The British Press; or, Morning Literary Advertiser.
London, England, 1826-03-10 00:00:00

HOUSE OF COMMONS, TUL:IIBDAY, MAncit U.

Lord ALTBORP presented a petition from Wellingborough.
in Northamptonshire, praying for the abolition of slavery in the
colonies.
Similar petitions were presented by Mr. M. Angelo Taylor.
from the Protestant congregation of dissenters denominated Me..
thodists. of the pariah of Weathoe, South -sltieltre ;by Mr. H.
Stunner, from the freeholder' of the COIL* ft Surrey ;fin Mr.
Pelham, from Romsey ; by Mr. M. Fitsgesllo,. from
Kerry; caprity
it%
o by Mr. Benett, from Trowbrigif, end e. Lille ;
by Sir It. Vaughan, from it town in Cameroon; bylblj Ale— ume,
from Cameltiird and Aberbrothick.—Ordered to be printed.
CURRENCY OF SCOTLAND'. . .
. . .

General MONTGOMERY presented a petition from the inha.
bitaats of Kilmarnock against any alteration in the currency of
Scotland.
Similar petitions were permeated by Lord A. Campbell,
from the Provost and Dailies a Glasgow; also from the mutes-
men of the same place, and likewise from the merchants of that
city ; from the Chamber of Commerce of Greenock, two separate
petitions from Paisley, and one from Renfrew ; by Mr. 3lonteitii„
from the town and county of Peebles, front Linlithgow, mud
Selkirk. . .
Lord PA hill ERSTON moved for certain at:cocotte relatke to
volunteer corps, and the militia of Great Britain and Ireland,
_which were ordered, and shortly after laid as the table.
1 LINEN TRADE.
tile. BROWNLOW prompted a petition .from certain linen
manufactures who attend the market of Armagh, praying for
some legislative enactment to promote the more speedy recovery of
stolen linen. The Honourable Member presented i.r.other peti-
tion from certain inhabitants of Belfast, complaining of thorate of
postage between Great Britain and Ireland, anal praying that the
rate of peonage should be reduced to the standard of land postage,
without any consideration of the sea carriage between the two
! countries. The Hon. Member mate tome observations, which,
from the low toes or voles in which he delivered himself, were in-
audible in the gallery.
Sir J. NEWPORT said that the abuses in the Poet-office
establishment of' Ireland were notorious; be suppented the petition.
I Mr. BhOWNLOW presented a petition from the manufae.
I turves of Armagh, praying that the restrictions an their trade might
be removed.

REPRESENTATION OF THE CITY OF EDINBURGH.
Mr. ABERCROIZIBY presented a petition from the inhabitants
of Edinburgh, praying for a reform in the representation of that .
city. He said that the petition was signed by between scrag and
eight thousand persons of the highest respectability ; those persona
spoke the opinions of the inhabitants at large. and if anything
could prove the justice of their claims, it was the fact that the mg..
tion was signed by six persons who were members of the Corpora-
lion, in which the right of election was now vested. and who too-
nopnlised that right entirely to themselves. It proved that whit
passed within the precincts of the Council Chamber was not ad-
verse to the views of the inhabitants. The Hon. Member pee.
' Rented a similar petition tyi a former °condom -because tie t
the clams of the inhabitants of fidi:ihurgh to an ulterationttit
representation of that rity were founded on truth anti jostice. and
because he was well convinced the citizens of Edinburgh wools'
prosecute thow claims with prudence. firmness, anti oerseveranot t
his anticipations of them were not disappointed. He found them
at their post to renew their claims and to urge their justice with
undiminished rodour. Ile now supported their Petition. because
lie entertained a firm conviction that what they asked tor was as..
ftitand beneficial, not only for themselves but far the institutions
of the country, and that a compliance with the prayer of the peti-
don would widen the basis of those institutions.
Sir G. CLERK said that he would not enter at large into the

VIIIIIIIIIII

priatiple of the measure. He regretted that the question had come
before the House in the absence of the Representative of the city
itf Edinburgh, who was so competent to discuss the merits of the
ease, He hoped the lion. Member would fix a day for ks future
diaeumtinn. He saw nothing peculiar in the representation of
Edinburgh to warrant a specific law for its regulation. It was not
a singular instance *rifle representation of a plate being vested in
a Corporation. He thought that the rights of election should not
be taken away in an; tnetance unless in case of gross corruption.
No such case hail betn made out, and therefore he could not arse
to the prayer of the petition. No such corruption was sltowu to
'stet "as to the borough of Grampound, where the right of
diction was withdrawn. In such a care only would those rights
be withdrawn, and as that had not been made out, he would
(*Cthe measure.
HUM E said that the particular el/mimeo:noes of any
one
should not be an excuse for another, nor screen it from the es xc
which belonged to it. He would not rat exclusively on the
merits of the petition of the city of Edinburgh; he would not take
that into consideration, but objected to the system in generaL The
representation of Edinburgh rested in thirty-three persons ; that
isatold not be called a representation ; such a representation was a
sosokery. 'That who opposed reform said, "we ate unwilling to
'Mao a intagaft tirems.r ge would say distinctly that he wished
for •venil SON& The Minster who would undertake and achieve
shat bendkreit One coostry would, in him view, immortality himself,
and de a sled he:Medal service to the country. He thought it a
disgrace to ids" me in which we lived that those abuses should exist
in the representation of the country. If they were corrected it
woald produce moth good, and give satisfaction to the people, end
• be eagle tot hut tbink it would be gratifying to a Minister to see a
IllisP97 and contented population, a considered the subject wor-
"by she notice of Ministers, and if they gave it their attention lie
ids sore it would be attended with some good.
On the rnotibn that the Bill be printed,
• Mr. • BERCROM 1W said that be was not ell sorprieed at the
oppesidon of the Hon. Baronet (Sir George Clerk). He did eery
right he opporthig the petition from the principles he entertained.
Ile was connected with that party which always opposed such
someares. 'The petition be had presented expressed the opinions
of lb* inhabitants of Edinburgh; that the Hoe. Baronet did not
deny, ate had jie attempted to vindicate the case of which the pelt.
.toners complained. Ile concluded by giving notice for leave to
bring In a Bill on Thursday, 30th March.
air ILFEROUSSON supported the petition, and he trusted
those Hos. Members who opposed Parliamentary Reform would ,
owns to the discussion of thin subject with dispassionate minds.
Be wished the representation of Scotland should be put 00 the
amnia footing as that of this country.
•
PARLIAMENTARY REFORM.
Lord J. RUSSELL gsve notice of • motion relative to Parlia.i
'military Reform, which it was his intention to submit w the House
as Thursday. 27th April.
CORN LAWS.

It r. 111.3,ALE tusseented a petition from the worklngfand manufte.
eating of Hutehesontown and other places In the neighbour.
hued of Glasgow, praying for an alteration in the Cern Lass.
On thi question that the petition should be brought up,
efr. CLINWEN objected to the language of the petition, as also
sloths ides which was entertained by the petitioners that their condi.
don would be bettered if the ports were opened. Ile was convinced
thee such would not be the case.
Mr. 11. SUMNER objected to the language of the petition, as
Mated by the lion. Gentleman (Mr. Hume). They said, if the
price of corn was not lowered it would break down the bonds of
aueiety and be could not but consider that such language was the

language of rebellion.
M. HER NA I, raid that tt!e House should look with compassion
YR we statements made by their fellow-countrymen under the pres-
sure of low wages and the very high price of mime of the necessary
articles of subsistence, particularly, In those of meat, butter, and
,Abeete. He would repeat that the House should look with com-
passion on the sufferings of the great mass of the population,
•1404 e interacts should be inseparable from that of the landed in-
terest. . .

Me. MABERLY said that he wondered very much that there
were not petitions on the subject from every place in the country.
'ills people had a right to expect that his Majesty's Ministers
would have taken the Corn Laws into consideration before they
scooted the policy of a free trade in other respects.
Mr. BENETT considered the language of the petition as
most unjustifiable.
M. BEIM E protested against the objection of the Hon. 3lem-
bet toe surrey (Mr. H. Sumner), and said that the petitioner.
silted that from their present condition they absolutely hegtin to
feel their moral affections lowering, and their hearts were state
(4 remorseless obduracy.
Mr. H. SUM NElt said that the words " break down the bonds
of %ode'," were also used.

