The Sun.
London, England, 1831-09-07 00:00:00

REFORM BILL.

Lord ALTHORP, in moving the Order of the Day fur
the House resolving itself into a Committee on the Re-
form Bill, expressed a hope that they would let the Bill
get through the Committee that evening, even though it
should lead them to sit to a later hour than usual.
Sir E. SUGDEN said that he had no wish to prevent
the Noble Lord from accomplishing his wish to get this
Bill through before the Coronation ; at the same time he
must object to tt eir sitting much beyond their usual hour.
Lord G. SOMERSET could not accede to the propo-
sition of the Noble Lord. He had himself a clause to pro-
pose as soon as the Committee got through the present
clauses of the Bill ; but he could not think of bringing for-
ward twat clause at half-past one or two o'clock in the
morning.
Mr. WILKS bad given notice of his intention to in-

corporate into this Bill a clause, enacting that
ments should not have more than a biennial duration.
Now, as the present Bill was only a local Bill, being for
the reform of the representation in England and Wales
merely, and as the two other Reform Bills were also local
Bills for Scotland and Ireland respectively, he was of
opinion that a clause of a general description could not
properly be introduced into any one of them. 'Though he
was more and more convinced of the necessity of making
Parliaments trienni be was now of opinion that a sepa-
rate Bill would be the hest mode of effecting that object
He should therefore not introduce the clause of which he
had given notice. At the same time he begged leave to
state, that in the next Session of Parliament he would
tnove for leave to bring in a Bill to prevent the continuance
of any Parliament for more than three years.
Sir E. SUGDEN was glad something at least would le
left for a new Parliament to do.—(Hear, and a laugh.)
The House then went into Committee.

The 45th clause, by whirl► counties are to be divided
into districts for polling by Justices in Sessions, was then
earn- d, after some slight verbal amendments.
On the proposal of the 46th clause, which relates to the
erection of booths at the polling places,
Sir E. SEJGDEN expressed his former opinion, that it
would be impossible to carry the machinery of this clause
into operation.
Mr. HUGHES HUGHES said there was good reason
why the booths should be provided by the county, and paid
for at the county expense. That expense would be very
trifling, if they could be made so as to be put up and taken
down at every election. They might also be used for
other county purposes.
After a few words fiotn Mr. C. PELHAM, the clause
was agreed to.
The 47th clause was then put, which makes provision
as to the Sheriff's Deputies, the custody of the poll-books,
and the final declaration of the Kill.

Mr. HOULDSWORTH and Sir C. WETHERELL both con-
tended that this clause would amount to a perpetual ob-
struction to all free elections in counties for the future.

Lord ALTHORP defended the clause, and pointed out
the futility of such objections.
The clause was then agreed to.
Tt e 48th clause, relative to the commencement and
the continuance of polls at borough elections, was next
read, and several verbal amendments were proposed and
agreed to.

On the part of the clause which provides that the
polling " shall continue for twn days only, that is to say,
for seven hours on the first day of polling, and for eight
hours on the second day,"
Mr. C. FERGUSSON objected, that seven hours were
too short a time to enable the contesting parties to arrive
at a satisfactory conclusion.
Lord ALTRORP replied that this number of hours
had been appoin ed in order to prevent the polls being
kept open et unseasonable and inconvenient hours in
winter, when nightfall would necessarily interfere with
the progress of business.

Sir E. SUGDEN proposed, that " seven hours at least
on the first day" should be inserted ; and the Hon. and
Learned Gentleman's suggestion, after some conversation,
was ultimately agreed to.
Some other verbal amendments were then agreed to,
after which the question " that the clause as amended do
stand part of the Bill," was put and carried.
The 49th clause—regulating the polling for boroughs
in England and Wales at several booths, so that no more
than 600 should vote at one compartment in a booth, and
providing that if the booths are in different places, a
deputy of the returning officer to preside at each place—
was next put.

Colonel SIBTHORPE objected to the clause, as sepa-
rating the candidate from the electors.

Mr. HUNT complained that sufficient notice would not
be given to the electors of the compartments in which they
were to vote.

Lord ALTHORP thought that the clause as amended
would l'esufficii•ntly explicit in that respect.
Sir C. WETHERELL thought the clause would b. ut-
terly impracticable. In a large and populous town, Man-
chester for instance, where there from 30,000 to 40,000
voters, it would be impossible for the returning officer so
to divide the place into compartments of 600 voters each,
so as to close the election in two days.
Mr. STANLEY observed, that the Hon. and Learned
Member did not seem to he aware that this itnpractable
plan had been already in operation during two elections.
A Bill was introduced by the Hon. Member for Worcester,
and had passed, empowering the returning officer to divide
large towns. into compartments, with 600 voters in each,
and under this arrangement the last two general elections
were conducted.

