The National Register.
London, England, 1818-03-08 00:00:00

C.
i 2

all 3tittr4

Our iling,Con6titution RITT3

SUNDAY, MARC!! 8, 1818.

tors were unacquainted with. Commerce has extrud-
ed its ramifications every where ;—the wheel.; of Go-
vernment have been increased without end ;—petty
interests have been multiplied and sub-di:l(kt' ;—and
all these are protected with the panirhment of Death ! !
Statute after statute creeps into the Book, while the
barbarous relics of older times are parted with as cc-
luctantly by the rich and great, as their own wealth
and power. Prevention is but little heeded.—"
this," they say, " and we will 'hang you.":—As a
man who lays open to view, a rich and tempting
orchard, contenting himself with the usual announce.
ment of traps and guns—the evil inclinations of the
plunderer arc excited—and in the hope of impu-
nity, he rushes into crime ;—whereas, if the orchard
had been protected with a high wall, that it
were difficult to scale, he would have been at once de-
prived of temptation and opportunity. This compari-
son is strikingly illustrative of the numerous cases of
forgery that are continually occurring.—We shall not
offend the advocates of the commercial system, by dis-
puting the moral propriety of adjudging death for this
crime, but its eCicacy and expediency we have ample
authority ihr denying. Not even the undeviating ri-
gour of the law has been able to repress forgeries—the
crime onerea,:ca with the opportunities—the dealers in
paper were alarmed and horrified—prosLcutions became
more frequent, but still the evil spread. It appmrs that
there exists an Asseeiation of Bankers hr the purpose
of ? Compassion from the human
breast ! llare is a censequenCe of Commerce ! We do
not will to excite improper commiseration for crime,
but we would if this Association ever directed their
attention to the prevention of forgeries—diet they ne-
ver consider the possibility of I..lldt:ring their own
.cheques inure di!ieuit to forge—or did the Directors of
the link nevw kok at their own di,graceful notes,
with a view to their amendment ? If they hare not
done so, in the name of mercy and humanity, let them
do it IRAN. For our own parts, we arc convinced, that
the difficulty of forging might be greatly increased—it
would be a Mid on the important discoveries of the
pre.;ent age to suppose otherwise ; and we are of opinion
that the institution of a soelety fur the prevention of
crime, by collecting information, and promoting plans
for diminishing. the facilities of its commission, would
be highly beneficial and laudable.

One of the must obvious arguments against our nu-
meroos capital punishments 13 their inefficacy. They
are so unequally apportioned, that they arc frequently
inflicted on offences of the highest and toast magnitude,
—and consequently %hen a villain knows that he runs
the same risk in committing a greater or a less offence,
is often induced to chttsu the former; while un the other
hand, a man, who sustaining an injury of secondary
importance, revolts *ith horror at the idea of consign-
ing a fellow mature to the grave, whom time and in-
struction might wean from evil habits, and render tit
to be reconciled to God and nian.

In this way, many a criminal who merits a Just pro.
portion of punishment, escapee ahugether. Numerous
individuals are sentenced to death every year, but fey:
arc executed. Justice pattsi at her own ism:hies,
and self-convicted, suitfers Mercy to snatch her victims
from her palsied grasp. The delinquents know this—
they know that if theirs be an ordinary case, there is
every probability of their est-1w ; they deride the law
and its ceremonies ; the awful form of condemnation
becomes a mere solemn farce,—" the cap of doom," (as
a sensible writer in the Felz.‘,..ti!-. Review observes), is
rut on to no purfose, and k is pat oo so often in vuin,
that he wh.) wears r.-1.1 they ...silo behold it, grow
equally callous :uhl unantocrneil. Thus is .I.:ritice
mocked in her very bolls, her armn is enfeebled,
Eno•rpr:Lc, pith and nwnw;)t,
Willi thiri regard, their current.. turn iiwry,
lcec tta: tam.;.: or activa."

PRICE %O.

Can this be policy ? Is this the summit of our. boasted
criminal law—to defeat its purposes by its own fury,
to force a sensation of horror at its vengeance, and
commiseration for the oljects of it I
To enter into the full merits el the question respect-
in?, capital punishments would far exceed our limits;
on the ground of expediency alone, we would contend
for a minute investigation, and an alteration of the sys-
tern. Surely, the refinements of legislation have been
carried far enough—let us now retrace a few steps
towards the simpler principles of our foref:►thers, en-
lightened as we are by the intellectual progress of the
present age. Education is spreading its blessings every-
where, and affords an additional inducement to reviow
and reform. We do not advocate rash and preeipitzte
change—we would have the work proceed cautiously,
marching by the side of national i►uprovement, and
striking at one excrescence after another, till these un-
necessary and injudicious severities are removed, and
our criminal law really becomes what it professes to be
—just in its principles, and merciful in the execution ui
them.

