The Sun.
London, England, 1837-05-20 00:00:00

CAPITAL PUNISHMENT.

The Order of the Day was then read for going into Com-
mittee on the Punishment of Death Bill.
Mr. EW AR T, in rising to move an instruction to the Com-
mittee, said that although he himself entertained a strong opi-
nion that in the present state of society the punishment of
death might safely be dispensed with in all cases, yet the en-
forcement of that opinion was not the object of his present
motion. He thought, at all events, it would be felt that they
had the right to inflict as much of punishment as was neces-
sary for the preservation of society. For some time past
there had been a growing dislike to all harsh punishments.
This was seen particularly in those countries where the system
of trial by jury prevailed, and therefore it was that in Eng-
land, France, and America the opponents of capital punish-
ment were to be found in the greatest number. It was a re-
markable fact that as executions had decreased crime had be-
come diminished. Society, indeed, was in a better state as
regarded crime now that capital punishments bad been re-
duced in number.—( Hear.) He did not think the principle
on which the Noble Lord's mitigation of punishment pro-
ceeded was in accordance with the feelings of the community.
In France, Belgium, Prussia, and Austria, the punishment of
death had been almost entirely abolished, and why should it
not in a free country like England? It no doubt was true
that the Code Napoleon retained capital punishments in cases
of burglary, but in 1822 even this crime was not punished
with death in France, and no bad effects resulted from the
mitigation ; yet, in the face of such evidence, the Noble Lord
intended to continue capital punishments in no less than eight
cases. Rape was one of them, and he could only say that
the experience of other countries proved that, even in the case
of this offence, the abolition of the punishment of death had
been attended with no evil consequences. He should also
wish to see capital punishments done away with for infamous
offences. They might stamp such atrocious crimes with as
much popular horror as they pleased, but still he was convinced
that the removal of the punishment of death in these cases,
as well as in cases of robbery and burglary, would be attended
with benefit rather than injury to the community at large, be-
cause it would have the effect of rendering the punishments
certain, and at the same time inducing prosecutions where
now they were abandoned, in consequence of the severity of
the laws. Now he might be asked what the substitution was
that he would propose. To this he would answer that he would
extend imprisonment—he would even go the length of ex-
tending it for the term of life in some cases ; and that he
thought would be a sufficiently severe punishment for any of-
fence whatever. He knew that the Noble Lord considered
that punishment too severe • Luf Ps severity and certainty of
punishment seemed to be the only effectual mode of prevent-
ing or repressing crime, he (Mr. Ewart) entertained a very
different opinion. When examined before the Law Commis-