Sir E. SUGDEN said his Hon. and Learned Pi fend
was perfectly aware of the Act in question, but it was ap-
plicable to a state of things wholly different front that
which would exist under this Bill. By this Bill the polling
would last only two days, though the number of constitu-
ents would he greatly increased.
Sir C. WETHERELL took the same line of argument
in defending his objection.
Mr. HUNT was of opinion that the classing of parishes
in different booths would tend to confuse the electors, who
would not know where they should go to vote.
Mr. WILKS thought that in small boroughs the division
of booths was unnecessary and inconvenient.
Mr. STRICKLAND suggested, as a means of saving
expense, that instead of enacting that the returning officer
at the final close of the poll shall keep the poll-books un-
opened till the following day, and then declare the state of
the poll, it should be " as soon as conveniently may be."
Lord ALTHORP adopted the suggestion of the Hon.
Member, so far as to add at the end of the clause the words
" provided always that the returning officer shall declare
the final state of the poll, and make his return, immediately
after the poll is finished."
Mr. WILKS suggested, that instead of 600 el,ctors
polling in one compartment, the number limited should be
1,000.
The reply of Lord ALTHORP could not he heard. The
amendment was not adopted.
Mr. R. GORDON proposed the following addition to
the clause :—" Provided always that no nomination or
election of a Member to serve in Parliament shall be held
in anv church or chapel or other place of public worship."
Sir E. SUGDEN supported the amendment.
Mr. CROKER concurred in the proposition, though
he thought it unnecessary, as the practice was even now
illegal.
Mr. W. PEEL also supported the amendment, which
was agreed to.
The clause as amended, it was then agreed should stand
part of the Bill.
On the question being put on clause 50,—
Mr. HUGHES HUGHES moved as an amendment,
in the first part of the clause, that " all booths to be built
fUr the convenience of taking palls shall be erected by the
sheriff or other returning officer, at the expence of the
county, city, town, or borough, requiring the same ; and
the same shall remain the property of such county, city,
town, or borough." Os object in this was to diminish
the expence of elections, which was the professed object of
the Bill.

Sir E. SUGDEN would support the amendment, if it
was proposed to offer a pretniton to strangers obtruding
themselves as candidates where they were not known, and
breaking in upon men of property.
Lord ALTIIORP oliserved,that if this proposition were
adopted, it would he necessary to empower the counties,
cities, towns, and boroughs, to raise a tax to defray the
expense of booths. He thought it not unreasonable to lay
the expense on candidates.
Mr. CROKER remarked, that it was a most extraor-
dinary proposal that the booths should he the property of
the returning officers. lie supposed that this was what
the lion. Member would call a mare's nest.--(Oh, oh.)

After a few remarks from Mr. CRESSET PELI4A3I, Capt.
SPENCER, and Lord J. RUSSELL, . .

- _
Mr. HUG II ES withdrew his amendment, and the clause
was then agreed to.

Clauses 51 and 52 were agreed to without remark.
On the question tieieg. put on clause 53,
Lard G. SOMERSET intimated that it was his inten-
don to move that a new district of boroughs be formed in
the county of Monmouth, for the purpose of sending one
Member to Parliament.

Lord J. RUSSELL suggested that this was not the
proper moment for this amendment. The Noble Lord
could bring it forward at a future stage, and if it were
adopted, the clause should be altered accordingly.
Lord G. SOMERSET said, he shanld be prepared to d
so to-morrow.
Mr. L. KNIGHT recommended a provision that each
voter in a contributory borough should be entitled to vote
in that borough alone.
Lord Atm-tone's remark in reply could not be heard.
The clause, as a.tended, was then carried.
Clause 54 was carried without any comment or op-
position.
On the CHAIRMAN putting clause 55,

The ATTORNEY•GENERAL objected to including
the barrister with the sheriff and other officers, who, by
the clause, were rendered liable to actions for damages fin•
wilfully contravening the provisiiins of the Act.
Lord ALTHORP was inclined to concur with his Hon.
and Learned Friend, as the barrister had no positive duty
to perform but that of giving judgment, sad for which, if

. .„._
h\.is j
4 .......a.
udgtnent were corrupt, he was lialde to proceedings
1 under other statutes.

Lord J. RUSSELL supported the clause, and contended
that the barrister had positive duties to perform.
After an interlocutory discussion between Mr.
Mr. J. Campbell, Mr. Knight, Mr. Hunt, ant the
Attorney-General,
Lord ALTHORP proposed that the (hue should be
passed, with an understanding that it might itceive some
modification, should the House thitk proper, when it was
moved to bring up the report.
The clause was then put and carried, and the two
blanks left for the insertion of the maximum of damages
were filled up each with 500/.
Clause 56 was then put and carried neva. cow.

Clause 57 was then put, and it teas ptopoSed to insert
the sum of 10/. in the blank left fur the maximum of
fine upon any person voting at an election by means of
frAtdulently assuming the name of any rightful elector.
Mr. C. PELHAM trusted that the clause did not su-
persede the former penalties for such a trzknsgression.—
(Cries of " No, no.")
Mm. WILKS thought the fine by fat. to ttnall. He
should propose the stun of 511 t.
Mr. HUNT wool" vote fur even 25/., but certainly he
thought the fine otts:ht to be much greater than 10/.
Colonel SIBTHORPE thought 50/. a proper amount
of fine.

Lord ALTHORP wished to state, that in addition to the
fine the offender would be deprived of his franchise for lite.
Mr. H. HUGHES suggested that t a.rs might occur in
which the offender might not have any franchise to lose.
Mr. WILIZS's proposition was then adopted without any
division, and the blank was filled up with the words
" fifty pounds."
Clause 58 was put, and carried nem con.
Clause 59 was likewise carried vent con.
The CHAIRMAN then put the question, "That clause 60
(the last clause) do stand part of Bill."
. . . _