Mr. HUM E admitted that they were used.
Mr. Secretary PE Kli said that the question of the Corn TAWS
WWI one of the greatest delicacy, and which he did not think it
advisable at that moment to discuss upon. The petition before
the House was certainly a specimen of line writing. (Hear.) The
cdiject of the petition was not to throw any new light upon the sub-
:mt. but So promote asperities. Whenever the question should
mane to be considered, it was very desirable to avoid all circturt•
manna t!sgt mold nccasion any exasperated feeling.
LALORA VP said that lest year the House were told the
gelation should be brought forward during the present Session;
Indeod the Right Hon. Gentleman, the President of the Board of
Trade, was pledged to bring it foriard in the present year, at least
on it was understood in the House of Commons. His Majesty's
Ministers suppose they had satisthctory grounds for delay-
ic4 its bot be could not hut consider that they were mistaken ;
and to defer it from year to year ass the worst of all possible spa.
tents. His Majesty's Government stated, as a cause for delay.
that there had been a change in the currency • but why had they
ta:npored asf the currency instead of going into the Corn Laws?
'rte /tight lion. Gentleman (Mr. Peel) lad deprecated discussion.
le Ow Mouse and the, country knew what Government intended to
0 r, More would Le an end of dismal= ; but his Majesty's Minis-
ters appeared missive a groat aversion to stating their opinion. lf,
browser. their opinions were to be eollectid front their measures.
they •oold approve a free trade in corn with a protecting duty,
anti the question then was, what should be the amount of that pro-
tection ? What had happened in regard to the question of free
wade in Elk ?. Why, that the matter haying been fairly discussed
mot the question detnotined the people were satisfied. The great
mil was mystification. His M ajesty** Ministers should not 'lux-
ury. t Hem. The petition WWI certainly drown up in language
the people could not übderstand, but the great body of the people
said understand the general question'. It was for Parliament to be
remaemble. consletent, and inn, and the people would be amen.
able is the detenninstion of Parliament en arrived at. The lion.
titmtbman said he regretted that the petitioners were in the unto..
innate situation dilly represented themselves to be; but it was for
tt-in to be assured that low wages did not depend upon the price
.dtr 1. He (filr.Ealcraft) honed that plentiful apps would be
unta t, upon which depended an abundant supply and nothing
oil the bounty of Providence in that respect could make corn
sheep.
*Mr. PEEL explained. and said that his Majesty's Government
wish^d to reining themselves until the matter came regularly under
runsidesatiom At the same nine, from the frequent petitions pre-
ien•svi. it was impossible to exclude discussion.
Lord JOHN RUSSELL agreed that it would have been better
to base brought on the question. At the same time he hoped ad-
vantage would be gained by delay, in order that a proper regula-
tion of the burden, that pressed sometimes on land and sometimes
manufactures. should be made. If that were done, then it
or.ist be the general wish for the question to be met.
Vie petition was then orders(' to be printed.
CORONERS' FEES.
PEEL rose to present a petition 'from the Coroners of the
county of Ocean praying far an increase of their allowances, and
said that he begged it not to be Impposed that he agreed in the
prays because he presented the petition. All that he should move
upon it Was, that it should be mimed to the Committee then alt.
twig on the County Rates —Ordered.
ANCEItY REPORT.

Mr, broosln up a copy of the Report of the Commis-
sionert appointed to inquite into the Court of Choncery.—Ordered
to Ire printed.

CRIMINAL LAW.
Me. PEEL mse, and said that he had to make an appeal to the
Howe on a question of the deepest import, being no other than a
coosolitintion and alteration of the criminal law of the country.
Titone o`tjecto woniti•eiteite no feeling of party, or promote any po-
litico! ?•Inneeity ; the object was the suurey of property and the
is isrm meet of the moral state of the people; and lie was sure the
House would not consider them undeserving of i's most serious ac-
t-MOM. The Him'se had an important debt to di.rharge I. the
eomodeestion of theme laws which so nearly effected the Interests of
the people at large '.Thelkst pmposition he should have to Inhibit
to the House was fee leave to bring in a Wider Ahomesulidatiou
of the statute law reining to the crime of theft, and the second for
th..• amending of the criminal law In ceautin cases. lie apprehended
he shooW find no one who would oppose the consolidation of laws
of %Inch his Majesty's subjects were bound to take cognizance and
to nhey under such bets, penalties. It was conformable to the dic-
tate* of common sense thut the law should he as clear and
ittelitgible as possible. It, however, the dictates of com-
mon sense were sot anfileient. and if authorities must be called
in aid, he hod to rely upon the authority of some of the greatest
names that adorned the hietdry of the country. Several of the
most eminent lawyers hid either given their decided opinion upon
the airman. or hot gone turther in their attempts to promote the
alteration in question, burwitbout success. The Right lion. Gen-
tleman said he would dispose of all lighter authorities, and come to
that of the highly-gifted individual. bard Chancellor Bacon,
who had addressed a wok to his Majesty King James 1. on the
NMI subject, which he had the honour to submit to the House. and
that was written at a distance of two hundred and fifty years from
the present yeriod. Thnt Nobleman foresaw every objection that
could be urged, and most ally answered them in the mountain-top
altos exalted wit. He most beg the House to listen to the extracts
trout that work ; and be did trust that the House would cone to
the lane ronelue;ons with that Lobleinau. The Right Honourable
Gemisnan here read some long extracts from lewd Chancellor
Bacon's work, addressed to James I. oa the subject of the criminal
late Of floy,iand. The Right Hon. Hindman said if any further
authority were wanting, he muse appeal to the judgment of that
Howe, a. eirpremed i.t the teport.of a committee made in 17%.
That report strongly recommended the expediency of the inmates
• t both Matey of Parliament, but they never could be induced to
„ors. A similar committee hid sat in the year IGril tar the same
pum„.4.; but fro,n thataittte 10 17111; the Parliament had allowed it,
m sleep, being for a pried 1.1 mare than one hundred years. The
Right Hon. Hentleman skid that, in the year ittn. was 1.0, mot to,
mtimatmut, to "ace the object ; and, relying oil the ata:POritl of
Lord Bacon, he should salautit a nil fur the approbation tot Pat.l

