The National Register.
London, England, 1808-06-19 00:00:00

PRIVATELY STEALINc. BILL.

Mn. Byrn.°lv opposed the Bill, as being of a dangerous ten-
dency, by holding out to the world, that capital punishments
were inconsistent with the spirit of the Constitution. The
Learned Member entered into a series of observations upon the
extent to which crimes of burglaries, pick-pocketing, shop-
lifting, and almost every species of offence, had arrived at ; in
all of which ihe ingenuity of committing the act privately con-
stituted the offence of the mischief. Ile was afraid the Bill
would operate as a proclamation of impunity to offenders, nu.
less the punishment to he introduced into tile Bill were made
commemorate with the crime.

P/GoTr defended the principle of the Bill. in this he
nitiotained that he was supported not only hyt2so years ex perience,
hot also hv the assertions of Mr. J ustice Blackstone, and a later,
but a.: philosophic a person, the Learned Archdeacon Paley, all
of whom chew that the penafty of death does not prevent 'the
peyetration of the crime. _ _

Mu. Lc ITE•ri:u said, that several lion. Members seemed ra-
thet to mistake the practice, as it prevailed, relative to the pu-
nishment Of °Wenders of the description mentioned in this Bill
Tue Judges could have no possible wish to carry the law to tts
last extremity, and it was alwajs with reluctance mid sorro►:
that they complied with the severity of our capital punishments,
and of delivering the wretched culprit to the execution of the
law ; but he appealed to the good sense and humanity of the
House, v. hether it would not be better to let the law remain a,
it is, and leave in the breast of the Judges that discretionar•
power which, for so long a period, they have exercised with
wisdom; justice, and mercy, rattier than direst them of it now ,
when, by doing so, that terror is removed, labouring under
hich, has prevented the increase of crimes to that extent which
otherwi-e they ivould have reached, if those wise and salutary
laws had not checked them. Whenever the circumstances of
the case will allow it, the Judge never fails so to represent it
to his Majesty, that the punishment of death may be committed,
ti which, whenever such representations are made► his Majesty
most graciously, and with his wonted clemency, uniformly con-
cedes. In fact, it was found by long experience, that discrt.-
tiouary power of the description he alluded to, must he left in
the breast of the JuJge ; if not, instead of preventing, you en-
courage the crime, or, at least, go a great way towards it. The
Learned Gentleman concluded with stating his decided disappro-
bation of the 14 in its present shape.

SI

SIR Ro:IILLr said, that is m much objectioa wa
made to the preamble, although in his mind it cl nve ed a truism,
yet he had no objection to forego it, rather tl.an endanger the
Bill ; at present, front the severity of the statute, it became al-
most a dead letter, for between th:! compunction sisal compassion
of prosecutors, witnesses, juries, and
.judges, many offenders
escaped punishments, nod the prospects thereby afforded of the
many evident, as well as acc.dental circumstances, that led either
to acquittal or escape, only ei:couraged the commission of of-
fences, till they became so nu:neraus and so bod, that they
reached the most munition; crones at last, and society therefore
was infinitely more injured and exposed by this law than with-
out it. The lion. and Learned Lie.:ileman concluded with iting
Blackstone in support of his arguments, and trusted that the
time would entertain tie bill. The questi-n was then put
and carried without a division. The House then proceeded in
a Committee MI the Bill.

THE SOCICITuR GENERAL then proposed an amenintent,
making it felony to steal from the person of another without
that degree of force that constitutes robbery ; leaving, however,
the precise degree of punishment, in some measure, to the dis-
cretion of the Judge, and making the highest degree of punish-
ment for this species of crime transporiatom for life. But he
also proposed, that it should be iu the discretion of the Court
to inflict, in certain circumstances, the punishment of only seven
years transportation ; and for )(longer culprits, he should pro-
pose confinement in the common jail for a period not less than
three years. Ile then proposed to submit a preamble, stating
only, that " Whereas the said Act has not been found effectual
to the prevention of the crimes therein me,dioned, that it should
be repenled ; and whereas the taking from the person of any
man without such force as is sufficient to constitute the crime of
robbery, should be punished more severely ihnn simple larceny,
the person convicted, mid all Ilk alders and abeitors, shall be
liable to be transported for lire, &r."
Sin S. RoMILLE ohjecicd to the clause ; hut as it seemed to
meet the general sentiment of the Cominittee, he Should not di-
side the House upon it. Ile coincided in the opitiiiai as to the
ire!licacy of limited transportation, and lamewed that the Act
(or establishing a Penetentiary on the principle suggested by
Mr. Bentham, had never been carried into execution.
The house then went into a Committee, and the Solieitor-Ge--
neraf brought up his clause, which was read pro forma, ante
wade part of the Bill.