IMPERIAL PARLIAMENT.

HOUSE OF LORDS.

ItToNP.ty, fttarvli

Lord iint.t.A7fr, pceseuteda Pcn.fua from certain ma.:tcr•r
and jtArt.eynien cLatut,e3r -sweepers of London and Uestion,-
.sivr, praying that the Rill for pr‘vL!ltitig the use of elimbiag,_
boys be passed.—Ordered to tic on the table.
Lari tinUEVENnIt presented a Petition from R. G. Butt, a
rnisoilei in the Ling's ltench fern ou Lord Ellen horoug,e,
comptniniog of undue nieteuti,:tt, :nut a di:pm-alum of his
rights, u:.der the Habeas t.lorptu; Su:peusion !tut, and praying
for au wintry it:to his e;lie.--Otthlt'd to tie oa the whit— -
Also a l'etittou treat Cirzster, agoinst the use of climbing
Lot's.

'll,e 1 etaLeu was; Limo ori:treil to be laid on the labre. —A
jo urned

TI'ES!,(Y.
INI)E ITN' BIT L.

The order of the ddy being ti..til for the cormni tment of the
'Lc:enmity It'll,
Lunt MOLL. %NI) note, but not, be said, with the iiitention
et t esisting the Motion. for referring the Bill ton Committee.
There %vele, however, tea oc tin ee imestious which he
'bought it right previmoly to ask, the answer to which might
perhaps ramble their I.otilships to proceed with Inure 'mai-
!,l9ll and despatch, 'Alit a in the Committee, than they "e,.'d
otherwise do:—I.1. Whether a person discharged he
nvthe-
rity of the setietary, or a .Magistrate. without ani bill of 'n.•
dretnient against hint tat cuic been thrown oat by a Gr;:•••1
dory, or acquittal by trial, or nil a iroli proecqui, can Je h, .1
to he discharged according to law. 2. ‘I bold a discharge
he the Secretary of State prevent the person from br:. rS
again arrested ou the Sallie charge % Conld a person
icy the Secretary oi. Mate insert in Weelartit;cm,,
Olt bringing all action, that there was an roil of the s::it
against hiin ? These were impartant questions, a% 're
thought them worthy of their Lordships' consideration, nu
grounds totally independent of the Cdl hefure them.
The Loan Cit txcrisf.oit wislie,f, in the beet place, to el,.
serve, that lie did not consider himself MI great an adept ta
the criminal law, as to be always prepared to give their
ships a satisfactory opinion upon every dittieulty that neigh
be started. In 11w present case hr 11111.11. also that c.c
emild not recollect the terms the question which thi.
hie Lind had put with sufficient previ•iou, to enable him •:cc
drive it a full answer, were he in other respects capable of
Ling. It it were explained to him, he should be really :a
give any itiformation in his power.
The House then resolved itself into a Committee on
stile

When the Loßn CHAN ear,t.tift proposed, ;hat the Itio•irft
should comiidet the preamble first, instead of po.rpoak.c
as because it was closets connected vvith, and re.. rred
to, by the enactment part of the Rill.
I.3rd L tuncnn %Lt. observed, that if the flote4 wis to v.it
aside all precedents, mill rely on ilte:trimment or the I ...o::!etl
Lord, he mast say that aittatticat had no great weight w•-;b
him. The meaning of a preamble to r‘l,l;tio alticzt
Of a BPI to the ptiiilie; hot hoe roula it .voitinir to du IS;11
before it was decided of n hat clauses the Kill should consist ?
Here the Learned I.ord, corm/Iry to all rises Ju.l meaning,
called on the lion•e to cougar' the title ,not preamble of the
Bill, before the y Arlon. etift.es had been decided ; the
I.earued land had pr.de,sedcaaiirc4i:iteflx‘;latnoatei,bitup,lawittl,;.na:t
most I;,l%iiiri.lT(il.iottlii•ti:i;r"lt.h.'i:Oa depot titre front the orami:, y
Jolts.
14;n1-,t, ore d-ni..l shot there WO, iinv thing
in t:. mode of prof.. t •Idie ; had him Of, nu niner ne, a-
'l d'at Olt lot amihie should ht eolsidsrcd 0f..,
hCC:I,I•C 11 I rred to (b.
otj I: VON s.•ift, the Hill wa, one of the
tr, Hip ,rt.lite.• to CI,- at large., and the ,r Loud-
not to .I..etde to•sthy ; too)' oovhi In ekefe;N:
c,loinoi on thi point, or they might Pori r as
it acre, be led to sanction tua..tultats, tut sc:t,t of aulcb

T LONDON At ETTE, Saturday, March 7.