figment. to consolidate the statute law for the crime of theft, and for '
the amendment of other parts of the criminal code. It was neces.
sary, in order to show the necessity of the measure, that he should
state to the !louse the number of persons cotnntittcvl for the crime
of theft in England for certain periods. lit 1825, the last year, as
appeared by the returns he beta ie his hand, there were no le..
thao 14,43.7 persons charged with the crime of theft ; of those 12.530
were for crimes to whichthe Bill be intended to introduce would
rater, forming six-sevenths of the whole, including all crimes of
theft, burglary, larceny, housebreaking, stealing under the value
of 40e., sheep-stealing, and receiving of atolen goods. It was mat-
ter of most serious consideration when compared with the number
of crimes of Keeton importance, but which were so few in comps.
neon. Fluting the last seven years there had been convicted 122
for manslaughter, 11 for murder, 50 for arson, 43 fug perjury, and
241 for forgery ; but how many would the House suppose were con-
victed for the crime of theft during that period a—no less a number
than 43,000! He trusted therefore that he had shown enough to
prove the impatience of the measure an to the crime of theft, and of
the necessity of consolidating the laws for punishing that offence.
In order that the Bill which he iota:Wed to subunit should be in.
telligible, he had had it privately printed. It consisted of thirty-two
pages ; and within those thirty-tv u pages were comprised every
material enactment relating to Lie crime of theft. The two first
pages were taken up In the repeal of enactments, which this law
would render unnecessary ; and in the rendition; thirty pages the
material enactments of not lees than niaety-two 'mutes relaaing to
theft were consolidated. The important enactments relating to this
crime welt abstracted front the several Acts Leginning in the reign
of Henry the Eighth. The manner in which Acts of Parliament
accumulated was not to be ascribed to any Indifference on the part
of the legislator', hut to the practice which had arisen of legielat.
ing for particalar cases, and not upon any general principle. When
any particular theft was committed upon • 3lember, or one of his
constituent*, • Bill was frequently introduced for the pre•
vention or punishment of that offence, but without any rela-
tion to crimes of • Mohler character. Another practice
which led to the strange and defective system of legislation
adopted on this subject, was the blending of enactments re-
lating to particular thefts, in Acts of Parliament, with other enact.
meats, altogether distinct, and essentially different in their nature.
His present purpose was to extract front tine heterogeneous mint are
!whatever related to the crime of theft, and to embody the spirit
'in the one short Act which he held in his hand. Mr. Burke. had
made some observations on the practice of introducing enactments to
meet particular cans of crime, which bad lately boo commented
upon. Nothing could be more injurious as respected the clearness
of our criminal code. In allusion to what lie had just ad-
voted to, relative to the practice of heaping together a number
of distinct enactments in the sante Bill, be should only adduce
one instance. Some one hail complained that there was no en-
actment to meet the stealing of madder roots, and as an enactment
to meet this particular offence, a clause was inserted in an Act
which principally went to provide against thefts in the important
article of coal. There were no less then twenty statutes relating to
the offence of stealing timber. One lion. Member found that
maple was not included in the Bill on this subject; another found
that ash had been omitted. Separate Acts were brought In to put
maple trees and ash trees under the same protection as all other
kinds of timber. and in this way Acts of Parliament were multi-
plied. His purpose, in this Bill. wiii:lt he should conclude by ask.
in; leave to bring in, was to extract the principle upon which all
those enactments were founded, and to embody them in one Bill.
It was impossible to say that the mate of our statute book did not
render such a measure desirable, if not absolutely necessary. ( Hear,
hoe) He begged to direct the attention of the House to the law
relating to theta of holly;, thorns, and quieted'. The House,
be thought, would give him credit fur discovering this enactment,
at least credit was due to those who had discovered it, for it was to
be found in an Act entitled " an Act for better securing the cus-
tom' on goods removed from the outports to London" (Hear,)
and also for regulating the salaries of certain officers in Senegam-
bia, in Africa" (Laughter,) " and for authorising the exportation
of barley from the Orkney Wand*" (Hear, hear.) The enactment
relating to hollys, thorns, and quieksets was to be found mixed
up with the other enactments which he had mentioned. lie thought
the Home would agree with him that it was desirable to transplant
those holly., thorns. and quicknets to a more congenial soil, by as.
seeding them with other trees. The manner in which stone
of those Acts passed were not a little curious. In the sixth
of George 111, the forty-sixth and forty-eighth both related
to the stealing of timber, and must both have passed within a few
days of each other ; indeed they must both 'save been before the
Home at the same time. Yet it appeared pretty clearly that the
gentleman who introduced the 48th did not know that the 46th was
in eeistence. The 48th made the crime of stealing wood a felony,
whilst the 13th, for the same offence, made the offender liable to
a penalty of 20/. Now it was the practice of the Judges to consider
all Acts passed in the same Session as used on the same day, an !
that in point of fact the 46th of flea 111. was repealed by the 48th !
Oco. 111. without having ever come into operation. All that re-
mained on the 20 statutes relating to the preservation of timber, he
intended to embody in one Act ; thus ridding the Statute Book of
so many useless incumbrancet. The second point to which his
Bill would refer was with respect to the offence of receiving stolen
go knowing them to be stolen. By a single clause he pro-
posed to supersede the existence of no leas than twelve statutes,
which related to this particular crime. So many Acts were passed
to provide against this offence, because, as he heal before remarked
with regard to the enactments relating to theft, the Legislature had
proceeded with reference to particular cases, and entirely regard-1
less of any general principle. There was one Act against receiving
stolen lead, tin, anti copper; another against receiving stolen brass,
a third against receiving jewels, plate, and watches. Besides,
there was an Act against receivittg stolen bank notes and other
securities. and many other Acts which it woe be tedious even to
name. Now he did not see any necessity rso many enact-
'newt to meet one particular species of c- (hear) and he
proposed to remedy this defect by a s . clause, which
expressed the punishment to be inflicter' r every particular
description of their offence. The welds t.l-t Bill he pronmed
would rots thins And that any one wi shall knowingly re.
ceive stolen motley, goods, or chattels, lErta, bobels, or notes,
or. other securities, or any other thing whatsoever, the tak-
ing of which shall amount to a common teamt , every such receiver
shall be guilty of felony, and shall be liable to be indicted either
as an accessary after the fact, or as a principal after tne conviction
of the offender." In the Bill which lie pro' used the principle of
the law as it at present stood was retaired. and his efforts were
chiefly directed to simplifying it. Ile aain pommel. to supply some
omission, and remedy sotne defects. It appeared that by ate law
of Eugland, as it at present stood, it waste gnomes offence to steal
from a ready-furnished lodging ; but it WAS actually no offence at
all to commit a robbery its a ready-furnished house. A man had
actually been acquitted who Was guilty of robbing a ready-fur.
nished house ; and after his trial Chid Baron Macdonald, address-
ing the prisoner, observed that he was sorry he was acquitted ;
that his guilt was perfectly clear ; but that the law only related to
rabbiog from furnished lodging., and not from a furnished house.
He now proposed that the more important tenement, • ready-fur-
nished house, should be placed under the same protection us a rea-
dy-furnished lodging. The same extraordinary inconsistency pre-
vailed in the enactments to meet another offence. To destroy lash
in a stream or river running through or in • gentleman's estate was
a very serious offence ; but to destroy the fish in a stream which
served as the boundary to a gentleman's estates—and streams were
very often the boundaries—was no offence at all by the law of the
land. He presumed if it was right to protect one stream it was
of equal importance to protect others, and it was proposed by the
Act lie had now the honour of submitting, to place all streams,
s heifer running through, or in, or only bounding gentlemen's
' estates, under the operation of the totem law. The law respecting
1 the embezzlement of monies by servants was also very defective. It
was necessary under the pro= law to prove the specific nature of
the coin in which the embezzlement was committed. This
I often proved to be a very great inconvenience in the prose-
cution °forte:tees of this nature, which were unhappily too frequent.
Fur instance, if a servant had to receive ten shillings front his
master far any person, and got a pound note, giving the ten shillings
from himself, he was not guilty of any =bodement under the
existing law. Hit master enuld not prosecute hint for retaining the
one pound note, because he had not authorised him to receive such
• aunt, anti he could not be guilty of embezzling ten shillings as he
had not received ten alullings- To remedy this obvious detect, what
he intended was, to exempt the master from the necessity of apeci.
tame in what particular coin the embezzlement was committed.
His Act also-contemplated a mitigation of the punishment in cases
of embezzlement. Embezzlement could now only be prosecuted as
a tawny, and in cases of felony only one act was allowed to be
proved. Now, when a prisoner was prosecuted for embezzlement
and only one offence proved, a Jury were apt to thinlethat the one
KS was done in mistake, and acting under tints impression the
offender was often acquitted. whereas by enabling the prosecutor to
indict fora misdemeanor, proof of the whole conduct of the servant
would be admitted, all the circumstances of the case rebid be sub..
'witted 'tattle jury. and they would pronoutice their-y*lll6o gene.
rally., alter a consideration of the whole case. The law of England
was very defeetive in another instance. There was ample protection
for securities in the public thigh of this country, but no protection
for foreign securities. The House would agree with hint, that it
was as greet an offence to steal securities which would entitle the
holder to receive money from the foreign Wilde, as to steal any other
description of securities, and he meant to generalise the law in this
respect. Ile also proposed totem rely some deficiency in tittle* relating
to title deede,and what were called technic/illy chores in'action. lie
should observe that in the law lie now proposed he did not introduce
any penalties before unknown. nor did this Act constitute any new
crime. On these pains, therefitre, it was only declaratory and
remedial. There was another particular in which he proposed an
alteration. Larceny committed in a dwelling-house to the
amount of 40s. was a capital crime. This was construed to relate
to all out-houses, in which stables. barns, he. were included. li c
meant to propose that it shook be declared in the new Act that no
out-house should be considered ae a dwelling-house. union there
was an intentsl communication with the house. Another offence,
the law relating to which required some correction, was that con.
coming robberies committed in gardens. These robberies, which
were sometimes mere school-boy offences, and often extended no
farther than stealing a few apples, were indictable as felonies, and
the offender was liable to transportation. Besides, no Magistrate
bad the power to discharge an offender indicted for this crime; it
was the 31agistratee' duty to send all ;each offenders to be tried at
the Assizes. The severity of this law, and the danger of subject-
ing a fellow-creature to much effects for what, as he before cautery-
ed., may have been nothing more than a school-boy's theft, pre.
vented many persons from engaging in pronecutiuns for this offence,
and the consequence was, that the seventy of the law left the
owners of gardens without sufficient protection, whilst it effectually
defeated the ends of justice. Tn remedy this state o: things, what
he now prompted was, to give the 31agistrate a %Ministry power to
discharge the offender on the commission of the first act, upon pay.
went of the expenses stud a smell line. Tina would save the of,

THE BRITISH PRESS.

fender from the contagion of a gaol. if this was found to be desirable.
as In many eases no doubt it would be. He thought he hail now
said sufficient as to the details of the Bill he was about to submit for
thecoosolidation of the law relating to the crime of theft. It may not
be amiss ror hi•ii now to say a few words as to his plans tor the
improvement of the criminal law, It was impossible to look to the
Mate of crime in this country without feelings of a very painful na.
lure; and he believed it must be admitted that property was not
as secure in England as in other countries. This arose tram a
combination of caws, very many of which were not within the
reach of any legislative enactments.• This want of security was
attended with many advantages which more than counterbalance
the evil, and yet to which that evil may be, in part, ascribed. One
of three advantages was the total absence of a preventive police.
,Nor could it be left out of view when considering this subject. that
The liberty. enjoyed by the people of this country give facilities to
the commission of crime which did not mist in others, where the
liberties of the people were more restrained. Let it not be sup-
posed, however, that he wished to curtail the liberties which the
people of England enjoyed : on the contrary, he asserted that the
blessing of itherty far counterbalanced any evils produced by the
enjoyment of it and that it was attended with advantageous
effects which Infinitely preponderated over the injurious effects. To
give some general motion of the frequency of crime, he would read
the returns from the several gaols in England and Vs ales. lla
said the increase of crime, becsuse he fel: that un this subject con-
ceslinent was unnecessary, and perhaps was unwise. It was no use
to pride oueselves ass nation upon a superiueity which we did not
possess. (Hear, hear.) Such an imposition on the feelings of
the House would only serve as an encouragement to the increase
of crime, by preventing the House from directing its attention to
the necessity of placing the law upon a sounder principle. (Hear.)
In seven years, ending in 11116, there were committed to the gaols
of England and Wales 47,:i22 persons—he meant criminals ; and
In seven years, ending in 181.3, no less titan 23.217 persons were
committed. This was an alarming increase. The house would
perceive that the number of committals was nearly doubled. The
number who received sentence of death within dune two periods
was nearly in the same proportion, from which it was to be interred
that the increase of crime was not confined to the lighter degrees or
it. in the seven years ending 1616, 4,100 received sentence of
death ; and in the seven years enchnieht 1823, 8,200 persons re.
ceived sentence of death in England and (Vales. So that it appeared
that the number of those who had received sentence of death, us
well as of those who were committed for armies, had actually don-
' bled. It was a curious fact, and one worthy of observation, timt
the increase of crime in London and Middlesex bore no such pro.
portion, though the increase of wealth and ropulat ion was greater
than elsewhere. From docv—ents in Ms Possession, it appeared
that in London and AlideMex, in seven years ending in 1810,