A simultaneous cheer burst from the Ministerial
Benches, which were very full. It was spiritedly t•e-echoed
from the Opposition Benches, which were very empty.
Lord AL CHO RP rote mid firmed to the opposite Mem -
I ers.—(Cheers.).
Colonel SIBTIIORPE rose with violent agita,ion, and
declared that he had opposed the Bill fairly and fearlessly.
His side of the House was cheered by the supporters of
Ministers, as if they had got through their labours. He
could tell them that their labours were only commenced.
—(A laugh.) He did not understand being treated with
contempt.—(Continued laughter.) He would tell those
who laughed at him, either in the House or out of the
House, that he would support his opinions and vindicate
himself to the last hour he had to breathe.—(Laughter, and
cries of hear, hear.) He regretted that the Bill had passed
so soon.—(Bursts of laughter.) The Bill had passed too
speedily.—(Laughter.) If his opponents were tired, lie
would not give up.—(Laughter.) He would never give
in.—(Laughter.) He wits never put down in the House,
and never would be. Ht. was never put down out of t.e
House, and he defied the Hon. Member opposite, who was
laughing at him, to put him down.—(Laughter.) [We
could not exactly catch the particular Member to who n
the Hon. and Gallant Colonel alluded, the laughter ap-
peared to us to be general.' He defied the Hon. Member
to do it. The Hon. Member hid supported the Bill con-
scientiously, and why did he not suppose that he (Colonel
Sibthorpe) had opposed the Bill with equal conscience ?
(Cries of question, question, from all parts of tlie House.
Colonel Sibthorpe with great vehemence)—He praye I to
God that the Bill might nut pas,—(Cries of " Oh,
oh," and " question, question.") If the Bill did pass,
which he prayed to God might never be the case, all he
had to say was, in the words of that great—that sublime
statesman, now admired, and who, he fervently trusted,
would have his memory fur ever preserved in that House.
—" Oh, save my country, may God have mercy on it !
May God protect it from revolutions, and may he preserve
in it all proper respect for the aristocracy--all proper
respect for the"—(The Hon. Member was so interrupted
with laughter, that we were unable to catch the objects for
which lie invoked resp-ct.) He felt confide;,t that the Bill
would not pass—such a Bill never could pass.
The CHAIRMAN here interrupted the Hon. and Gal-
lant Member, by begging him only to give hitn permission
to state simply what was the question before the Com-
mittee. It was, that after the words "be it enactea" the
word " Treasury" &e. be inserted.—(Bursts of laughter.)
The Gallant Colonel then sat down.

The clause was put, and upon the CHAIRMAN saying
" As many as are of this opinion, say aye," the House,
resounded with cheers. "As many as are of the contrary
opinion, say no."' One or two voices feebly uttered "No."
" I think the ayes have it."—(Loud laughter, succeeded
by cheers.)
The Bill was tlen passed the Committee.

Two other clauses were then proposed by Lord AL-
THORP, the one enacting that the list of voters should be
printed and sold at a cheap rate in every district ; the
other, that the Justices of the Peace in the neighbourhood
of Shoreham and Cricklade should have the power of di-
viding those places into convenient districts, so as that
the poll should be conveniently taken.
Both clauses were agreed to after some desultory con-
versation.

Lord ALTHORP said, there now remained one clause
to be disposed of—(Hear, hear)—he alluded to the money
clause, which related to the payment of barristers. He
could not bring that chose before the Committee until to-
morrow. He should, therefore, move that the Chairman
do report progress, and ask leave to sit again to-morrow
and he very sincerely trusted that it would be the last time
when he should be called upon to make any similar motion.
—(Much cheering.)
The House then resumed, the CHAIRMAN reported
progress, and obtained leave to sit aga;n to-morrow (this
day). _ _

The other orders of the day having been disposed of,
the Howe adjourned at Two o'clock.

HOUSE OF LORDS, SEPTEMBER 6.

The Royal Assent was given to the Duchess of Kent's
Annuity Bill, the Candle Duties Repeal Bill, the Bir-
mingham Poor Bill, Lefevre's and Taunton's Divorce Bills,
and an Act to transfer the duties frog► the Receiver-Ge-
neral of Taxes to the tax-collector.

The Assent was given by Commission, the Commis-
sioners were the LORD CHANCELLOR, the Duke of Bien-
MONO, and the Rol of SHAFTESBURY.
The Bishop of LONDON presented a petition fr4,tri
Manchester and Salford against the Beer Bill.
The REV. PRELATE also presented other two petitions
from places in Gloucestershire, to the same eff et.
The Bishop of BATH and WELLS presented a petition
against the Beer Bill.
Lord MELBOURNE moved the further consideration
of the report on the Beer Act Amendment Bill. Fe
begged tocall the attention of their Lordships to ti e
subject of the time of shutting up the beer-house.
In his opinion, the best regulation that could be
made with respect to the beer-houses would he to go
back to the 3d George IV., which compelled public-
houses to be shut At reasonable hours, and not to be opened
before a reasonable hour.

The Duke of WELLINGTON thou;ht that the Beer
Bill would not give the Magistrates the power which
the Noble Lord anticipated, and he thought it would be
better that both public and beer houses should be put on
the same footing.
After a short conversation between the Earl of Iran-
ROWBY, the Marquis of SALISBURY, and the Earl of
SuIFOLK,

The Bishop of BATH and WELLS was aware that
a great many of the Magistrates were of opinion
that they had the power of interfering with the beer-
shor, and hoped some clause would be introduced giving
them such power.

Lord TENTERDEN expressed a similar opinion, arid
hoped that an express enactment would be in
giving the power to all Magistrates to say what
would be reasonable hours to govern those shops.
PETITION ,f the GRAND JURORS of MIDDLESEX
RELATIVE TO CAPITAL PUNISHMENT.

