The British Press; or, Morning Literary Advertiser.
London, England, 1820-05-10 00:00:00

FOUR AND A HALF PER CENTS.

Mr. BENNETT moved, that en humble Address
be presented to his Majesty. praying that he would
be graciously pleased to order that there be laid
before the House copies of all Acts of the Leg 4.
Wive Assembly at ifirbadoes, or of any pa of
the British Legislation, enabling the Crown or
l'Jrliatnent to apply the 4i per Cents., or any part
thereof, to any other purpose than that of colonial
services. The Hon. Member observed, that he
knew the answer which the rooms would give to
the purpose of his inquiry. He only wanted to
sites', that a number of the Ladies and Gentlemen
who had quartered themselves upon that property
had too right whatever to pot their hands into it.
Mr. GOULBVRN had no objection to the pro.
duction of the returns moved for.

They were accordingly ordered.
STATE OF THE CRI HINAL LAW.

Sir JAIILS .MACKINT9SII ruse, iu pursuance of
the notice lie had given, to submit to the House
certain propositions touching the present state of the
criminal law, which were founded on the Report of
the Committee appointed last Sesrioli to consider
so much of the criminal law as referred to capital
punishment. Has motion embraced two points.
Ile would first move the re-appointment of a Com-
mitter, for a similar porpoise at that which had
made a Report in the last Parliament ; and sec Ily
lie would move fur leave to bring no six Bills to
amend various ports of the criminal law, according
to the recuininendution of the Report of the former
Committee. 4. he understood there was no to-
teution to oppose his motion, at least in the present
stage, he would not enter at large into the general
and important !spis to which his motion had refer-
ence, but still lit would beg the indulgence of the
House while be stated as briefly and generally
as lie could to those Gentlemen who were not
in the last Par!lenient, and who could hot con'
requently have beeir acquainted with the laa
Hours of the last Committee, the outline of his
plan. The main object of ilia last Commit'.
tee appointed on this subject was to inquire tutu the

effect of the present list of capital pooi.hosents,
sod to merits's:, by the test of enperieure,
whr-
tlter them present sevesoy slid not in men), instances
counteract 'lw,r owls purpose, and di•soade proses
coots, witnesses, jorors, and even JiolLt•s, trotll
giving effect in the excessive extremity ul the
law—
■nd in doing so, whether they were not often un-
der die necessity of suffering those criminals to
escape, who, if the punishment were more com-
mensurate with the earner, "mold meet the just
penalty which their offence mer.ted ? For the MP.
sideration of that brooch of the epiestion. the lust
Committee had "diligently deliberated during the
last Session. Many argument• had from time to
time been urged against the indiscriminate *eves
mil of capital punishments; the oldest argument
was founded nit that great principle of humanity
which held PO extraordinary tenderness for the life
of man—a tenderness which every wise lawgiver
would cherish as being one of the bro.- isfeguards
of cisil society. The arguments upon this general
principle were, however, obeli left in a state of
great vagueness and uncertainty. There have been
perseos in all times who, with vigorous ideas and
stern uudersiandings, were so formed as to look with
equal sternness at the severity of the criminal
code, and to adhere with .teatimes to its extreme
provisions ; their opiniosia upon such a subject
became front a variety of circumstances habitual
and rivetted. Boat there were others who, with
equal anxiety to support the ascendancy of the law,
and with equal eagerness to punish its transgres-
sors, were struck with the perplexity of the circum-
stance that the law should impose by its letter so
many capital punishments, while in reality and by
comparison it inflicted so few. The English
law presented this singular spectacle, that it im.
posed a wide range of capital punishments, inflicted
comparatively few of them, nerd even in some of its
inflictions proceeded, or appeared to proceed, upon
very irreconcilable priliciples.—(Hear.)-s-Much
of the integrity of this old system of action had been
broken in upon in modern times. The change
arose, in broth, out of a sort of contest during the
last century, between the Legislature who were
multiplying laws, and the growing humanity of the
stational temper, which was bent upon altering the
Gothic swot, of the criminal code. lonovators,
indeed, some were called. who wished to mitigate
the wanton severity of capital punishments. Inno-
vation was often the passion of singularity; it was
trot confined to one set of melt, it otters appertained
to many ; paradoxical as innovation wea,the paradox
was as often found at the side of old establish.
melts, as on that of those whit wished for a reforma-
tion .or them. Dr. Paley, one of the most (vie.
brated and distill:-

