The National Register.
London, England, 1818-08-16 00:00:00

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J.,. aujontl

No. 549 .--VOL. XI.

I'OLITICA L DISQU ISITION.

ON CAPITA:. VIINISUMLNTS.

IT may be observed in the words of an itgenions
Writer,* well acjuainted with the principles of human
that the degree of punishment and conse-
quences of a crime ought to be so contrived as to have
' the greatest possible effect on others, with the least
(47essible pain to the delinquent.' This sentiment of
truth and humanity will stand the test of time, and
retrain to the remotest ages of the world, however
broken in upon by man, in the practical course of life,
under the influence of his passion. and his prejudices.*
To the above human reflection may be added another
position of the same author, as also of several other
writers of emineu.o, who have treated on the subject,
That crimes are more effectually prevented by the
orrotridiy than by the severely of punishment: This
nnasi of sound prisprudence is very warmly adopted
by ti most sagacious commeritatort on the laws of Eng•
laud, who has amply expreesed himself with much force
mid ele;:,ance in the following extracts from his writings.
—They contain sentiments whic:t cannot be ton often
revived, nor too deeply impressed on the mind of the
legislator, the philanthropist, or the man of the world,
and as such deserve to be engraved on tablets of gold.
In witting on the measnre and effect of human
iuflietions tin offence, he says, We may observe that
" punishments of unreasonable severity, especially when
indiscriwitiately inflicted, have Mots effect in prevent-
' iug crimes, and a:nettling the manners of a people,
I than ouches are more merciful in general, yet properly
• intermixed, with due distinctions of severity. The
' excessive severity of laws (says Monteequieu) binders
their execution. When the punishment surpasses all
• measure, the public, out of humanity, will frequently
' prefer impuuity to it. We may further observe, that
6 sanguinary laws are a bad symptom of the distemper
of any state, or at least of its weak constitution.'
It is, moreover, absurd and impolitic to apply the
6 same punishment to crimes of different malignity. A
• multitude of sanguinary laws (besides the doubt that
' may be entertained .concerning the right of making
• them) do likewise prove a manifest defect either in
the wisdom of the legislative, or the strength of the
executive power It is a kind of quackery in Go-
' vernment, and argues a want of solid skill to apply the
sante universal remedy, ullistrum suppl eium, to every
MSC of difficulty. h is, it must be owned, much easier
to extirpate than to weend mankir.d. Yet that ma-
' eistrate must be esteemed lsoh a weak and a cruel
surgeon who c..ts off every liath, which through ig-
' norance or indolence he sal nut attempt to core.'

ak.ti4fl,

Though we :nay glory in the wisdom cf the English
law, we shall tied it diiiicult to justify the frequency
' of capi:4l punishments to be found therein, Etlictcd
• (perhaps inattentively) by a multitude of successive,
• independent statutes, up. n crimes very ili:lercut in
' their natures. So drca.lful u list, instead of
di ninirh-
• ing, increases the nuntb:r of off,:odcrs. The iojorcd,
' tlaimg7t .-onpassion, niq often forbear to proiecnte.
• Juries, through cu,upassion, sonitti!ues forget
• th..ir oaths, and either acquit tha ;,:ttilty, or mitigate
' the nature of their offence ; and Judges, through
' compassion, will respite one half of the convicts, and
recount:end them to the Royal Anioag
• many chdnces of esetiping, the needy and the hardened
• offender overlool.s the midtitude that suff•r : he bohlly
enptges in some desperate attempt, to relieve his
6 wat.t.l or supply his vices ; and if unexpectedly
hand :,titistice overtakes hint, be d.•ems hiut.•ecf
• liariy unthrtuncte in falling ut lust a aucriiice to dame
• '.iws which long impunity hds tuogtit him to con-
'

• B iczai la.

t Judge PlfickAcne.

Works, Vol. IV.

Our Cort6titution Ant gam.

SUNDAY, AUGUST 18, 1818.

SINGULAR LEGAL DIIFICULTY.

