The British Press; or, Morning Literary Advertiser.
London, England, 1821-05-24 00:00:00

METROPOLIS ROAMS RILL.

Sir JAMES GRAHANI presented a Petition from the le.
habsiansa or Kiibureo, au.dust the Metropolis Roads Bill.
Mr. IIY NG presented several Petitions of a simile.. Intim.
_ These Petitiou■ were ordered to be laid on lb. table.
CRIMINAL LAW.

Mr. W. SMITH presented a Petition from the Dissenting
Clergymen of the three Congregations, praying fur a reel-
mon of the Criminal Cede, mil a reduction of the number
of Capital Offencm.
Mr. DUGHA I.E presented • similar Petition from the
Inhabitants of Birmingham.
On the motion for thtv Petition being laid on the table—
Sir J. MACKINTOSH rose and said, the discussion oa
several Bills introduced by him, which had for their object
in part what 1.1311 ;ward fur by these most rev/amiable peti-
tioners, having bunt fixed for that evening, lie would take
that opportunity sat reque.ting of his Noble Friend, who had
given mute of a motion for thmt evening also, to postpone
his motion, is woke that the Bills in question, which cm-
braced so object of such vast importance, sad concerning
which m much 'Niteroi bed been excited, might not be 'ob-
jected to say further delay. He was folly sensible of the

.~

• -A Cite datioossof his How. trieed
having referesice to some alteration in the criminal law, he
would take that opportunity to complain of an alieraligo
wh eh had lately talon place, in the practice at least, of the
criminal law, which be could mit view but wills corial.
amiable alarm. He meant that of leaving the exercise of the
power of prosecuting offences against the Commotion is
Church mid State, which if not the exclusive hie
Hon. and Learned Friends the Attorney and Solicitor.
General, y►t by long established usage and general practice
had been exclusively exercised by them, to other individuals.
It might be that by law it was competent to any individual
to proceed criminally against persons committing missied
offences; but hitherto such proceedings had been limited, ire
practice at least, to Ike prosecution of felonies, and such e•
came properly within the purview of the Society fur the Sup.
premix• of Vice—a Society on which considerable doubt had
arises., end of the expediency or g-neral benefit of which
he should give no opinion, further than that while its exer-
tions were Waited to the prevention, restraint, or pnoish-
ment of immoral or indecent works, they 110 doubt might
have been, if not of great utility, yet free from harm.
But here was., association of • very different character—
whose avowed object was the prosiecotion of political of-
fences—whose proceedings must, therefore, of necessity be
dictated by political feeling—with common fuads fur carry.
ing on prosecutions, with no responsibility whatever fur the
character of their proceeding', and, as to any individual
participation therein, wholly unknown. A list of subscribers
had been published, which comprised the names of many
very excellent •ltd well-intentioned persons, to whom ow
the present occasion he would address the Inagnage of ex-
postulation only. There were occesious at which it was
not only allowable, but in which it was the duty of •
Government not to prosecute offences of this disserip-
tion.—(Hear, hear)—He could conceive • ease of libel
in which, although there was a clear right on the part of the
Government to prosecute, and if conviction took place, to
follow it up by punishment, yet it might be advisable, nay,
it might even be the bounden duly of the Government not
to dreg the offender forth from his obscurity into the public
view. Bat wills whom was the discretion to reside of jail*.
beg of the e rcumatances, and making the selection ? Such a
society, meowing not the subscribers, but one or two sum-
vies, who would necessirily get the whole power and manage.
'meat Wu the., own hands, and would act without any other
dimeiseilellein than that which was dimmed by eertaiss per
Ocular feelings, could be but ill adapted fur its totems,.
Hitherto it hail hem confided to the Aitorney-General, to an
iudividual whose name and office were alike matters of public
notoriety, who exercised it openly, and uuder the check and
control of public opinion. Vested in him, the ire of
such a power might be the means of mooch practical and
efficient good, and could lost rarely be either wrongfully or
mischievously applied. But if it were left to a society un-
known, without itidividuality, without responsibility, and
free from all check or control of public feeling or public opi-
nion, there was no saying to what extent it might be car-
ried,
what mischief it might produce, or with what danger it
might be attended, unless it were checked by the interfe.
react of that House Ile had already said that he knew
many highly respectable persons whose names were among the
subscribers to ibis Society; he knew a'so that their object wee
to castrate and punish the publication of writings whose ten.
dem, was to undermine or deistic)), the established religion a
tberoontry, writings fur which he felt the utmost eontesepti
but he bad rather see such offences liable to prosecution by
the Attorney General only, than left to • society or menefin.
lion which might be actuated by particular feelings and stromg
prejudice", both civil and religious. He was sore that if set
persons hsd lent their names unwarily to this associatioes
those to whom be was about so allude were of that number.
la • list of the subscribers whirls be had seen, he found Ms
names of not less not forty Noble Lords, Peers of Podia.
mend, who were judges in the last resort—f 'Mar, !marls
and thus became parties to prosecutions in cases which
they might by possibility be called upon to judge. With
respect to the Associations for the Prosecution of Felonies,
which had their origin in loeal interests, supposing a Peer
to he a subscriber, it was hardly possible that any question
materially connected with the subjects of the Association
could be brought before him. Hut in eases of libel it was
quite different ; fur here the whole ease was on the record,
the whole of what went to the Jury formed matter of re-
cord, and might be brought by appeal before the Peers;
and thus in the case of an appeal can a prosecution by this
Society, it might be brought before those as Judges, wins a•
subscribers had been parties to the prosecution. He did not
think that any of those Noble persons who hail given the
muctiost of their names to this Society would have done se,
had they viewed the subject in this light. H• did net
think that Counter-Associations could be of any baseffikja
cunntervailing the evils of such Societies, but rather ea tin•
contrary; fur their efforts could only be directed to publi-
cations on the opposite side in polities; and between the
two, the effect would be in a short lime to destroy all free.
don, of discussion.

The Petition was then ordered to lie on the table.
A Message from the Lords nunouticed that their Lordships
had agreed to the Timber Duties Bill, and I other
Bills—(For which ace Ike Lords' report.)
Mr. DENMAN presented a Petition from several Farmers
of the County of Nottingham, praying fur so inquiry tato
the adulteration of clover and trefoil seed ; and a similar
Petition from the Seed Merchants of the Town of Mating-
ham:—Ordered to lie spoil the table.