,
stoners Mr. Alderman Harmer expressed it as his opinion." /
the punisnment of death was not so sure a means of
crime as long imprisonments, and this was confirmed by the",
perience of almost all foreign nations where the experinsee'
of abolishing capital punishments had been made. Viet!:
nishmeut of death, it should be recollected, was irrevocable
while that of imprisonment was not, and as man had no sir.
to exercise the vengeance which alone belonged to the h!
prcme Being, he thought no human power should take aw!,
,
the life which God had given. His belief was that dlya
should abolish capital punishments in all cases where it eon
s
be removed with perfect security to society, because notint
could have a worse influence on the minds of a people thane'
uring them to scenes of blood. This was sufficiently proved
by the spectacles which the recent executions in this count, :,
exhibited. Nothing could possibly be more lamenSable. re%
sons were to be seen among the crowds collected on these*.
cesions smoking their pipes with the most apathetic ice for
rence, and indulging in language the most inappropriate,
scenes so solemn, and at the same time so revolting to humor,
ture. It was well known that women, and even children, had bew
present at such exhibitions, and lie did not think it could ',"11
doubted that they went away more depraved than they libe
gone.—( Hear.) He considered it a wise policy to teach tsi,
people a sacred regard for life, and as an existence bad he`bt
given to man for some wise purpose by the Almighty, it ago,
not to be trifled with, or hastily or prematurely taken ay; 10
Even in Russia a considerable decrease had taken Plaee_bs,
capital punishment, and in Tuscany had been altogether a
es
lished nearly half a century ago, In Austria, too, it lsad bets
considerably diminished; and when they found that the ea
considerably
of other countries had been followed up in this respect 1.1.t0
such good effect, he thought they should not hesitate at lese` fi
try the experiment. Capital punishment had also been
mitigated in Hindostan by Sir James Mackintosh, Sir Chari—
Metcalf, arid other eminent Judges; and what was the copse;
quence ? Why, that the change to a milder code of laws baa'
prßuced the most beneficial results on the habits and maneedie
of the people of that part of the world.—( Hear.) In the mid
dl
the last century the sanguinary code of this country had at)
tracted the attention of Sir W. Meredith ; but he (Mr. Ewe
believed it to be wholly attributable to the aristocratic C
„"0
racter of the Government, which had for so long a time be
in the habit of considering that crime could only be represselvis
severe and cruel laws. Under the circumstances which he las
stated, he now called on the House to mitigate the priail);,
of the Bill of the Noble Lord, without, however, at all We,
feline. with the crime of murder, and in so doing he was 1",4
suaded' that he was supported by the voice of the country.
believed that the change was required by good policy and 'Ts
tural feeling, as well as by religion, and, therefore, he shoe'
conclude by moving, as an amendment, " That it be an instasl:
tion to the Committee on the Bill to abolish capital pun
i
ment in all cases except cases of murder."—( Hear.) b 0
Mr. HUME seconded the motion of his Hon. Friend Ws,
had just sat down with much satisfaction, because, having anti
voted considerable attention to this subject, he had arrived
the same conclusion to which his Hon. Friend had COn°.
Indeed, it was impossible to examine the tables before tie 1
with respect to crime, without being convinced that caPtct
punishments ought to be abolished. They should recoils ,
that unnecessarily severe laws only tended to sender
0t
people barbarous ; and this was a truth which the recce
executions executions in the metropolis, at Gloucester, and elstsschfe'ril
strikingly exemplified. Now, he submitted to the Noble 'Jets
whether the tendency of such exhibitions was not rathe,
encourage than repress crime 1 And if he only looked,
the motives which actuated human nature, he must be O.",
vinced that such scenes were not calculated to humantlit"
a people. The duty of a Government was to promote, as 1,)
as pcsFible a high state of moral feeling, and he (Mr. 'HO"
thought that the removal from public view of such revolting
scenes as executions was one means by which that object
to be attained. In Belgium capital punishment had been sotslished, and what was the consequence ? Why, that the Me m,
serious description of crimes had been greatly diminished.
had visited a prison in that country in which eighteen crisaiast
of this kind were confined, and he was told by the goverls
that the practice of long imprisonments had done mach ge,,,s
in the way of preventing crime, and putting down those acn,
and ferocious feelings which led to the commission of v:e'"o
offences. He asked the Noble Lord whether the present ',jig
not a fit opportunity for trying the same experiment in t
country ? He did not believe that the people of England Were
less likely to benefit by mild laws than the people of Belgil
or of ans other country ; and therefore it was that he hells(
the instruction of his Honourable Friend would be adopted
the House, even though it did not go quite so far as be caeo
wish, or as he thought it ought to go, inasmuch as he 11
against the infliction of capital punishment in any case.
The SPEAKER having put the question, to
Lord J. RUSSELL said that he was very unwilling ,
enter into the present discussion, because the Hon. o,eo,
tleman who had moved the amendment, and the Hon. tle
tieman who had seconded it, had rather treated his prop
sition as if the object of that proposition had been •
increase capital punishment. Now, what he proposed wss,
decrease, and not an increase, of the punishment of death
4
(Hear.) There were at present thirty-seven offences vOll of
were capital, and what he intended was that in twenty-one/
these the punishment of deaths should be wholly repeal'
and with respect to several others only inflicted under Flie;
culiar circumstances. He made this proposition because be
considered it more likely to carry with it the opinion oNop
country, and at the same time effect a considerable mitigaPe,
in the severity of the law than if he had gone any furtbus,
The argument of the Hon. Member for Liverpool wor