The Duke of SUSSEX rose, pursuant to notice, to
present to the House a petition on one of the most impor-
tant subjects that could come under their Lordships' con-
sideration ; and were it not that he was aware that he
would he assisted by several of their Lordships, as well as
by the Government, and particularly by his Noble and
Learned Friend on the Woolsack, who had presented a
petition to much the same eff, et to the House of Commons
in the course of the last year, he should almost sink under
a sense of his own inadequacy to do justice to the cause of
the petitioners. The petitioners prayed that their Lord-
ships would take under their consideratian the present state
of the criminal law of this country, with a view to its
revision and amendment ; and to disconnect the punish-
ment of death from crimes affecting merely the rights of
property, but unaccompanied with violence and bloodshed.
The petition was signed by no less than 1,100 individuals,
who were all liable to set ve as Grand Jurors for the
county of Middlesex, and seven of whom had actually
served as foremen in that capacity. Many of these were
merchants and people of large property; and of 91
of them the property amounted to no less than twenty
millions sterling ; so that their Lordships might be assured
that they were people of respectability and consequence.
The petitioners stated that their own private feelings
of humanity had at various times bad a struggle

with thetwelve., lest by finding persons gal
should be accessory to a judicial murder; o°loo
this feeling somettmes induced Jurors and - at!eo
give whet was vulgarly called a slip to the lavr,,i,,air
criminals from this cause often escaped the
►hat)oo, of
Lice. He had heard that many (A* the ret.r:iiic.ello
suffered severely from the crime of forgery, and
felt theliPeelves compelled to refrain from prosecutigio
that they had not only refrained from, prosicutiatii
had actually themselves assisted the 'climinAls W
the vigilance of the law, and to leave the cout!try•4fl
not his intention at present it') enter upon a long
particulars'. He tneatit ic;prOp'os,l th:kt the IV
shoilld be read, aril that iiVieoUid remain on their
t.hipsi table ; and, having done so, he would leadt
subject in their Lordships' hands, trusting with
dence that their Lordships would pay a due re4alll sb'll
prayer of the petition, and take this important Os
into their most serious consideration. He
great confidence that the Subject woUla tie taken "Fiii
the present GovernMent, for it was most fitting t
rof
shoeild be taken up by Government, by whom a Pni
and efficient measure would he most likely to be rero
and pas,etl. He had great confidence in his Nohleo
Learned Friend on the Woolsack, who had- h_, 0

presented a similar petition to the Cott:mon,"
he had also great confideUae ISrdble
head of the AilinihislrAtion; land in the other Noble,,i
P
who composed the Giivernmen., and fully ci,
that they would pay proper attention to the 51"
He was anxious that the matter should be 01°,11.
by Government, rather than by any privateo
divi.lual, as the Government was the most

to act with the proper prudence and caution; 81"
as the best effect. He was not prepared to say, tali
punishment of dedth ought to he entirely tioile 10101.

yet, when he saw the N—t.it4 or our own law on the eu

and that, as Sir W Blackstone had stated, there r
one hundred and sixty Acts of Parliament demand 4
punishment of death, he could not help being ast°u°
In some cases the punishment of death might 1e...A.
sary, but at the same time he could not help wool'
that the certainty of punishment would be much
efficient that its severity; and that in many case',
punishments, such as imprisonment, might be subs
with advantage for that of death, and then some ,
might be adopted for the reformation of the crinajoek '
this could be done with advantage, then it must bl-
and prndent that it should be done: and now, tybe,!,
professed to act on the principles of civil and
liberty, it was high time that something should be
that matter. He would only further add, that this
most powerful p tiiion, and remarkably well calcll!tri
drew attention to the suhj ct. It was signed bY
persons only, and the reason was, that the signi!e:bi,
none were admittei except of those who were
serve on Grand Juries. Had it not been for that
stt
stance, it would have been signed by many thousandtt
and particularly by the people called Quakers, Pr-to 4
whom hid signed this petition, hut who were resaloottl
man to come forward. This was not the time to
into the merits of the subject; he would therefore. $!
leave the petition in the hands of their Lordships/ "!
that his Noble Friend at the held of the Administri
and the rest of the Members of the Government 7'h
take the subject into their consideration. When the P to,
time came, he would state more at large his opinion fir'
subject, and support, with all his power, any proper
sure that Government might think fit to propose, nit
view to carry into effect the object of the petitioner,•
was not a novel subject with him, for he had freqn,
and deeply considered it, although, not having bell of
any petition of this kind entrusted to him, he I'S je
troubled their Lordship with a statement of his opi°
IJ
He, however, felt a great pride in the confidence tbetell
been reposed in him by the present petitioners, altho°,,o4
should refrain from saying anything further on the
at prt amt., lest he should overcharge it. He wont', of
ever, read to their Lordships a comparative statemeot
the number of persons committed far capital off°
late years in this country, as comp 'red with those
or,eo
nutted for capital offences in Franc:. In 1825, 1,036
committed in this country for capital offences; en,
France 134. In 1826, in this country, 1,203 vte!'
committed ; in France 150. In 1827, there were s°
mitttel in this country 1,529 ; in France 109. 11,1-
there were s) committed in this country 1,165 ; in
114; and in 1829. there were so committed 111.4
country 1,395 ; in France 89. He would now ri
himself to read the petition. His Royal Highness re
accordingly, and it was is follows :
Split
" TO THE RIGHT HONOURABLE THE LORDS
TUAL AND TEMPORAL OF THE UNITED 0,,1 1,
DoM OF GREAT BRITAIN AND IRELANO
PARLIAMENT ASSEMBLED.
" THE PETITION OF THE UNDERSIGNED OS
BITANT HOUSEHOLDERS OF THE CIS_„,
LONDON, LIABLE TO SERVE AS JUROnei
" Humbly Showeth,—That your petitioners view vitiosej
regret the excessive and indiscriminate severity of the
_l4
laws, which annex to offences of different degrees of rna"Lol.
the punishment of death, and confound the simple in7l
the rights of property with the most malignant and a
crimes against the person and life of man. OA/
" That the recent Acts, passed with the professed inte .„j
amend and improve the criminal laws, have not renfeltfi
evil of which an enlightened community have the great ta A
csoivniltiozactoiomnp, labi}i,ir,ebtauitnhinagvethsetiollpil,reoftbrtihoous:dliaznscatidoinsgorfabeceid
most sanguinary of any in Europe.
that
theTll at
lawswhichChristianity,
affect common
libertiesreason
,andansod thundeponlvicesY
of
should proportion the punishment to the offence, and Tr"
cruelty to the people, by examples of vindictive legitlatioay
" That where public opinion does not go along with tt1,14 C
the persons who suffer under them are regarded as the
of legi-lative tyranny or judicial caprice, and not as air
whose doom has been pronounced by the voice of divas° d
justice.
" That the criminals executed in this country are sell
of a far greater number sentenced to death, and where
tice condemns the law, the law ought to be altered, this,
nals might suffer the punishment of their guilt by the 11_,,0r
of defined statutes, and not by the uncertain and capriowl
.11
of judicial discretion.
" That in the present state of the law, Juries feel el,
reluctant to convict, when the penal consequences of the
excite a conscientious horror on their minds, lest the ,
performance of their duty as Jurors should make them
to judicial murder. Hence, in Courts of Justice, a maaldvi
cessary and painful struggle is occasioned by the conflict 4
feelings of a just humanity with the sense of the ohliga' ,0
an oath.
" That witnesses also are very frequently reluctant
evidence, as well as Juries to convict, lest they might
upon their consciences the stain of blood; and thus ccri
ood
who, under a more rational and considerate code of lavis•
meet the punishment due to their crimes, escape with
impunity.
)111
" That for these reasons, your petitioners humbly p-jr