The dropped Or.ler of hlonday and yesterday were then
read, and days axed for their consideration.
Lord NUGENT postpused his motion fur • Commitlee to
inquire into the Courts of Justice in the Island of Token.
to Wednesday, June 6.

RESCUE OF PRISONERS.
Mr. H. G. BENNET'', in rising to make the motion of
which he had given notice, said be was induced to make if
by a chime in the Prisons Consolidation Act, which ap-
peared to him to be awe properly a subject for distinct
legislation. By the common law the rescue of a primes*
was punishable only as a misdcmeauor, unless the prisoner
were charged with an offence that was not clergyable, and
all the laws for the punishment of rescue applied only to the
rescue of persons coannitled by a Magistrate, and not to
persons who were arrested to be taken before • Magistrate on
any charge. By the Act 14 George 11. as attempt to rescue
a prisoner was punished with seven years transportatioo, but
it had been decided that it bad un application whatever I.
the case of s successful rescue, for which it appeared there
was so punishment. The object of his Bill would be in the
first place to snake the rescue of • prisoner before corn.
initial punishable. The nest object would be the protection
of the persons of constable., and others acting nailer t►e
authority of the Magistrates; for at present any violence
offered to the police was punishable only as a common
assault, melees the ineiction of wounds by a sharp inure.

- _

The SoLictToa-GcnanaL rose. He said he
felt great reluctance in opposing the Bill of his
Hon. and Learned Friend. Hr trusted the House
would not suppose he was insensible to the calls of
humanity in opposing what he considered to be a
public evil ; in coming to the consideration of that
question, he felt one great satisfaction, namely,
that no patty views were brought upon it—that
Gentlemen out his side of the House, as well as
those on the other, would view it with the same
spirit, and all be actuated by an endeavour to
reconcile the principles of humanity with the
security of the public.—/Hear. hear, heard—
, The House must be aware that the question arose
out of a Committee that had sat during the last
Session, and it was impossible to consider the ques-
tion without referring to that Committee. For the
members who composed it he felt the greatest pos-
sible respect : it would be difficult to find men of
greater talent, greater character, greater experience,
in fact, men in every way calculated to discharge
the important ditties imposed on them by that
House; but it was impossible for any man to view
their Report in connexion with the evidence ad-
duced, without feeling that it presented an ex-
tremely partial view of the subject. It was, not Iris
intention to impute blame to the Committee.
This defect naturally arose from circumstances
connected with the inquiry. Every man most
know that there were a great number of persona in
this country, and this metropolis, opposed to capital
punishments, and extremely eager in pursuit of
their principles; and whets sit inquiry was pending
upon this important question, these persons were
' not wanting to force themselves upon the Commit-
tee, in order to carry their opinions into effect.
This was what was naturally to he expected. and•it
was impossible to are that it had not occurred. It
was quite possible that persons entertaining different
opinions, colder perhaps than the others, would not
feel inclined to come forward upon that question,
unless actually forced. These anticipations hod, its
his opinion, verified the result. Ile mentioned this
for the purpose of putting the House on their guard
against being too much influenced by the Report
of the Committee. Besides this, it appeared as if
that Report had been (hewn up with coesidtrable
haste and insccuracy, which inessaced him not to lay
that stress upon the labours of the Committee he
should feel inclined to do, from his unfeigned re-
spect for their Chairman. Any man acquainted
with the criminal law must immediately perceive
the defects to which he alluded. The Report
spoke of privately stealing in a dwelling-house to
the amount of 405., and of privately stealing on
navigable rivers; whereas, in fact, there was no such
crime known to the laws. [fie felt that, froth The
situation in which lie stood, there was another obser-
vation lie was called upon to make, respecting a
charge that had been made in that Report upou a
Learned Judge, for whose memory lie had the
greatest respect. It stated, that a man had been
convicted and executed for stealing trees, and that
to fact the crime for which lie suffered was not that
for which lie had teen convicted, but for other
crimes of which lie had been suspected. Before they
made such a charge, they should have made some
particular inquiries. The Clerk of the Aosta.s
lived in London, and it was their duty to make the
most diligent inquiries, and be well informed before
they made such a charge upon that distinguished
and illustrious individual. lie (the Solicitor-Gene-
ral) had made it his business to inquire, and be
found that the same person had been before charged
upon eight different indictments, upon four of
which lie had been convicted; and he would appeal
to the House whether this were a case in which a
Judge could interfere with the Crowd for mercy--
(Hear, hear.)
Mr. BUITON—" Was that person convicted ou
a charge of burglary?"
The SOLICITOIL-GINERAL—No; hut he was
convicted on a charge of larceny. flaying made
these observationi; which he constilered it sieceseure
in the tlimlterge of his duty, he should now pre-
enedobjeettootflie object and anl.dasotportiatotioun.irytf
Stlhure it
ll
punishment
of death in every first offence for the crime et
forgery. Let the House thew consider The cares to
which this would apply I!. the case of a w:ll, for

=-

t

..:-,+rc.:~~
-~q

FT

i.