A most extraordinary, and ;adored an unprecedented
eircumstance has just occurred in the city of Gloucester.
On the evening of Wednesday last, Mr. Ricardo, the
High Sheriff, and his retinue proceeded about ten
o'clock, in order to meet the Judges, Sir William (=ar-
row and Mr. Justice Holroyd, on their way from Man-
mouth, where the business had detained them rather
time
lata-latwomPAid vosfAirserd. fink
mouth with the Warm* vipeatiiiii; tril. all his olitTi
•

. .
did not enable him to rent Gloacestsr before i 2 o'clock.
When Sir William was in the Sheriff's carriage, Mr.
Ricardo suggested the ptobability of the illegality of
opening the Cenimission on Thursday instead of Wed.
day, which was the specific day.
This at first did not very forcibly strike Sir William
as a serious objection, and lie opened the Commis:4mi as
usual. In the morning the Judge, Sheriff, Ate. attended
the Church, and the Assise Sermon was preached by
the Rev. James Hitching'. The Grand and Puty
Juries were sworn in, and other proceedings commenced.
Mr. Jostise Eltdroyd arrived in Gloucester about three
o'clock in the afternoon of Thursday and a ctmsultetion
was held on the suldect of the non-openin,g of the Com-
mission of Wedndesday. Mt. Jairitt, Dauucev,
Mr. Pugh, and several other Gentlemen of the Bar,
gore it: their opinions and at length It was determined
that great mischief, both to the Crown and Civil side
of the Bar might ensue, should the Judges proceed to
trial under those extraordinary circumstances. The
Court was therefore adjourned till this morning
(Saturday), and the Under Sheriff meanwhile
went 'Mt eniress to the Chancellor, in order to have
his opinion, and to know if the business of the
Assizes could be legally proceeded cm, or if it was
necessary that a new Commisslon should be issued.
Glaueerter then bacame a scene of cons dyable
confusion. Lawyera and their clients were seen running
In all direction's- The Witnesses, all of %idiots} we
to remain at Gloucester, twee lamenting the loss
of time they should sustain. barristers were renewing
their terms of lodgings, and indeed nothing could equal
the confesion of the city of Gloucester, when the tidings
of the adjournment were made known. The conse-
quence:- of proceeding to trial were not at first con-
jectured. They might have been of the most lament-
able and mischievous kind. Prisoners might have been
deernedillegally punished: decisions of lawsuits, would
have been null and void, and even the Sheriff himself,
had he proceceded to the execution of a sentence of
(legh, might have lxvn indicted for wilful murder.—
The misicty that pervades the City, it is probable, may
not spec:lilv be determined; fir it is uncertain how
soon the Chancellor may decide the mommtous nail
unprecedented question. His Lordship may even think
it rccc.,sary to summon a nwetim, of the Privy Council,
and nt this season of the year such a meeting cannot be
speedily assembled. From theevil and the inconvenience,
however, good may eventually proceed, stud the present
necessity there is tar a Judge in prupria persoma to
open the Commission may be set aside, and a Sergeant
s:nt tiirward fir this purpose, when the btu:lilts% of the
pewee ding Assixet is of unusual inagnitude.—(o.rArd
.lagrbt 15.)

The Duke of Wellington has b,eo:ne a distini.,mMied
collet:tort& pictures. He has lately made many valua-
ble actioisitions on the continent, particiikrly in the
Flemish seltool. His Grace has desired that a gallery
for the reception of pictures tray form a principal fea-
ture in the mansion to erected On his Parliantenta..y
estate. \Vu are glad to see his Greee co; tiratiog a taste
for so beautiful an art, and wish him success ; from the
specimens of his purchase is the lust we
think he has not been very fortanate hitherto ; the
pictures of Cuyp and Ostade were not in the hest style
of those misters, and except " A Isoten Town, by
Vander eyilen," there Ara! not one thlt 'vas. O. thy et
the wealth and fame of tlie prop:i..stor, or
of th artists whose IIaIUCS they Isms.
Ott Friday se•nni;:lit his Imperial Ilighlies the
Grand Dohe iehael was presorted with the free.hru
of the city of Ealahargh voted to Limn via Vt7,2.liles.lay,
and was splendidly entertained by the Lord Provost at
his own house. His Highness seemed highly gratilica
by eke at ..attions biol. A I piper, in 101 l
pta:ed national airs in. front of the house,
tieect.;(l particularly to attract the wake of the
(;rand Dake, who, as natal, rose, noon dinner to pa.s-
-tai-e is arace, fr.w.,, 3.c. at « +;:ry sari;

PRICE 94&

DRURY LAYE THEATRE.
COURT OF CHANCERY, Auo.lg.