doubtedly led to the conclusion that he wished to do a .00
with capital punishment altogether, although his nictife
did not go quite to that extent ; but the Hon. Member t.,
Middlesex openly avowed what his views were—that
wai desirous of having capital punishment entirely abolish!,
The two cases taken by the Hon. Gentlemen as illustratild
in support of their views were those which recently occur.
in London and at Gloucester. They were both executioa:
for murders of an aggravated description, and with the cots
mission of which offences there could be no human sympatulei
—( Hear, hear.) The Hon. Gentleman, however, declaro
that in no case ought capital punishment to take place ;
all
with respect to a proposition going to such an extent, al'
could say was that lie was of opinion that the Legislature
would not be acting in accordance with the generai feell›
and sentiments of the country if they were to go any sus,
length as to say that capital punishment should be wholly
eo
tinguished in all cases. His belief was that if Parlialc Of
were to pass a law abolishing the capital punishment
offenders such as those who had been executed—offenders i'j
had excited the unqualified abhorrence of the public in geeeete
of this country—if, he repeated, offenders such as these 0,4
not subject to capital punishment, he was satisfied that 01
would soon see a reaction in favour of the punishment
death, which would oblige Parliament to retrace its stePs;o6
( Hear, hear.) He thought that such a revulsion in pi re,
feeling would be a very great misfortune, and he, diese,.l's,
rather than adopt any other course, preferred lookingl4
public opinion for a gradual and proper modification of t 4
criminal law, by taking away capital punishment for?
fences against property, and preserving it in instances of ego.
cious violations of the security of life and person. By
means he was persuaded the greatest amount of good wy
be effected. Prosecutions would be encouraged, and Ju4
would be induced to convict ; and a further advantage W5OO
would be gained was, that the whole weight of public op air
would be found to he more in accordance with the due eat Se
tion of the laws. With respect to the question of the ab°1;•;
Lion of capital punishment, and whether he considered 'of
question in a philosophical or practical point of view, he e.
inclined to think that it was far better to leave it to chat:lens/
to open discussion by public writers—than if they were "e();
to proceed to the consideration of it. In short, he did 0
believe that they were prepared to go into such a questiedeser
present. But, at all events, whether they were not goinaold
enough, or whether they were going too tar, he for one Wepo
not consent to abolish capital punishment.—(Hear.) tsef
Hon. Member for Liverpool had quoted the example of e the
countries, but he ( Lord J. Russell) believed that, with oat
exception of Belgium, the punishment of death existed in
if not all of the countries which the Hon. Gentleman eat
named. In France, for instance, there had in the last"; th,
been no fewer than fifteen capital executions, even net"s
standing the power which the Juries of that country posse to
of returning with their verdict extenuating circumstance tse
prevent the infliction of that punishment. Now, dill soa
last year in England, the total amount of executions °I ISO
exceed seventeen. In cases of this kind the comparison boa
the Hon. Gentleman made was not fair. There mightttbo
been thirty three years ago ; but it was an ascertained Pica tbn
only 17 criminals were capitally punished last year, ors no;
great probability was that this year the number world the
reach any such amount. But he would not further occePitab's
attention of the House, because he really felt that the
tibtio
ject was one which ought to be left to the discussion of limes,
writers, writers, and the effect of public opinion in future
uhl!c
What he proposed was to make the law accord with' PSser
opinion, and the Judgment of those in whose hands the soil
nistration of justice was placed.—( Hear, hear, bear.) io to
seemed to be the best course he could take ; but he ong the
say that, with respect to what had been said with regard eel'
scenes exhibited at the late executions, he entirely ageee;gge
though he knew that newspapers were liable to such csoest,
rations in the accounts they gave of such cases. 11e
, 0005
however reprobate, in common with those who ban eriit
before him, the conduct of the persons who were Pressof
the occasions referred to, and the feelings which they °roe:
played ; but he was aware that such scenes did not P,oot
any immediate consequenees, and he attributed such fee
on tb
the want of sufficient moral and religious instruction 007
part of the people.—( Hear, hear.) He was quite surdensees
the persons who attended those executions had received
moral and religious instruction they would have been 7,1,1
by very different sentiments ; that such spectacles we's`, there'
produced in their mind the most serious reflections; and'
fore, as it was not to the spectacles themselves, but ;.?_sis, LP :e
barous and revoltin a conduct of those who witnessed tn op tP
the fault belonged, he was unwilling to place any stress
arguments drawn from such exhibitions.—( Hear.) , and l_4ll°
Mr. F. BUXTON must thank the Noble Loru_oo.oioll4
Government for removing so large a portion of the Forge!,
laws of our criminal code, especially
fleeting. s ths'
from the statute book. Two experiments resr nisenevet
had been tried. The one was the process of the
,lith
with regard foie,
were
eir/let es- cs 4;
crime by rigour, and the other by mitigation.
instance, all persons convicted of forgery
Bow-street mercy, not a single wretch being allowe
At one Assizes no fewer than mine persons svert ttoudeatho
of this offence, and
theeevry one of them was Pus sears eg 'for
(Hear, hear. ) In metropolis alonoeff,
et:co:1:3;0.7e: tthhe:lihittl,
greater number of persona were executed for_T,afso het_ the
all other offences throughout England and N'"!: 18.93100
this inexorable severity put down the
number of convictions for forgery was 213, be thought'
year it did not exceed 179.-4 Hear, hear.) i",.a'sital pe:4oo
was conclusive in favour of the abolition of thF'Sjorse of f',ol,
ment, the more especially as all other degas s;aose
had, during the same period, rather inereued

