The National Register.
London, England, 1819-04-04 00:00:00

TUESDAY, MASZII 30.

LICFWSTNG SY'TEat.••Sir F. BURNETT presentecla Petition
from the owner of the Rising Sun, Castle•street. Plymouth,
complaining of the loss and hardship sustained by him; n conse-
quence or havirg been arbitrarily deprived of the Licence of his
hoax.

Sir F. B HDETT 6aitl, that this was only Elam* of a state of
things that constituted a great public grievance ; and ha appre—
hended that the Petitioner, by giving poet to that House of
the system, did net deprive himself of any remedy he may have
at law. The case was a sample of the grievances which resulted
from arbitrary power most improperly lodged with Magistrates.
The subje..:t was of great importance: it deeply affected private
individuals; and Miscue was an instance of many grievances a—
rising out of the most pernicious system that was ever pursued in
any year.
The further debate on the Petition was postponed.—Adjourned

WEDNESDAY. MANCH 31.

The House was summoned to the House of Peers to hear the
Royal Commiesinn read.—See Lords.
Mr. LITTLETON presented a Petition from Worcestershire,
praying that the Agriculturks might be relieved from the duties
Imposed on agricultural produce.
Mr. Lt TTLETCIN then p:esented &Petition against the Agri-
cultural Horse Tax.

CHIMNEY SWEEPERS.—Mr. BENNETT moved for a Corn-
mine to inspect the Lords' Journals of an account of their Lord-
ships' Proceedings on the Chimney.Sweepers' Trade.
Mr. BENNETT (on behalf of Sir F. Duriletti postponed till
Monday the motion respecting the Petition of Etsom, proprietor
of the itisiag sun, Castle-street, Plymouth, regarding the licensing
system.
PHIVILEGE.—Lord ALTIiOEP moved that the minutes of
evidence on the ease of Thos. Stanton, first Guards. be printed;
the Noble Lord, however, adding, that he did not intend to
adapt any further steps.
Mr. BECIETT ENplßiled the proceedings of the Court-
Mutual. but in SE indistieet too 61 mot to be well 11:ard in the
gallery,

APRIL S.

Mr. Titarrry did not end fault with the Court-Martial, ths,
might be according to rule. but the man's &Pulver to the Charge
was the Order of the House to attend a Cottunittee. That we.
the man's protection, and it ought to have occasioned enquiry;
but the num was found Guilty of the charge of absence trot;,
ditty. He had no hesitation in saying that such verdict aa% a
breach of Privilege. The precedent was dangerma, fur Ilene,-
forth a soldier might say, if tummoned teeth:nil the Connons—
" if I attend the surninons, f shall be round guilty of alma.,"
from duty as Stinton has been."
Lord F. BEa•rtacx said, there was no intention in the word-
ing of the sentence to offend the House.
Col. BARRY declared that the man had committed a military
offence in absenting himself from duty without leave.
Mr. BROUGHAM protested against C. lone! Harry's doctrine
and maintained that the man was not even bound to ask Icasc (A
absenc?.—(Continutal cheering.)
Mr. WYNN remarked, that it was only desired that the maw
should hate mentioned the came of his absence; the man wilt
such a stmunons had no right to ads leave.
After some observations from Sir J. M'lntealt. Mr. Bennett,
Mr. Beckett, &c. the motion was agreed tu. 31inutt. ordend
to be printed.
Mr. Warr tistmt moved for an account of prosecuting Mr.
IV. Weaver by the Excise, Sct.
The remaining Orders of the day being disposed of, the llour:
adjourned.
THURSDAY, APRIL 1.

JAIL DELIVERIES.-MI. WESTERN moved an Address to
the Prince Regent, for returns of Prisoners confined in the dir.
fdrent Jails in Enghnd and Wales. The object of the motion
was to show the disadvamages that resulted front the unequal di-
visions of the periods of jail delivery. From calculations and
returns which which he had seen, 6600 persons had been con-
fined, and afterwards no bills found against them. They, hot, -
evet, were confined to the July Assizes. The delay had been tvF
the most injurious consequences, for confinement in Jails tended
to harden the mind, and to familiarize in the ways of vice.
(hear.) When the accounts were returned, he should again tall
the attention of the House to the subject. in the hope of being-
able to devise plans for more equal and more frequent Jail de-
liveries. He concluded with moving for a series of accounts of
Prisoners confined, the verdicts, &c.—Agreed to.
LIMERICK.-Mr. W. Quist.—Mr. A. Ei.t.ts gave notiv,
that on iuesday he should move an Address to the Pnnce Regent
to remove the present Castor Itatukrum of Limerick, (Near.
hear.)
WESTMINSTER ELEcrtost.—The SPEAKER informed the
I louse that S. Akerman and others who had petitioned the !louse
again ,t the Return of Mr. G. Lamb for Westminster, had failed
to enter into the necessary recognizances; and theorder for taking
into consideration such Penton was then accordingly discharged.
—Adjourned.
FRIDAY. APRIL t

