The National Register.
London, England, 1819-04-05 00:00:00

TUESDAY. MAII-CH 30.

LICENSING SYsrest.•-Sir IiIIREETT presented* Petition
from the owner of the Iti,ing Sun, Castle.street. Plymouth,
complaining of the loss aid h4rdslop su4c.inod by him, in conse-
quence of havi g been arbitrarily deprived of the Licence of his

Sir F. BU ROE TT said, that this was only a sample of a state of
things that constituted a great public grievance j and he appre—
hended that the Petitioner, by giving proof to that House of
the system, did not deprive himself of any remedy he may have
at law. The ease was a smnplil of the grievances which resulted
from arbitrary power most irryropirly lodged with 51agistrates.
The subject was of ',Teat iMl,o34tnee : it deeply affected private
individuals ; and this cas.. was as instance of many grievances a—
rising out of the most pernicious sy tern that was twer pursued in
any year.
The further debate on the Petition was postponed.—Adjourned

WF-DN t:SD4Y. Mattel' 31.
Tie }louse was summoned to the House of Peers to hear the
Royal Commission read.--Sec Lords.
.4r. LITTLETON prehentcd a Petition from Worcestershire,
praying that the Agiirtalturirts might be relieved from the duties
imposcil on agricultural produce.
Mr. LITTLETON then presented *Petition against the Agri-
cultural Horse 'las.
(.11131NEY SW :Pr.RS.—Mfr. BENNETT moved for a COM-
Mine to intpect the Lolls' Journals of an account of their Lord-
ships' Pro tedings on the Chimney Sweepers' Trstle.
Mr. BENNETT (on behalf of Sir F. Burdett* postponed till
Monday th- ;notion respecting the Petition of Elwin, proprietor
of the Hisiag sun, Castle-street, Plymouth, regarding the licensing
system.
PaIVILEGE.—Lord ALTacittP moved that the minutes of
evidence on the case of Tho . first Guards, be printed s
the Noble Lott!, however, adding, that he did not intend to
adopt any furthrt step.
Mr. brcstrr exelaincxl the proceedings of the Court-
Martial, bat Its so iadlstiact a sew as not to be wet Laird in the
rallery.

APRIL 5.
%le

Ir--.--___._________. A!
41111 Ir. 'l'm w did not t Ali 1010 w the Court Martial, tha
might biLaceording to nil.,, u tie man's answer to Vie Charge
was tffillPrdez of me House to attend a Committee. That was
the man's protectio.l. and it ought to have occasioucAl enquiry;
but the man was found Gaily of the charge of absence trout
duty. He had no hesitation in saying that such verdict was a
breach of Privilege. 'foe precedent was dangerous, fur heocc-
firth a ha dier might say, if summoned to attend the Commons—
•• If I attend hie summons, I shall be found guilty of absence
from duty as StMton has been."
Lord F. BEXTINCK said, there was no intention in the word.
ing of the sentence to eff.md the House.
Col. Ba nHY de:tired that the man had committed a nniliury
offence in absenting himself from duty without leave.
Mr. BROUGHAM protested against Colonel Barry's doctrine
and maintained that the man was not even bound to ask leave of
absence.—(Continued cheering.)
Mr. WYNN remarked, that it was only desired that the maa
should have mentioned the cause of his absence ; the man with
such a summons had no right to ask leave.
After some observations from Sir J. M'lntosh, Mr. Benpetr,
Mr. Beckett, &c. the motion was agreed to. Minutes ordered
to be pointed.
Mr. %Vartnuax moved for an account of prosecuting Mr.
W. Weaver by the Excise, &c.
The remaining Orders of the day being disposed of, the House
adjourned.
Tritntsttar. APRIL 1.