I.

lie certainly should give hi s support to the motion of his Hon.
)Friend the kternb'er for Liverpool.
c. Mr. BROIL' rtERTON must also express his thanks to the
tirsobvernrnent. for what they had done. He considered the pu-
,) meet or death not only contrary to sound policy, but
itb)posed to
the principles of true religion and right reason.
C a: isia, rt of the criminal code of this country which related to
I .
or
P'anishment was against the Divine creed, and he, well
"newi°' ' that he could demonstrate this, should give his vote
I :or tb ebamendment.
D..
a eri• BO WRING was desirous to see the punishment of
.th abolished in every case.
llie le
Mr. ROEBUCK thought that the House ought to take
ad of Public mind the public mind, and, if they did, he was sure the
would follow them in these reforms. He was sure
that, if they took the advance of the public in the abolition of
thelt
with
reet respect to their opinion, and with the anticipation of the
mast favourable and satisfactory results.
11° -Mr. O'CONNELL concurred in the opinion that they had
°' right to abridge the life of a fellow-man, and send a human
b •
eing unprepared before his God. There were other punish-
`ltems quite sufficient for all the purposes of prevention, with-
seut resorting to the punishment of death. The Noble Lord
?sad expressed an opinion that, by going this length, they
'would go too far in advance of the public mind. If they
isivanted ts) see the state of public opinion on this subject, they
nti,°'llY to look at the press, which on all sides was in favour
taker ency. With respect to the late execution that had
rib's' 1 place in this city, he could conceive nothing more hor-
n_, than the circumstances of that exhibition altogether. A
_:4 .nber of people assembled to witness the execution of an
4.4` .rocious criminal, who had entrapped the affections and con-
Jderice of an unfortunate woman, whom he murdered for the
bade lure of gain. He would not dwell upon the eircum-
etances that attended that terrific exhibition ,but be was cer-
lain that there was not a human being who had attended
ione.that was
who had not been made worse by that spec-
and I , and by witnessing all that attended it.
The ATTORNEY-GENERAL had always been in fa-
vour of the mitigation of the criminal code. He had sup-
ported the. Bill for the abolition of the punishment of death
nfor forge ry, and he regretted that they had retained that pu-
,,,ies_limeit in cases of forging wills and powers of attorney.
..4.aee was a recent instance of the case of an individual eon-
evlacted of the reserved capital offence, and in which case the
l punishment was prevented from being carried into
'gee tby the unanimously-expressed opinion of the public.
1° .en,ey had made great advances in Criminal Law Reform, hay-
i e.'oolished capital punishment in a great number of cases,
a ad the effect of the present Bill would be to abolish capital
punishments to three-fourths of the cases in which it was at
present inflicted. He, however, was not prepared to go the
length of abolishinwasp punishment of
oreseath in proceeding.
The
public mind not prepared uch a pg.
The time might come when it would be safe to give Ur
the punishment of death altogether; but he did not think
at present they would be justified in going the length
proposed by the Honourable Member for Liverpool. There
were several cases in which it would be difficult to make
a.distinction. How, for instance, could they make a distinc-
tion between absolute murder and the deliberate intention
to kills where that intention bad been so far carried into effect
...): that the victim was left for dead upon the ground, and owed
eti, eseaPe Perhaps to superior strength of constitution or to
14accidental advantage of medical aid ? Now, with respect
1 burglar advantage the state of the law on that subject was a disgrace
0 the country. Under the existing definition of burglary a
person
in a frolic breaking a pane of glass after midnight, or a
bute o
.Ibny stealing a penny bun, might be held to be burglars,
defiill Noble Friend's Bill remedied that defect, and left the
ton open to no miscnstruction. He felt bound to vote
against the amendment oft the Hon. Member for Liverpool.
eh ?. WYSE said that the true and only mode of preventing
th
„e was by establishing a proper and national education for
amongre°Pla. At present they were educating them in the
fad Way. Every gibbet they saw was a portion of that
... tication, and the effect of such spectacles oil the mind and
?rela of the people was highly injurious. It was the Legis-
'<lure, not the people, that were to blame. He supported the
Inendment.
holl'Ir• PL UM PTR E would vote for the amendment of the
e. Member for Liverpool.
olillie SOLICITOR-GENERAL admitted that a time
s"g"t come when the spread of education would make it de-
Iniravble that these capital penalties should be altogether re-
te° ed ' adoe did not think that in doing so at present they
erid ;Jepting a safe or a prudent course.
• tr. ROBINSON though he did not concur in the pro-
yP,ll:*9-.Y of doing away 'with the punishment of death altogether,
•L felt bound to support the amendment.
r)r. LUSHINGTON hailed with great satisfaction this
'Peasure for the mitigation of the criminal code. It was a sub-
Jeet:to which for thirty years he had devoted his attention.
....,41e wished to see capital punishments abolished altogether.
the4he effect of public spectacles of execution was to deprave
public mind. He believed that there never was an exe-
e,,tioil which did not produce a future candidate for the hands
c. the hangman. He thought it unjust to the people of this
e,uatitry to say that if the punishment of death were abolished,
they would take summary vengeance, and appeal to what
that
Governac called " the wild justice of revenge." He thought
.uat she ment were entitled to great credit for their
relv.tiness in conforming to the general call for a remission of