ROMAN CATIIOLICS.—Sir J. Newport. in the absence of a
Right Hon. Friend ("Sr. Drawn), postponed the )lotion remr-t-
-ing the Roman Catholics till April 30.
The Defaulters of Tuesday last were called over.
ELECTtONtiRII.IO.—Mr.BICXNETT presented a petition tram
the Rector, Chu:elle/ante:lr, and principal inhabitants of itches
ter, complaining of proceedings which, for the sake of humanity.
he trusted could be contradicted. The case was, that of many
persons being turned out of their houses, and forwarded to a sort
of work-house, and from which they had afterwards been ejected.
By this proceeding 163 persons had been driven from all shelter ;
and this ejecting had been accomplished by the most unfeeling
means. All this had been in consequence of the political conduct
of the parties, it not suiting the views of the individual who ha,'
power thus to act. The pasties might have their legal remedy;
at all events, however. he trusted that the House would net se
fuse enquiry, especially as the case was so derogatory to human
nature.

The Member fbr Ikbester bore testimony to the truth of all
the allegations contained in the Petition • and he trusted, if re •
lief could be afforded to the Petitioners, that it would not be with.
bed.

Mr. C. W. Wrmit did not know how this Petition could be
entertained, although it contained a most afflicting case ; but as
individuals could do as they pleased with their property, he was
at a loss to imagine how the House could interfere with the moral
conduct of individuals. Besides, as this was said to be connected
with an electioneering proceeding and as there was a Petition
complaining of the return for Ilehester ; if these proceedings
were for purposes of intimidation, they could be referred to such
Committee.

.........
Lord CAsrt.Eursott appealed to the House, however al:4-
mitous might be the pollen ar case, whether any good could re-
sult from receiving a l'etition where no remedy could be afforded.
eir J. NEWPORT thought the placing of the Petition on the
Journals might produce a sense of &haute in the individual, and
thereby a remedy to the Petitioners.
Mr. BENNETT not being quite sure of the course that could
be adopted, begged to be allowed to withdraw the Petition.—Pe-
tinon withdrawn.

GENERAL Gowacturi.—Mr. LAINIITON presented a Peti-
tion from General Gourgaud, complaining of ill treatment re-
ceived from Ministers and their Agents, in a forcible arrest and
seizure of papers contrary to the Alien Act, which after some
observations from Mr. H. Clive, Sir R. Wilson, Lord Castle-
reagh, and Sir G. Cockburn, was laid upon the table, and order
ed to be printed.
Mr. BENNETT brought in the Chimney•Sweepers' Trade
Regulation Bill, which was read a Ragtime.
The remaining Orders being disposed of, the House adjourned.

Letters from Rome of a later date, (the 13th ult,)
say, that some shocks of an earthquake were ex?e-
rienced at Palermo on the 24th and 25th of Febru-
ary. They were chiefly felt at the mountain Della
Madunia, where several persons perished by the
sinking in of the earth. This, no doubt, was the
origin of the rumour that Messina had been swal-
lowed up by an earthquake.
Thc Spanish Government is, we underhand, building
a large number of flat-bottomed beats in Cadiz, for the
purpose of lauding the troops of the Grand Expedition
on points where heavy ships C31190t approach.
BONAPARTE:....The fOliowing is an extract of a pri-
vate I.e.ter, dated St. Helena, Jan. 29, 1819:—" 1
hate little or no news to tell you, for St. Helena, I
think, has become a true prison. There is a house
erecting for Napoleon at Longwood ; he was very ill a
few days ago, and would see no Doctor except Mr.
Sink ie, from the Comparor, who was a particular friend
of Mr. O'Meara's. VVe are not allowed so see the pub-
lications ; the latter Gentleman ; you no doubt, have
seen them all. The Bertrauds are well ; I had the
Illus.:re of seeing them walkirg out a Sunday last,'

APRIL 4.

