courage crime, because that punishment was un-
certaiii, and therefore other terrors ought to exist
besides the terror of death. The Committee on
this point examined several persons. who, from their
situation as traders, as witnesses, and as jurors,
were best able to form an opinion—and they, joidg-
ing from their experience, alt declared that if capital
punishments were abolished fur thefts. fur forgery,
and other inferior crimes. and if other punishments
were substituted, it would have a better effect on the
mind, nod would tend more effectually to dimiuish
the commission of those crimes. The Committee
did not examine the Judges—they did nut feel
that it would be becoming to call on those Ma-
gistrates to pronounce MI opinion on the propriety
of punishments which they might the next day be
called on to inflict : on. these grouside the Com.
mittre, after much consideration, determined not
to examine the Judges. The same causes, how-
ever, did trot exist to prevent the exaurinatiut. of
those who had retired (ruin the Rem:ll—accord-
ingly the Committee had iutesidtel to exa 11l l
Lord Erskine, Sir Wm. Grant, Sir James Mims-
field, and Sir Adios Chambre. Sir Wm. Giant
and Lord Erskine were not in the way to be ex-
amines', but the Committee laid every lemon to
believe that these distinguished pews.), still adhere
to the opinions they had given on this subject no
Parliament. The other retired Judges, whose
names he had =rationed, abstained from interfering
in the inquiry ; but Sir A. Macdonald attends.' the
Committee, and delivered evidence which had great
weight in their deliberation'. He had given his
opinion against the severity of the criminal law.
The Magistrates employed in the capital were also
examined. These Gentlemen bad great opportuni.
ties of watching the effect of the law. Mr. Col-
quhoun, who has beet. 27 year. a Magistrate,
gave it us his opinion, that the public !re-
volted at the state of the capital punishments. The
public officers of the Old Bailey, and the police
officers, who have been in the habit of drawing up
indictments, were exaroieseel: the evidence el these
men demonstrate that the state of the law has not
the desired effect in vermeil% crime. Another

•
'elites et persons wete ex. arairred, Whom rvidence was
most important, he meant the traders of London
and Westminster.—(Here the Him. Gentleman
paid a high compliment to the intelligeoce and
Irrimanity of the Loudon traders remarried before
the C 00000 mittee.l—ile said that one tradesman gave
in evidrt.ce, that from Cumin!' to Charing-cross
the depredations that were committed on shop-
keeper, were to an cetera beyond belief, and
which they were unwilling to confess; •IP yet
these respectable men think that the criminal
punishment* onglit to he mitigated. Another
tradesinali of Westminster stated, that in his house
tiny had not dismissed a porter out of their em-
ployment for the last twenty years for any other
crime brit theft. One of these was capitally con-
victed, and he and his pourer suffered so much
pain and anxiety before they procured a mitigation
of the punishment, that they were determined to
suffer any depredations rather than to risk the life
of n lininsm creature fur a similar offence. All the
trailers who gave their opinions. spoke the opi-
tri iiii s. they said, of ' -tenths of the tradesmen of
linalon—and these opirsio-is were decidedly against
the present state of the criminal law. 'flie Hon.
Gentleman next *deeded to the evidence of the
Solicitor of the Board of Excise—his evidence
states, that since the forgery of permit stamps was
liable. to be punished by heavy pecuniary penalty,
instead of the punishment of 'froth, the number (if
convictions for this crime, for li years before 1806,
rtnounted to 19 ; for 14 years after, the number
' of prosecutions were 9. and the convicti iiii s only 3:
a proof that those heavy pecuniary penalties, which
were sure to he enforced, were dreaded more than
the apprehension of die punishment of death, which
lost all its terror by losing most of its certainty. A
Mr. Jorre:th Harmer, a solicitor, concerned in Old
Bailey prosecutions, was also examined before the
Committee. This Gentleman has beeu profession-
ally acquainted with at least 2,000 persons charged
with the commission of felony—and had, from his
experience, a better right thou any man in Europe to
know the causes of hope and of fear that operate on
the minds of such persons; he (Sir J. Mackintosh)
seldom heard a witness give his testimony with more
judgment sod ability. This Gentleman stated,
that lie had known many instances where Jurors,
sootier than be called upon to pronounce verdicts
according to the law, have been known to bribe the
returning officers; in various other cases, where
Jurors have acquitted the prisoner of the crime of
forgery. even against evidence; and so much, he
says, is the humanity of the Jury relied on, that old
piores-innal thieves are in many instances desirous
to be prosecnigd under • charge of capital felony.