. _
LOW received sentence of death; and in seven years, ending in
1823, 1.122 persons received lenience of death. This was no great
increase, not M all in *portion to the increase in other parts of
the country. But though there was some increase in the general
aggregate of crime in London and lidil.esex, the number of
persons convicted of offering violence to persons had materially
decreased. For instance, the triune of highway robbery was
very much Jemmied. Taking the accounts of the metro-
polis in distant years, and this ,pleasing alteration was very
discernible. In seven yeareending in 17-J3, 272 person* were exe-
cuted in London and Middlesex ; whd,t iii the seven years ending
ice 182. i, only 165 pecsons were executed, making &diminution of
more titan IVO persons. As he proceeded to more remote periods,
the number of persons executed increased, and this proved not only
the prevalence of crime in the metropolis at those periods, but the
magnitude of the crimes then committed. In 178*i and 1737, there
were executed in Landon and Middlesex 133 persons, and the axe.
cumin* in London and Middlesex within the last three yeats
amounted to only 33. Ile did tint mean to state to what the pleas-
ing decrease of crime in the metropolis was to be attributed, but he
was sure, amongst other things, it was to be ascribed to the effi-
ciency of the police establishment. That pollee wax possessed of
no extraordinary power. They were only ordinary constables', di-
rected by the ordinary powers with which Magistrates were invested,
and yet by the effective manner in which this force WAS governed,
notwithstanding the advances of the metropolis itt wealth and
population, heinous crimes had greatly decreased, and the increase
of offences was not in any degree proportionate to its increase In
other parts of the country. To the police establishment of the ca-
pital he certainly attributed a large share of these gratifying cum-
quences. (Hear, hear.) He thought the House was now possessed
of sufficient information to enable it to judge whether a proposition
to improve the administration of criminal justice should be set
*side in the tint instance. He thought he had stated what was sa-
tisfactory, in leading to the &inclusion that the criminal law of this
country wasoot perfect, but that it admitted of some improvement.
(Hear, hear.) Ile wished to state shortly the provisions which
he should consider as safe improvements of the existing law.
I He anticipated no objection to his propositions, for he was about
to propose nothing which was unaale or new in principle. One
I object was to remedy a defect in the Statute of King William the
Third., relating to felony. The meaning of this Act was, that the
consequences of the felons should extend to the offender in the like
manner, whether lie was convicted by a jury, by his own confession,by sanding mute when arraigned, by a writ of outlawry, or in any
other legal way. But this Asst hail not a prospective operation,
and there were *event! felonies to which the Act did not apply.
His proposal now was to extend the principle of the Act of %Voltam
the Third to all felonies since created, so that the same conse-
quences may follow in all cases where a conviction took place.
Another improvement which lie meant to suggest was as to tits
present state of the law as it affected accessories before the tact
and accessories after the fact. The law as it now stood affected ac-
collieries before and accessories after the fact differently. In cases
of robbery the accessory before the fact was liable to be tried in the
county or town where the stolen goods were deposited or received,
or where the act was committed, but the accessory after the fact
could only be tried in the county whale the gonads were received or
deposited. The anomalous state of the law, as it related to this
subject, was brought to his notice a short time since, in conse-
quence of a very. daring robbery committed in the house of Lord
I;owper, in the county of Hertford, by eight persona from Lon-
don, when property to the amount of nearly 3,0001. was stolen.
The main instrument in this robbery had become an accessory after
the fact, and for some time eluded justice by the strange discre-
pancy which lie just pointed out in the law. Ile was first brought
to trial at Hertford, but it appeared that he had not received
any part of the property in that county. Ile was then arraigned
at the Old Bailey. where the name objection applied; and at length
it wan discovered that he had received (tome part of the spoil in the
county of Surrey, where he wits convicted after a great deal of
trouble, and after putting the county to a heavy expense. lie now
proposed to nowt cases of this description by assimilating the law
as it affected the accessory before the fact anti the accessory
after the fact. There was another case respecing which he intended
that some provision should be submitted to the House. In cases
of misdemeanor Judges had no power of awarding expenses to pro.
&motors. The prosecutor's expenses may be awarded in cases of
felony, but there was no power in cases of misdemeanor. This ob-
tion led hint to a most important consideration, to which he
had given the most attentive reflection, but upon which his bless
must be much more meowed before he should submit any specific
progosition concerning it to the House. lie thought our system,
as regarded criminal prosecutions, was very defective in leaving the
administration of public justice too much in the hands of private
individuals. Our system was such that the prosecutor of crime
was frequently liable to be influenfett by feelings of private re-
venge rather than of public advun'age. (Heitz, (tear, hear.)
Take for example the case of assault with intent to commit a rape
upon a woman in a low sphere of life, or, what was unfortunately
i too common, an assault of this nature committed upon a child.
In either case we expect the woman or the child not only to lay
aside all feeling of shame for the sake of prosecuting the offender,
but we also expect that the whole charge and expense of the pro-
secution is to fall upon the prosecutor or her relatives, who are
most probably very poor persona. Toe effect of this consideration,
joined to the effect of time upon feelings, at first vindictive and re-
vengeful, but .afterwartla rendered indifferent, in nine cases
out of ten produced a compromise where persons were charged
with the crime to which lie had alluded—assault with intent to
commit a rape. In the case of a public-spirited
who was willing to prosecute a public offender, the consequences
were equally injurious to the administration of justice. A case of
this kind was lately submitted to him, in which a most worthy and
nietitorious magistrate in Yorkshire was concerned. There could
be no harm in natal:lig him—he meant the Hey. Sydney Smith. That
respectable gentleman thought it his duty to institute a prosecution
against a constable on public grounds, and at the termilation of
the prosecution he found he had incurred execnaes to the amount
of MU. This case had been brought before him (Mr. I'M) not
connected with any demand for payment of expenses, for Mr,
Smith said that in his case it was a minter of no consideration, but
he stated it only for the purpose of showing what an inipetli.
relent the expense of prosecution &oust be in the way of public
justice. He had only thrown out his 141(1fs on this subject ; it was
too important to enter into more fully' at the present. lie did
.nut now pledge himself to produce any measure of the kind, but lie
was not at all sure that tine ends of public justice would not be
greatly promoted, and the administration of justice much improved
by taking the prosecution of criminal cases out of the hands of indi-
viduals, and transferring them to those of a public officer. (Rear.)
This was the case in So/sid, where the criminal was not left so the
. revengeful feelings of the prosecutor. There was another point in
which the criminal proceedings of Scotland were different front those
of England ; and is any case where the superiority lay with the for-
mer, he did not think any legislature would brand itself with a
badge of degratletion by borrowing teom such a sodrce. (Hear.)
He alluded to the power which the public prosecutor possesses, In
Scotland of restricting the indictment, so that in certain cases the
proceedings were not capital itt their consequences, transpor-
tation being the moritneni. These observations, he again ob-
served, had nothing to do with the measure which he had now the
honour to introduce, and he merely threw them out as points worthy
of sonic consideration. There was another great imperfection in
our Criminal Law, which was the facility with which guilty persona
escaped. A person prosecuting for murder may tonke a mistake is
the name of the'decesaed, et the deceased may have had seven or
eight surnames, and because one of those happens to be omitted,
the murderer escapes. The instrutoeut with which the niurder -was
committed, must also be described, though he could not conceive
what that had to do with the ;Judi, of the party or the offence.
lie thought too great scrupulousness and exactness upon those
points was only calculated to defeat the ends of justice. Of the'
None character were those exceptions by which an iudictment after
judgment nosy be set aside, because ri et artnis, or words equally
unimportant were omitted. lie did not see any object in retooling
these technicalities. There were high authorities in support of his
opinion, that they were useless and unnecessary encumbrances.
On this point he ehonld only select the authority of that celebrated
Juris-Consul, Lord Hale, who observed that ',umbers of persons
charged with licinnua crimes wcte acquitted becaitee of exceptions
alien to their indictments, which was a reproach to the law, a