The Lorl Chancellor on coming into Court this
Learning, proceeded to give judgmatit in this rase. lie
observed that it came before him by a motion fur the
injunction being dissolved which he had on an es prirfr
statement granted last Saturday. When ho grunted
tha i *upcuoh, he did it on the condition of &mediate
,sist -en to the defendants, beeituse he had
Ameba whether be (login to Itsvit
:rolled it or Woo; but he wished these doubts to h:t
removed, not by any opinion of Ms men, bat by a coal
and dispassionate discussion of the whole at the Bar.
The Bill ,(the contents of which had been correctly
stated by Sir Samuel litonsilly) went into a long de•
tail of the two Acts of Parliament passed in 1810 :ma
18 I‘2, and it also described the various dealings of the
ilefaidants. It would therefore be necessary tirr hire
to read these Acts now, and to mike some observations
on them, as he would be thereby the better enabled to
skew the facts of the case mount:sly. (Nese Ms
Lordship at great lenglh went over the afferent clauses.
of the Acts.) The result of the wboks was, that by the
first Act the proprietors vete constituted a corporate
body, and had powers vested in them which the Le-
gislature gave them very para.:tiler directions how ta
discharge. Pe might 10 it down as a principle of law,
that while the powers vested in select parts of a
Corporntion.couldbe exercised by tae :eke t parts of that
Corporation, it was impossible for him to say that a.
body of men could assume powers whirl* were not ;Ores
them by the Act of the Legislature. 1 hegeneral assembly
of proprietors in this case might give advioe, at least they
might appoint a Select Committee to give such advice,
but that Committee had no power to dictate to the Go•
neral or Sub-Committee what they ought to do. If it
was true as war alleged, that the General Committee
was not a valid one, and that this Sub-Committee was
its the sante state, by not tinting agreeably to the pro-
vistuni of the Act of Parliament, then the question
before him was, whether the Corporation could anv
longer exerbise their powers, and he must judge of that
as he would du in the laws made relative to corporate
b adios This question, however, might us well be
avoided, for the Ihinefit of all parties. It would perhaps
be as well fur him not to go into the afiiiluvits at all;
yet he felt very much that this speculation was going
on at an immense hazard. Of this he was very deeply
convinced, but how was it pmsible for hint to in-
terfere in a CM! where the pweN of the Committee
were settled by Act of Parliament ? He bad given the
case his most serious attention, and after weighing all
the circumstances in his mind, he was decidedly of
opinion that lie could not support this injunction, on sr-
count of the absence of parties ; this was not the only
reason, fur he also was convinced that no Cali() whatever
had been mule out to justify him in continuing the,.
injunction.
The injunction was accordingly dissolved.

Thor Any a warilinote for the ward of Farringama
Without, W31:4 Bala ut St. Bride's Church, for the per--
pow ofelecting 3t per-op to serve as Common Couniatines
in the room of Ur. Waithman. Mr. Fivins !implied
Mr. It. Taylor, of Shoe Lane, printer, and wated that
he Witti to rains'. Mr. Clark wits also proposed,'
but finding the majority of the meeting was in favour
of Mr. Taylor, be resigned the emltest. tlis.n a show
of hands Mr. Taylor was declaeNl unanimously elects'.
Thursday mimic; the principal CaMier eie Bank
of England fruited on the gentlemen of the Stuck Ex.
change, to infigni them the Clialicelior of the Exchequee
Would he ready to receive their bichlim., tin the first
State Lottery for the year Oil $, on Sitturthiy, the X 34
instant.

A German ppm. mentions, that a horribt• mirder
has been committed by wane fanatics io the
i•iivle of Leissnig, in Saxony. It i+ said, that en arti.
!an, of the name of Kloos, has lattly formed a pretty
namennis sect in that part of German,, who have
a 'opted the belief that they are lama to sacrifice nut
only brute animals, but human beings to the Deity.—.
Tho German paper asserts, that s;:veral attempts 'vhich
plecure victims had but at
length, a p"nr man who was not a member of the suet,
ilas been murdered in the most atrocious meaner. The
wi„,ie country about Leissnig, Coldits. Grimmu, (6.
chat/. &c. 6 in no 'Att..: alarm at the estensi% a
L'e this sea.