These persons were not wild enthusiasts—(A laugh/
—but old professional thieves, of experience and
of cunning, who defeated the law by its own severity,
and were desirous of being tried under capital its-
ilictments as the sure means of impunity. The
Hon. Gentleman then enlarged at some leugth on
the evidence of Mr. Harmer, which went princi-
pally to the treatment of criminals. In other
cases, Mr. Harmer stated, that lie frequently knew
Jurors to reduce the value of the thing stolen,
iii order to save the life of tire prisoner—but though
nothing was more common than to see Jurors, from
• principle or humanity, which nothing could con-
trol, thus acting against law and evidence, yet that
in no case did ftelinow or any reluctance on the
part of a Jury to 'ConSict a Intrderers The wittiest
had on the subject or forgery examined many
of the bankers and trailers •of London. Mr.
John Smith, • Member of* the blouse, stated.
that he knew many instances where the witnesses
✓efused to prosecute. Mr. Barnett, a banker,
stated, that the majority of private forgeries passed
unpunished—that more than half thee wine, for-
genes pass unpunished altogether, on account of
the apprehension of capital punishments. Mr.
Fry was ulso examined, and lie stated that he
would consider the pronto), of • banker more
secure if the capital punishment for forgery was
dri ii i ii ished. Mr. Samuel Hoare gave the same
opinion—he think, that if the punishment of death
for this crime was abolished, property would he
more secure; and Mr. Goldsmith otaterl, that in
one hundred instances at kilo, lie would have
detected the perpetrators of this crime, were it
not for the extreme rigour of the law. The
Committee, it would be found, had paid par-
ticular attention to that most important subject,
the forgery of Bank notes.—(Hear, hear.)—The
Learned Gentleman observed, that he participated
in the general joy of tire country, on account
of the determination to which 'the Barak had at
length come, to resume, as speedily as possible,
the resumption of a 'neuritic currency. The con-
I would be, at a time not far, he hoped,
removed, to render the issue of small notes unneces-
sary. Till that period, however, arrived, it would
not be prudent to do away entirely with capital
puirishmtrit, with respect to the passing of forged
notes of that description. But the Committee were
of (million that • discretion might be allowed, by
the exercise of which, in certain cases, capital pu-
nishment would be avoided. Where the coin of the
realm was counterfeited, the greatest exertions
were made to get at those who performed the ma-
nual operation—by whom, in fact. the counterfeits
were made. The forgers of Bank notes must, like
the counterfeiters of the coin, have tools and imply.
meats. And the Committee submitted, whether
the same principle which applied to the coiner,
might not also be applied to the forger—in order
to bring to justice those master-conspiretore, instead
of visiting, with the full penalty of the law, these
who were misted and encouraged by than to direr-
minute bad notes. and who, in fret. might he de-
nominated their almost innocent agents. The first
offence of uttering,the Committee suggested, might
be punished with transportation. imprint iiiii etit, or
hard lohour. The second or third offence might
be 'rented as an act of common retteriog was at pre-
sent, for which the prosecutor might proceed carpi.
tally against the accused party—still, however,
leaving it to the option of the prosecutor to prose-
cute NM for the first offence. IVitit respect to the
possession of forged notes, the Committee did not
propose auy change in the punishment; but tlwy
wished a discretion to be vested in the Court, by
s leech imprisonment or hard labour might be
awarded instead of transportation. Such were
the measures he was instructed to propose fur
the considerstion of the House—avid, baying been
heard with so much attention. he 'mold close
his observations with stating to the House the
source from which much of the evidence was

drawn. trii Jess lion 14,004 petitioners appeared '
before the lonfte, anxiously desiring an neutlima.
lion and mitigation of the criminal I iw. There
were Petitions from 'London, Bristol, Portsmouth,
Alanchester, and other equally populous places.
There were, besides these, varions Petitions from
Grand Juries, Clergy, and Gentlemen, in differeilt
parts of the kingdom, which, from the knowledge
and respectability of those who signed them, weigh.
rd a great deal more than the iitunber of the Peti-
tioners. In Ik', the Petition of the City of Lon.
don alone contained the opinion Of an iiifiiiitely
larger body of people thin the Humber lie hall
mentioned as rbsoluttffy signiog the diffcresit Yeti-
lion +. All those Priititins state, that they express.
ed the sentiments of dune individuals with whom
the Petitioners had conversed on the subject to
which they related. It was, then, the deliberate
%nice of the Public, not a Mere popular
clamour, which would 'soon ssibside, that call-
ed for an alteration in the law. Thus brought
beneath their notice, he hoped ttiie consideration
wontil be given to the tuhject. It wall one that
deserved the attention of every wise legislature, and
which no legislature could disregard, consistently
with the ridus of Squint policy, or the dictates of
pure justice.—(Hear, hear.)—The Learned Gen.
Orman concluded by moving. " That this Report
be printed."—Agreed to.