shame to the kiegdsni,and an encouragement to villainy. Lord Hale's
language rosy reed as a preamble to a remedial Act on this rub-
ject, adding, and for the reformation of this overgrown curiosity and
nicety, be it further eisected. lie did not entirely join in his ad-
miration of the law only beraitae It gave the memos of escape by
mere verbal techniralihes. Ile was not one of those who could
panegyrise the law hecamme it allowed the guilty to escape, but be.
cause it facilitated the conviction of god., and die acquittal orinno-
cence. (Hear, hear.) Nothing could be more unsatisfactory to an
innocent man than to owe his acquittal to such verbal technicalities.
When he said that the best laws were those which give the greatest
facility to the conviction of guilt, and the acquittal of hosectnee; he
should have added on principles which cothl not be:Mused. Ile ehould
not like to see persons charged with crimes compelled to accuse them.
selves, as was the case in another country (hear). nor should be
like to see persona presiding take such pains to establish the guilt
oldie accused vs must disqualify them from charging the Jury with
perfect impartiality. It was better that many guilty persons should
escape titan that such a system should prevail. Av in what had
fallen fro ti hint respecting th,e4ropriet y of the public defraying all
the expenses of prosecutional yte vramswell aware that such a sys-
tem should he strictly guarded. We should not hold out an
encouragement to prouctnions. He very much doubted whether
any award of expenses should be made in cares of smooth. Ile did
I did not mink awards necessary when the punishment which
should be inflicted if the accused was convicted was venial. in no
cue, perhaps, should any award be given where the punishment
was nut as great as hard labour. The purpose of any such measure
must be to facilitate the ends of justice. Those gentlemen who
attended the Quarter Sessions could tell many cases of gross cri-
minal*, who had escaped from the inipnssibdity tf the prosecutor
paying the expenses. The Bill he was now about to introduce
clearly defined the power of Magistrates as to taking bail. The
power of balling rested on a statute of Edward I. the proposed Bill
would embrace all that related to that power, but it was no
a new law, its object wax only to assimilate the law and
the practice Perhaps it would be considered presumptuous
of hint, who had not the advantages of a professional edue i-
tion, (hear, hear, hear,) to bring forward a measure of this
kind. From his situation, however, he had the immediate super-
intendence of the administration of justice, every day lie had to
advise his Majesty ax to the propriety of pardoning criminals, and
he had daily and hourly opportunities of seeing how the system
worked, Perhaps, therefore, time House would not consider him
altogether presumptuous in having undertaken the first step to-
wards the improvement of the Criminal Code. If he had submit-
ted only his own cristle speculations beshould certainly be liable to
a charge of presumption, hut he bad the good fortune to be us.
sisted by summon,' of great ability, professional knowledge, anal mitx-
uerience. He was assisted by those who had helped him to prepare
his Jury Bill, with the operation of whieh the catun:ry had oo reason
to be displeased. The Bill wis reviewed by mahy of the judges and
submitted he believed-to them all. Mr. Justice Holyrod and Mr.
Justice Bailey had kindly devoted their attention to the surseute,
and the public could never be too much obliged so the Chief Justice
for the tufo! sdggesttons received front hint. In contradiction too
vulgar prejudice which was abroad on this subject, he thought him.
self bound to state, that he had never applied to any member of
the legal profession without experiencing the most unecrii.
vocal evidence, that it was the anxious desire of that pro-
feesion to rill the practice of the law of all useless tech.
nicalitiea, and to free it from the obscurity in which sonic
particular points were necessarily involved. Thus much het
thought necessary, in contradiction of the vulgar prejudice tha
lawyers thought they derived some advantages from retaining use-
less technic:attics. His experience convinced him that the con-
trary was the fact. He would allude particularly to Mr. Hua i.
who had devoted his time and talent to this subject; and he may say
that every member of the profession with whom he had any means of
communicating, seemed most anxious to clear away the impediments
and dissipate the obscurity or our system of criminal jurisprudence.
He had no other motive to the introduction of glow Bills than that
of &mending the criminal laws ; he had no other desire than that of
availing himself of the high official station which Ire had the ho.
sour to hold, in order to confer a pefmanent Improvement upon the
country. (Hear, hear.) If lie had any personal feeling upon the
subject, it was only that just anti laudable ambition (hear, hear.)
which actuated him to associate his name with a measure of such
national importance as the consolidation of the criminal statutes of
the empire. (Great cheers.) The Right lion. Gentleman then
moved for leave to bring in a Bill to consolidate and amend the
lava relating to larceny, embeszletiment, stealing, receiving stolen
goods, and such other offences as are cognizable by the laws of
England—and sat down amidst continued cheers from all parts of
the House.

. Sir M. W. RIDLEY stMl that the Right lion. Gentleman had
pointed out in the course of his speech the measures which it was
his wish to accomplish, and although he would thereby confer a
lasting obligation on the country, still he was of opinion that he
ought to extend the system of consolidation to the statute law, a
task which, however difficult, was yet within the compass of his
powers There was a law regarding the exportation Of horses
which required some sort of alteration. The original law pruhi.
bited the exportation of horses altogether. A subsequent enact-
ment permitted the exportation upon payment of a duty, but with.
out repealing the former law, so that in point of fact both were in
existence. There was also a law passed some years back, for the
purpose of regulating the postage of letters to the Cape of Good
/lope, into witch a claitse was introduced for the parpOse of ren-
dering free of postage all petitions sent by poet to of Par.
lisment, for the purpose of presentment to that House. Surely the
Right Hon. Gentleman would admit that such statutes required
something to he done in the way of arrangement and consolidation.
Mr. N. CALVERT said :hat he .had never listened to a
speech with greater satisfaction that, he had felt while the Right
lion. Gentleman was addressing the House; and he felt con.
vinced that the cause to which he was tirecting the best energies
of his mind, was one which could not fail to reflect immortal
honour upon his character. (/tear, hear.) There was, however.
one subject to which he hoped the Right Hon. Gentleman would
direct his attention, as connected with the penal statutes of the
kingdom. Under the existing laws, if a man took care not to
commit any capital crime, he might go on for a length of time
in a Mast mischievous career. They were punished, it was true,
by being sent to prism or to the Penitentiary ; but it was a well-
known fact that, so tar from coming forth upon the world as re.
formed characters, they in most instances left those places of
punishment ten times more depraved than when they were first
sent thither. Ile thought, for his own part, that every, man con.
victed of felony should be transported; and in proportion to the
magnitude of the felony, in such proportion should they be
punished by minor gradations as to time. By the present mode
of acting, persons who were guilty of repeated felonies were still
retained in the country, perpetrating their felonies, and also cor-
rupting the rising generation. With respect to defraying the ex-
penses of tl, prosecution in cases of felony, he was of opinion
that such a measure would tend to the diminution of crime;
and he also thought that those expenses should be paid by the
public generally. and not by any one elms of individuals.
Sir R. WILSON said that the Right Hon. Gentleman would
render a most important service to the country by the Bill which
lie was then about to bring before the Legislature. (Hear, hear.)
There was, however, one omission which he wished to point out
to the notice of the Right Hon. Gentleman. lie was aware that
they ought not to legislate upon particular cases, but the crime to
which he intended to call his attention so materially affected the
happiness of so many persons, that he was sure he world think it
well worthy of his moat serious consideration. The crime to
which he alluded was that of child-stealing, for which there was
no punishment, as he had been informed, although it was true that
the person who stole the child might' be indicted for stealing its
clothes....(Hcar.hear.). . . _

111 r. DICKINSON hoped that the Right lion. Gentleman, if
he was resolved that the costs of prosecution should be defrayed
in cases of felony, would not propose that they should be paid
out of the county min, in the present distressed state of the landed
interests of the cluntry.
Mr. C. WILSON rose for theipurpose of testifying his gratitude,
in conjunction with the general feelings of all who had heard the
Right Hon. Gentleman, for the benefit which he was about to
confer upon the country. With regard to defraying the costs of
prosecutions, he thought it might be productive of evil conse-
TlelleeS to do to in all instances: and perhaps it might not be
right to leave the matter discretionary with the magistracy. The
better plan would be to point out the line of demarcation between
those eases in which the coats ought, and those in which they
ought not, to he defrayed.
Mr. LOCKIt ART adverted to the peesent system of criminal
jurisprudence, rhich does not permit to a prisoner a copy of his in.
dictnient. It Ives true that prisoners were allowed to see it, but
that was a men: matter of courtesy and not of right. lie was of
opinion every prisoner shook, be given a copy of his indictment,
and that at as turfy a period as possible bafote hiatrial. Ile thought
it would materially tend to diminish the number of crimes if a coo-
stahulary police were set on foot with some share of the ancient
power which a constable was vested with. Constables of ancient
times had several of those powers which were now exercised by tha
magistracy ; but he did not wish to reinvest them with such
power, but merely to enable them to detain persons in custody until
they could be brought before a Magistrate. Crime had increased
twofold in the country, while it haul mat at all increased in the me-
tropolis, which was chiefly to be attributed to the police establish-
ment which was in operation in Landon. The increase of crime
might alto be attributed to the fact that in the country part* of
England the authority of parents was materially lessened by the
intervention of the Poor Laws. (Hear, hear.) lie was of opinion
that such a system of police as that to which lie had alluded might
he adopted beneficially for the cuuittry, without at all infringing on
the liberties of the subject.
Mr. ABERCROMBY said that it was unnecessary for him to
say that he cordially agreed in the eulogiums which had been
poured upon the Right lion. Gentleman for the great improve.
ments that lie meditated. It was a subject of the greatest import-
ance—a subjert winch had engaged the attention of the greatest
men whom this country had ever produced. (Hear, hear.) He
entirely agreed in the points noon which the Right lion. Gentle-
man bail laid the greatest stress. Indeed lie believed there could
not be found in that house • single dissentient opinion ; all must
agree that nothing could be more Important than to render the law
accessible to all. and that he believed was the mein object of the
Right lion. Gentleman. lie felt the greatest aatislection in think.
ing that lie had lived to see the day when • Minister of State bad
' risen in his place to call the attention of the House to the criminal
code of the country. (Hear, hear.) There were doubtless many
persons then present who could remember the opposition which was
given to a small alteration in the criminal code when proposed on a
former occasion by an Hon. Gentleman now no more (Sir S. Ro.
'Dilly). Then it was declared that such a measure was wild and
impracticable, and calculated to effect all manner of contusion in the
administration of
,justice. At the present period, however, he re-
joiced to see a much larger alteration about to take place, and with.
out the slightest appeatance of apprehcnsion as to its result. Wear.)