iastanee. the forgery of which. might involve a
whole family its distress. and destroy their entire
PeelPeeq• He should ssit the Hmme, then, was
this a ease in which they should interfere ? In the
coot a • Illuetiago settlement she, attended with
ouch fatal ennsegyeatue, he wall ask, would the
Armee feel disposed to substitate the punishment
ei;ell, fee Olio tirrOg iai
fiiic .Lleeds „of all
tiW-tirlesTrrilZeir o f -- -I,W esies
Ut fetid" leheleeever would be affected by the ,
• I ,If JO ;Klesnl.. Fe4l.e .W 1 ;lAsreed /nook
rateusenot he
.soode ;tilts, the great isms
ot* &it ersilis*e.,attsch ,to,the Bill. and
I
Elide the Wane what emotion was necessiwyber
they weeded to it. It was ineuesheM on his
. • . aid Learned -Priem" to mike out lois rise to
• • don before he could cell on them to make
4 It an 'iltevatiOn jet the lea. He was aware it
Ipirld,besaid that the introduction of the Famish-
meat of death far
~!r dime of forgery was en
edarterstiontin the Conatitution.—( Hear.)—Aecord.
• eel* isticidit law of.the land, it was only in-
Se* a miedesiesuor. The Honourable and
re
is
'rat Omt... lame then referred to the Act passed
so the reign of•Elisabetit, Mahe* that the opinions
of the lAltiolaiire were. tlsat.iii consequence of .tlie
. , nears of the punishutinit, the crime had nitres:-
,'std it !"iii Illrectliee.Peceesury.to guard against
new.eneetenjentee At.that.time theressity of,
rues net ipplieffe, • but ono illiast es severe
~..,.....,,,. 4fet. the roe' 0114: fetid iris to for.
'Mt dtintifeltiddrin altNi fergety,.freirPos e finiiiiMmil
fiklu-la heist.
bii4l .toWIT, . his htitteitio;
,w pilloty, sad, his 'see At. and seared with whet 1
it'd. settell.leiepsoperty Awfoised,44) the Critelli
for the setemd "Allteme hat 1 heel `lid th be tint i
Ilea. •
i444o,Fise the: %P r& Ale ' law '2 Nte Milne ,of ,Eltribetle old/ ,Ittt it COotihrted I
fielia.to the reign o" George .1.1. .Every one I grit
he.w. 'braise consegoencrof the change. 24'
b mow ;
'ee at the'Kerislatioa, thole ptioishmenfts T.diflo 1
.Ivx 4. footinfei. Neither imptisitesent fdr
Tife nor' Matilakidi cooldlse defined, "sea „cower
qtkoce of which the crime of tergcry hid increased
to ellisiiikeitatibiOkezteni; idd ft was therefore
lififeelort teriutiOddce the Bill to which •be•hat id..
*Nei . iist the reign of George tl. ',Dun Mil
wee not intundumebeeause • the Act of Elizabeth
4besaaeintilficogious, but because the punishMents
it sainted to the commissiou of the crime could
.olot' be effected. The Sill was accordingly intro.
tuned whilebeil Hardoielte was Attaroey-Geuee :
41.1 ind Lied-Tidbit Solicitor-Genend. 'lt was only
4teeflteil for Ire Orin, but the sithject. was afterwards
Jseatight . before the easidevation of 'Parliament,
Wed findiag it to be effect eel, it was mode permanent.
le weneinto these historical details fur the per.
One of skewing bow often the question had been
Bistursed; Mid lie thought he wise justified in say:.
41/Alen the greatest circumspection was necessary.
obroappoit of his 'Woos, he had the experience
•sfo,ttesitstry; as well is the support of the rest
.week Who advocated the same doctrines. • On
what grounds, wherefore, was it that his Ittotioul;.
able dad Leveed -Friend called on the' Haase to
make this .iteration iii the law ? for he thought
•be inn bound not only to make out a strong but
wo iirmistible else. '..lts Tookieg at the preamble of
-the Bill, the only ground 'in ',could' And was. that
the law as it now stood was ineffectual to the object
inteasied. Ott this point they retreat once at now.
Id .the case of inniete forgeries. there timid not be
the lostatiubt that it wee Weenie!. He did tilt
inertia Pry there were no cases went unponisliet,
lime would be quite idle as applied to any
crime ; , but when he considered the present state
of private forgery. with his own information and
.experience on the subject, he could not concur in
the statement that the !anent law rem ineffectual.
Anisterices of private forgery were by no means fre-
quent. But it may be• said that persons decline
Prosecuting because the punishment of death must
follow ! granted. It was impossible" that cows of
this hied should not arise; asitifthey could satisfy
him thin • greater number of prosecutions would
"igloo if the punishment of.destit Were taken away,
slims a care should have been made out to induce
Los to support the present 8011. But he denied
ilea this could be the eases llf you substitute the
punishment of transportetion, and put on tier other
• side the terror of death, you would And that thO
laW as it now stands would he more likely to restrain
rids from the commission of the crime. and that
was the tree wry to consider the gee/Alien.—
(Hear, /sear.)—The object of pueishment was the
. prevention of crime by terror, and he should
' wiik, whether the penishnient of trensportation
Would operate to deter men from the commission
df the crime ? Every body knew there was so much
of the spirit of advensare in the minds of men,
ghat they scarcely looked upon it as a punishment.
Hid they not heard of culprits who turned round
slid thanked the Judge for passing the sentence of
itamportstion on them ? Who were the persons
blot gesteraUy committed private forgeries ? thry
were fur the most pert perms, in embarrassed cir-
ehtintences.-witho, hiving the dniortuitity, imagiue •
. dine can commit the creme with success. A man
about to commit the crime would say to hintrelf
(if incliterl, you could suppose a man in such cits
eurnstenc,s would reason. in detail), et If I ern
iletected, the only punishment will be transparta-
tion, and even then toy condition cannot he worse
thie it is ; whereas if I succeed, I shall fly off
• Ws foreign country, where. I can live comfort-
etile;" for it was not for • few pound., but
fiet fortune,. that the clime was generally coni-
Mitted ; ' rind turn would come to these conclusions
• witlinut reasoning at all, by a species of instinct.
ele lad not as yet hrnrd the arguments of his lion.
earl Learned Friend ; he would no doubt enforce
tugm with greet eloquence; but lee felt that the
arguenents *ere all on his side of the question.
fistrtng considered the question its lee did, he could
tort convent to the motion. There Were various
other questions ineolCed in'the Bull upon which he
should mint advert, but should confine himself solely
to the qoestion of forgery. and should dela-ode by
triniag, as an amendineut. 4‘ That the Bill be read
was dry six otontlet.'!
Mr. BuILIoN mil, in rising to ieply to she Si.li-
sitot-Grnerel, he should not cio.iintice to his own
. technics if he did oot beer testimay to the extreme
. 0,44, with wbiait he had met the question......
(How, hoe./—He was repealed to but there eon
et geeatidiffelince between him and hie ate. lied
Leveed Friend (Sit J. Blaektutosh).. He had said
k 'WA* Geetleotte.whe supported the ampure head
u,q, so tat docsirered a substitute, 'it'd therefore he
• .
. •

