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

%ties b eta* elkat, le bit evintee, dtis Silt
woidta set effectually the commies
If it was found that the
seas wet toe law, let theta be raised ; bet
let it not therefore be said, that diet was an
'deuce which in any degree ought not to be
punished with death. Might not. he would ask,
mousy cases *rise iu the Instance of stealing in
dwelling...houses, where it would be right to push
theliw to its utmost extent 2 The aggravated case
attenuant stealing from their master* would he es-
cuipied from capital puoishment by this Bill. It
had beeti_cociended strongly that prosecutors were

deterred frame prosecuting, by thesererity of p h.
went. It should also be recollected, that there %vete

isnotteraistorested from offeuthi:g by the panne
ce•sidanstlee. 'souther was certainly gr. at,
thOusffr hits, use, it could not be soceitanied.
The ebildif present Bill. it ahould be re-
-144 nut to get rid of the severityfa bat of the 'severity of denuncia-
d and Learned Friend pro-
, I sespeat the improvements which hail
bred lately made ; yet, by Our Bill, he would
~
--strut the system en which they were fouudrii. If
the.sestrity of punishment *a* softened. not the
hardened elliender, but the boy would be en-
eseraged to transgress; and the flouts should take
tare hue they would place themselves in a siting-
tiou._by legislating now, the bad effects of which
could only be avoided by legitlsting again.
Sr& Rowitte *aid, that after what had been
already int ably nrked in defence of the Bill, he
would not secupy much of their thole. The dist-
eussioa had branched into tan head—the one re.
epectiug his opinions, the other tropecting the Bill
Itself—to the letter he should chiefly apply him-
self, so that was properly the question before them.
Isf the passing of the present Bell was to be mai-
dared as a taatterof personal favour to him. it might
be rational enough tit throw it out its consequence
of his °pillions, if they were objectionable ; but it
was no matter of personal (aims., it was a matter
in which they were all equally toncerned. He had
not stated any intention, although it was imputed
tit him of bringing fors-and any other measure*, in
ease be should succeed iu this; bast supposing that
he bed declared so, how could the success of this
by possibility Moist him, unless from experience it
.bed been found ee useful as to give encouragenteid
to ether alterations ? One Hen. Gentleman seemed
to apprehend that it was his intent lass to introduce'
something of the French Police, while another
seemed to dread an imitation of the French Rem-

littlest ; really, he could assure them both, that he
did not intend either, but merely wished for
•an improvement of ocr own criminal code.—
The quiratitio, he admitted, was, whether the Bell
ems likely to prevent crime more effectually? It
had been said, that he went eutirely upou theory ;
the fact was, that he went entirely upon practice..
The fact bore him out in asserting, that the offeuce
of stealing in dwelling-horses les much escreosed
of late, in consequence of the severity of tbe pu-
sishilseet. • He deprecated rawly the idea of lesir.
lag it its the power of an austere 'Worlds's' to deter-
mine, as was the case in some instances, whether the
deader should he poosecisted capitally or otherwise.
lint the severity of the law, as it at present stood,
world Dot have the effe ct of endearing the punish-
moat of those aromas who stole from their mas-
ters, •• the contrary, it would insure their un-
ruly. Ito lean could bear 16 prosecute a ;siemens
death. upon shoe. face he was in the daily holed
of
lashing • and for want of-a moderate punish-
OM. the Offender would escape. Even June.
thtstiselees saw diesetilt7 and doubt in many cases
to wheels they did sot exist. for no other reason than
this same severity. There was an instance. about
•yeer ago. in the Old Bailey, of an old wonease
who was tried for having stolen ■ WI. note ; this
Dote the had taken in a boa of no value whatsoever,
• sod the jury firelight her in guilty of gelding so the
antoont of 396. They were in the habit of finding
Sheets of the setae value, of duflerent values, at dif-
ferent times, in order to make the punishment ca-
pital or toot, according to etrettuistances. Nothilig
1•4 been said open this point, but he requested
them to reflect upon the impropriety, if it deserved
90 coal • term. of thus encouraging the coin-
promise a conscience. and driving men into
greeter guilt, from their huinamity. then those
eulprits lead been s bruited with, upon whose
fete they were to. decide. Ne,7nutent the south°.
tity of Lord Chief Juortee Hale, is; contra-
diction to the eswertion of the Chaucellor of the Ex-
chequer. that those points were left to the di.cre.
tern of the Judges, from the oldest times. He had
never contended that the Judges should have no
discretion, but that they should hare as little as
esible. A Itight Honourable Friend of his
(Mr. Windham) had ridiculed the notion, that
the certainty of
.punishment was more eliectuul
trait the severity, but he should leave recol.
lected, that the great authority upon which he
had em largely drawn that night, Mr. Paley, set
obit with that very principle as a fanisdation. Much
bad been said of humanity, hot he had never put
the question epos that grottod.it was upon a ground
otjastice 'sad of policy thee he rested it. But it
had been inferred, diet, because he did not cite the

authority of the Judges, they were agoiost him.
Nothing could be more iinfsir thsu omen Beason-
, iug ; the fact was, that he had communicated to
thealt Judges an idea of his intended Bill, and had
loseived no answer from any of them ; but he had
the authority of all the Judge, with him, for tl.ev
di./ not execute the law. Every person who }ayl
beard the seuteuce of death pronounced, mint feel
that it was axe of the most talcum of ceiruto-
ales ; but whoa they knew that moat of those
si;.os whom it was pronounced were um to suf.
'fir. they west see, that, with respect to them.
the words were oust' wasted, sad with rcei,ert
to the others, that they amounted to little
more than a solemn mockery.—They were hen) el!
op with hopes to the hest. null then taken, as it wen-,
be surprise. end launched iuto tternity. Such a
%Istria was creel to the indiroJeal, mad uo benefit
to the public.
Strisugees were then exeluded, and the !louse di-
tided.

Few cir c Remaly's wasition
Agates, it

Maj.rity
On being re-ndasittrd, or found Sir S. Ro-
1111.LT on its kgs, r►Rretting th. thin uttetidanre
Willie Honer, arid expressing Lis hopcs. *at the