th e punishment of death, and their fame would not rest on
rile -fleeting popularity which might hail the change, but on
Ole fact that they had brought forward a measure really useful
to the country,
spo o
.t Sir ROBERT INGLIS had not intended, when he en-
sereect had the House, to speak on the motion ; but so many per-
ken on the other side f House, and so few
on his, that he should feel ashamed if hethe did not declare his
reasons for objection. to the motion. This was no party ques-
tion s • ean it never would be legislated on, he hoped, under any
feeling of Political
rzients h• -1, • bias.—( Hear, hear.) As to the argu-
I, .ty ic might be adduced in favour of the present system,
4e might point out the number of cases under the old Scrip-
sttre dise
billed p nsation in which the punishment of death was en-
lo ; • He Was unwilling to make the House a forum of theo-
gical discusaion, and he should not, therefore, dwell on that
nis
tilldstoof the subject. He would rather refer to the argume .
t , cect by the Attorney-General, and request Hon. Members
I:3 "°lisider if the distinction brought forward by that Hon. and
Z,'!arned Member relative to what were called, in popular lan-
ly: e, the accidents of crime, were not perfectly unanswer-
sh • Be must again repeat, that the support of the
motion.
lien,
gin,' a chvenea by the Hon. Members opposite, was, in his °-
laip p way of gaining popularity, and he should cer-
-I,en'Y Id
with his Majesty's Government on the motion ; and
,opiZould not go to a division without declaring that, in his
°O they had gone as far as they could in prudence attempt
go.
Coin
ale, 'feet THOMPSON said that, having gone out to exa-
h (:eha crimes were punishable with death, according to
dett:ilvtosaic law, he had by chance opened on a passage which
lea( aced that the man who ate the fat of goats or other ani-
nj °r Partook of the blood, should be cut off from the
ele4Cl e• But in the present day such an enactment could not
e.htin:oiiterated; and, therefore, the sanction of Scripture for the
ea,ph inent of death on a numerous catalogue of offences
be,.,t /lot to be rigid) insisted on. One point which had not
le.' adverted tobwasy in his opinion, deserving of notice.
lisClesired to learn if the punishment of death was to be &bo-
sal%r Political offences? Public opinion all over Europe
ti the sueh severity, and he thought the time was come Nina ~
:British House of Commons should make some . di
kr, of opinion on the subject.
ti on, 8.; opinion on
expressed himself in favour of the mo-
liroo(t' adduced the state of part of Ireland in 1831 asa
estotstuat Mild measures might be productive of excellentere
peaisti•Outrages were then commonly committed which w.
listed able with death. The capital punishment was not in-
tde, die'
(1); "' and in a month the district became tranquil.—
t'o% ~, divide
t ,x a-'4 'v A RT, in explanation, wished to state that he had
niehn,Pressed himself in favour of a total abolition of the pud tlcit entertain of death. He also desired to declare that he had
vernole rtained the slightest intention of reflecting on the Go-
tio,se 11: for their conduct respecting the subject before thed
as The l but had given them credit for having done much goo
galvleorrythweans
s they bad gone Divide. )
rtih
Por the then cleared,. ad there appeare7cl3
artigelarol motion
72
Mr. E wart' a Majority —l
When the s -113endinent was therefore lost.
Itlitt e gallery was re-opene. d, tbe House was iu Com-
kere on th e Burni•
tl • G°ULl3Ung or Destroying Bu.ildinghseapnudniSsihiimpesnßtilnli
tath BN objected to having t
ke t remitted in cases where any attempt was made to scet
i'illSe° any °f hil Majesty's dockards or arsenals. First, b.-
Ili, great loss f life occur; and, next, becruse
o might .
talbpPtl4.b. lie interest might suffer most materially by such at-
Th. ,
sider„es,IITTORNEY
t.,_ _--able dim , . -GENERAL said that there was con-
eesh,
..0. eicu.ty in the point, and the matter had been al-
C/,,J_''ri nsidered in some measure by the Government.
o r4ci BW er to a question by Mr. SHAW,
Ilin J. RUSSELL said it was his intention to apply the
..„to Ireland.
C
'„'". LENNA,,,,
"Anty A, . au objected to the extended power given to
. Lom
J, Filtrates by these Bills.
IIIIPOrt '
• , .aeee
trywit% 4 A t and he should take time to consider it..
, as "zi.WES said the state of the police force in the coun-
sltres a disgrace to the House of Commons, and some mea-
-0114
Wel4ght to be taken to correct that evil before the present
r. Alre ZuP.a_ssese
'''e'lerat e,,.ivle E. said that nothing but an improvedte system of
Q'l'lle ell ation would correct the morals of people.
„Irereino,..4ANCELLOR of the EXCHEQUER .
said the
f•-•eee tr,-:es had done a great deal to promote the object re-
„votr rst-Ju.7t.tb,e Hon, Member,
super aot found uSSELL said that the secondary punishments
ti Posed. up,l so inefficient as the Hon. Member for Lambeth
beatrh_ s_elllarly d;._ rim (Lord John Russell's) attention had ee
Pand
•7 via, nappy to
to the state of the prisons of this country,
Ptke • NI to say a considerable improvement had ta ken
t., Tr, In their man
. GR.n,„, enaent.
" ret • '' I B tbounlit that if the punishment of death was
s
Private rained, it ry rd L L
elal ' its kV ou ue uetter that it should be
with:inflcted in
ferter.es ;C executions were never attended
_benerfie--
n support of his views, the Hon.. Member
Liedgz'tit,sicleetetlie recent execution at the Old Bailey, which he
wooir Bl.tnost disgusting exhibition.
rigseld be fo,;-'IIBELL was of opinion that priva.tte executions
might give
sylio a belief a most dangerous expedient, as .(e.14. Le that murders were committed lunder such a
teZII°4RT aka 4 a rijost d. PEEL admitted that the execution referred
tat„,.re teld, 'sgusting exhibition, and that spectacles of this
s ec-
alga's bet srin roduced any salutary effects upon the p. to per Wit 0 thought it would be a most dangerous prin-
nut executions to take place in private.—(Hear.)