When the Right lion. Gentlemen had stated a eerie; of i
farm, it became him to weigh well if the mere ermounc""allev
seal: "Pfrenh ae,": ee 'l3„ "r's nialael".:l4lc rapo'inntwoitalS4kel::PPeovtiwr:fbnjili:nto:wtrt;:len"'friti::Prebe.Yreeniurgt ramtsthritiitin7B:l:-
these facts was not a proof that the law wee defective, arie ere,m-it
capit
even further revision titan that which he nropmed to earl,l
eperatlon. The Right Hon. Gentleman had eyed that wICe
wished to know the number,, but in
thui
sop/ n
the curiosity
public t that
right
ue u
should he entertained that such a number were eitetettedu , g 1,4
unfounded charge might be; alleged seeinet the Ministry )CZ (
hear, from Mr. Peel.) He was well aware that the number
cured was comperatively very small, but he put it to the 11ew. whether the very ctreenteteectoi of the /montane!. di preperiu. L-•-•
tween the number tienvictetl and ponisher.l was not a proof et''
imperfection of the law. It was also well worthy of consitierL„.
how notch of the increnee of crime was attributable to the f,
TAWS. These letter were a chute of crimes which called for the e;
serious attention; and he was sure that if the Right Han. (4„1"'
man made implies, Into the subject, such inquiry could Dot
hai
lead to en alteration of thnee laws. lie could not conelede witto'
expressing a sincere hope that the present Bills were only
ginning of that which the Right Hon. flend)eman Intender) I
effect. He sincerely hoped that he intended to carry his meek;
mach farther, and he could assure him, while concurring ill
propriety of what be had already done, that in his efforts to reeitl7
date and amend the criminal jurisprudence of the country, btu":
meet with nothing in the shape of hostility front the Rae Biro,
Sir J. SEBRIG UT said that a large Proportion of the trim
the country was to be attributed to the present system of (;awl
Laws. Those persons who were in the habit of Klieg
trates in the country must be well aware that the fuel other.
almost criminal was that of poaching. (Heer. hear.)
Mr. SYKES warmly approved of the measures which the eon
Honourable Gentleman was about to bring before Parliatnesi,
Nothing could be more abmrd than making the eteellng of memo
a felony, an offence of which few Members in that Hotue had re
beet. guilty. He was afraid the vesting a diecretionary power
av
the Magistrates to grant costa would tend to encourage ttifling,
vexatious promecutions.
Sir H. CH ET W' YN D amid, in caste of emelt for the po
rpow
of violation or felony, it would bee peat hardship to call qv,
sufferers to pay the expense of the prneeeutirwt. it was hove;
necessary, in the present state of the landed interest., there
Right Honourable Gentleman should be cantinue nethrovees‘
Cher burden, upon that species of property, by causing these ,
penses to be paid out of the 'flinty ',at,.
.With 11*p, Sp ihu
had been said by an Hon. Member teiir R. Wilson) as to Olathe*
no law tei pettish clultlottealieg. he begged to observe ist test
Honourable Gentleman ass neetipfnrmed upon the *abject. Then
was a recent nature, panted ia.ahei fletlnfltn. TIT- by which the
offence was invii4lol.le as a grand larceny He made this obsetra
deco biome he should be surly that it should go forth to the pablie
that there was no legal punishment fur such a crime hi-child.
stealing.
Mr. CSTCOURT was of opinion that the present Neuss
crime had reference to the mate of the power clams of wain)
and it would be therefore absurd to legislate upon the idea the it
Wan the state of the laws which led to criminality. With repro
to the toots of proenotion, the proportion paid at przsent was ter,
tainly very small, and in a improvement of the law he hoped:
specific sum would be stated ,Ile also hoped that those costs weal
bet paid out of some other fund than the County Rate, which rn
Levied upon one species of property only, which would be eked
unjust—particularly when they bail another to restart to, eh)
could with more fairness be appropriated to the purpose. fte
luded to the general tatter of the country.
Me. Alderman 'MIDGES mode some observations se to
manner in which children in the metmpolis are suffered to t
about the streets and p)ck up pernicious habits ; but we could I
distinctly hear the IVosthy Alderman, owing to the noise is t
body of the House.
Mr. Secretary PEICL said that he was nut exactly aware bow
could prevent little children from running shout the streets;
if he should undertake such a task he hoped the Hon. :limber
would ;mkt him. (A laitch) He could assure the House thAt
every provision which cools render the Rifle valuable—that every
suggestion which might be otrered to render them of greater utilitj
to the public. should nicer with from him the most anxious eaasi.
deration. !fear, hear.) Ile would also assure them that tiny
precautionary uleAsure should be adopted to avoid granting cosair
improper cases. Ile certainly entertained an opinion that if •
out of the public purse C.o.e costs might be greater than ._
checked by the comingeht circumstances of locality. In sapper,
of this opinion he might allege the fact that at the Min.! I,'"'

costs were invariably uiiich larger than where they were checked
by the magistrates, alto had constantly in their minds
wholesome recollection that they were themselves parties to
payment of them. (Hear, hear). This however was Mime:
a subordinate consideration. With regard to proceeding
Cher than the present Bills proposed, he wished to observe, .
the success of the plan he proposed depended in a great measure
upon proceeding cautiousiy. There was a greater difficulty .‘
could well be imagined in superseding one set of laws for the ,
pose of introducing another, however superior might be those
traduced. In proof of this position he would cite the Jury i
(hear, hear), and lie was sure che House could form no concept
of the sorrespondenes which had taken place from all parts of
country upon that Bill--a Bill the provisions of which were
and intelligible to the commonest understanding. This showed
that to introduce reforms too hastily would be to create centiliter
and to risk the defeat of the object which he had in view. (He
hear, hear.) If the House took for a moment into its consider.
the laws which have already pasted relative to the modllicati •
the laws of the country, they would perhaps think lie was pt.
jag in the plan which he had undertaken with sufficient rap
(Hear, hen.) There was one subject, by no means unimp
which he had forgotten to mention in the course of his sport,
had neglected to state that it was his intention to provides real
for the evils resulting Isom the operation cf the law triar,•4l
the estrcats of recognizance.. (Hear, hear. hear.) lle lull in
hand a petition from a person in Shrewsbury gaol under the
lowing circumstances t--In the year 1818 he was bound to op
at the Assizes as a witness in recognizances of 12/. Business
vied him to London a short time prior to the Assizes, and of
return he got lame upon the road. Ile arrived notwithatandit.g
the day on which he was to make his appearance, and resit:
during the entire day in tile hall of the Court, hut was not el
his evidence being deemed unnecessary. Vet five years afterra
this man was arrested upon the catreat of his recognizance
thrown into prison. (Hear, hear, hear.) This untortunste I
wits 74 years old. (Hear. hear.) One of the objects which be
posed to himself was effectually to prevent the recurrence of t
lamentable circumstance*. (Hese, hear.)
Ale. CURTEIS said a few words, which were inaudible in
Gallery,

After'which leave was given to bring in the Bill.
Mr. PEEL then moved for leave to bring in a Bill to Amend
the bawls relating to Felony, and the punishment of accessories,
and also for the payment of the expenses of prosecution.
Leave given.
STEAM-VESSELS IN SCOTLAND.

The LORD A DVOC.ITE mae for the purpose of bringing the
the subject of Steam N..vigation before the attention of the h Ouse.
Numerous accidents had occurred in the mismanagement of the
vessels which were impelled by the power of steam in Scotland,
and it was desirable that some mode should be adopted to remedy
the m►ny fatalities which had happened in consequence of the n-
rors of those persons who had been entrusted with the superin-
tendence of the steam-boats. It was indispensible that those who
had the guidance and tfirection of the steam-veesels should rosiest
sufficient knowledge to secure the lives of the passengers, who re-
lied for the safety of their lives on the science and fidelity of those
persons who regulated the movements of the ships by means of
steam. The Ilembers of that house must be well aware of the
fatal events which had occurred In consequence of the negligence
or ignorance of persons to whom such important manna es iovolred
the lives of many unsuspecting passengers were confided. There
should be some mode instituted for the purpose of preventing sup h
dreadful fatalities as that which had been witnessed in the Vlyde•
It appeared to him that some remedy could he easily devised infhl‘
respect. If a course of signals had been adopted in the iintance to
which he had alluded, those unfortunate persons whose lives weft
sacrificed would have been preset:ed. Ile should therefore move
far leave to bring in a Bill to Regulate the Navigation by Steam of
vessels in Scotland.

Mr. HUME had no objection is the principle which had bcro
introduced by the Learned Lord; but he thought that iegi,lengt
should not be called on to relieve particular cirtumstances. when
the application might have been made general. He could ant
conceive why the adaptation of the measure should not be eter.ecti
to every cue in which vessels were acted on by steam. 11 by ni.t
prevent on every occasion the loss of lives if the benefit cowidshe
derived in any particulat,instance? He saw no uetaaiva for =kg*
an exception in the rule.
sir 11. PARNELL perfectly agreed with the principle of the
Bill, which be thought called for by all the instances which had
occurred train its omission. Tiwtsc calamities were indeed ea•
merous, but they were not confined to. Scotland. lie WOO bony
that several cases had occurred in the Dublio attain navigation d
similarly disastrous nature to that which the Noble Lord adduced
in the preface to his motion. He dal not apprehend any opposition
would be made to the measure, as the principle had been recor
need on various occasions_ by the sanction of Parliamenr. Acts of
Parliament had been made to regulate, under security of the
persons concerned, the property In all vessels which foundered.
The principle had been referred to mail coaches, which were,
not paid unless the arrival of the goods preceded the demand of
payment. It was, in his opinion, necessary that penalties should
be inflicted where the security of what was trarsmitted required that
the owner should have some certain rule by which to determine the
risk of the conveyance.
An lion. 1,1 EMBER, whose name we could not learn, said OW
he agreed in the object of the Learned Lord who made the motion.
As he understood it, the measure was intended so to operate that
vessels on the ',larboard should give way to those on the larboard,
and lie thought that this wu a desirable mode to prevent a repeus
don of such accidents as that which had occurred in the Clyde.
Admiral HARVEY defended the principle of the itaxierli and
was cialy sorry that its sphere of operation was so limited. He
was anxious that it should be more general, as in that ease it
world be productive of more good.
Mr. SYKES thought that the measure involved a violation of
the principle of free trade, with which the House bad already `a
unanimously concurred. The motion of the Learned Lord was an
interposition not sanctioned by the feeling and judgment which had
already adopted the free trade sstem. He did not see what it.tht
there was fur an interference o; this description with the rights of
the owners of the vessels. It was his intention to oppose me Bill.
The LORI) ADVOCATE explained.
Sir CURISTOPHER COLE thought that the accident which

