The British Press; or, Morning Literary Advertiser.
London, England, 1810-05-02 00:00:00

•

PRICIi

iMPEI2I4L PARLIAMENT.

HOUSE OF COMMONS—Tuaso•T, MAY 4.
DRURY-LANE THEATRE.
Mr. PETER MoOLIE presented a Petition from
Mr. Sheridan, and the Renters and Proprietors of
the Old Theatre Royal, Drury•Lant, praying int
leave to tiling in a Hill for eructing a new Tneatre
on the wit.: of the old, &c.
The Primus' was received, sad referred to a
Committee.
Sir WILLIAM CURTIS brought up the 12epuit of
the Committee on the New Stock .Market.
vinus to presenting it, he begg.ii leave to 'tar, that
qiiestion had arisen in the Committer, as to al,
titer the Preamble of UM had heel& proven.—
Upon this point the question was put ; but belete
ix came to the vote, another Member of 'the Corn.
mittee, who had not been present at the original
putting of it, came int Willie Mandier he (Sir
W. Curtis) asked, if lie was acquainted with the
sature of the paort;no shaft to be pot and ow Ina
answer in the negative, the question was again read
from the Chair ; and, on the division, there appears "
ed is favour of the Bill :et, against it 4'2. He
wished to he informed, whether u question :hue
carried could be thought decisive and whether a
single vote, given under Bitch circumstances, was to
be received as conclusive
The Srasaet inquired, if there were any other
Members of the Committee present, to corroborate
this statement ?

Sir J. C. HIPPESLST and Mr. DENT vouched
for its accuracy.
Mr. Perez Mom" observed, that though the
nitiber who gave the cadiug vote oli the question. ,
was not present when it was originally proposed,
yet he had been ■ regular Wender on the Com-
mittee, had hero in sod nut fifty times that day.
and was well acquainted with the nature of the
proposition on winch he voted.
The SPEAKER decided, that in a ease like the one
now stated, the vote of the Member was good sod
•
effectual.

The Orler of the Day for the Committee oa
the Manue Pa) Otfi,e Pnlo, W2B 110 tl,on.rd 611 iirlS
day fortnight.
Cautira gave notee. that the Navy
inat..s. Mould hr moved in the t 'ottott.ttre of sup-
p! to-morrow..

"Mr. Cautt.trr wished to knew if the iiviressary
papers w ere printed, and when they would he in the
hands of Mt:inherit?
Caoata replied, they were now distributing.,
SCUTS COURTS
_ .

On the in, tionollhe CoitifAUrOe•TP of SCOT-
LAND, the Bill for regulating the At.ftracting of
Decrees, &e. of the Court of Session, war grAti
second time, and committed for Tioinida).
Th.. I.oau ADVOCATE then gave notice, that he
would, to-outorrow, move for the iinvointsurot of s
Cibtornittee, to woke Mao ced•#gtjen the rommesse
•,ttions to be granted to Clerks •.f the Conn of ie.-
sion, Extractors of Decree*, ete. 01,0,.e incomes
and emoluments were affected by tins new regula-
tion ; also the amount of provo,4o,:s ter the sled
end infirm, thereby deprived of the mesas of ►ub-
sistence.

The Order of the Day, for the reduction, &e. of
the Seats Cominhoary Nutt Lower Couns, was also
postponed till 'l'hn•wtsy.
FOREIGN INSURANCES..
The House sweat Imo a eueu.ssittee on the Insu-
rance As t,; iss which

Mr. %%u*arue moved two IZeso!utioti.; the
first, that the duties ou lostirahces Tram fire, i., the
West-Indies, mid places beyond the seas, •Nhould
c use and determine. The secoad, that ev,ty
ut-
surmnee on merehaudite, winds. &e. in the ti
Indies, should limy a duty of 2s. lid. far ever hun-
dred pounds iiimred on every fraction of tool. from
the first hundred upwards.
These Iltesoltittoos being agreed to, the 11'1449
resumed, and the report sic. ordered to be revetieS
to-tuarrow.

IRISH GAOLS.
Mr. W. Pout moved the Order of the bay fir
the House going into a Committee on the Lids
Gaols Bills.