There was one matter connected with the present system
which he conceived extremely reprehensible, that of admit-
ting persons to visit prisoners under sentence of death.—
( Hear.) He did not mean to say that persons whose ob-
ject was to obtain information which might be useful to the
Secretary of State, or those whom the prisoner might desire
to sec, should be refused admittance, but he thought that per-
sons whose object was mere curiosity should not be permitted
to visit a prisoner under such circumstances. When persons
of distinction visited convicts under sentence for a serious
crime it invested the culprit with the character of a hero.
The publication of the details of conversations held on those
occasions, with the history of the past life of the convict, was
calculated to excite sympathy for his situation, and to raise
him in the oyes of the vulgar. If, therefore, persons who
had the management and control of prisons had not the good
sense or discretion to prevent the growth of such practices,
the law ought to interpose, to put a stop to them.---( Hear,
hear.) If it were intended to rely on transportation and im-
prisonment as the principal means for repressing crime, it
would be satisfactory to have some precise information as to
the effects produced on the conduct and habits of criminals by
the duration of those punishments; and he also thought the
Judges should be empowered to add to the sentence of impri-
sonment solitary confinement, in cases where it might be
deemed necessary. As regarded the police generally, it
was admitted on all hands that they were very effective.
—( Hear, hear.) With respect to a rural police, if the
Honourable Gentleman who spoke of it (Mr. Hawes) had
any proposition to make, he had better propose it to the
House in the shape of a Bill. It was, however, a
matter for very serious consideration. It was not so simple an
affair as persons would suppose. The populous and manufac-
turing districts were different from the rural with respect to
the establishment of a police, and any attempt to fix it upon
the latter would be open to much objection and obloquy. It
was not his (Sir R. Peel's) object to have the Bill postponed;
but when such discretion was proposed to be vested in the
Judges, it would be well to afford them an opportunity of
ascertaining in what manner the system of secondary punish-
ments would be likely to work, and, by that means, to enable
them to exercise their discretionary power in the best manner
possible.
Lord J. RUSSELL said that a Committee on the subject
had been appointed last year by the Lords, which, after mi-
nute inquiries, had come to certain resolutions which were
afterwards communicated to the magistrates of quarter ses-
sions. They were recommended for temporary application.
and were found to work well, and it would be desirable to
wait and see what improvement they were calculated to effect
in the system of prison discipline. As far as the experiment
had bean made it proved successful. There were complaints
that some of the prisons were overloaded with military cases,
but, on inquiry, it was found that sufficient accommodati3n
could be made for such cases in the barracks. In the course
of a 'day or two he expected to receive some further reports on
the subject. The reports hitherto received from the magis-
trates were highly satisfactory ; and, this being the case, it
was better that Government should co-operate with the efforts
which proved so successful than to endeavour to enforce any
particular rules. With respect to the observations of the Right
Hon. Baronet respecting recent circumstances relative to
criminals under sentence of death, he fully concurred in them.
He admitted that some revolting spectacles had been exhi-
bited, but he hoped that after what had occurred means would
be taken to prevent a repetition of them.
Mr. C. FERGUSSON, in reply to the Right Hon. Mem-
ber for Tam worth, would only say that the discretion proposed
to be vested in the Judges was not greater than that which
they previously possessed. He should at the same time take
an opportunity of directing the attention of the Committee to
the state of the prisons in Scotland, which, according to the
report of Mr. Hall, was most disgraceful.
Sir R. PEEL, in explanation, did not mean to say that a
wider discretion was vested in the Judges. His object was
to enable the Judges to exercise any discretion with which
they might be vested in the best manner possible; and to do
this it would be well that they had every information as to how
the system of secondary punishment worked—as, for instance,
what was the difference in the result of five years' imprison-
ment, as contrasted with transportation ; the various manner in
which the different modes of punishment operated in reclaim-
ing males and females, and which were the results of those
separate modes of punishment as applied to the younger and
the older offenders.
After a few words from Dr. BOWRING, with respect to a
classification of juvenile and hardened offenders, the first part
of the preamble was agreed to.
On the second part of the preamble beim-, proposed,
Mr. G 0 ULB URN objected to it, on the ground of its free-
ing persons found guilty of setting fire to dockyards, arsenals,
and military stores from convictions which would render them
liable to capital punishments.
The House divided, when there appeared for the preamble,
Ayes
Noes