REVISION OF THE ,(.7RIMINAL CODE.

Th: Honorable Mr. Harbor(' has published an able
and chignon appeal in faiour Of tiv above measure. It
is hi the form of a letter to a friend, tnd we only regret
that our limits will not allow us to more copious
extracts.
" EXCEPTIWO the ground upon which one si,.le of the
House of Commons objt•cts to whatever is proposed by
its Opposite, I have, I codes,, no conceptimi how or
why the proposal fur resising toe Criminal Code can or
should be combated. The religion we profess denotinci:s
its severity, eeperietice proves at least its inn ility, auti
the best feeinigs of our nature revolt at its must leuient
es:coition.
Mt, iiist oljecti- in to the infliction of capital punishment
is, that the delegation of power over the lives of our
fellow-creatures must, in the absence of direct evidence
to the contrary, be deemed inconsistent with the bene-
volence of our Saviour ; and therefore that we have no
right, eKcept io eases of the most extreme and absolute
necessity, to deprive our brethren of life, S.icoudly,
that capital punishment is at variance with the princi-
ples of our religious, whose brightest ornament is the
mercy which it inculcates. Thirdly, the fallibility of
all human judgments. Do we require to be reminded of
cases innumerable in which judgments relative to pro-
perty, have been improperly given ? But is error in
judgment confined to property alone ? have no instan.
ces occurred within the short space of our own recollec-
tion where the innocent have suffered? Suffered what?
lain of worldly goods ? Loss of liberty ? No, alas! the
loss of that which no Court of Appeal, no human pow-
er can restore!! Hurried into the presence of an M.
mighty Judge, where, • cent as the (opposed culprit
may be of the crime alleged against him, he will have
to account for those numerous misdeeds and omissions
of which the best of us are guilty.
But it will be said, perhaps, capital punishment is
necessary to preserve the peace and good order of soci-
ety; and much as the necessity of such examples is to
be lamented, they must be had recourse to for the pur-
pose of deterring others from crime.-1 am not quite
prepared to admit this species of argument ; but admit-
ting it for the sake of argument only—Has capital
punishment had the effect of deterring tubers front
crime? Is it not notorious that crime has ince:aged bee
)ond all bounds of proportion to the increase of our
population ? And has not its frequency exceeded all
calculations that could be made upon it as arising from
temporary causes ? For the truth of this assertion I have
only to refer you to the Returns made to the House of
Commons between the years 1811 and 1818. If the
object of punishment be the prevention of crime, and
I imagine that is a point which no one will be found
ignorant or barbarous enough to dispute ; and if, in a
long course of years crime has flourished under the ex-
ecution of sanguinary laws, what conies of the argu-
ment fur their necessity? the only sad unauthorised ex-
cuse for assuming the exercise of a power which belongs
to an unerring God alone.
The next poiut to which I would advert is, the un-
reasonable equality of punishment observable in our
Criminal Code, as attached to offences essentially vary-
ing in degrees of moral turOutle. In this cursory view
of the subject it will suffice, perhaps, to adduce a single
instance. A man who stops another in the highway
and robs him of his money, without further violence, is
liable and likely to suffer death for the c • e. The next
robber takes the passenger's money ; but to secure him-
self from detection he adds murder to the clime of rob-

bery. He is also liable and likely to suffer death for the
offence. But is the degree of punishment, being equal,
apportioned to the enormity of offence in these two most
dissimilar cases ? On the contrary, is not the robber al-
most encouraged to become a murderer, in violation of
those natural feelings of humanity, of which his neces-
sities may not have bereaved him?
1 have glow as concisely as the subject will admit of
endeavoured to shew, that our present criminal code can.
not be supported by, and is even at variance with, the
the principles of our religion, suGnersive qf good morals, and
erroneous in sound policy. Can any thing further be
required ? Yes; it ss ill be said, perhaps, that another
Code should be proposed not liable to similar objections
In reply, I shall take the liberty of extracting from a
pamphlet, lately published upon this subject, a few
sentences precisely expressive of my own opinion, with
the addition of some very desirable information which
1 should, witJatt such reference, have been in-
competent to alTdrd. Mr. Favell, in his speech before
the Corporatie.i of London, in Dezember, 1818, ob-
server." Chastisement, followed by solitary confine.
ment and hard labour, properly apportioned, together
with a classification of criminals, and • ble rewards
to the reformeJ and deserving, seem to ,be the best
modes of corrective discipline which have yet been so;;-
bested. In Holland, these have been long practised with
extraordinary success ; and America has afforded striking
instances of their beneficial effects. From authentic
documents before me, I am able to state to the Court
the experience of the United States both as to the decrease
of forgeries by ceasing to exact she punishment of death,
and as to the salutary effects of prison discipline, even upon
those who have appeared lobe incort igible offenders. On
the former of these subjects (Mr. Pavel) continues) in a
tract published by one of the Judges in America, he
says, in the case of forgery the balance is clear!, on the
rile of the milder punishment. It is capital in New
York, but it is not so in Pennsylvania. Bank Bills have
been several times forged in the State of New York, but
in Pennsylvania this crime has never been com ttt i t ted,
~Ithongh the Act which made it capital at first was
r,-pealed about seven years ago. Counteifeiting the
continental bills, and attering them
.knowingly, were