The blouse having resolved itself into the C. 15...
mittee, these Bills with Amendments were read ;
the report received, and the further eornoileratifin
of the Fubject postponed till this defy fortnight,
when they were ordered to be printed.
Sir JOHN NEWPORT, adverting to return order. d
to be laid before the Mute Lest year, and agum
ordered this Session, but which had act yet It. ro
produced, wished to kai:w wirer. this return of the
fteetilat ions, &c. made by his Grate ti.e Mike of
Bedford, in the Customs and Excise of Ire land, near
the end of his Ad istration in 'macs:Loewy, wcttld
be forthvoining ? By its being kept Ire. It, hr. i.e-
keyed that these &deism sunlit's-or% had nut b vu
carried hate eftixt, by winch weans fhe 4 CPUiltry MA*
&wiped of em.iderehle liertetit.
Mr. W. Pui.e, 11111111. W er, 'slated, 111'.t he beln.v.• I
the return in question *.is now in Lindens, a. d
would he presented this night or to-morrow, to
Howe.

The Returns ordered try the ilott,e, rdstit, to
the Adjutants, Non-commiss,nued Officers, to
the Local Witty, were hronght up and laid on the
tattle. and ordered to be rintesi.
SICILIAN SUBSIDY. -
_

Mr. Luamineron brought up the Report of t"e
Conanitie.if Supply. its whiuh dtr Reenlistion fer
;granting 400.0001. to the Kiog of Sicily ems agreed
to; end moved. " That the Reoi'aihou should be
read a second time." •
Mr. LAMBS observed, that all the grants so the
King of Sicily. the original annual subsidy of
.tou.uuul. the loti,oool. added last S. sion, and the
present *Motion of 100,0001. driumpi.ri ou netain
..npulatious cud Itsreenuists betw. en the crontosint.
Moe, as it appeared from the stateturn• of If as Ma.
sly.t.M.ni-teg.lllSt Setbinti. that th. re was tither a
iniasiaderitanding bvtareti the Courts O.
aaJ tondos., inaneauch, th..t a treaty was bCts I to %MS

country, which was returned to Sicily as unfit to be
ratified, he could not lir 1p cousideriog the present
as'rather an improper season to call un the House
to concur in this vote. It migiit be stud these grants
were'raade in confidence, but he could never be in-
duced to consider this as a sufficient ground for his '
vote, under the present circumstances of the two '
countries. The Ilotise would but ill discharge its
duty to the country, if they consented to vote mo-
ney under so touch doubt and uncertainty. With
the old treaty it was not his intention to find fault,
but this additional grant in the new, lie must op-
pose. He was anxious to know, before he voted
money for it, whether it contained any thing of a
commercial nature, favourable to this country ? lie
had heard front authority on which he relied, that
'hough our manufactures were in great request in
;icily, yet that in commerce with that Island, we
'ere the least favoured nation on the fuce of the
felt. Where a duty wet laid on our goods so heavy
almost to *Omuta to a prohibition. This, lie had
m informed, was not owing to any indisposition
the part of the Sicilian Government towards our
chants. On Clue contrary, several overtures on the
\act of a more friendly encouragement to our
e, had been made to the British Government,
h they had neglected. Ile could not help also
anxious to k -sow, litho' treaty contained any
'winos of a moreanilarged political nattire ? By
'n,-4 the country, we had given the Sicilian
natient au opportunity of saylog (he acknow-
, without foniulation) that we had brought
imp all the hostility of France. We might,
re, be disposed to du all in our power, t out-
wit!' national policy, to aid that Govern-
But here we had in Sicily 10,000 men,
any military purpose, offensive or defen-
ley were locked up by the Sicilian Go-
, and when their services might have hero
al its Coitulouia. that Cioveruinent insisted
naiuiugin Sicilyou the termsof theirtreaty. '
treed to think they were not rrtansed to
the French, but to ovelawe the people
try. generally. and not without reason,
'o the government ; under which they,
tottery, suffered so much oppression.
of Sicily were represented to him as
form at so. rate. It was mortifying
that our alliance identified u. with a
so misguided and radically bad, that
for the Britian character, all the faith
lity and hoopoe, all the gratitude for
ud genernsitv, and all the reliance on
uld not ituruce the people to give us
o France ; whose ineuletet rapacity,
try, whose Military estaittons, (Non-
union, and, M fine, all the bitterest
government they • hurl most *e-
lated as we were sith the Sir-than
might inaist on internal reform.
t expense, not only in an urmy
but for transports on the co-rot,
id ordinance fur the defence of
cities. Would it then be too
in return from her Govern-
hich would render our assist-
conciling the people to their
of the Excnktatma said,
linkman had entered into a
ie present occasion. he would
to notice such parts its up-
the grant before the House.
'rout the lion. Gentleman,
ugh opposing this vote, to
sions with Sicily ; and in-
' that not only the present,
of this country, and men
iis connexion es of value
is well as with regard to
a Malta and the Medi-
ie might assume, that
pinion as to the import-
iendence of Sicily from
is had been so felt at all
nt thought it worth a
asideration it must also
Gentleman himself
sere bound to Sicily
Se circumstances at-
he war with France.
-man hind gone a lit-
Nona§ derived from
easily be traced to
a * general dislike
ski Governments—
ight have been in
tat there might be
,teed to deny; bat
re was no proof.
that effect ; for
men. mad. wild,
that there was
th fighting for ;
Its in our Con-
n submit to it,
its evils But
tent ought to
ther Govern-
mr own en.
e right, it.
un others.
ibing terms
I if we in..
fe and sug-
nore so, as
affording
to grant-
,al treaty,
id down
were to
e money
311451011 ;
original
he un-
furling
ad oc-
cilian
r Fo-
it it
in
be
the
cd
7