I co? Right Honourable House to take the Criminal Laws .0:-
consideration, for the purpose of the revision and amen rj,
of the same, by drawii:g a distinction between the simPiltin;
sion of the rights of property and crimes of violence antict,
and by abolishing the penalty of Death in all cases in wl“, 10!m;
Legislative power cannot justify, in the eyes of God an. f
that last and dreadful alternative—the extermination °

offender.
" And your petitioners will ever pray, Scc.
" [Signed by the different Foremen respectively oVif
successive Old Bailey Grand Juries of 1830, 50L
wards of eleven hundred merchants, traders,
either have served, or are eligible to serve as Jurors,,
The LORD CHANCELLOR—The suhject wag 16
tainly of very great importance, and certainly well irtif
of the most profound consideration ; but none of „Ili
Lordships were called upon to express any opinion cloil
matter in the petition at present ; and he should
btd
hardly chtruded himself on their Lordships' attention'
it nut been that he hid been particularly and rerg',..etiol'
alluded to by his Royal Highness. Na one was at errp.
however, called on to give an opinion on this, certalt",/,
simple, but, on the contrary, very complicated and 1 till
rate pies ion. That it was one which deserved the opt
most degree of attention was undeniable. There wad bill
thing mentioned in the petition, however, which had of
ter, perhaps, have been mentioned in the other House',ll
anywhere else, than in their Lordships' House, which
the highest court of appeal not only in civil but in cr ye
nal causes. After long consideration and practical l
eOr
rience, he had certainly been led to conclude tha'e‘i
penal laws were capable of much amendment illrr;p?
of the severity of punishments. But when the peull,ip
called for the abolition of the punishment of de3t.0.0
regard to all crimes against property, if unattended P'
murder or personal violence, he felt himself called
declare that lie was not prepared to draw the line c,./:1?
in that manner ; for nothing, in his opinion, could '1
judicious than thus to class climes which might I,c
very different character under the value denornliaBoli'
Why was it that:it was held right to put a murderer to.detore,
Not, certainly, because it had been said in Scilia
" Whoso sheddeth man's blood, by man shall his bl°' r
It
shed." They had no right to put even a murder dill
death for any other reason than that it was expedi.cy
scoot
be should be put to death. They had no other rig,
warrant, either in reason or religion. The object of:
prevent others front committing the crime of rrillootli'
and as the comfortable existence of society depended
to
repression of that highest crane, it was ex client 01,
cure its repression by attaching to its commissio,„,c,
highest penalty. When a murder was committed, oldie'
great evil had happened, they had no right to „.0(141
another great evil on the community by putting the olid eta
to death, except that it was necessary that the sec° OK,
should be inflicted, because the good of society regordo;
that all means, even the severest, should he used '",001
to check the crime of murder. It was right, bee3l,--ecV
man could be safe unless the gravest offences were c obie,
by the gravest penalties. But there were other offences.
octet}
c)
although not of such great and direct injury CO sttiti,
minder, yet had a very strong tendency to the de":o4/.
and subversion of society ; and he was not peePib yp
say that in all casts of that description, even th°%oiolii
attended with violence and bloodshed, the highest Poo
meat ought to be dispensed with. They ought

R.