RIM FOR THE REVERSAL 'OF THE ATTAINDER
OF LORD EDWARD FITZGt.ItALD: . .

A message frost the Lords announced that their
Lordships had tweed to several Bills, and that they
passed a Bill for reversing the Act of Attainder
of Lord Edward Fitzgerald, in which they request-
ed the concurrence of the House of Commons.
Lord CASTIEREAGII rose to move thee best read.
ing of the above Bill, which, he was convinced,
the House would allow to pass with the utmost ce-
lerity. The exercise of the prerogative in which
this measure had originated, must be most grati-
fying to the feelings of the Sovereign-, who, in the
fulfilment of his arduous functions, was often pain.
fully charged with the examination of measures in-
timately connected with the execution of the cri-
elitist part of the law. The Hoe* would there•
fore, he doubted not, assist the Sovereign iii carry.
hog into ef ect. without delay, the present 'humane
and beneficent act, which went to remove, from the
family of Lord Edward Fitzgerald, the attainder
by which they were affected. This act must be
pleasing to every generous mind—but it must he
peculiarly gratifying to those Gentlemen who were
immediately connected with that part of the empire
to which Lord Edward Fitzgerald belonged. The
general state of tranquillity in which that part of
the empire had continued for several years past, was
a just source of congratulation.—( Hear, hesr.)—
The people of Ireland would, lie was confident, feel
grateful to the Prince Regent for having believed
in this kind and considerate manner towards one of
the most illustrious families in the empire—(Hear,
hear)—a family that would always be found
amongst the most valuable supporters of the Con-
stitution of England.—(Dear, hair.)—Gentle-
men, he was sure, would believe him when he said,
that it was a measure eminently gratifying to his
feelings, since the Act to which it related tended
to keep alive the recollection of circutustauces,
which, at a former and leas happy period, had oc-
curred in Ireland. That kingdom was now in a
state of perfect repose, and the feeling of every
good and limiest mess must lead hint to aisli that
those unfortunate circumstriices to which he had
alluded, should be for ever buried
in uhhvion.—
(Ilear, hear.)—The Noble Lord then moved,
" That this Bill be now read a first time."—
Agreed to.
Lord CasTasatsace then moved the second
reading of the Bill.
Lord W. FITZGERALD said, he did not mean to
occupy the attention of the House for many mi.
Miles, but lie could not let this opportunity pass
without stating how truly grateful he and his fa.
sally were to his Royal Highness the Prince Re-
gent, fur his generous conduct in originatirig this
tiieasure.— (Hear, hear.)--tt was r truly gracious
awl princely bear.)—After what had
been said by the Noble Lord, it would ill become
him to expatiate further on this subject. But lie
could assure the House, diet the State had not a
more loyal subject, or the army a braver officer,
than the individual for whose relief and benefit this
Bill was immediately ititentlert.—(Hear, hear.)—
Ile was most truly semiLle of the kind and liberal
manlier in which this measure had been brought for-
ward, and in which it had been received, mud he
thanked the House for the atteutiou which they
had paid to the expression of his feelings on this
occasion.— Wear, hear.)
Sir F. BIJRIInTT could not let this Bill pass the
House without expressing the high satisfaction
which he in common with every subject of this
realm must feel, on the introduct of such a mea-
sure. it was an act of justice, and its performance
shelved a magnanimity of feeling, oil the part of his
Royal Highness the Prince Regent, that was most
honourable to him. It could not hut be received,
in every part of the kingdom, with Ouse feelings
of thanks and gratitude, which such a measure
would always comiumid.—(lleori, hear, hew
.)--
He had no doubt that scarcely any measure could
be adopted, which could have the effect of creatisig
satisfaction throughout that port of the United
Kingdom to which Lord E. Fitzgerald belonged,
to so great a degree as the Act which was now
about to be passed.—(l-leur.)
Mr. V. FITZGERALD, why seemed to be much
affected, spoke ire so low a tone that we could not
distinctly herr him. He said, the satisfaction and
delight with which his Noble Friend had stated
that this measure would be received in Ireland were
not over-rated. The feeling of gratitude and sans-
factious would be universal in that country, on an
occasion of so gracious and gratifying a nature.
His Noble Friend had adverted to the sentiments of
Ins Majesty's Government, which were moat friendly
to this measure, and lie had also described the gene-
roes Ferber which induced the Prince Regeut to
direct that this set of justice should be performed.
The House, he was confident, felt the force of those
observations, still duly appreciated the feelings of
the Sosereign mid of his Miuisters. The unhappy
citruinstonces of the time to which his Noble
Friend had alluded, could not he recollected with-
out pain—and he entirely concurred with his Noble
Friend in hnpisig that all remembrance of the events
which occurred at that day might be he ever buried
I . •
to oblivion. He was sure there was tio man of