rate of eseitalige on 300,0001. II) his opinion the
'nue %%as not so pressing sots call for this vote be-
fore the [louse were in pos,ession of the treaty.—
lie defended the arguments of his lion. Friend
(Mr. Lambe). The line he recommended was not
to pre,. as Legislators on other countries. but to
say 4. unless you take such measures as will render
our co-operation efficacious, all we can de, even

Had we (Inutile our force, cannot support you

against the immense power of France." Were we
in those matters to look only to the governing
powerscif the country we ar►isted, and not to the
people? Ought we not rather to see that our tab-
nei was not misapplied ? Why erere.Ministens es
delicate with regard to Sicily, since it appeared,
from papers on the table, that Marquis Wellesley
did nut hesitate iu du:tenons to Spain? In this, Mi-
nisters departed from their own principles, and were
inconsistent. In Spain they were right iu their inter-
ference ; and he could conceive no stornger cafe in
Europe than the strong oppression on the Sicilians,
which Mid existed for twenty years, under the' Go-
vernment of Naples. It was on ibis ground the
French formerly got possession of the island, and
nieintained it, till driven Iromet, in consequence of
their exam ions and oppression. But the people had
i now forgotten that tyranny, when put in compe-
-1 rison with their existing evils. Our advice to re-
medy these evils would only be as it war in Spain,
an interference in the common cause ;- and every

Power ought to take it in good. port ft:out an ally.
The, question being for en augmeutation, he could
not conceive why the House should not wait till the
treaty on which it was founded arrived. If he could
solve the riddle at all, it was only in this way, that
His Majesty's Ministers, plunged ip difficulties,
wished to get the money bills pressed throagli the
House, without notice, that they ;Wight hiSten the
prorogation of Parliament. Were it only on thin
ground, he would oppose the vote.
The CHANGSLIAII of the EACHEQUBR, and Sir
E WPM"? severally ezplained.
Geoeral 'lrsat.terow would have expected the
Right Hon. Vent. opposite, in answer to the re-
marks of the Hou. Gent. behind him, (Mr. Lambe,)
to taste 01)e of three things : Either that the sum
proposed was necessary for the defence of Sicily—
' or that it would conduce to our commercial interests,
or that it would contribute to resider the island a
More complete deput for future military operations.
He hail, how. yer, stated visor of these thus s, hut
had en 4eavol:-ed to itii Ili/4 sensation in the House,
about die oii.sions of parties, and sayings used by
persons in or out of the House. Neither bad .the
Right HOll. Gent. answered the question relative
to our merchiirrs being wo,st! treated iii Sicily than
those of any other country. We had upwards of
15,000 men in Sicily, and with 'all this expense al-
ready, and no answer to the points on which infor-
-111411011 was requested, lie could not think the vote
proposed a wise one, particularly as the subsidy
must go out of the country So motley, to the great
detriment of our own military operations, which it
appeared had been retarded from want of specie to
carry them ou. On these graunds he would pro-
pose to revert to the original treaty, mid, la% an
amendment, insert the word ‘, Th fee" for Four."
before the words hundred thousand pousirts,'
the present treaty.
Upon this atneodinent the gallery was cl,tred.
aud * division took place--
Fur it..

Aiiiiitist it ss
Majority....., 34
The original vute of 400,0001. was accordingly
read a sercitui time.
CRIMINAL 1.4W5 IMPROVE \II7NT.