CROWN-OFFICE, MAT 19, 1837.

Msjirity -62
On our return to the gallery we found
Mr. SHAW insisting that, if the measure was to be ex-
tended to Ireland it 'would be necessary in the first place to
repeal all the existing statutes.
Mr. G 0 ULB URN, in reference to the law relating to pu-
nishment for offences against the person, observed, that by the
present Bill offences of this nature committed against persons
in the navy or army, or other public service, were only punish-
able by transportation for life.
Lord JOHN RUSSELL bad made provision against this
objection, and, as the Bills were much mixed up with each
other, would take care to meet it.
The House resumed, and the Report was brought up.
OFFENCES AGAINST THE PERSON.
On the motion of Lord J. RUSSELL, this Bill was read
a first and second time, and committed.
Mr. GO ULBURN objected to two of the earlier clauses as
being discrepant. One of the clauses made it felony to admi-
nister poison, to attempt to drown, or to strangle ; whilst in
another shooting at only subjected the guilty person to trans-
portation. He could not see on what grounds, or upon what
principle, such a distinction could be made.
The ATTORNEY-GENERAL said that the difference
depended upon the actual injury done. In the one case bodily
harm was inflicted, and in the other it was not, which in his
opinion made a marked distinction.
Mr. G 0 ULB URN could not see the distinction ; it might
be the obtuseness of his understanding, or the imperfect ex-
planation of. the Attorney-General, but he thought there was
no difference.

Lord J. RUSSELL said that the clauses were drawn under
the sanction of the Common Law Commissioners.
Mr. M'LEAN thought that the two principles ought to be
more decidedly defined.
The SOLICITOR-GENERAL concurred in the opinion
that the crime depended upon the injury inflicted.
Mr. F. S HAW thought that the animus to commit murder
was the offence, and which each of the clauses expressed, using
the words with the " intent to commit murder."
After some further conversation,
The ATTORNEY-GENERAL proposed that the words
" thereby doing some grievous bodily harm" should be inserted,
and thought that such an alteration would obviate the objec
tions that had been raised.
Sir ROBERT PEEL thought that it was better that the
attempt should be placed on the same footing as the crime, if
committed, and that it should then be left to the discretion of
the Judge or of his Majesty, as to carrying the sentence of the
law into execution.
Various verbal amendments were suggested by Hon. Mem-
bers on both sides of the House, having for their object to
classify with more distinctness, and more at length, the
offences against the person contemplated in clauses 2 and 3.
None of these suggestions appearing fully satisfactory to the
Committee, it was agreed that the clauses should be postponed
for the present.
The House resumed, the Chairman reported progress, and
asked leave to sit again on Monday.
The Orders of the Day were then disposed of, and the
House adjourned at One o'Clock.

MR. WASHINGTON IRVING'S NEW WORK
" ADVENTURES OF CAPTAIN BONNEVILLE.—One of the most
curious and intensely interesting books we ever read. For
wild adventure, daring enterprize, descriptions of remote and
hitherto untrodden regions, and singular developement of
human character, under unprecedented circumstances, and in
the face of imminent perils by land and flood, the present work
has scarcely any parallel. We are in one part presented with
sketches of the dauntless trappers of the " Far West," either
exploring the solitude of primeval forests, or toiling up preci-
pitous and giant cliffs, or tracing the shores of vast and mighty
rivers, or encamped on the boundless prairies, enjoying the
mid-night carouse, and startling the awful silence with their
rough merriment ; and, in another, with pictures of strange
rribes of savages, dogging the trail of the travellers, or burst-
ing on them with their frantic war-cries, or else torturing the
captives at the sacrificial fire. Captain Bonneville's adven-
tures form, indeed, a terrible romance of real life, and the
more absorbing from the absolute newness of the subject, and
the magnificent accessories by which it is surrounded.—Age.
MISS PARDOE'S TRAVELS TO CONSTANTINOPLE.
—The public seem to be looking with considerable interest to the
appearance of Miss Pardoe's work on Constantinople. By all
accounts it is one which must not be classed among the every
day books of the season. It contains, we are informed, not
merely striking points of national manners, but also bold and
graphic sketches of powerful and influential individuals ; not
only graceful and feminine delineations of Eastern beauty, but
also vigorous and startling deductions, the results of shrewd
observation and clear judgment. Miss Pardoe, we are as-
sured, left no point of interest untouched. Accompanied by
her father, she visited alike mosques and mad-houses, palaces
and prisons; and during her sojourn in the " City of the
Seven Hills," incurred risks, through which nothing but a
strong mind and an enthusiastic nature could have supported
her.