JAIL DELIVERIES.—MI. WESTERN moved an Address to
the Prince Regent. for returns of Primniers confined in the dn.
ferent Jails in linglrnd and Wales. The object of the motion
was to show the disadvantages that re:tithed f, on the unequal di-
visions of the periods of Jail delivery. Front calculations and
returns which winch he had seen, 2600 persons bad been con-
fined, and afterwards no bills found against them. They, how.
evet, were confined to the July Assizes. The delay had been of
the most injurious conseeuenres, for confinement in Jails tended
to harden the mind, and to la.tilitirize in the ways of vice.
(lie Ir.) When the accounts were returned, he should again call
the attention of the House to the subject, in the hope of being
able to devi plans for more equal :Aid more frequent Jail de-
liveries. He concluded with moving for a series of accounts of
Prisoners e mtined. the verdicts, &c.—Agreed to.
LIxERICK.—Mr. W. QUIN.—Mr. A. Etta riave notice,
that on euesday he should move au Address to the Prince Regent
to remove the present Casio. Rotaluraim of Limerick, ( Hear.
/war. )
WESTMINSTER ELECTION.—The SPEAKER informed the
House that S. Akerman and others who had petitioned the 1110K61
against the Return of Mr. G. Lamb for Westminster, had failed
to enter into the necessary recognizances; and theorder for taking
into consideration such l'etiuon was then accordingly discharged.
—Adjourned.
FRIDAY, APRIL f.

ROMAN CATHOLICS.—Sir J. Newport, in the absence of ■
Right lion. Friend (M r. Gratton), postponed the Motion respect-
ing the Roman Catholics till April 30.
The Defaulters of Tuesday last were called over.
ELECTIONEERINCL—MIAENNETT presented a petition frink
the Rector, Churchwardens, and principal inhabitants ot.llehes.
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 16.1 persons had been driven from all shekel;
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 individust who had
power thus to act. The patties might have their legal remedy;
at all events, however, he trusted that the House would not re •
fuse enquiry, especially as the case was so derogatory to human
nature.

The Member for ['cheater 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.
held.

Mr. C. W. Wirgx 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, u this was said to be connected
with an electioneering proc,:eding, and as there was a Petition
complaining of the return for Ilchester ; if these proceedings
were for purposes of intimidation, they could be referred to such
Committee.

Lord CASTLEREAGH appealed to the House, however cala-
mitous might be the particular use, whether any good could re-
sult from receiving a Petition where no remedy could be afforded.
Bir J. NEWPORT thought the placing of the Petition on the
Journals 'night produce a sense of shame in the individual, and
thereby a remedy to the Petitioners.
Mr. BENNETT not being quite sure of the course thdt could
be adopted, begged to be allowed to withdraw the Petition.—Pe-
tition withdrawn.

GENERAL GOUROAUD.--MF. LA3IBTON 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. 11. Clive, Sir It. Wilson, Lord Castle-
reagh, and Sir G. Cockburn, was laid upon the table, Lind order
ti to be printed.
Mr. Iit:NM:TT brought in the Chimney-Sweepers Trade
Regulation Dill, which was read a first time.
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 expe-
rienced at Palermo on the 24th and 25th of Febru-
ary. They were chiefly felt at tle mountain Dellis
adonia, where several persons perished by the
sinking in of the earth. This, nu doubt, was the
rir;gin of the rumour that Messina had been swal-
lowed up by an earthquake.
The hiwilush U n•Lrnment is, we understand, building
a IJrrte nottlher of BA-bottomed kilns in Cubs, (or the
purpose of landing the troops of the Grand Dipeditioo
on points where heavy snips cannot approach.
BONAPARTE.—The following is an Extract of a pri-
vate Letter, dated St. Helena, Jan. gy. 1.819:—" 1
have link or no news to tell you', for Si. !Mena, I
think, has become a true prison. There is a house
er:ctinA for Napoleon at Longwood ; he was very ill a
few days ago; and wool(' see no Doctor except Mr.
Sink ie, from the Comperor, who was a particular friend
ruts Mr. o.NlCara'S. We are not allowed so set the pots-
lie:uterus of the latter Gentleman ; you no doubt, have
seen them all. The Beltran& are well; I hail the
pleasure of seeing tbcga. walking. out on Sunday 1431::

r.

• REVISION OF TM CHINII4AL OGDE.