had taken place might have been easily prevented if a regular sig-
nal had been used. Nothing win more easy than to obviate such
fitjuccunenve. by the timenditure of a light, and if a Mode so
adesp.and no free from difficulty,were rot act:tied to by Mon whose
outset advantage required it, lie did not think 4hat the innocent
„toad be included in the consequences of their obstinacy.
Strangers being ordered to withdraw,
6eeretary CANNING rose during the confusion, and was
put distitarily heard in • few observations which he made. We
andentood the ROI Hon. 00,1110111 m to say, it was advisable
that the Scotch people should be disabused of a notion which
„clod prevalent its their country, that the lows of their lives was •
matter of no consequence to the legislature of Great Britain. ( A
Imo.) A catalogue of the grievances which Scotland suffered
from its connexion with England had been lately published, and it
oss desirable that the House rhould not on the present occasion
swan opportunity to increase the list. (A laugh.)
bk. 008ii0CSII did not think that a case had been adduced
se justify the adoption of the motion. lie did no' know that any
auk as. laid down by which accident* in future could be prevented.
As well might a pension walking in the streets be directed to move
to ow eight or to the left with the intention of preventing a collision.
with those approaching in an opposite direction, as to ordain that
"dela should proceed in the manner winch had been specified.
trhaterd the convenience of parties suggested in either case would
be (allowed notwithstanding all •he restrictions which might ire m-
ilitated. An to what had been said by the Right lion. Gentleman
(ir.C,aniiing) he did not feel that it was satisfactory on the °c-
anoe.
The House then divided, when the numbers appeared....
Fge the Motion_ . . 78 Against it . . 26

• . -
Majority . . 4s.
ADMINISTRATION OF JUSTICE IN IRELAND.
Ins returning to the gallery we found
Mr; SPRING RICE alloying for leave to bring in a Bill for the,
better Adminustration at Justice in Cities and Towns Corporate id
Mr.GOMBURN did not mean to oppose the introduction of
0, iko. In almture stage it might be necessary to are that its
provisions did not interfere with the rights of Corpormions in
Ireland.
Mr HUTCHINSON wished that gentlemen might have a full
oppwonjt, to 'sprees their opinion., and to give any oppoaitlem
whim they`might deem fit and proper to the purposes of the Bit
Perhaps his Hon. Friend would not las we tIlltitTot041(1 the
Gentleman to say) prey the Bill at the present pentad. It would
ba well to look to the state of Ireland.
31ARTIN. eif Galway, thought •.hat the Bill Pooh' lie pro-
gamier nil great benefit. He knew that there were gnat &bairn in
claregieustion tat freeholds, sod he thought this would be an are.
um) evitioly. Oa a motion a few days since he had been !Maus-
detateud. He had been made to charge the practice of an abuse on,
an Individual, but lie said no such thing. He wily said that the
toil, had here reduced from 714 R. to lOW. per annutn.
Mr. PRANK LAND LEW IS objected to the principle as a
general application, but did not disagree in the necessity of its re.
terrace to Ireland. The rash of England and of that country were
widely different. He also knew that in Wale', where he Wall ac-
quainted, there was great difficulty in the resisting of freeholds.
It wee difficult to provide Magistrates for the occasion.
Mr. WARRE was anxious that something 'should be done for
the pure administration or justice in this respect. He trusted that
tie onncipie of the Bill ahould be made applicable to Scotland, for
ti it were found to he advisable for Ireland, he thought that it must
be good there, and perhaps ultimately in this country.
Mr. SPRING RICE explained, and leave was granted.
NEWTOWN ACT (IRISH STATUTE).
Sir JOHN NEWPORT P%ill that he rose for the purpose of
mining a repeal of the Act II Georg., 11. e. 10... 8. There was
an old law pound in the 11th of Henry VII. whereby the right of
voting in cities and wrens in Ireland was limited to Protestant free.
holders resident in the city or borough. A clause hi the Aet of
George thcSecond to which he had referred, made an alteration
in this respect and from the difficulty of getting a sufficient
number of Protestants an extension was made to those who
were not resident in the respective placer. This was dune on a
'appointing of the impossibility of procuring a requisite number
of Protestants in the borough. But as the practice was now at
variance with the original principle, lie did nut think that there
should be a continuance of the prevent mode. lie thought that
permits should be obliged to he resider is of the places for which they
voted. At the time this law was pasted, continued the Right Hon.
Baronet, the Test Act was in toll force, and the Catholics laboured
under numerous and oppressive disabilities. Many of these were
removed by an Act petard in 1780, and in 17,13 the Legislature
thought lit to repeal the Teat Act also. Catholics then became ad-
missible to most of the corporate offices of towns ; the state of
things in Ireland then was very different from what it was at pre.
sent ; and since there were previous statutes to regulate the right of
voting,• he thought it ought not to remain in the staute book; the
inconveniences of that Act were felt severely in the North of Ire-
land. In Behest, for example ; and he believed in Dundalk and
Newry. It ought to have been removed long since from the statute
book. The Riffht lion. Baronet concluded. by moving ter leave
to bring in a Bill to repeal the Act 21 Geo. I t. cap. 10. sec. 8.
Mr. GOULBUEN said he was sure that the House would be-
lieve with him, that it was unnecessary for the Right Honourable
Baronet, when bringing forward this motion, to disclaim all in.
terested and party motives. But he could not concur with the
Right Hon. Baronet in the propriety of this measure, which went
to curtail, Matelot of extending the elective franchise. The Right
Hon. Baronet had said, that because in the preamble of • statute
passed eighty years ago, reasons were stated, founded on a state of
things which had since poised away, that, therefore, the *astute
ought to be repealed ; hut that was NO broad an assumption ; it
would justify us in repealing all old statutes ; hoe it appears to
Lim that that statute yea founded on good reason!. the question
between him and the Right Hon. Baronet was simply this ; whether
toe-resident voters should, or should not be excluded. It struck
him that the question was not confined to Ireland t for if the House
would say that non-residents in Ireland ought not to exercise the
right of voting, would not the extension of that doctrine to Eng.
land follow as a natural consequence. But the reason of that privi.
lege would be obvious enoligh, if we were to look at the origin
of the franchise of boroughs. In former times those places
were populous, but afterwards, as the population decreased, nr
frinn other causal. the principal inhabitants naturally preferred a
residence elsewhere. Then ensued the difficulty of finding, not
Protestant so much as respectable residents in them. On that ac-
count the Statute of 21st Geo. 11. was pawned, in order to put the
elective franchise into the bands of a superior and better-educated
class of persons. The reasonableness of the Statute lie thought
was sufficiently evinced by this account of its origin. But he had
other and stronger motives to resist this Bill. The House was
culled on not merely to repeal the Act to which the Bill referred.
He advised the House to consider the consequence of their acqul.
menet. The Act of Geo. 11. said •• that the franchise should not
tie called in question, because the voterlwas non-reside it," to repeal
,at Act then would be to disqualify toe p-esent voters, without
Ab•tituting any others in their stead. Ile appealed to the House
if such would not be the consequence of the prop wed bill. Such
an itnufereace with the right of voting was peculiarly ill-timed
h•w, when we were at the eve of a general election. It was a
question of the greater; importunce, and which required the ma.
turret consideration. He would not oppose the bringing in the
bill, but neither was he pupated to yield it his acquieieence.
Mr. SPRING RICE said that the repeal of the Act, could
not disfranchise those who had held the franchise six years, as they
were protected hy subsequent statute..
Mr. PLUNKET said he felt himself in duty bound to express
his opinion on thls bubject. He did not believe that his lion.
Friend who had just eat down haul succeeded so completely as he
imagined in proving his Hon. Friend . (Mr. Goulbeen) it) the
wrong; the question was not a question of opposition between
the Act of George 11. and the eximingcharters of boroughs—the
question was truly that of the opposition between the Act of 10th Henry VII. which remernieW the exclusive right of resident
burghers and the Act of Clasp 11. which extended that right te
too-residents.