CAPTAIN ALEXANDER'S NEW WORK.--We are
requested to state that Mr. Colburn, of Great Marlborough-
street, bas this day published Captain Alexander's Narrative
of a Voyage of Observation among the Colonies of Western
Africa, in the flag-ship Thalia : and of a Campaign in Kaf-
firland in 1836. In two volumes, Bvo., illustrated with maps
and numerous plates, by Major C. C. Michell, K. H., Sur-
veyor-General andtl Civil Engineer, Cape of Good Hope.
Agents :—For Scoand, Messrs. Bell and Bradfute, Edin-
burgh ; for Ireland, Mr. John Cumming, Dublin.
MR. DISRAELI'S " VENETIA.”--That " Vene-
tia" will be identified as a noble lady, celebrated from the mo-
ment of her birth by the most illustrious bard of modern times,
there can be no doubt. All the other characters in this extra-
ordinary, and it must be confessed, scarcely justifiable ivork,
are equally historical. The dead and the living are delineated
with similar skill and success, but whether all are fair subjects
for the pen of the novelist, is a question which will be doubt-
less agitated in every circle.

FROM LAST NIGHT'S GAZETTE.

MEMBERS RETURNED TO SERVE IN THIS PRESENT PARLIAMENT.
TOWN AND PORT OF HYTHE.—William Hugh Elliot, Com-
monly called Viscount Melgund, in the room of Stewart Marjori-
hanks, Esq., who has accepted the Chiltern Hundreds.
BOROUGH 07 BRIDGEWATER.—Henry Broadwood, Esq., in
the room of John Temple Leader. Esq., who has accepted the
Chiltern Hundreds.

WAR-OFFICE, MAT 19.
3d Regiment of Light Dragoons—Lieutenant-Colonel J. Thack-
well, from the half-pay Unattached, to be Lieutenant-Colonel,
vice C. Stisted, who exchanges, receiving the difference ; Captain
H. Bond, from the 11th Light Dragoons, to be Captain, vice
Levett, who exchanges, May 19.
11th Regiment of Light Dragoons—Captain T. Levett, from the
3d Light Dragoons, to be Captain, vice Bond, who exchanges,
May 19.
_ _ . _

12th Regiment of Foot—Ensign J. F. Kempt, from the 32d
Regiment of Foot, to be Lieutenant, without purchase, vice West,
deceased, May 19.
32d Foot—Ensign T. Robyns, from the 55th Regiment of Foot,
to be Ensign, vice Trench, who exchanges, May 19 ; Gentleman
Cadet E. W. D. Lowe, from the Royal Military College, to be
Ensign, without purchase, vice Kempt, promoted in the 12th Re-
giment of Foot, May 20.
48th Foot—Captain E. Duncan, from the half-pay Unattached,
to be Captain, vice Charles Campbell, who exchanges, receiving
the difference, May 19.
55th Foot—Ensign W. Le Poer Trench, from the 32d Regiment
of Foot, to be Ensign, vice Robyns, who exchanges, May 19.
99th Foot—Lieut. W. F. We. ster, on the half-pay of the 2d
Ceylon Regiment, to be Paymaster, vice Hartley, appointed to
the 18th Regiment of Foot, May 19.
UNATTACHED. •
Lieut. L. M'Pherson, from the 74th Regiment of Foot, to be
Captain, without purchase, May 19.
BREVET.
Col. A. Lloyd, on the half-pay of the 97th Regiment of Foot to
be Major-General in the Army ; Lieut.-Col. J. Thackwell of the
3d Light Dragoons, to be Colonel in the Army; Capt. E. Dun-
can of the 48th Regiment of Foot to be Major in the Army,
Jan. 10.

DECLARATION OF INSOLVENCY.
WILLIAM, HAM, livery-stable-keeper, Upper North-place;
Gray's Inn-road.

THE SUN, LONDON, SATURDAY, MAY 20, 1837.