Tiir Honorable Mr. 11 olund has pobEslied an able
and eloTtent app e d iu fzvoiti of the above measure. It
ti in Ilse klnit of a letter to a friend, and we regret
tact our hien.' will not allow us to give more copious
extracts.
• - - •

" Eltearetero the ammo, upon which one side of the
Heine of Common, objects to whatever is proposed by
its Opposite, I have, I confess, no conception how or
why the proposal fur revising tile Criminal Code can or
should be combated. The religion we profess denomices
ii severity, experience proves at It•ast its • lity, and
the best feelings of our nature revolt at its most lenient
execution.
AI fitst ohjectien lathe infliction of capital punishment
iv, that the delegation of power over the lives of our
fellow-Creatures must, in the absatice of direct evidence
to the contrary, be deemed inconsistent with the bene-
volence of our Saviour ; and therefore that we have no
right, except in cases of the most extreme and absolute
necessity, to deprive our brethren of life, Secondly,
that capital punishment is at variance with the princi-
ples of our religion, whose brightest ornament is the
mercy which it inculcates. Thirdly, the fallibility of
all human judgments. Dr, we require to be remittiled of
cases innumerable in which judgments relative to pro-
petty, have been improperly given ? Rut is error io
judgment confined to property alone ? Have nu i11%1311.
ces occurred within the short space of our own recollec-
tion where the innocent hare suffered ? Suffered whin t
loss of worldly goods ? Loss of liberty? No, alas! the
loss of that which no Court of Appeal, no human tam-
er can restore! I Hurried into the presence of an Al.
mighty Judge, where, innocent as the supposed culprit
rosy lei of the crime alleged against hint, he will have
to account for those numeroits misdeeds and omissions
of which the best of us are guilty.
But it will he 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
Le lamented, they must he had recourse to fur the pur-
pose of deterring whir. from crime.-1 am not quite
prepared to admit this species of argument ; but admit-
ting. it for the sake of orpiment only—lias capital
p 1111 l shment had the effect of deterring others front
crime) Is it not notorious that crime has Mere:teed be-
yond 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 front
temporary causes ? For the truth of this ass( Ilion I have
only to refer you to the Returns made in the House of
Commons between the years 1811 and 1818. If the
object of punishment he the prevention of crime, and
I imaisine that is a point which no mac will be Gonad
ignorant or barbarous enough to disp•ne ; and if, in a
long course of year, crime has flourished under the ex-
ecution of sanguinary laws, what comes of the argu-
ment for their necessity? the only sad unauthorised ex-
cuse for assuming the exercise of a power which belongs
to all unru ring God alone.
The next point to which I would advert is, the un-
reasonable equality of pureshment observable in our
Criminal Code, as attached to offences essentially vary-
ing in degrees of moral turpitude. 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 crone. The next
robber takes the passenger's money ; but to secure him-
self from detection he adds murder to the crime of rob-
bery. He is also liable and likely to suffer death for the
offence. But is the degree or punishment, being equal,
apportioned to the enormity of offence iu these two most
dissimilar cases t 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 hint ?
I have now as concisely as the subject will admit of
endeavoured to chew, that our present criminal code can-
not he supported by, and is even at variance with, the
the principles of oar religion, s,,borrAive of good mmals, and
erruueolds in sound policy. Can any thing further be
required.? Yes; it will be said, perhaps, that another
r ode should be proposed not liable to similar objections
In reply, I shall take the liberty of extracting from a
p:onphiet, lately published upon this subject, a few
ioaitences precisely expressite of my own opiniiin, with
addition of some very desirable information which
I should, without such reference, have been in-
competent to afford. Mr. Favell, in his speech before
lice Corporatio.l of London, in Dezentber, 1818, ob-
!-•rves—" Chastisement, foilowed by solitary confine-
ment and hord lehour, properly apportioneo, together
with a classification- of criminals, and suitable rewards
to the reformed and deserving, seem to be the best
modes of corrective discipline which have yet been sug-
gested. I n Holleml, these have heen long pratt:sed with
extraordinary success ; and Amer.ca has afforded striking
instances of their beneficial effects. From authentic
documents before rte, f am ably to state to the Court
ui7 experience of the United Sates both as to the decrease
of lingerie • by ceasing to exact the punishment of death,
and as to the salutary effects of prison discipline, even upon
house who hate appeared to be incorrigible offenders. On
the former of these subjects (Mr. Favell continues) in it
tract published by one of the Judges in America, hr
!sal, in the case of forgery the balance is clearly on the
side of the milder punishment. It is Capital. in New
York, but it is tint so in Pennsylvania. Bank Hills have
been several times forged in the State of New York; but
its Pennsylvania this crime has never been committed,
although the Act which made it capital at first was
repealed about seven years aeo. Countetfeitiog the
continental bills, and utteritig thent
.knowingly, were