On being re-admitted, wr found that S.r Sp4UEL
Roltlf.l.Y had moved the Ord. r of the 13 ty to. the
further consideration of the Report of the Privately
Stealing Bill ; bome amendments to which were
read.

On the motion that the Bill and its amendments
should be engrossed, bring put—
Mr. HfillaV.RT said, that it was ;NWs with the
greatest reluctance he oppoird any thing proceed-
mg from the Hun. and Learned Gentleman oppo-
site ; but the present motion went to all alteration
iii the criminal code of the country, which he, for
one, could not approve, and which, however unplea-
sant the task, he felt it his duty to resist. The
Hon. and Learned Gentleman appeared to lion to
have over-stated,hy a great number, the dispropor-
boo between those committed for capital offences,
sad those upon whom the law was actually put
in execution. He allowed, at the same time,
that there was a great disproportion, though not to
the same degree. But this, he thought, even allow..
ipg the statement to be correct, win.: hardly a fair
way of considering the question. Besides the list
of those convicted capitally, the list of those who
had been punished in any way shoot(' be taken into
account : and if they were to consider the numbers
who escaped f the iutlolence and the avarice of
prosecutors, from false witness, from flaws in the
indictments, and also from the peculiar nature of
the trial by Jury, which, with all his respect for, and
attachment to it, he must my, had this fault, that
it was subject to much uncertainty ; if they were to
consider and make allowance for all those causes,
the disproportion between those committed and
those convicted, might be accounted for on other
grounds than that of defect in the law itself. It
was a principle universally acknowledged now,
and ably laid down by Dr.. Paley and Mr.
Basil Montague, that crimes should be punish-
ed, not for revenge, but for example ; nut
because they had been crninieted, hut because
the repetition ought to be prevented. With this
object in view, they ought to be cautious in 'Mil-
gating the criminal code, as they must thereby re-
more one strong prevention from following such ex-
atnpb.s. The law to which the Hon. and Learned
Gentleman alluded, was the sth of Elizabeth, 1552;
and he (Mr. Herbert) was sure that he would he
borne out by the preamble of those acts, in saying,
that they were laws made, not it) the spirit of re-
venge, but with the just and rational oluert of pre-
venting crimes, and the influence of their example.
This brought hint to consider what punishment
should be substituted. Would the Hon. cod Learn-
ed Gentleman wish to follow the example of Russia ?
Or would he agree with the Marquis Beccaria ?
Would he resort to solitary contineineut, as a milder
substitute ? Whether milder, whether more meter-
fol, or not, he would not now inquire ; but lie
was convinced, that there were many persons in
this country, who would contend to the last against
such a system. Upon the whole, it appeared

to hi,n, that, in die prestut state of society, our
properties were preserved et the expense of as few
lives as possible. Ile Wda sure that many offences
were prevented by the terror of death ; and it was a
language which he had often heard among the lower
classes, that such a thing ought to be avoided, be-
cause it was" hanging matter." He did not wish,
from the observation he had wade of its effects,

and the view he had of its principles, to alter the
laws of England, or make any material changes in
the criminal code; he would, therefore, second soy
person, who, agreeing with I • in sentiment, would
Move uny amendment, tending to check the .pro-
gress of the present Bill.
Sir J. NEWPORT said, that if he could agree with
the Hon. Gentleman who had just sat down, that
the severity of punishment would operate snore
strongly than the certainty, to prevent crimes, he
would agree with him also in opposing the present
motion ; but as he was of opinion that the certainty
was far more efficacious than a severity, subject to
relaxation and remission, he must take a different
part. The Criminal Laws of England required
inuch amelioration ; they were bloody, not to prac-
tice but in system ; a system which outraged hu-
manity so far as to he irreconcilable with the general
feelings of mankind. and incapable a practical
application. He coold inetance this effect of their
severity from that part of the I. tniterl Kingdom to
which they both belonged, and which might pro-
bably prove to the Hon. Gentleman, that severity
of punishment did not always produce the effect of
preventing crime or furthering justice. Some time
ago it was a capital felony i-, Ireland to cut down
trees, night or day ; he was acquainted with one
gentletn.in who had planted a vast deal, and dedi-
cated much care and expense to agricultural im-
provements; so strongly was he impressed with the
necessity of making examples of those guilty of
that offence. that he was known to declare fre-
quently, that, severe as Ire thought the law, he
would put into effect. After some time. a person
was detected in the set, upon his estate, and coin•
twitted to prison, upon his charge, to stand his
trial the next assizes. He (Sir John Newport) re-