Mr. SPRING RICE.—The Act of Henry VII. mentions only
cities and great towns.
Mr. PLUNKE i• thought be was substantially right ; after that
Act dm chartm ellich were gran.ed applied the same provisions
to borough towns, but they were found inconvenient, and In con-
sequence the statute of Oen. 11. did away with those restrictions
which were considered at the time to be unconstitutional. for they
di operated in re.trainiog the elective lksnehise attempts had been
made to circumscribe it also by applying limitation,' to the persons
elected. He would not go into to the history of those restrtctiuns,
it was sufficient to, say that the legislature under George
thought tit to repeal them all. In this state the law had remained
during seventy years, and many persons in the mean time had ac-
Buired the rights of franchise ; but the Bill of the Bight lion.
aronet wee of a vetrospective nature, and went at once to destroy
those eittublislierl rights. It was provided, by the Act of Gee.
that no franchise was liable to be impeached for non-residence ;
tut this measure would at once render them all impencheble. It
was true that some persons who had been some time in possession
of their franchise would be protected by another statute.
bit yet he believed that Parliament world pause before
they sanctioned such charges on the very ere of an election.
is would be making the experimen at the most inconvenient crisis,
and it would be injustice to persons who were at present calculating
1,4 the 'lumber of existing electors. But there was another poin•
which he would offer to ;he attenthei of the House ; that Act
of George the Second had existed bit ears previous to the Union.
At that period, when besides those for counties, some 3lembers for
boroughs also were preserved, it 'bight easily be conceived that all
these circumstances were taken hit, consideration and arrangements
made accordingly. He therefore objected to this Bill, not only as it
was introducedat a bad time. and because the principles of it were un-
coostitutional, but also because it was contrary to and ineom.
patible with the arrangements made at the time of the Union. It
had been said that a similar Bill had been introduced by the
Member for Winchilsea, but that was a bad argument, as the Bill
alloded to had been thrown out. As he could not agree, there-
fore, with the principles of the Bill. nor admit the expediency of
its introduction at the present moment, he should oppose it in its
li .t stage.
Mr. R. MARTIN said that the history of the Act 21 Oro. 11.
was most diagsaceful. An individual who had consultable in-
thence In the Irish Parliament, thought fit to swap a borough in
Me west of Ireland foe one in the north. He believed Newtown
Limavady. Aad finding the law which required the residence of
voters to intefere with his domestic arrangements, he betook him-
self to his Parliamentury interest. but Instead of' limiting his ar-
rangements to his own borough, he used the general ward in order
lo cover the fraudulence of his proceedings, and to make the busi-
ness mote palatable to Parliament. Such imetuture would not be
t..lersied in this country, then why should ii be suffered to exist in
Ireland. The proposed Bill would affect not an invasion, but
a restoration of tights. It would reduce the election franchise to its

original condition. All the objections urged agninat it might bo
avoided by Introducing a peovino for the preservation of tutting
' tights, acid by positioning i.a opeaniinn to a period at some distance.
It was usual usual to impute interested motives to the'Metribela led
Ireland ; but lie taus sure that be hail no interest hi the proposed
Bill. It had been unanimously agreed by all the Judges in
the erroneous court. ee mutt of error (laughter.) that the Art of
()es. 11. did not extend to Galway ; it was therefore evident that
'he had no personal interest in the measure before the House; Hui
as the House had permitted the flormorable Alembcr for Winithel.'
sea to bring in a similar Bill, he hoped they WORM extend the:
same favour to the 31ember for %i'atpthird. The Bonourabletilerw
tleman reprobated the growing practice of refusing leave to bring
in Bills. At the dame time that it was thmight criminal to pick a
pocket, it was called petty legislation in ptaMsh the man who cut
the tongues out of living animals. (Laughter.) This might be
called petty by others, but he would persist in calling it laudable
The Honourable Mr. HI TeiFINSON said, that he wnuhL not
oppose the bringing in the• ROL although in his opinion it was
highly objectionable, a. nn elfcet would be the disfranchisement of
the present electors. Ile hoped, therefore, that his Right Honour-
able Friend would give all, parties an opportunity of supporting
their rights, either at the Bar of the House, or in a Select Commit.
tee above stairs.

Sir JOHN NEWPORT replied, and declared his detarmintion
to withdra'w his motion.

Strangers were ordered to withdraw. and a division took place,
For the 4otion 38—Against It --31ajority against the :110..
don

On our return to the gallery,
SU JOHN NEWPORT was addressing the House; he said the
object of his Rill was to restrain the power of Bishops to make
unions of patishea to benefit their relatives and dependents ; another
object of the Bill was to compel cattlemen to reside on their
livings. There was a difference between unions formed by the
Privy Council and those made by Act of Parliament. A case
en-
isted in !which • Bishop had formed sir unions of parishes in one
county in favour of his own Chaplain. It was evident that such
gri.stemismanagemeot required correction, and lie was sure no one
coulttdeny that some legislative enactment was called for. When
the qininion was before She House last year, the Menthe, for Louth
stated a lector a union of parishes, which was worth Intention ; there
was a whereof five parishes. The revenue of the Mat was 67K
of the second 283/.; and of the third 271 f. ; of the fourth 7201. •
and the manual value of the Sikh wan greater than any of die
other". Auothee eject of the Bill etas to testrain the granting of
heeuses.tispersens possessed of 38W. pee annum to accept of any
utbet living; and if he obtained any other of greater value the first
should ipso Rico be veld. 'lt could not be proper, in his opinion,
dim a person should be appointed to • situation the duties of
. whit* he .eouid not perform, which must be the case when lie had
so mane to mend to. As the House had no subjection, he wee Id
move tot leave to bring in a Bill to prevent Episcopal tinfoils
in Ireland, and to restrain the granite:: of dispensations.
Ale. IiOULBEIR,N said that he had no oniection to the Bill;
in feet it only anticipated a Bill which tie had himself intended to
introduce, to restrain pluralities.
Leave was then pawed to bring in the Bill.
PRIVATE COMMITTEES.
Mr. LITTLETO:si said he would submit to the House certain
resolutions relative to the appointment of Committees on private
bills. He hoped his coming forward with those resolutions would
tiot be adduced as a proof of arrogance In hint, or that he felt him.
self more competent than other Honourable Members to perform
what he had undertaken. He did not regret that the subject had
' not been finally diepneed of when it manic before the House last
Session ; the interval had afforded hi:n time to pin information,
and to reflect on the 'subject. It si as, however, his intention to re-
tain the greater part of the resolutions which had been then brought
forward. The regulasions for forming Committees were made
upon the authority of the Speaker, about twenty-eight
yenta ago. The object of his resolution, was to form com-
mittees of Illentbers for cities and counties adjoining the
object to be carried into effect. Of those Members who should be
appointed on the Committee, one half should be from the counties
adjacent to the object (suppose • canal) which was projected, and
the other half front the counties more remote. if any one lord fear
of partiality in any Member, it was competent for hint to strike off
his name: and that those emuniititues should be formed like com-
mittees of privileges, the Members should be chosen by ballot.
Though he did not deprecate discussion, be thought it better nut
to enter into the subject at present.
Lord A HAMILTON thanked the Hon. Member for intro-
ducing the resolutions, because public opinion was prejudiced
against private committees. •

-After 's
few words trans Lord Althorn, Mr. Stuart Wortley, and
Mr. Greaten, the further discussion Max adjourned to Wednesday
nett.

LAW OF FORGERY.

Ur. MARTIN poqponed his notice relative to the law of for-
gery, which ',twirl for this day. to Thursday neat.
SUBLETTING OF LANDS IN IRELAND.
Mr. GOULIBURN obtained leave to bring in a Bill to amend
the law of Ireland respecting Bin as.ignment and subletting or
lands and tenements in Ireland.
31r. GOULBIYRN moved for I.ave to bring in a Bill for the
better regulating proceedings on waits of 3landamus in Ireland.—
Leave given.

GRANT moved for a ,elect Committee on the butter
trade of Ireland.

After a few observations from 31r. Ilt-TCHINSON and Sir 11.
PAHWLLL, a Committee *as appointed, live of whom should be •
quorum.
Lord J. RUSSELLpostponcd his motion, which stood for due. 'a
by, to Monday nett.
SCOTCH JURIES BILL.
The House then went into • Committee on the Scotch Juries
AA which being disposed of, the House resumed.
BASIL CHARTER A3IENDMENT HILL.
On the second reading of the Bank Charter Amendment Bill, •
hlr. JOHN SMITH said that, a more absurd and undigested
measure sever wept through the House than that now under con.
sideratipn.
Alf. HUME said he could not commit himself to the principle
of the bid by allowing it to pass unnoticed ; he objected to the
clause which prevented banks consisting of less than six twiner.,
within a limiter( distance, 65 miles, from dr.swing on London.
Mr. HUDSON OURNEY said that the bill was a copy of the
pettyfogging bill passed for the Bank of Ireland, and was entirely
unwevilty of the Bank of England.
Mr. HURRIES did not mean to press the bill then ; its prin-
ciple and dews. could be better discussed in the Committee.
The bill wss 1:.:11 reads second time and referred to a Committee.
The other orders of therlay being then disposed uf, the llouse
adjourned at a quarter before twelve o'clock.

MINORITY

Of 89 who voted for SIT .1. honvportc/Illi l aloof Non.reotdont Vote,* In

...
certain* itiarouglas lu Ireland. _
Anion, Hun. O. Howard. Henry Palmer, C.'L Annabel& J. C.
Allen, J. A. Hume, !carpli Palmer, C. F. Staunton, Sir G.
Althorp, Vise. Hamilton, Lord A.Pernell, Sir U. Smith, John
Raring, Sir T. Heron, Sir R. Poynte, W. Tierney. Rt. Hn .0.
Renett, J. Ilobbouse, J. C. Phillips, 0. jun. Williams, Wm.
Calvert, N. !luta:hisses, Hon. Newport, Sir John Wood, Aid.
Colborne, R. Hely Ridley, Sir Id. W.
Olinda.. Thee. Knight, Rohr. Hobart*, Col.
Fitsellabun,lfu. Martin, Richard Rickfard, Mee. T. S.
Graham, Sir 14. Macdonald, Jas. Ituniell. Lord J. Grenfell, P.
Gordon, Mist. Musick, J. B. itubl•men, Sir U.