'TIE NATIONAL nEetstrit.

crimes, as far as I could learn, mods more frequent in
this Sate, where they werecpital, than in Connecticut,
where they were not so."
Lastly, a may be urged—We do not like innovation ;
it has a trodettcy to modern Rejiirm, which we aboini.
mulatto—On thus ground I most t'onlidently take nu
gauntlet. Has time made iorosids eau your ronstittitiou,
and do yon refuse challget of air or chrome for the resto--
ration of health? Are you sick, and do you decline the
Use of medicine? I do not feel mysell particularly
chargeable on the ground of a wild and culpable desire
for itejorm. Yet b.. the imputations on me what they
mly, 1 feel proud to declare, that so 1 mg ago as whin
I was at school I read, and have ever shire cherished in
my remembrance, Lord Bacon's words in his Essay on
Innovation :—" Every medicine is an innovation :and
he that will not apply new remedies roust expect new
evils; for jute is the greatest innovator ; and if time
of course 'alter things to the worse, and wisdom
and counsel sbail t.ot alter them to the better,
what shall he the end r In a subsequent sentence he
adds..." Unless time stood still, a froward retention of
ctsuoin is as turbulent a thing as an innovation." In the
mean time I would not he.stipposed to forget the con-
cluding par. of the saute Essay, in which► it is obserred—
•' 1, i• torrid not to try experiments iu States, except the
necessity be urgent or the utility evident; and well to
beware that it be the reformation that drawer' on the
change, and not the desire of change that pretentleth
the reformation." To lily understanding the necessity.
in this case is urgent and the utility evident. But in
order that every possible tight may be thrown upon the sultject,
and in order (io use Lord Bacon's own words in the
Essay from which I have already quoted some passages
illustrative of my principle and apt to toy punnisey,
" that men" rxny" in ihesr innovations follow the crumple
of time itself, which innorateth greatly but quietly," we
pelitloll fur a Itei ISA r. of our Criminal Code."

FItOJI TUESDAY N ICU I"S GAZETTE.
BANKRUPTCY ENLARGED.

T. Reed and J. Middleman, Newcastle-upon-Tyne. ire:chant.
BANKRUPTS.
W. Stubbs. Leek, Staffordthire, Innholder.
S. T. Harting, C. Dake4, and 'l'. Will.ngton, Tamworth,
Bankers.
F. Simpson, Huddersfield, wooletapler.
J. and 'l'. Gaunt, Annley, Yorkshire, woollen manufacturers.
J. Barnes. Porters. builder.
J, Pearson, Portsmouth, mercer.
J. and C. B' g. Hatfield, Hertfordshire, common brewers.
E. M. and C. G. Cutterill, Vine-strcet, Liquorpond-street, ba-
con merchants.
W. Itelph, Lewknor, Oxfordshire, farmer.
M. and .1. Pegrom. Artillery-street, dealers.
'l'. R. Moore. Denmark-court, Strand, paper-stainer.
H. W. Anderson, Cushion-court, Broad-street, merchant.

