The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-22 00:00:00

THE BRI.TISII PRESS.

anti to allow them in the text to witness such demoralizing exlji-
bitlons ? Those who wished the populace to be merely " hewers of
wood and drawersof water," might think such things right, but he
Mitered oo the subject, and approved of the Bill.
Colonel WOOD visited to state that he was favourable to the
Bill. Ile had been of opinion that there had been legislation
enough on the subject, but lie altered his opinion in col,scipence
of the lion tight Which had taken place in Warwick during the last
summer. Such exhibitions were a disgrace to the nation. (Hear.)
Sir IL WILSON adverted to the state of the law on the subject,
and wished to know from the Attorney-General whether it wit in
its present form competent to afford a redrew of tbe practices which
the motion was intended to suppress.
Mr. COLBORNE concurred in the opposition which the At-
torney. General gave to the Bill, for he did not like the mod., of
repeatedly introducing a measure to the House. (Hear.) Ai the
same time he thought the lion. Member (Mr. Martin) was en-
titled to praise for his other Rill. (Wear.) But that would have
been inoperative if the lion. Membet had not remained in town to
watch over its violations, on wine of which he had paid the penal-
ties for those who bad been convicted. Such Bills, however, as
were likely to be dead letters were wore than negative, for they
cause the animals intended to be protected to be worse treated
than before.
Sir J. BRIDGES did not like to hear the question treated with
levity. It bad been said that this was an encroachment on the
pleasures of the poor, but they did nut exclude the higher classes.
The House should not only legislate for brutes, but to prevent men
from becoming brutes, or worse. Ile should be suprised if the
Universities did not agree with the Bill.
Mr. MARTIN explained.
Mr. PEEL agreed with the Attorney-General in imagining that
the Lill was introduced under mistaken views. Ile was entitled to
say so, because he did not altogether di.spprove of the Bill ; but
it was not a new one, and therefore dill not claim any additional
discussion. He also did not wish to treat it with levity. But be.
fore be could yield to its admission, lie wished to have the general
principle distinctly defined on which the law was to be framed.
Without such a principle there would be no end to legislation on
the matter. One Gentleman would partially legislate fora dog,
and another for a lion. Ile did not think a lion a nobler animal ;
the dog was more domestic, and ought to have the preference.
But one Act would by analogy give rise to innumerable others, be-
cause there was no general principle which should Include all the
eases. He thought that shooting at pigeons in a teapot twenty-one
yards distance, when there was no pretence of the game principle
* excuse, evinced as much cruelty as the cases included in the
Bill. Tithe Hon. Mover (Mr. Martin) would give • general prin-
. clple lie would agree. There was another reason against the tom.
sure. There is some cause to apprehend that the effect would
be Dot to protect the brutes, but to implicate td: men in charges of
! atrocity. He could not therefore agree to the measure, unless it
I wan founded no some distinct principle of general applicability.
1 The House then divided, when there appeared-
-17 or the motion . - - - 37
Against it - . 76

Majority -37
CRUELLY To carnu.
Upon cur return to the gallery, we found
Mr. MARTIN upon his legs. Owing to the nnive In the gal-
lery it was a considerable time before we could catch the Honour-
able Member's voice, but when It subsided he proceeded sa
. .

30.1 V. WYNN said at , perenn who was attending in It was his intention to move for leave to bring in • Bill to amend
that House was in the situation of a person aimed to attend the the Act of the 3d of Oeo. IV. e. 71, intituled an Act to prevent the
High Court of Parliament. cruel and improper treatment of cattle. it was his wish that do-
Mr. HUME did not know how the Judges of the lower Courts ismatie animals might experience the same protection as cattle, for
were to be made acquainted with the existence of the privilege. he could see no reason why the exercise of cruelty should be per.