I

Plo!ii4umets.


and herd laborer, which were the revert secondary
Altoierbsllllel4 -Air woe iseppy .to :beat dist•lllass:
sod 44e,0011.9entleonsa,lq setwwo Ate doctrine
that prevention 4 mime was 'the great abject of
vnaimment, • This woe- the revile point' he was
tieing at.;
~We lisra beep jding an ip this reentry
;year ifter ye& .Slw4er- flie,torprcorton that puniehs
petit presented crime. For the hit century a rapid
increase had hero made in the criminst law; Ores
rity maned to wisdom, and resultsl plitsishasents
the only mode of preventing crime ;', end now he
blipposed the country hod derived* ,ie sog9t
Ititelinf perfectiO, and could repoiewitkeecit(4,
pnd es it wee
_so eminently distinguished :for the
severity of the ponishment, an also it 'mild beet-
s Onorkable•for the weedy of its 'crinve.-Tritifidifr
'fat there were Ws that 'coud* dafed 'brit
)illoced "this 'mono )o ;the amt .P.loii;le Oft •
4i/sating *point of view. In ISIS it appeared .that
U_nni it somber thpn tOl,OOO -primp. kneed ,
gh,the proem* of this country; end W ree
rii be the 'ohite
.ifri.tilii*.j!, be 4i#Ed •
i• 4 any lnimai.oo:m',.o.L9v.Pit Ims .
.. 9 leget of deliOttnent;be sew say.egistptost ter
Alli iire law ,f There wait another fort, jest eel
importaist and as seelenclraly i44t• ipplartil, *op* i
l'itrieleace which wei Witt" 4;000A iti! 'l'M"'
'Wefi'li:(wit 4187litti feu thotrairall Invenile. ogenkr 1
Ffi# .ittitoili escncd thei'r deity breid 1100 thew
4104 moralities. At present they were employed
in petty pilfer, but !rook! soon become farmidiMet
fo,re,tr; and
.he world !Ott ;ii") #OO .110,4Wai
frief the ntiOrr of 'jhrieliviesple ilreuders,. Nal
,Xinj'eug, it ittuskthe galls, peuitentieries, and gibbets
were yortilted with victims, .he taw may prospect
of en effecrive law .-..(fierse. Aear.)There was
*rather consideration "wit' vi,liielie lie" ,#oUld 'Utit 1
iltrain the H:a!ifti, ni!ue.6 ~ a imaparjsoa of Anghtptl ;
IS" 06 te.pecti
with other volumes. Alit would 1,
it bit,beliend that 'in France, with ass tweisty-iitee
millions of iirbabitaists, where the yesee-ofllcolo
kept the closest notch in itie Peoiife. 1.16-0111§4
*hi . re.e. Pion In' Eltiil4o. ANTI tyre• , , . ;
;1141*ceiy.erty Attention et ell. :Jf 0 .foreigner ;
.Cauto to examine the matter, the drat ,thing he i
ilioult•inquire wash( be, o Has this system beeb 1
Ivied 'oolgeiesiely long,' and on a ;ear eeteogieie
iiiitisbtdiodio eff Its ettVas ?" The nn...rl 1
learbeo Gent leMan had eilinitied it Nos peimst(y '.
+l it
practice, and God know/43.k had been tried
on's sulsciently wide scale in this country, whet*"
till your father and kilt', rabhit, t hemillboteut Tr*
tt
_4he
_"lnc, , d._ ik'riii tYlf ill*ii,therlPPß4 itfwitir. '
ii.”PP;li!tclifotiOßtgot.ooPtillriatne—.. Reatsi
47 rttlawil oti tier rood. end:kill the said gipsy, sod
feu would nut be punished more seeereq, than tor
mevely living with the raid giiiiy.-Mestr, beet.)
. .h* o!..f.4o:r'if All , eßillP ke %lit Siglig
• ...(4;.944140... .. ~4•0 Ktreetatitg Rep exons in itas
:: _Nur 'Mans assiatainin then stanlinanzar
tensest to prose that when the pia.
VP were utitigatd, primecatim, bed
ka,
.*.4.lkos,,,rii,k,.•licr Ili/ ' erlei-iiiW o.‘es
6,iasistßeil. Aff. itx); time Pena* .4t.l,ultto
JrhetiAtleacbera, le i.aricashire, preseotaw a e-
Istioa to the Home praying for • mitigation
of the punishments against offenders. The
prayer was' complied with, ankh the consequence
was that the tramber
of delitic graduallypstittp aduolly
.4i'lliiriiihed. Lb quoted shinier instantes in the .
north of Ireland. ide laid these statements before
the House esi-elsew tlntt nts ' evil consequences
could arise o,4#:the mitigation of them ioysi. no
House tint MPS *led Oa 4 'very pnuciphe at
mrpteson aim, COMMON justice, and common
=Pr is abandon • system which they have
did not succeed. The lion. Gentleman
"'alluded
~,
4411 .
f
to the itate of crime iii the !tip o
~
Reury VIII. iliOloll whore retell 7i,000 persist!'
were pet tp dash. excluaire of his religious execu-
tions; and this, upon a calculation, amounted to six
deaths a day, S'undays included, doting las reign.
The Learned Gentleinen on the other sane pieced
ill their couffilence int Like old law of the 1144 and
it would surprise 1..4. House to leant that there
could Amon greater innovation than the modern Ism
on the pint of the old law of the country. The
'erfd code of low was still preserved 11? us, lied Ike
,itc.: b severity -,..ie, be round in it tit rude of
• lug Alfred, for onotnole. reiteaird the whOle of
:doe old Jewish law, es unlit, from its seveiity, fee a
'Christian kingdom. The Dauer, abolishing terry
'thing else, retained that essiviiy of criminal pu-
iiisl,ments whiCh the Simons introduced; and King •
Canute had ordered that jetiatilleolll should be
merciful before God, and forbade that Christian
mem should be executed for sliKlit causes. .The
AripNefisserkehle pinspi,ate Woe William kite coo-
iiiiitor hiamelf, OR wee pourtrayed by Anicoutein-
.Pofortira tia a tyrant and oppFeuos—as one she
loved the tell stags as if he were their father, yet
he had declared that no mass should be put to
death for any crime whatever. Jortge pleckstone's
and Sir Henry Spelopin'i aullneity were to the
moue tffed ; the latter regretted that whilst every
thing else had become dearer, the Wed' man had
become cheaper than ewer. The law as it stood it ..
'peseta had. comparatively speaking, nu antiquity
,ntall. There were persons still in existence could.
venitinber when the criminal code contained not'
mere thorn seventy capital offences, although it *ow'
• contained more than three times that number, end!
' of the six hundred men condemned to death liar
rear, the fir greater proportion of those who
suffered desth was tender 'the euthotity of them
a ;voter *hieh were so coeoparstisely recent. The
fact is, that the old common law of the land •
anil the recent statute law are completely at Vivi-.
once I on that he would give no opinion, I.ot •
such silo the 'fact. A fee curds on the manner tp:
which these laws had been passed : -it appeared
that our whole penal code had been qoadrupled'
within the last century ; every year one capital'
offence, at least, was crested; mod Matteotti the
Le4cialpture had fegOttstl tliero together, osaking'
tap a bundle of 10 ur 1$ offences-oat of woocht
might be of such a nature as to be punishable with'
II hoe of dd. and soother an • alticiows assrder:
The fact wile Wait they were ill paled tip &lily
...610.
111011" i IV 4 . k. or 0049i1l R11.441"14' tie 40
t '