ni VIDUNDS.
April 40, T. Parsons, Duke•street, St. James's, breeches-maker.
20, W. G. Harvey, Battle, Sussex, gunpowder-manufacturer.-
23, G. Orrnerod, Lanehead, Lancashire, innholder.-21. T.
Green. Upper Arcley, Staffordshire, farmer.-21, P. ID. and W.
Tuckeit, Bristol. wholesale grocers.—April 19, J. Underhill,
Birmingham, merchant.-20. 11. and W. Cuthuste, Maidstone,
carpenters. 40, F. Itolkine, St. Jatnes's-street,
pertumer.-24. It. Leigh and I). Armstrong. Liverpool, mar.
chants.-2G, J. Jackson, Middleton, Norfolk, merchant.-23, R.
Day, Norwich, grocer.-3. N. B. and A. B. French, and J. Bar-
ton, Old South Sea-houre, Broad Street, merchants.-17. T.
and M. La P. Alerae, Queen•street, Cheapside, warehousemen.
—2l, J. Briggs, Sculcoates, Yorkshire, grocer.-2L, C. T.
Coate, Sutton, Cambridgeshire, grocer.-26, S. P. Holland. and
P. Ball. Worcester. hop-inemhants.-24, W. Worrall, Liver-
pool. merchant.-47, B. Lane, Birchin-lane, insurance-broker.
CERTIFICKFFS to be granted on or before the 24th of April
. .

nem, unless atuse—can be shown to the contrary.

- - •
M. Noble, Lancaster, ebyrnist and druggist.—E. Thompson,
Rotberhithc, Oxenham, Oxford-street, man-
gle-tuaker.—W. teen, Newcastle-under-Lyme. rult.ter.

SPANISH AxstAHENT,—The expedition preparing at
Cadiz is carrying on in all its details with an unusal
degree of vigour. It is now asserted with the greatest
confidence, that the sailing will not he delayed later than
the first week in June. The naval force will consist of
4 sail of the line, li frigates, Ig brigs and schooners, and
26 sun 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 :a Spain, and her
ships of war, will emilde her to send out a force of
2000 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 count-y,
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 wheuce
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 toluittary, hate, it is said,
been afforded by Spanish subjects t but these cannot
have been very extensive. Spam has also received assist-
ance from France to the amount of 1,.500,000 lWres,
either in liquidation of some former claims or as a loan :
and a ball has been obtained front the Pope, for appro-
iating one tenth-part of the produce of ecclesiastical
bebnefices. All accounts-agree in stating that the rape
duion will be directed against Buenos.Av res.
The wife of a labouring man, of toe name of Jo-
seph Richardson, of Cooksey, near Bromsgrove,
was delivered last Tuesday of timr children at one
- birth, all girls. They are all likely to live, and the
mother is going on well ; the poor man's wages arc
10s. per week; he has three children in addition to
the above.

167

AII.tTILICT OP A MU.,

reemtimermol I:• the Committee, for tile ',:nc•::I•
meta of the 1..4t4.1.(i0 41t,- NismtvA I lUN Of

- -...~-_

Preamble.—Former to be repealed, after a
to be rixed.
Marrs, Pheasants, other ':one, anti all wild and uo
reclaimed Animals, to be the property of the Ponicseor un
the Lint.
Lessor of the hind Tay reserve the property acid right
of pursuing and iiatise..
Certain persons may amhorize any person or persons
to Lill Gann:, under ?roper restriction.
Persons doing so without consent, subject to a penalty.
Penalties how to be recovered.
Clause (A )—Jialtices to grant Licences to Dealers in
Game.

Licences may be revoked.
Clause (13 )—Persons not having a 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 certain periods.
When the season shalt, (to the Grand Jury of the
County at the Summer Assiz..) appear backward, they
'nay extend the Restriction upon shooting to arty day
later than the first Sep..ember.
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 Seignories to Jll-
- Gantrkerpers preserved to then..
After a certain period,no person to destroy Game, &e.
by snare or net.
Protecting the eggs of Pheasants and Partridge.
When action shall be commenced.
Exemptions From Penalties.
Not to affect rights of tree warren.
Nut to affect existing Duties on Gagne Certificates.
Act to extend to England and Wales.