tiPAIN.
Ma. SHEBIDAY said, an idea Seemed to have gime abroad,
that he intended to submit some specific proposition with'tegard
to the subject ; but he desired it to be distinctly understoo:4, that
he did not mean to prescribe any thing whatever to Alii*.ters
is to the conduct they should pursue; he meant nothitv More •
than to call the attention of the House to the interestinr
thin of Spain at the present moment, and it was far front bei.og.,
his design to lecture the Goveroment on the subjf,ct.. He',has
slrry that any thing like an expectation should ,haVe bi•en
that he should be so devoid of muterstanding and e...en
good taste, as to tipkok of laying down any specific plan to he
imrsued by Ministers with re and to toe present situation of
Spain. He wanted Ministers to c,,g;.9,-e io no romantic and tlis-
;)ropurtioned efforts for the deliverance of that country ; set
ever since the first of the French Revolution to the yesent mu-
•Aent, if the enthu-iastic spirit which had broke out in a p:-_rt of
Spain, extended itself like a rapid dame over the counter, it
struck him that there never was in all that time so treat an op-
portunity for this country striking a bold and decisive bl t v for
lie rescue and deliverance of Europe, ar at the prestot moment—
( Mar ! //cc/. ! ) lie was disposed to trust that MV,ters ia
4..neral, and particular'} his Right Hon. Friend, wotd,t not let
-,ip such a glorious opportunity ; and he would conjnee them
.tot to deal in driblets and in SIIIIIII measures, as had been ton
often done by this country. They ought to do much, or they
s'.ould do nothing at all. ile was sorry' to say, that tint oLe
sii;gle Cabinet of which he had any knowledge, ever eNisted in
thk country, that followed one sitti:,l,.! object in their plans for
the deliveraace of Europe. instead of striking at the core, they
were generally found nibbling at the flied ; they went Melting
rot. a sugar island, while all their efforts should nave hem Jirect-
d against the radical evil. From this general obsen:dions
nowever, he must certainly except the late 11 r. Burke, and icia
Right Hon. Ft ieni (Mr. Windham):
tern then would be, do what you '

fully, or not at all. Avow in the pi
pur-iues no private interests in the sul
.on have nothing in view of what
interests. but that your only object,

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and of the world from the most unprincipled aggression and ty-
rantry—( Hear ! Hear ! ) Ile did not mean that the spirit Nf
this coloary should be exrilie' to any ruin:lll6C excess of exer-
t' ;if the tiame of patriotic zeal burnt so high in the peop'e
of Spain, as he irtnaed it did, all !ie canted was, that it should
be met and nourished with corre-pon ling ardour by Minister•.
The career of Bonaparte had been hitherto must victor' be-
cause direc ed against nations indifferent to their Government,
against Ministers o ithout wisamn, and Princes who depended
on hereditary descent, rather than talents or energy. Thai
tyrant had %et to learn what it ‘; as to tight against a people
united by patriotic zeal, and deterinOwd to risk every thing in
defence of their independence. Ile certainly wished to leave
Ministers entirely to their own discretion, as to the mode and
extent of the assistance which they proposed to give; but let
it not be said, on that account, that the present agitation of the
question was vain or unnecessary. He did think the present a
most important crisis, which should not be permitted to pas, ;
al ways assuming, that the spirit of enthusiasm in support of their
independence was general on the part of the people of Spain.
Mr. Sheridan concluded with moving, " That an humble Ad-
dress be presented to his Maje,ly, praying that he would h'-
pleased to lay before the House Copies of such Proclamations
as had been received in this country, whether procceSing from
the COIIIOIOII twiny , or from persous claiming to act in behalf or
the people of Spain.
Ma. SECKBT dm), CAN INC; said, that with regard to the mo-
tion now before the House, he belies ed that his Right llonot.r-
able Friend would not be much disappointed when he said it was
quite impossible for (wsernment, in its official capacity , to pro-
duce the papers which had been moved for, both because some
of them could not be considered as regularly authenticated, and
because others of them purported to proceed from persons, Ili.
whom it could not be known that they were accurately designat-
ed. Such a disclosure and communication of paper., therefore,
he believed, the House would concur w ith him in thinkine
would be highly improvident. The chief object which his Right
Honourable Friend had in view, seemed to he, to call forth
some disclosure of the general feelings and seuti mem s of Mini•
ters, with regard to the late interesting events it spa in ; and
bad no hesitation in saying, that he and his colleapies beheld.
with as lively an emotion as the Right Honourable Gentleman
himself could feel, the stand which had been made, by at lea-i
a part of the Spanish people. against the unexampled oppres-
sion of France, and that there was every disposition on the part
of his Majesty's Government, to alford the utmost aid which this
country could put forth in a struggle so magnani Mous (hear! hear! )
W hile the people of Spain are actuated by a spirit of resistance
by the unprovoked aggression of the Ruler of France, it cook
via for a moment be supposed that Ministers should considei
them as in a state of warfare with this country. To oppose
the overwhelming power of France was the main object of our
exertions, and whoever joined us in that opposition, from that
moment became essentially, and to all intents and purposes our
friend ( hear! hear !). The objects of this country, in *Word-
ing aid to the patriots of Spain could only be these, to unite
our comtnon efforts against a common enemy, to support the in-
terests and independence of Spain, and, lastly, to promote the
accomplishment of British objects 4 though this last he should
coosent to leave out, provided iye two former could in any de-
gree he attained; though in fact all must he aware, that whatever
tended to set bounds to the power of France must be essentially iu
itself a British interest. These were the feelings and sentiments
which actuated Ministers, and which they wished to communi-
cate to the House and to the country. It was, therefore, on the
whole, from no disrespect to his Right Honourable Friend, that
be wished him to withdraw his motion, but rather from a vier
of the inexpedience, and, indeed, impossibility., of complying
with it, un the part of his Majesty's Government. The motion
was then withdrawn.

TUE NATIONAL REGISTER.

JUNE

COPYRIGHTS.

Mr. Villers rose to move for leave to bring in a Bill to alter
and amend the law respecting Copyrights. One object of the
Bill would he, to secure the mere effectual delivery of copies of
new books, and new editions, to the Universities. ou the ground
of its utility to the promotion of learning. Ills second object
was, better to secure the Copyright of Authors, by vesting in
them the absolute Copyright fur a period of t.)B years. Leave
was then given accordingly. The Bill was read a first time.
Mr. Rose brought up a Bill to permit goods, warehoused in
London, to he remoyed to any of the out-ports for exportation,
which was read a first time.