I

ineoAtta. which *red lit we
le. , . bei . t-. 10 the ~ eAd whittled went etepiate, , t ahe
athia. . .... , Alert. set he had wehlita Hager kyleclarlasit tear,
was. goat,
tie ottodentrati histawees yokies were penixritil fa • *Hog
to., 11 '-r- lit B
*es rat
101 S . . :gell'•'.. ki, i 1111", ,
,tube, sail that of itself be shoulf 41414 • elteltioo4-4°°-
thlt he -*es HI ittflite ito !ale" the Waite wafer 11011/ alteratio• of the law.
that these was Only 4. felony without benefit , Mr. R. MARTIN was of *pie's, Mat the noise ought
to diTtobe sofa mild it could lint possibly, forthwith to resolve itself ions a Cepenesimee isesthe..slll.
take above • law anklAttes. " -SOthir Re- aiming' Ow Meownierable epleel Whin' lionaura awl
Jatieedote..totke game effete wee ,lif *iir 101,igp ;I.eitrneit Fthiiearl. She Selieitov Gement, but he could let
'Meretliill, who, iciaiti. eat of the House op flolfis 1.0 i agree with Itt " ""t7l`unit he had 'se 1.. .
__--
LA . Dieter LIMIIIISGTOIii sold it was wet his istemisailec
write or letter, n twat/ gent ems° in tini
04.1101110
!iv sou
of ihe "owfor
.mg, joevis
of ohm
room nearly reslerep,4l* 01hothal clerk Wis towdl,ll4g, His Hos. sodeler rued Feiesol the Noliernw.lieloyaked
Sir William goad his . letter conitsutly interrupted •-.
',GM forgery was as 4e/so of greet sasgaitadev‘alid ought
with a lrel'elliitea .911 r • a tied Of .roll. ,s' for cllctff to be petnisheel flans dash. The forget, of Title. had kg!
lincb "oftcoee he 9611 isalrsi sfrajb,entininit bensA4 o(, a rrirr hardly liaison far the tart thirteen Years, for in illif
clergy Ht what it pm; and was in_.o,r th.
.hail been only three )iestanepv wad. the parties
formed that the getielemen in the country had au& . had elem. ponishment. as they had not 'beeii proimited.
Their' was a ripe that morning in the Court which be
Erred much by bhving their lumina *Nieto, end .the . prell'io.ei is., where • brother had 'forged a will lo the. ern.
*I iniiter had 'consented to !take ft or 011,1(.1 toffees's', Jodie* of hu eldve brother; he confessed Isjs crime, and ths
So that they hoped to be no more troubled 'with bendier a)tepepir.il 'o be itsioered. e:olld oil prosecute
iw der °fur this,
turnip ineekre ! •He (Mr. Buxton) would salt the ffuersie,ri::he would
i life,bul be7rtould have 'prineeZeted if :L71:I killy
House whether lens panted in moments of Intl- "r
attached to the crime fell chow of that punialsocaL He
lotion and resentment *ere to be considered as ' would thereto,* support she mafiosi for she Bill }seeps eon.the oldPillar' Of the Co me:station ? He would • '.,inert, lie the scale or life could not be nisteaspheed, es
ask the Learned Gentlemen °pots,' te who were the that .f prOpedv.
Solon, aod Lycargii to whom we were indebted Tor I Mr. NOLAN al some tenth supported the anesefolet of
our criminsl coded They were, in truth, tiemeless the Solieltire•Geneial.
Mr. COURTENAY defended She cobdset of the Comatii.
**moos, but their preaut= and tenors of gram- tee, and vouched that they had esstered ssio.• mind* imi
xi
'itr demonstrated whop . legialetnics "Ile. ,fie on she subject. before they Wade their Report. He ewe%
was willing to grant, for inzumeitt sake, inept the tended bet the Cesti tli,. 0 frehe
swills.. Irclriz •410.0ingli *owl:
present systesit lietinoMee4lfentages, kilt he would Pelitinhe"lfeat keret rteheti 'c" t
argument thater
thee pa Ms holes i ors' de:11,
'ask the- Holm to eelieirlee. die[ ante they Veda ought to he iroatinned becaus tae troweitry.wai if of
The price.hat ores paid for them woo the popular s assuoary ponialawas. liee
was cssysjsced, If ..sat
. .
..
end and concurrence with the low; yet wit limit t was paid to priors dieeipline, a secondaryponlehaseat *Of
that old, or the assistance of sue!, a species of pa- he made
.effeelsal, fee which relearns he .witold "tow the
•lice as even the Hon. rod ;Learned Orittimelimu .allefelirl ialerled to be made is she tag Ire it rei•let.tolha
paideltizt of fbrt'en.
'himself woulifitepre. t.w.e. cringes could not 4e- 7 The '
ato 8
of LQN Dori 'Agfa waa c0i4,24 oat
'pressed. Hy our old kw much was kit to .the mt. iutitie ,„„1,1 be „sweet; dud the itspoe too
....t
.the
people ihronselvei; they were juries, witawmer, arta of the limes by the &locution they had given to ,Mobs
,and prosecutor*. Onlhat'sxstent another has. hells subject.
,hlr6l: sgpreheogrid the mtesiiito to mike itself ipie
p howpt ../Arathftir the forgery ref Beek
-iagreftea, which Was codi-pletely inefficie4, fie
' rellities7htor! 'au °e'iselse:vPii ishisttaMents, was nut ronentent _with
cause the risour• qt the law had ,turtiral tke people oirs,ot -real,- op; ,or phetker .the repeal of 11141 punishment
n,yee,to the tilde of the *Senders. Thus 686$11111" woo not a sacrifice uf the principles of noosil reason to the
leas expected-from a people who have se nice envie tinging% of plsibinthretoy, which sound reason taught them
of humanity sod of jwitice, to aid in punithieg pith rather e• regime. Wiling his conclusion (ruin Abe. dela.
- • I meiele on the table, he should say, that in proportion. es
el, I'4 "vkiitY en“9,‘Sit 'iittee„ 7, di *rent .4,e;tlSer. the severity of the punishment was Axed aid invarlabias