How was Baron (farrow to derive such information mined towardi a dog more than towards a hotse. Although he
The SPEA leEft said that the entries were sufficient evidence of might risk exciting a laugh against himself, yet he would declare
the fact. In these record. it was competent fir any person to dis. that in his opinion even a cat ought to be saved from being filed
cover that the privilege exieteil. The votes of that House were alive. He had been asked, and he had no doubt but the question
regularly printed and sold. The same facility for ascertaining the would upon that occasion be repeated, and he therefore would reply
orders of the House of Common,, by authorised publications, was to it—whether they were to legislate upon individual instances of
given as for knowing Acts of Parliament. cruelty ? Before answering it, however, he would state one or two
Mr. HOI.FOItD slated that, after the explanations which had instances calculated to awaken die attention of Parliament to the
been afforded on the subject, he did not conceive 'lt necessary subject, and these upon most unquestionable authority. Mr. Halls,
on his part to proceed further with the matter. He would there. one of the Magistrates of Buw.street, had informed him that lie had
fore let at rest. seen some wretched people cut the skin off a living dog, and then
BEAR-BAITING, AND OTHER CRUEL SPORTS. placing a collar round his neck, dragged him along the road for
31r. hIARTIN (of Galway) rose according to notice to move for the dietance of a mile, and then threw him into a river. hlr.Halls,
leave to bring in a Bill for the prevention of Bear and Badger. burning with indignation at such atrocious cruelty, did that for
baiting, and other cruel sports. He did not wish to abuse die which he should always honour him ; he threw them into the river
time of the Home by any lengthened tirade of the nature of the after the dog. (Immense laughter.) He could show the House
Bill. It would be sufficient to state its title; for he did not expect chapter end verse for what lie stated. Another instance of cruelty
that much opposition would be given to so humane a measure. equally atrocious took place io Oxfordshire; lie had already related
He could not better recommend this measure to the Member the circumstance to the Hon. Member for that county (Mr. Ash.
of that House than by stating it to be the wish of all their urst) which he should state to the House. At a bull.baiting which
constituents to suppress those cruel and demoralizing sports. wok place there, sonic horrid wretch caught hold of the tongue of
There were 62 petitions in favour of his Bill, from Manchester, the bull, and getting a knife within its jaws, cut it out by the roots.
Liverpool, Bristol, and all the great commercial and trading places (Hear, hear.) It was then placed upon a plate, and handed round
in the kingdom, signed by all classes of people, who supplicated the company, for the purpose of collecting money. (Hear, hear.)
the House that it would take into its consideration the removal of That lion. Gentleman entertained • doubt as to whether the bull
these nuisances. Under these circumstances, and having the sane. was included in the statute relative to cattle, but he (Mr. Martin)
tion (detach a great and respectable number of petitioners who were could inform him, upon the authority of the Attorney. Genera),
their constituents, he did not think it fair to abuse the time of the that it was as illegal to cut the tongue from a bull me from a but-
House by dwelling inure on the merits of the subject. He did not lock. lie hoped it would not be said that he was calling upon the
apprehend that any opposition would be made to the introduction House to legislate upon a tingle instance, however atrocious that
of a Bill for the purposes he had stated. and Oder the authority instance might be. It was not because the skin had been flayed of
of so many petitions. He did not say that such opposition would one dog (and it should be remarked that the akin was the moat
be unconetiuttional, but it certainly would be very unusual. Le sensitive portion of the human frame) that lie appealed to the
should therefore feel confident that leave would be given to bring House to legislate, foe he would nut do so If he could be certain
in this Bill to. put an end is those cruel exhibitions, and particu. that that animal would be the only immolated victim. But he
lady to that which was called the Patrician eVestminster Pit. He would contend that that single instance was quite enough to awaken
did not anticipate any opposition, but if any were offered he was the attention of the House, because the same might happen toa
ready to reply. lie therefore proposed that leave he given to bring thousand dogs; it might happen to every clog (laughter), because
in the BilL there was no law to prevent it. They were called upon to legislate
The ATTORNEY-GENERAL,was of opinion that at the because the same might occur again, and not because it had already
Bill was not a novel one, but had been repeatedly discussed before, occurred ; and in so doing he would venture to assert that they
it would not be necessary to renew the subject. He should there. would be acting in consonance with the feelings of the British pub.
we content himself with giving his simple dissent to the measure, lie. (Hear.) Ile was certain that if they traversed the metropolis
(Cries of " Question," were then uttered by several Members.) they would find five hundred to one in favour of the measure be
31r. 3IA RTIN did not well know how to persuade himself that was about to introduce. In the Bill of last year which lie had In.
a hill which came recommended by fifty.two petitions should be traduced there was a clause enabling a magistrate to convict sum.
opposed, not by argument, but by cries of •• Question, question." nastily upon view of the commission of the offence. He believed
He could assure the House that such a mime of proceeding WM not that that clause conferred a power to the .Magistracy which it ought
agreeable to the feelings of their constituents, Mr. Atwmey.Ge. not to possess, and it ought therefore to be altered, He was of op)
octal will be very far from recommending himself to that body to nion also that in all cases a compensation fur loss of time should be
which he is anxious to recommend himself by his sneers and smiles, allowed to the prosecutor, as well as the amount of his expenses.