try, had argued ,
with great ingeni
those prevailing -
quoted notions til
such enlightened
dened by the existing age.
but not, us some thought, wholly unaccountable.
When establishments became abandoned by the
growing intelligence of II future age to that in
which they originated—when public opinion was
brought ably and successfully to bear upon theta,
the attack upon them, by being general, became so
common, that there was neither interest nor honour
to be acquired by joining in the attack ; so some
persons changed their route and took a different
path to (sine, •iid gratified their passion for lingo-
lardy in soother sort of manner, they all at ouce
taxed their ingenuity to support old opinion., old
principles, sod old institutions. They did this, not
fur time purpose of distinguishing themselves from
the vulgar, but from the enlightened ; they be-
ciine the advocates of abuses, because every body
else cried out against them. It is true that
this course of obliquity was generally taken by
persons of second-rate talents. Dr. Paley took
it, though in the first walk of distinction. In.
deed they had all perhaps swell another instance of
this strange direction of great powers. in the case of
an individual whom lie (Sir James) always looked
up to with reverence and of meant the
late Mr. Windham. and the strange and anomalous
nature of some of that great roan's opinions were
undoulttedlv to be traced to his passion for vingu.
larity—to his desire to seek distinction by a chi-
valrous defence of those particular principles which
had been abandoned by all their former advocates.
—rilear.j—The efforts of such individuals often
roused the energies of those whit differed from
them into a more active display of their powers.
It was, perhaps, Dr. Paley's work which more
immediately induced the late Sir Saatuel ttornilly
to examine into the state of the ernoinal code.
The name of 'Ludly could two _ I re rased by pane-
gyric, or lowered by censure.—( I fear, hear, from
both sides of the flowse.)-i:.4%11 who knew his name
in the whole coril.zeil world, load also heard his
great character.—( Ilear. heur.)—Tilat great ruins
examined this question upon entainvliit of • new
footing. Of all men whom lie (Sir J. Mackintosh)
had ever known. Sir Simnel Monody retained in
the compositions of his mind the moist susceptible,
or, if he might use such an expression, the most
shriuking humanity. But though that exquisite
feeling belonged to lila temper, and was an lintel'.
ble part of his charaeter, he, in ,unkind; his it,quiry
intothe state of capital 11%11)1.11,1mm., sOletoced the
strong ferbags of his nature. sod hooked at the
question abstracted from his owls bewitmlitirs, amid
with a calm reference to the raising state of so-
City, and a direct rag srd to it. general Outerests: he
looked at it with a calon consideration of what was
best calculated to StlpilleSil erlllle, awl roust condo.
Stile to the geoseral welfare awl safety of the cont.
i nullity. Anil the result of all that consideratitr,
land reaso g was this—a demonstration, deduced
rmot Ilse general proweiples of human swore. that
'the effect of rot undue severity of punishment wad
nut to lender that punishment more efficacisiue, but
to rub it of its efficacy.—(!liar. hear.)—Kuck was
'kis reasouing, and such hits
cosooclossouoso.. Theft was
Still, however, in some quarters, that species of tbs.
I"
Most, which, before it minute piltscipitsi requires

' the test of experience. This distrust could r.i,t
but in seine degree be considered natural ; it war
in fact the best security against improper innovation
or precipitate change. T. conteud with ott
would bore been to exhibit the puerile folly of op-
„posing one of the fixed principles of human nature—
So.satiofy it became a duty, and leborious inquiry
,_teas the means of furnishing that satislaction. 'fie
sgisteuce of the evil was first to he considered, ri.
!Ita be kaudled with care. lie remembered
.Sbrouglia breach of privilege (we 'Ul'lllll4le by beiii,g
vss auditor in the gaiter,) having had the good for.
tune to hear aw expression from Mr. Fosolte value of
which forcibly struck him. It was, Übe rerolfeci.-it
right, whets some question about appellant istriati I ••
410 ii came under the consideration of the Hou.e.
Mr. Fox than said, that "appelliint jurisdiction
Gilded ou the great philosophical principle
=el.!of human infirmity." Jim he (Sir
No is shy present ease, the revisal of ilia
Grimiest code was necessary to repair what bad es-1 •
dose by human infirmity in lees enlightened d,,}-
The practical demonstration of the insufficiency tit'
Mae of the criminal punislimeuts as they were, ap-
plied, was proved nut of the mouths of prose-
cutors, of jurors, of witnesses, and of such Judge-4'
as could without impropriety be called upon frr
their opinions by the Cotatnittee. There was there-
fore the test of experience as well as the result f
theory, as must always be the case when the thenr,
was sound and the experience properly conducted.
The Committee of last Session having conclu.ivey
established to their own satisfaction the tiletfienc:.
of many of those capital punishments as at present
applied, proposed, ur rather recommended to they
Report, several remedial measurer, which unt.
now there had not been sufficient time to pre.
pare in a detailA form. The first proposinuti
which he should make was for the tr.mppo,sit.
meut of a similar Committee to the lasi, tia-
ing the same objects in view, of ascertainnig prat-
ticilly the state of the evil, and giving an experi-
mental answer to the only objection yet made to
their view of the case. Jim principal objection he
alluded to was list which urged that all their in-
quiries had hitherto been cinifiued to the uccurreirces
to the metropolis', and that no inconvenieuce !ind
been felt elsewhere from the operation of the law.
Without meaning to say that this. observation
should nut hare an exiieriniental answer. le-
would simply ,say this—that the occurrence.
_of the capital, in his mituiou, fully fortified the ;4,
omit .argument,, bicallee where executions wet..
frequent and geae4l.. the public, under who,l
eyes they pass, are best calculated to judge of their
effects, and not those who, as iti small and distolit