:tbd. in.illis 'it PT lAPelse" "L". th*t religious the f miry of the crime was diminished. The crime 'o'l
'pe'rsons would join ; hob a very religious moo •
.orgery was most rare is private instruments, became
.cottld not con*isersitly be the persecutor in • great I .the pussiebotent of death inevitably follow/id COSViC.
number of these Wetter% 'here was a period when I tip.. ; is
..,111mture frequent in the insinuate's of the Ibtak
the °pistil or the
e Inks ' • Cpllllo.imit to She .Law. fir Englitad, because that punishment was not luvsriably
0it15.....
, tufo, , I, but • discretion was exereisetl of.couvicting only '
but 7t 101 l now wir ly.A.froireut.
,it mould
.tie at- on the lesser ebanrs of nonentity. It was a complaint
homed that the Ise. of of 10i...t1tRirrY had made the Made on the other side that no means of efficient secuadary
VC°.ic4 ,!kp• is hamenity and civilization within Minishinesit at present eximed. He thought the moment of
the last century, and in the same period the lain seek a drelsration was not the proper time for the 'movie{
bad nositromed a greet degree of ferocity, and thus tuber tlrrimpuniehTelohteesahirescht the tawrse foe
thheittertos"prot
ov i di:sdr.sfueee ;
the most humane people were left to iceecnte Abe would be to the motion uf his Hutt. and Learned
most merciless laws. The flonouralik Member Friend, which would not pledge Shout Also should ewe
then reviteped the "pew which the ,Cogurnitteg,had ' support it against arty alterative whenever the way
taken;lit tracing by evidence the progress of a aea :Airiest secondary punishment should be Knoll
eritgiultis Alto the fitit crime to the imagination to sielri!L
yr! LBERFORCE said, the) peech of the am*
.4 hie totter of guilt, and observed, that thr in- able 'Member for Weymouth wps replete with pposoll-aell
variable reply of ill the witnesses, 'whether Figgie. able doctrine on this subject, apd was in orgasm* MB.
bate', brephyrfs chaplains, or getelets,
.pips fyvmar- cleanly strong to carry coeviehos to the mind of to 3;
able to 11 Sitlikulipu pf ,the eeretity of the law. who listened to it. The lose of argosa,est which had
He wished the Hon. and Learned Gentleman usa•fde'ithasbyheitehitbkip yt**. "I o
sd ,pr: ~,,,,,,,
uenine6oleertoaltellell
opposite would Lewitt* thp g hole nf these evideuces, cii7l: of the Bill, if he could ore asp step. of, 40,41
and consider whether it yes so Dirk, IMO- lit IMO ellhetire operettas 4 mad owe of the are relf GP ''
"Melia k It, fhisteeit, IMM Mies mistilled in arts, gamest, is hie mind for rupieg into the Committee weellis
Of verities ages, 1.4 of ,varieniperts, hewed!y of making. it oppose to the coostry, if they should
Frost motivet, pool Care goers the hol or ebb be fumed to the conclusios, that it was necessary still is ti
&Mild ell earsolre hi *Spa as *Sisk *Ake r continue the infliction of the pusiiehme at of death for homey,
Flow, be would ask, could it Inspire*, thet parsons that they 644 -come to that deteraliaatiell *flay XII° moos
so *pions should ell conpore to cheat then with
nit
itirnireailtrau Lion of the
red anstobajootio 4 ientertkiniteiailis
this
Mot •
a tie? It was mid by way of 'elution that igai.i, ..,2„eg further with the Kill, amain ibor" ~his 1
it was a conspiracy i bat another solution wag, demi, isr-g4;;;ish Ike 'resew practice as us „
that they spoke alike bemuse they spoke the nos to be iodated to modify it is any degree.
truth. With the exception of Paley mid WWI. “ Sir J. MACKINTOSH ruse *Bidet repealed calls of
quaatios-Iteptit, repl);" tad expresses! his
Clam, all 11941°01i', Pere ill hi,' 41"91" ;to ni'fisirist Hue Member who iselined to e
litiiihing of Dr. Johusoo, look at the boat of ,herb,
in Bill,' world some. before him, that be might have the
legal Mithonties : -Sir Thomas More, Lord BuColle babe& of replying to their observations.
Lord Coke, Lord elsreadoo. Lord Asliburolistn, The Marquis of IAtNDONDERRY could sot agree that
Sir W. Blackptone, pud, lweides wime lately dead. the Hun. Member hamd a.rdight to close the
r.debate.kaa .
itter,,e. were p„.„.0 wow hiving wow authority ow
anyAl cr. BRO
ase, hutliGHA
floor owsecet ,arltheeseyearhe ;oust.
4.4 replyiii in
Aqua to say Nome* of history. The Hon. Member
Friend had a double claim on that courtesy, House;
as it
then referred to the Seasiouri Paper of the Old Bailey, ,„ firstt, egret his first speech.
to spew the manner in .grAtich Juries Were perjured Hr. itY. WYNN said it was open to any Hoe. Member
in **luting the -value of *elides stolen below the to speak eves after a reply.
sum urceelary to make the o(fetice punishable with a tile. 7'l EV EY, we believe, assented to the °Osiris of the
deaths. If perjury Sere not commuted, lie should °ll. BATHURST Mom* it extraordinary that the pee-
l* glad to know bow it came, that • Batik nett in sew of the measure having withheld his views in °penis(
sine place should be worth, in the opinion of 14 men, the questiuts shouldclaim the privilege of cloidag the debate.
4s. 10d. en* 395., whilst every where else it would air J. al AGLINTOSH said he was aware of the right of
beefed to be worth SO/. lie concluded his quotations I sup Hirt' Member to follow I"' although it was at eart•Nee
irevense
by referrin ca with the common courtesy of the Howse. The How. nod