The body to which he alluded contained religious and humane men Another point to which he wished to direct the attention of the
who approved of his Biill, and who knew what to think of such House was the nature of the punishment awarded by that Act foe
sneers. Ile should not be intimidated, however, from bringing fur. cruelty waited. animals. Perhaps if the Attorney-General were to
ward the measure. sea a wretch so void of all feeling, so destitute of every attribute of
The ATTORNEY-GENERAL disclaimed any intention of a man or a Christian as to tear the tongue from a bull, he might
miming or laughing on the occasion. Ile merely meant to state think that one month's imprisonment, or a fine amounting to three
that as the merits of the Bill had been so frequently debated al. or four pounds, was not a punishment quite adequate to the of.
ready, it watt unnecessary to go over the same grounds again, fence. He was certain that he would deem the maiming of any
Mr. MARTIN thought he perceived Mr. Attorney-General animal a crime deserving a severer punishment than that of over.
laugh, but whether he sneered or laughed, the members of the Uni. driving a horse. His object was that, when a complaint was made
ninny of Cambridge would not agree in the view which he took of to a magistrate, if the offence appeared to him to be marked by any
the measure. A petition was now in progress in IVestminster in peculiar degree of atrocity, he alight have the power of sending tt
its favour, and so popular wan the principle, that at 99 doors out of to the Quarter Sesalona. The Attorney. General, upon a former
100 the application for signatures was answered in the affirmative. occasion, opposed a measure which he (Mr. Martin) brought be.
Clergymen and all the respectable men who lived there were most fore the [louse upon the same subject as the present one, upon the
anxious to subscribe. Ile therefore asked Mr. Attorney-General ground that it would have the effect of making that offence a mis.
whether such support did not entitle the Bill to something more than demeanor oily which the law already contemplated as a felony.
a mere negative opposition. lie did not supplicate the Attorney. He thought the Honourable and Learned Gentleman was mite.
General to pause and change his conduct out of any respect or value taken In the opinion, fur even the Bill introduced by feir James
which he might entertain for him (Mr. M.), but out of respect mid Macintesit could not be applied to an individual exercising cruelty
value fur the dignity of his office. Mr. Attorney-General should against animals, being his own property. According to the BM
not confine himself to, a silent dissent. Numerous cases could be previously in existence, and to which Sir James Macintosh's wee
adduced in support of the measure. Not many weeks ago there an amendment, malice towards the owner should be shown, to or.
was a bull-bait near Oxford, and when the mouth and muscles of tier to wnrrant a conviction. Ile recollected a case in which a grad
the animal had been dreadfully lacerated, the barbarian owner deal of difficulty arose, which was tried before Sir James 31stm.
plucked the tongue out, and went about with it on a plate, soliciting field. It was a trial of a person or person, fur poisoning racehorses
the spectators for money. Instances of this kind *ere innumerable, in order to gain large sums by the stakes, which would thereby be.
and how could Mr. Attorney. General moist thew forcible appeals ? come forfeited. In that case he thought that celebrated Judge
It was only the other day that a wretch matched his dog io fight was mistaken, and that the men were put to death illegally, if net
against • larger dog, and won, but In a second contest with unjustly, for it was very clear that they had no malice against the
another stronger one be was defeated, and was creeping fur owner. In consequence of the diffieulty which then arose, Sir Jas.
protection near his master. This miscreant, however, as it was 31acintodt gut the Bill amended by the introduction of the words
stated in an affidavit of the circumstances, caught the poor " malice or otherwise, " but still that Act could not be applied to is
dog, and with a billhook cut of his legs. He then dug a hole, in person exercising cruelty towards hie own property. Before he sat
which he buried the suffering animal alive. It Mr. Attorney. down he hoped die Hon. Member for Oxfordshire would state to
General dissents and sesigne no reason; if he thinks It right that the House cause difliculdes which occurred to him relative to the
such practices should continue, it was right that he should refuse construction of the law upon the subject—whether he thought it was
leave to bring in the Bill ; and it was also well that the feelings legal to injure anti ill.treat a bull, or whether it was his opinion
which dictated such a refusal should not be known. But there was that bull-baiting for pastime wag not a punishable offence. nor his
not a Magistrate in London, nor a clergyman there or In the vl_ own part he thotight thm that which could be deemed cruel when
cinity, that did not wish to have these cruel sports ended. The exercised towards one animal, must also be cruel when practised to
Queen-equate Magistrates were eery desirous that the Westminster wattle any other. The Hon. Gentleman concluded by moving foe
Patrician Pit should be closed by law. lie challenged any Gentle. v leave to bring in the Bill alluded to ie the commencement of Me
man in that numerous assembly to deny that all England was in speeeli.