tHe biAtiONAL REGIATEIt.

crimes, as far as I could learn, mach more freewill in
this State, where they were capital, than in I:usineetieut,
where they were not so."
Lastly, it may be urged—We do not like Innovation ;
it has a tendency to modern Refortn, which we &bond-
minate.—thi this ground I most confidently take tip the
gauntlet. Has time made inroads on your constitusiou,
and do you refuse change of air or climate for the restro
ratio., of health? Are you sick, aid do you decline the
use of medicine? Ido not feel myself particularly
chargeable on the ground of a wild and culpable desire
for lidinws. Yet be the imputations on me what they
may, I feel pmud to declare, that so long ago as when
I was at school I read, and have ever since cherished in
sty remersdrrance, Lurd Bacon's words in his Essay on
Innovation :—" Every medicine is au innovation : ond
he that will not apply new remedies must expect new
evils; for dine is the greatest innovator; and if time
of course slier things to the worse, and wisdom
and counsel shall hot alter them to the better,
what shall be the end t" In a subsequent sentence he
adds—" Uldess time stood a froward retention of,
custom is as turbulent a thing as an innovation." "In the
mean time 1 would not be supposed to foraet the con-
cluding part of the same Essay, in which it is observed—
" It is good not to try experiments in States, except the
necessity be urgent or the utility evident and well to
beware that it be the reformation that draweth on the
change, and not the desire of change that pretended'
the reformation." To my understanding the necessity
in this case is urgent and the utility evident. But in
order that every possible light may be thrown icon the subject,
and in order (to use Lord Bacon's own words in the
Essay from which I have already quoted sonic passages
illustrative of my principle and apt to my purpose),
" that men" may " in their innovations follow tie example
of time ilicti, which innovated& greatly bat quietly," we
petition fur a Ravish*. of our Criminal Code."

FROM TUESDAY NIGIITS GAZETTE.
BANKRUPTCY ENLARGED.

T. Reed and J. Middlemen, Newcastle•upon-Tyne, merchant.

BANKRUPTS.

W. Stubbs. Leek, Staffordshire, Innholder.
S. T. Harding, C. Oakes, and T. Willingtoa, Tamworth,
Bankers.
F. Simpson, Huddersfield, woolstapler.
J. and T. Gaunt, Annley. Yorkshire, woollen manufacturers.
J. Barnes, Portsea, builder.
J. Pearson, Portsmouth, mercer.
J. and C. Bigg, Hatfield, Hertfordshire, common brewers.
M. and C. G. Cotterill, Vine-street, Liquorpond-street, ba-
con merchants.
W. Belph, Lewknor, Oxfordshire, farmer.
M. and J. Pegrom, Artillery4treet, dealers.
T. B. Moore, Denmark-court, Strand. paper-stainer.
H. W. Andetson, Cushion-coutt, Broad-street, merchant.