gto the etiell4isowta y se, where Leeraed Member entered into 0 defeats of the Bill in a
• Mill was indicted for stealipg • ;Heir of leather Inatisious speech, of which our limits debar us from teener
breeehea, and fueoul guilty of manslaughter, (row eves au outline. He was wither to real the merits of the
the ilesire of the Jury to subject the criminal to s question on the *We speech of abs Hon. Member foe Wee.
mouth, biked
.sai it was by she ceaviocing teetimetvg capital punishment. Another emir was that of a
of the most isitelinreat uf that class of men sewn collegial's'
man who was cheesed with returning from Iruiuwor- with the subject, the Benkers of London, whom latereole
tanoo,asd found geilly of petty lareinay.-(A !aryl.)-Thera oeic the molt closely moo"ted with it. Tie ofiioiow, et
was still a 'seater price paid fur these thiuge Mao the ens to Shure persons were derided, that the far greaser part of pi*.
which he had •Iready stioiteil. He meant that the 1.. grew irate (orreries went oupurtisbed from the rchmence to pew
those e.inses which it afterwards 'punished. It fest made create, arising out of the severity of the panishasent cull.
the mss a criminal, and then punished him fur the offence. entered in connexion with the character of she persons by
The prisons were absolutely manufactories of criminals, and whom the crime was geteerelly committed; elm IMO for
the police was diagracebil to the country. The whole arose the most part clerks, cossfitivolial agents, et seer rototen
from out hanging our hopes us ultimate punishment, to trot habituated to crime or deeply depraved, het
, the oiler disregard of pelvestiel,. If it were inieadeil to.
.last' it, „iiiiiii,,i„ In a wowaai 4 „mamas aZ.I.Z.
eseositelge gr.. growth arrestor; no system could be nears able peilespe to resist the strong temptation afonlerl by the
"acted tbs. the lesterilli "ilea revelled for early offence'. facility of its commission. The weave of aecoorlary
Oa the evening of the day whew eight 'Femme had suffered 'punishment, he contended, were fully with,. the Nip.
the seatesice of the law be went inseminator with she worthy pass of the resources of the cottony. The Hammers.
Chaim** of IM • 7 fur the Sepseensio• of Juvenile De• isle and Learned Gentleman then anemadveried on His
linereets, to one of the places of resort of these delinquents, character of the forger of Bask mates, whs.. he Raid_ was '
to see if welt an awful example had stopped the torrent of an odious wretch who cardedhia Livelihood 'by ina;„„ai
vice, eves fur a gay. He found himself in a ruum fell of and bad drawn isniumerable victims isle his moues, rasa
rile' person of both acme from eight years of age, that fatal error in policy, the suspension of cub yasureolle
and I. the midst was a notorious dealer in forged Bask
-(CAters).-a measure which bad beta commeueed he
safea. Some part of the blame arising from the exi.teuce error, vim most injurious in its operations, and destructive
ref sorb iniquity must seise from She indifference of die in its cessaiion.-.(Meek cheering.)-He cuucloded by es-
omierument to checking the
motive,. Os this heed he to quote to them what was law had nut been discussed as applicable to all the Bill;
.said by Lord Coke, a lawyer, and not remarkable fur and sat down amidst loud cheers from all parts of the House.
homaiiiiy. He considered the principle of preveutioe was The ATTORNEY-GENERAL ruse amidst cries of
well Irefully of the •ttention of the Hesse of Commons. He sa Qmimi ion
.1" sod made a few observations against the Bill.
said, e Striated would be the man •be laid the eras moue ago He meant no disrespect to his Hua. arid Leagued Prised
good a work; mute blessed he who contieued it ; hut above she. he said, he heard oothieg dial coulJ in the leas 4.
.00 quail he he Idessed who should complete it." Se said gnu alter his former voteless.
Lon) (}eke 500 years ago, sod the Snot moue was nut yet I The gallery was then cleared for a division. The nembp;
laid! The Hon. Member recapitulated the principal points uf we,
e-
his SIMI* awl concluded witlpulteerriug, that the present Fur going into a Committee
lislefrs lesdnathority sad experience against its and, attuve Against it ....
alb type contrary to that religion which " desires out
the .thof a stoner, has rather that be 'humid turu from Ns i Majority for going into a Committee 44 •
IPStlliir Still ,ite '
1. Rr. ffIGHY could not mintiest to say that the crime if . „The Ho." 111*" 'solved itself lute * C°ll°6ll"'Th°
battle( resumed, the Report was ordered to be re.
&man should sm bar a capital ravine. He eonsidered.tbe ",.::
next.
ttiprote it thy Repoli art the CollllllillSt as wet by any '
~,. te
The en
FridayOlders of the Day were then A* of, see
,Frleo itfiref."ol !II iiie filar aed brswight the •646" '' the Hesse 'optimised at TWO O'CLOCK (this iftwOrs). • nootioy ibo 'voltam and judge for themselves, sod pro-
. tethatt:espipat 'rosining 'toy of the eteerity for She property - -- _-•
ill, seep !Be such trideure a. wee &mid he that Report.
. Mr. J. SkilThl defogger' the Report of the Comm item,
.hrid tispremed himself diseppotated at Warne from the Hes.
. Member (11r. bright) eel, ahem of that Simon, without
. &a Mks"' to Sawa the susements awl arguments of his
-. .