Built). 0
d
an
.1

h
nta
and
qf
.1116i:er3:;
and yet

!cotiog,
Is to o'
ntrl:
y.
4to
their
,
.
Id le:tre,,

)RDS SpT
[TED
ELAN'

NED 1.,
1E Clll
J15R016/4,
with
ew iptt
A' the cr,
of Inorzoi:;,.,.
plc oalocik*
and
reiocOnr,.
great to
lisg t,
m of being
policy
lives
and hot t
with the:ctie
as the
A as cri?opi
f dispao )

re selectefli
here the„rif.',
the 00`04
capricio,'
tf
feel cNtre;
; of the.° 011,
t the tig,
:Item acVr,
a most L'oitr
conflict .00.
Obligati
uctant t 01) Ip
y migh.to'e
thus cr'wo;io
laws,
with COw'
bly 103,'„
aws
d amen
'c simple ice,
nee and
_st) t!P
in
God and f
nation 0

judgethiigoafolhl:inatnhiitnygs; sfietirn,Ptit'npnu
ottheall srat;ciihial
feo,flira,,g7,uief
tehre was no other mode of preventing crimes which,
aao.t atten;led with iitamediate personal violence,
jczn.4',i'tile,:nnf a description to lead to the subversion of so-
ent, recourse must be had to the severest punish
He wished, therefore, to gu ird himself from b,ing
Loa
Brratood that murder was the only crime for ,which
ath
ought to Ihe inflicte 1,. There was no warrant in
fpsPura
, (°C. the notion that nattralerraa the orlyectuen.„
jaa'sasi,qatsa derail ought to be intlicte.l,
he asked the Noble Lord, who as,uniel to intimate
,at murder was, by Scripture, the only crime to
wr:ieh the punishment of death should he inflicted, to
Point out the place where it was prohibited in eases of
(41',r crimes. It was indeed said. " That wimps.) eheddeth
inar.'s blood, by man shall his blood be shed ;" but thtat was
anal not it prohibition ; if the kToble
i Wouid eXatuine the Levitican law, he would find that
bnetYnine crimes out of a hundred were made punish-
e'ebY death. So, in cases of arson, and of robbery with
reat violence, almost all men admitted that the punish-
°t of death ought to be intlicted., lle, therefore, was
preeare4 to draw the line so broadly as had he'
ilY(t,he netitne'rs, end he had guarded Idinself by a similar
itarition when he presented a petition to a certain ex-
nitturnilar to the present, in the other House. But the
toners had stated facts which were of great importance.
) stated that some of them had served as Foremen of
r Gra_ d Juries, and that all of them were liable to serve
as
an't Jurymen—that many of them were men cf great
iir,'PertY, and were engaged in commercial pursuits; Whi'sh,
Partitulat manner, exposed theili in severe losses from
ran,
11,5-n , •
and especially from forget)', which was obviously
au crime to which the petitioners more particulatly
It ur_dkli, and of which they were pri»cipally the victims.
ca certainly a most important fact, that these pers ins
nettle forward and told their Lordships that they could find
Tin_Peturity against that crime in capital punis.hanent
tee 7 said that they were extremeLy niuctaiit to pro-
-otute) but if they did hot prosecute, that. to be
zs tteir 'Oivn fault. But then they said that
a‘ w
titine~is`s could not be brought to give evidence,
,tonae,ritlithtetirors could not be brought to convict ; and
h
might put their case simply on the ground,
tri,td practically the present state of the law had been
itt ' and had failed of its effect. That was the most
a.ortarit part of the petition, although he was far fromit
uoervaluing their feelings of humarity, and had no doubt
4‘ that they were excellent men. But there was one part
ti,,thtir petition which, in his opinion, could not be sane-
by their Lordships. He, at least, could not under-
how honourable men serving on Juries could trifle
t ,th their oaths. The oath administered to the Jury in
true
deli
cases was, " You shall well and truly try, and a
k 5 deliverance make, between our Sovereign Lord the
14,4 and the prisoner at the bar, and a true verdict give,
th.„c4"ing to the evidence. So help you God." And yet
allPeared suddenly to forget their character of Jurors,
of to erect themselves into legislators. In this character
hatgivers, they not only made a new I iw for themselves
toi laPpeared to think that, in the face of their oath, they
alogxit i}ejustified in giving a verdict against the evidence.
kivrie:ny. honour able man could reconcile this to his con-
to d be could not conceive. The Jury had no more
° than say whether, in point of fact, the crime had
en committed ; and it was for the Judge to award the
Pht:Phune" ; and ha could award only that which the law
Prescribed. He could not comprehend how it was
Pn,sible fur them t reconcile it to their consciences to pro-
pu4nee a inan Not Guilty, when the weight
of evidence
asteP°nderated against him. As a lawyer, as a Judge, and
a legislator, he could see no grounds on which any man
th'f'uld rtconcile to hit conscience such a course of conduct.
it were a criine to inflict the punishmn of ath in
'thl4l' nasea, the crime was not that of thee Jturors,de but of
tete 1-eoslature—( Hear, hear)—and until the law was al-
ell, the former were hound to act by it.
tool44'd TENTERDEN uttered a few sentences in a low
Ze: We understood him to direct their Lordships' at-
,"n to the fact, that th
smalle number of persons punished
death bore a very proportion to those who were
convicted.
tFlle Duke of WELLINGTON said that the circum-
-nee of the small number of cases of capital punishment
15
ho foreign countries, as compared
with this, which he
t etstood to he alluded to in petition, was attribu-
to the establishment of a preventive police,—a system,
-wa,ever, which he did not advocate.
he Duke of SUSSEX expressed a hope that the sub-
:tdt to which the petition referred would be taken into con-
ea eptoa,tili
jobnieby hit Majesty's Government at as early a period
ota,L;hr`el SUFFIELD thought that the existing law re-
atrea
' revision and amendment.
P
was then ordered to lie on time table.
n id
CODERICH moved the third reading of the Ca-
Revenues Bill. The Noble Lord stated that the oh-
.' of the Bill was to place the revenues of the Canadas
'the disposal of the Legislative Assemblies. He, how-
", thought it most desirable that a fund should be set
b-Pant, beyond the controul of the Legislature, for the pur-
of providing for the salaries of the Governor, the
.:(ICes, and the Civil Government. To such an arrange-
4',"t the Assembly of Upper Canada was willing to ac-
L,"et and be believed that the Legislative Assembly of
a ;wet' Canada had no objections to it of so formidable a
I,:i.'nre as to render the prospect of their removal impro-
-11!e. He certainly should not be disposed to advise his
g ,JestY to give his assent to the present Bill, until the Ca.-
ian Assemblies agreed to provide, in the manner he had
Polot
the 'rated "net, for the expenses of the Civil Government and
administr :lion of justice.
t Earl BATHURST was of opinion that nothing could
he m ore im
proper than to leave Judges to be provided for
.t( an annual vote of the Legislature, but be thought that
Noble Lord, before introducing this measure, ought
fin It'li-r to have obtained the consent of the legislative as-
forl" of the Canadas to make a permanent provision
it, the Civil Government and the Judges, or should have
tu'etted in the Bill a provision to render it inoperative unless
el' an agreement was come to.
Canada
GODERICH said, that the assembly of Upper
1.4"411a had agreed to the proposition, and the astenibly of
so''er Canada were willing to accede to it, provided the
Tintrnent of the Judges made a permanent one.
agree e Duke of WELLINGTON said, that if this Bill was
I,eaii to, he did not see what was to prevent the Canadian
115-%atorea doing what they pleased with their revenue.
fyi therefore agreed with the Noble Earl that some quail-
? provision ought to be introduced into the Bill.
tiCrter a few words from Lord GODERICH in explanation,
was read a third time and passed.—Adjourned.