femme of it. lie therefore thought that sante other opposition Mr. 13UTTERWONTII seconded the motion. In acidities le
'Mould be given than a mere negative or cries of " Question, quire- the cues which had been stated by the lion. Gentleman who had
Lion." This was a favourable moment fur the Bill, when the lion. just sat down, he could mention another, which was absolutely Mae
Members of the House were soon to go before their constituents, g'aceful to the character of the county. At Warwick, about two
whose feelings it would not be prudent to offend. All the masters years ago, a prize-fight took place, which was so far sanctioned by
of Westminster school had signed the petition, which would be the Magistracy of the county, that it was actually attended by Mee
presented to-morrow. except Dr. Goodenough, whom he had not officers for the purpose of maintaining order. A more di:waned*
an opportunity of seeing on the subject. The Dean had subscribed scene, he believed, had never been witnessed, nor one more calcu.
to it. Now he asked Mr. Attorney.tieneral to give some answer, for lated to brutalize the character of Englishmen.
the people of Cambridge, either by means of pigeons or some other nle. ASH UR ST said that it was very true that the lion. Gentle.
way, very soon learned what occurred in that House. lie had let. man (Mr. R. Martin) had communicated to him the story relative
tens front the Vice. Chancellors of Cambridge and of Oxford in ap- to the bull fmm which the tongue hail been torn, and in the same
probation of the Bill. It was therefore incumbent on Mr. Attorney manner in which he had then told it to that House. The complaint
General to vindicate his opposition. The lion. Member sat down was laid before him Cllr. Ashurst) as a Magistrate of the county,
amid loud cries of " Question" and indications of risibility on the and when an examination took place Into the circumstances of the
part of sonic Member*. case upon oath, he could assure the House that It assumed a very
Mr. SMITH would not be deterred by ridicule from expensing different aspect. (Hear, hear, hear.) The fact was, that after the
his approliation of the Bill. He thought that the lion. Mover bull lied been baited, a ferocious dog sencli had been constantly
was entitled to great credit for kis conduct. There were three kept tied up, in order to prevent his doing mischief, suddenly bend
grounds on which gentlemen dissented from the measure. They from his confinement, and attacking the bull seized it by the tongue,
did not believe the statements of cruelties, but he saw no reason part of which it bit off. Ile could not find • single individual who
to doubt their truth• fur the public papers which gave them were could assert that they saw it cut of, nor could he even tied one who
not contradicted. Tile next cause of objection was that the law at cculd state that lie had seen It exhibited nn a plate, as described by
present was sufficient to put tlee,m down ; but it' this were the case, the lion. Member forGalway. (Hear, hear.) With respect to his
why did the instances occur? Tile last reason assigned was that opinion as to the legality of bull-baiting, lie must declare that lie
these sport, were fur the public good. On this point he thought knew of no law which made it criminal, in which opinion he was
great misunderstanding prevailed, for gentlemen who thought borne out by the fact that property was held in right of bull-baiting
they were performing the parts of philosophers by not interfering nt Windsor. at Oalcharmetor, and in various other parts of the
with the public amusements, mieht discover, by examining country. Without disputing whether the bull was or was 110 t pro.
their conduct strictly, that their forbearance did not result from tested by the Act in question, and without at all questioning the
philosophy or philanthropy, but was rather produced by the opinion of the Attorney-General, lie would say that there had been
contempt with which they regarded the lower classes. That no case In which the matter had been decided, and lie believed that
kind of talk resembled eery much the lammage which used there were as many persona of his opinion as there were those es.
to be applied to the colonies, of the people beronging to whom it tenanting the opinions of the Hon. Gentleman, anti at all evoked
was said, if they work that is all that is requisite. Let them take no person could say that he gave any sort of encouragement to such
their own way. The same kind of feeling prevailed with respect to practices. •
the public amusement,, of the lower dames of this country. There The ATTORNEY-GENERAL said that it seemed to be the
were two opinions entertained on the subject of conferring educa. opinion of the Hon. Member fur Galway that the Act which had
den on the lower classes; some approved of its diffusion ; but how already been passed to prevent cruelty to animals required amend.
could they reconcile it to themselves to instruct children for one hour went, but he ditl not appear to be seen of the extent to
which