A very extensive failure in the spirit trade ha*
place on Monday in the City. It is feared that that
equarquenere of it. will prove very sartoas, fruta tom,
uottnasioas of the pasties.

'I'HE BRl'l'lSti PILESS:

LON DON,
THURSDAY.

The :filarteouth ..asaioessasy sf .sir -Fastiess
BURDIEVCS election fee Westminster was &vie-
brated yesterday at the Crowe and t 'idiot. Tama.
In the speeches anode in
.the mouse of the even.
log, an Association, consistiqg .of persons who
into • secret loqinsitiori
of spies, informers, nod prosecutors, actingingainet
the public press, .was noticed in terms of .repro,
hhs:etio 'nf.wriaTedheirtimsaiy:eteluvies is • libel on the Gam-
men', because it is c.eitgeniel, only mith o stir/tut-
less tyranay, and in this view they were out
aptly termed by Mr. MOORS last night, tranvia to
the Constitution. Admiring, as we do, the candour,
consistency.. iodepeodence,
.and energy ..of that
Horfourable Gentleman, illustrated is his podia..
mentiuy csoduet for a lonfraeries of years; hoeing
iiitoeMsfi also his Ate! and .esertions in favour af
the Quaint, we feel it necessary to notice also so
Observation Rbich he made respecting her Ms-
JIMMY, because, coming frogs • such a quarter, it may
halve i weight which he did not anticipate. The
Honourable Gentleuuui enprcesed .an apprehen-
sion that the enthusiasm of the people in lisp
sour of the .Quasi had suffered a diminutiosi,
but was answered by loud cries of " No, No!"
from .every part of the room. We notice this
circumstance, beefiest the observation, .coming
from • steady, fictive, and valuable friend of the
Queen, will be eagerly seised by her 'enemies.
Mr. Mans is not the only friend of the goofs
who has felt.the like apprehension; but it is conso-
latory to think it originates in .excessivesnitsety and
seal iu her cause. it is very true that her MA.
JEsee's mansion. is pp louger.croaded with deputa-
tions, nor the metropolis traversed in every dims,:
tint) with processions; but a decline of euthuaiosas
is not to be iufericd from this state of quiet.
The QUSEN has fought and conquered. The
clangour of the tresapet rad the dio of aims cease
of course after the battle, and the spirit of the
,warrior .subsides in repose. So is it with the
QUEEN sod the people. The spirit excited .by
her wrongs and sufferings is not dead, but sleepeth;
and we are coufideut that, if any new set of in-
justice were ot4empted against her life or honour,
that spirit would awake like • giant refreshed, with
new life, energy, and ardour.

All anaiety in the mercantile world respectiag
the timbale vole N now tK en end, for the Bat to
regulate the duties upon Foreign and Col ead
Timber was read a third time last night to the
House of Loida and Primed. Upon this subject
the aginittees had a very &Scutt pine to play,
and in our opinion they escaped from the dificut-
ties in a ilaunar tnficiently creditable to iltess-
'rivet; and advantageous to the conflicting interests
of the Canada', of the merchants coutiected waft
the northern bode, and of the consumers in ge-
neral. We admit that the measure militates in
principle against the theory of a free trade sad of
obtaining the necessities of consumption at Ifni
nearest market, but we cannot lose sight of the
grail claims which our Colonies have ups. the
parent country for protection_ond encouragement ;
and considering that the trade of those Colonies is
confined by our partial laws to ourselves alone, we
should regard it as highly uojest to place ebbs its
the light of foeeigu nation., and enforce against
them the utmost strictness of a theory which we
have already violated with respect to them by the
restraints previously imposed opium their commerce.
If it be really desirable to admit foreign maims.
rivals or enemies, to a free competition in oar
markets with any of our Colonies, such a propo-
.ition must ever in justice go hand iu band with a
resolution of throwing spew the trade of such co-
lony to the world. With ►espect to the relative
merits of the Baltic and Canadian timbers, very
conflicting evidence has bete given before tee
Committees ; but . this .ia # fact not to he disputed,
that since Parliament encouraged the importation
of Canadian timber, by iseposiag a heavy duly upon
the timber of the Baltic, the price of the Baltic
timber has actually fines' one-third in our ma►ket.,
so that the duty, instead of operating ueceaseily,
as Lord Latineatiate represented it, ass premium-
for purchasing inferior timber, has, in pent of
fact, made the Baltic timber snore attainable than
it was before, if the consumers thought it preferable
iu use to the timber from the Colonies.

Being upon this subject we cannot •voiJ coaling
one lurther remark. There •re in our opinion
acme (.0....:-1-nitions worthy or • statesinsue• •tteu-

tiuu beyond the views of policy nserely commercial.
The affectionate attachment of our Colonies ought
not to be raciiaced to the pursuit of any illgvuious
theory, or to the attainment of vome pecuniary ad-
vantages, should they be even more unequivocal in
their nature then there which might be anticipated
from the doubtful policy of preferring the tintbrr
of the north of Europe to that of our American
fellow-suhjecta.
We ure glad to perceive that Mr. BROUGUAII he*
dawn the attentior of Parliament to the dangerous
innovation upon •ur Conotitutina that has recently
appeared iu the formittioa of a self.etyled Cann-

could ..t consent to the abolition of the Pe*lsept.S . tiled on
of daub. ogille (Ip. Beeivoo) did net :61,1ty; nude
eete
that traespirbteriAilld tseettl k iti 'frAls. .house, wo
Get, it met Orr pumilials'olet Olt% tit - . tetfee; requested I
oso.ofithe privileges orbits thiesty,:stitibiti* 'eines' pleaded tl
to any sine who might qeslify himself* cailisittrus; replied, the
a tgampreetable offence • but whets he admitted that. of clergy
Val it talia-us•iiie't tii;!•_•.lo.-11,Afitsr. *yokel:wet ?- . therefore,
Tliiiiiiiis Wait- primes diseiplitowlose eentinement, ,sycedote..
• . ..r .41-:.

-