,rite qmaterials for the colossal statue of
r 4t t 1 o 4"E the Third have now all arrived front London,
t
the
workmen are busily employed in putting them
geth
nee The figure of the KING, and the head and
tv'ee le of the horse, were sent down the latter end of last
by th , and an estimate may be formed of their magnitude
og 4 e
0, fact of these parts alone weighing sixteen tons.
,111 thee Y persons have been attracted to the spot to view
The detached but gigantic portions of this noble work.
it( oil eNure lies extended on the ground, and as it is placed
lit' 114 t"e hack with the left arm up, being an equestrian
°ll d the it presents a rather ludicrous effect. On Wednes-
Vl/ knlYd the headless trunk of the horse arrived, in one truck,
0, ofthe portion of the pedestal in another. The body
horse, placed on its back, its enormous legs in the
NI; toid drawn by fourteen horses, was an object of great
Ole; evellueeitY as it slowly passed along the London ro id, and
vie.u, at Brentford hundreds of persons were collected to
natil
ithe sight. When nearly at the end of the journey,
oe,o Y--at the top of Snowhill—in passing over some
fif ef the new road, which was not quite set, the wheels
tiorij
,heavy machine sunk in, and it was not until addi-
ti tiorses were procured that it could be again set in
It- tr
Windsor Express.
p Loy ALL FOR LOVE," BUT NOT 44 CALF
;00 Tuesday night a woman, about fifty-five
tatitl'of age, was lying on the South-bridge in a state of
or" 4 phi'elatnsibility. On being carried to the Police-office,
tt,ltal Was found in her pocket libelled " laudanum," a
le 'iet q Y uontit of which deleterious liquid was immediately
tb~l Ina taet
h., e from her stomach by means of the " pump."
eteeCn't fifteen minutes she recovered her speech, and
...410edthat she had swallowed one shilling's worth, equal
lee; e"trl drops Great exertion was used to prevent her
tb 411
-' "Ping ; and about two o'clock in the morning she
ee
tee ,to a convulsion fit, and was apparently dying, when
:440 hath was applied, and some spirits injected into
rtr, /ibttrNell by the pump, which bad the desired effect.
P'l," confessed that her lover, a porter at the Tron
001 he
te:., had deserted her for another, and that she thought
et t2p,Pld not live without her angel man. But from the
;re, ttlist,:fierlee she bad had of dying, she now no longer
(''lcia;ol4 it, and promised to take no more laulanum.—
0i Chronicle.
Isb T, UR
`-'Eli OF MR. DAVID O'SIIA UGH-
-1,1 "4tO,:",:rIPPEILARY, Atro. 6.—With feelings of eh ep
roe Itsl have to inform you of the melancholy fate of Mr.
4 Us
HALGIINESSEY, surveyor of this town. He
ve ,f„tive,liedY Murdered about six o'clock yesterday evening,
IPb
boneskea and Dundrum, about six miles from
tih At,
, A 1, While in the act of valuing tithes for the Rev.
ANtslrnolic, of Clonkelly.

LITERATURE.

STANDARIi NOVELS.—No. VII.
LONDON, 1831.

The first volume of Miss Porter's favourite
romance of the " Scottish Chiefs," too well
known to require any detailed criticism, forms
the present tillmberof the Standard Novels. It
is preceded by an interesting introduction from
the pen of the fair authoress, in which she ac-
quaints us that her work had the honour of be-
ing proscribed by the express order ofNapoleon,
and relates an anecdote whlch occurred at the
time ivhi he Anil 110. tir6ther (the present
Sir Robert Ker Porter) were children, and re-
siding with their mother in Edinburgh. We ex-
tract this anecdote, for it is more romantic even
than the romance it4lf

" One evening, as myself and my brother, who tees
then a flaxen headed little fellow, dressed in kilt and tar
tans, were playing on the grass-plot just described, I saw
a strange gentleman enter the postern; and, while we
continued at our amusement, we ,ometitnes looked tip to
remark on lihn to each other; as he wal!ed to and fro in
the pith way kyond..therassi for he,.apv;ared very dif-
fehynt the iisbal,Crder htendemen sv had seen. lie
was a person of slight figure, dressed in faded 'mourning,
and with the extraordinary appendage to such a habit, of a
plaid scarf tied viand him in the military fa,hion. When
he drew near, we saw that ti e scarf was much discoloured
and torn. Ile held a rose in his hand, to which at times
he seemed earnestly talking. Sometimes he walked last,
sometimes slow ; bt,fi sthp waFt, feeble; a chit,' might
easily conclude, he must be either ill or old, or perhaps both.