wit-
'hat
. to
there
,310-
...sing, a.. prii Aides .
What occurred so rarely in di.tant parts of ::1•
country. was scarcely perceptible on the spot ;
that which passed in such rapid succession w
had a very different effect. The Honourable
and Learned Gentleman then stated the nature of
the six Bills which he meant to bring in. The 1-t
was to repeal so much of the 12ih of gloms) Allow,
C. 7, as made privately stealing to a dwelling
to the value of 40s. a copilot offence. 'lnc gel was
to repeal that part of the loth and 11th of William
the Third, winch made stealing iu a slop to toe
value of ss. a capital offence. The ad was to re.
peal such parts of the 24th George H. c. 25. as rte.
dered it a capital offence to steal to the value of 4th.
on a navigable river, or in a port of entry and dis-
charge. He could not here but observe upon 11,e
caprice which marked this system of legislation.
Iu the year 1751, the Legislature enacted this ca.
pital felony for stealing 011 a navigable 11111-f ; but
I few years afterwards the Duke of Bridgewater
commenced that stupendolis work (the Bridgeable,
canal) which had in its result added so largely
to the wealth of the great interests of this country;
and yet, though obviously stealing on the canal,
was an offence more likely to be visited with seve-
rity by the Legislature. from the facility of its
commission, no one had attempted to exits's! w t
canal the penalty imposed upon all CiiClSee 011 tie
navigable river. There were pots of • trAa wty of
other Acts which be would propose to repeal, snit
leaving the offence, where it was • hetuotts
liable to the penally incurred by it before tile pate.
ing of the Act. He would also propose the tepeil
of penalties for some very severe offences, such.
fur instauce. as the folios/mg :—tie would i.roitose
to repeal the first tied second of Philip 40,;
which made it capital for Egyptians (volts)
to remain here fur one snoiata--(4 Ifittith)-
0160 to repeal the 18th Charles 11. for
punishing what were called " notorious thseve." to
Northuniberlaud and Norfolk; the 9iti George I.
c. 29, which wade that singular felony crow, of
being disguised within the mint; also the lith si
George 11. which made it a capital felony to in.
jure Westminster-bridge. He admitted that to
injure such a structure was an aggravated ()deuce
but he would leave it to the Legislature to consi-
der whether, et this time of day, it ought to be rest.
tiered a capital oue. He meant also to propose the
repeal of the capital part of I other Statutes;
such. fur sustance, as the 31st of Elizabeth, for the
offence of taking away a man's wit:ow or wife for
the sake of obtaining her fortune. Tilts penalty to
he ffir or equitable, ought not surely to be coufined
to the alsioctiou of au heiress; the poor. who are
Nina in the rye of the law, ought, without doubt.
to bare an equal protection, it the penalty was to
remain on the statute book ; but he really thought
the paucity remained a dead letter, for the offence
at which it was levelled was one so foreign to the.
1114111 We and habits of the people of this country.
SO impracticable also in the presto condition of.
society and operation of its incautious, that it weir
gate uuneensary to be preyrded spinet among a
people so sober and phlegmatic as the English.
He knew indeed that in another part of the empire

iguiahed writers of this age and coon- parb of the country, only occasionally and
11 on the side of estaldishments, and remote intervals of time have an opportunity of w
;enuily too, against the force of greasing such spectacle.—(Near, Bestir.`—WI
opinions which meat tat:refriews.osillit; occurs ie yn capital vas the- cryliii tin:Newt
upon capital punishments. ftrftwd omen hlt " gement ;it established, cud only ill,
advocates for points almost aban- could the complete opportuinty be found of es
ist jog age, was whimsical enough, blishing, all the principles for which be contends