The National Register.
London, England, 1811-03-31 00:00:00

DWELLING-HOU:3E ROBBERY BILL.

Sir SAMUEL ROMILLY moved the second reading of the
Dwelling-house Robbery HI.
Mr. FRANKLAND oppo.e.d the Bill. He said that the Magis-
trates, who from their constant experience were to be esteemed
better judges of the effects of this 'mtrasnre than his Learned
Friend, had always expressed the most decided disapprobation
of any change in the law respecting robbery in a dwelling-
house. The criminal aws had formed the national character
of this country, they had become interwoven with our manners,
and inseparably connected with our habits. By that system this
country had to boast that theft was less frequent in it than in
any other. And surely the means of preventing robbery should
not be removed or exchanged for a useless and chimerical
speculation, especially as England, from the immensity of
its wealth, unprotected and unsecured, held out a great temp-
tation.
Mr. HERBERT opposed the Bill, and recapitulated the argu-
ments of Mr. Frankland.
Lord GF:oRGE GR EN viLLE spoke in favour of the motion.
Mr. Moaais also spoke in approbation of the measure. He
deprecated the idea of inflicting capital punishment upon the
crime of stealing in a dwelling-house, and took the opportunity
of mentioning an occurrence which took place in a cause before
the late Lord Kenyon, in which a woman of decent appearance
was triel for steeling in a dwelling-house; she had borne an
irreproachable character till she had been led by her distresses to
the commission of the theft for which she was then tried. The
prosecutors on leareing that the offence was capital, became
very reluctant in sivin3 their testimony. Her guilt was how-
ever established beyond a doubt, and the Jury gave in a reluct-
ant verdict of Guilty. Lord Kenyon, who Mid secretly deter-
mined upon recommending her to mercy, proceeded to pass
upon the conviet,proArnia, the sentence of, death. The awful
denunciation of .the law deprived the woman of all sensibility,
and suddenly stopped the Judge in the discharge of his most
painful duty. He ordered every applicdtion to be made for the
restoration of the unfortunate criminal. The humanity of a
Medical Gentleman in attendance carried into vffect the humane
suggestions of the Court, but every effort proved unavailing, and
it was for a while believed that the functions.of life had not been
suspended, but destroyed. Lord Kenyon's feelings became at
once so poignant and vehement, that he forgot.his situation, and
repeatedly called aloud," Good God, let no means be left untried
to restore her to life. Recover het-4 recover her ! if it were
only for a moment, to convince her that she shan't be hanged;
the hair of her head shan't be touched--" Poor soul 1• poor soul!"
said his Lordship (bursting into tears), they shan't hang you,
they shall hang me as soon !" Here (continued Mr. Morris), a
Judge of the land was seen passing sentence, not on 'the cularit,
but on the law ; and can it he imagined, that ony person who
had witnessed the scene I have deseribecl,would ever, while the
recollection of it dwelt upon their minds, hesitate, if placed on
a similar occasion in the caeacity of a witness or a juror, at
committing perjury.
The Caasteceeork. of the EXCHEQUER conceived the infer-
ence. which it was clear the Hon. Gentleman who had just sat
down wished to be drawn from the statement he had made,
would go to establish very unsound principles of .t.gislations
Laws were to be framed rather in contemplation or the reason
than of the feelings of those by whom they were to be admi-
nistered. In the present question, he thought all that it was
necessary to ascertain, was, whether the laws were efficient to
.check the crime for the repression of which they were executed ;
for, certainly, that law which was most efficient was themnost
mild. With the conviction that any alteration in the statute,
its it stood, would be attended with no beneficial effect,
be should give his oppostion to the second reading of the
Dill.
Sir SAMUEL ROMILLY, in a speech replete with the most in-
genious arguments, replied to the several speeches which had
been made in the.course of the evening, and declared, that the
alterations in the penal laws whicn he had proposed were
founded on the opinions of Blackstone and some of the first
Judges the country had ever seen. He then entered into a state-
ment of the evils which had arisen from the laws as they Stand's