DIVIDENDS.
April 20, T. Parsons, Duke-street, St. James's, breeches maker.
20. W. G. Harvey, Battle, Sussex, gunpowder-manufacturer.—
23, G. Ormerod, Lanehead. Lancashire, innholder.-2 1, T.
Green, Upper Areley, Staffordshire, fanner.-21. P. D. and W.
Tuckeit, Bristol, wholesale grocers—Amil 19, J. Underhill,
Birmingham, merchant.-20, H. and W. Cuthoste, Maidstone,
carpenters. 20, F. Rolland, St. James's-street. Piccadilly.
perfumer.-2S. R. Leigh and D. Armstrong, Liverpool, mer.
chants.-26, J. Jackson, Middleton, Norfolk, mert:.ant —23, R.
Day, Norwich, grocer.-3. N. B. and A. B. French, and J. Bar.
too, Old South Sea-home, Broad Street, merchants.-12. T.
and M. La P. Merac. Queen. street, Cheapside, warehousemen.
—el, J. Briggs, Seulcoates, Yorkshire, groccr.-24. C. T.
Coate, Sutton, Cambridgeshire, grocer.-26, S. P. Holland, and
P. Ball, Worcester, hop-merchants.-24, W. Worrall, Liver-
pool, merchant.-27, B. Lane, Bircbin.lane, insurance-broker.
CERTIFICATFS to be granted on or before the 24th of April
next, unless cause can be shown to the contrary.

M. Noble, Lancaster. chymist and druggist.—E. Thompson.
Rotherhithe, ship-builder.—J. Ozenham. Oxford-street. man-
gle.maker.—W. een, Newcastle-under-Lyme. mama.

SPANISH A astsstztrz,—The expedition preparing at
Cadiz is carryitig on in all its details with an unusal
degree of vigour. It is now asserted with the greatest
confidence, that the sailing will not be delayed later than
the first week in June. The naval force will consist of
4 sail of the line, 6 frigates, it brigs and schooners, and
26 gun boats. All these are at present in the harbour of
Cadiz, and in a state of complete equipment. The trans-
ports which have been taken up in England, together
with those already in the possession of Spain, anal her
ships of war, will enable her to send out a force of
20,000 men. The greater part of the troops are aleady
encamped in the neighbourhood of Cadiz, and are said,
by eye-witnesses who have lately arrived in this conory,
to be in a state of high order and discipline. Great
surprise exists among those who know the dilapidated
resources of Spain, concerning the quarter whence
money has been furnished to meet the charges of the
expedition : that money has been liberally supplied is
certain, from the concurring testimony of all those who
have been concerned in the contracts relating to it.
Contributions, not strictly voluatary, have, it is said,
been afforded by Spanish subjects ; but these cannot
have been very extensive. Spain has also received assist-
ance from France to the amount of 1,500,000 livres,
either in liquidation of some former claims or as a loan :
and a bull 1138. been obtained from the Pipe, for appro-
priating one tenth-part of 11w produce of ecclesiastical
benefices. All accounts agree in stating that the cape
didn't will be directed against Buenos-Ayres.
The wife of a labouring man, of the name of Jo-
mph Richardson, •of Cooksey, near Bromsgrove,
was delivered last Tuesday of four children at one
birth, all girls. They are all likely to live, and the
mother is going on well ; the poor man's wages are
lOs. per week; ho has three children in addition to
the above.

107

ti RS:Ult.:lo' OP A BI Li,
Ai recommended 1,. the Comminee, for the Amend-
ment of the LAWS fill the I.4ms ellVAllUbi Ur GAM,..

Preamble.—Former Arts to be repealed, after a pet ic
to be fixed.

Hare:. Pheasants. other Game. and all wild and u..-
reclaimed Animals, to Le the property of the Possessor of
the laud.

LesMr of the land may reserve the property and 66:a
of pursuing and killing Game.
Certain persons may authorize any person or persoas
to kill Game, under ?roper restriction.
Persons doing so without consent, subject to a penall.
Penalties how to be recovered.
Clause (A.)—Justices to grant Licences to Dealers tit
Game.

Licences may be revoked.
Clause (B.)—Persons not having &Certificate or Li-
cence, to account for Game found in their possession.
Act not to extend to take away former penalties, upon
destruction of Heath Fowl, &c. between cenain periods.
When the season shall, (to the Grand Jury of the
County at the Summer Assize) appear backward, they
may extend the Restriction upon shooting to any day
later than the first September.
Notice of such delay to be published in Newspapers,
and signed by the Foreman of the Grand Jury.
Power of Lords of the Manors or Seignortes to ap-
point Gamekeepers preserved to them.
After a certain period, no person to destrorGatne, feu
by snare or net.
Protecting the eggs of Pheasants and Partridges.
Whet action shall be commenced.
Exemptions from Penalties.
Not to affect rights of free warren.
Not to affect existing Duties on Game Certificates.
Act to extend to England and Wales.