. .
" After a while, he sat down on a bra ken bar of th-
wooden raring which had form, rly surrounded the grass-
plot ; he took off his hat, wiped his forehead with a hand-
kerchief, which he had taken from his bosom, after care-
fully placing his rose there. His hair *as of a silver
whiteness ; and it reiniladed ri'.e of My dear, kind grand-
father•, who had nbt hhen loiag dyad. My brother and I
threfv (Fawn th'e iowaris we had tleeti gathering, and ran
to him. Taking his hand, we asked him to go in with
us to our mother, who would be glad to see him, as we
were. I never shall forget that poor stranger's counte-
nance and manner when we spoke to hint thus, and hung
by his hand ; nor can I ever forget that hand, so small,
so white, and soft, ns I caressed it, in our beseecbings that
he would go in with us ; for We saw tears stealing doWn
his cheeks while, unantst-cring, he ga.ed upon tie. Our
young eye looked with adiiiiri!ig upon his face. its
skin seemed soft as his hand, and was fair even to lily
paleness, excepting where many small blue veins traversed
his delicately turned chin. In short, every feature of that
faded face had been moulded to beauty. The eyes, of a
then dimmed azure, were sweet and penetrating; his grey
hairs, or rather locks, of snow, hung scattered over them.
There were no wrinkles on his brew, or off hit cheek
but there was a marking—l ktiow hot what to call it—
that told, youth was fled ! Sorrow, too, had stamped its
chuacters. Children as we were, we knew its Cigna-
turT ; we had read it often on the brow nearest and
dearest to us.

" While we were still preferring our unavailing petitions,
our mother herself discerned us and our companion from
her parlour window, and, attracted by the extraordinary
appearance of the stranger, came out herself and approached
us. I met her eagerly) telling he:• of a poor gentleman's
fatigue and tears, and yet refusal to go in and rest with her.
She drew near, and bee persuasions were soon successful.
He rose languidly from the broken rail ; my brother offered
him his shoulder to lean on; he placed the little white
hand there, and was led into the house. Seated in our
parlour, while the refreshment my mother had ordered was
spreading before him, his eyes roamed amorad the apart-
ment, and fixed where my dear and lamented father's
sword hung, over a 1 irge military sketch of the two
armies' positions at the battle of Minden. When the ser-
vant left the room, my mother invited her guest to eat;
but his attention could not be withdrawn from the object
on which he looked. While he was gazing there my brother
and I were prattling the history we had often heard of
that battle ; and telling how otu• mamma could show him
some curious trophies of the victory, which had been found
it: a French Pi ince's tent, and given to our dear papa next
day. The stranger smi"ed mournfully upon us, stroking
' our heals ; then told my mother, with much agitation,
that he had been a soldier in his youth.
"' I, too, fought, and fell I" cried he. In the year
forty-five, I received a wound worse than death : I shall
never recover from it I' He put his hand to his head, and
looked so wildly, that our mother drew us instinctively
towards her. He too promptly understood her appre-
hension. Kind lady,' said Le, rising from his chair,
I told your• children I was unfit for any shelter but the
wide heavens : yet my wound harms na one but myself.'
He turned, and with a hurried step moved towards the
door. His eye was then dry, but our mother's over-
flowed : memory, as well as aity, was then busy in her
heart. You must not go, sir !' cried she. If I have
undesignedly given pain to the afflicted, my offence has
been my punishment ! Come back ! the calamities of war
have m ide me what you see me—a widow !!
"The poor gentleman turned, and looked on my mother
with a faint colour rising to his cheek; he bowed his head
too, with an air of reverence. His hand was pressed
close to his heart, and his lip quivered, yet he smiled. My
mother has often said, she ❑ever could forget the anguish
of that smile. I cannot go back,' he replied I ought
never to have come back anywhere. Si❑ should always
be an outcast.' Nay, sir,' answered my mother, the
followers of Prince Charles were unfortunate—might be
mistaken ; but their fidelity could not be a sin !'

' While she was speaking, he became very pale ; look-
ing to the door and to the windows, as if he did not know
from which to make his escape. Rather frightened, I
hastened to open the door; he hurried towards it ; then
turned his eyes on my mother, with an exprtssion of such
long-seated woe that it went to her soul. He stopped at
the door, and taking from out his waistcoat breast the rose
I had seen him hide there, he put it into my hand.
'f here,' said he, it is a white one ! Keep it near your
innocent heart ; and when you look at it, night and morn-
ing, pr ay for him that once owned it !' With a sigh that
seemed heaved from the very depth of his soul, he passed
through the open doorway. We heard his hasty steps
over the paved floor of the prssage, and then through the
porch of the house-door. The latter usually stood open ;
the closed g rtes of the square being sufficient guard against
intruders. My brother, with his kind little heart sympa-
thising With the shows of some distress he could not well
understand, hovered at a distance, and watched him out of
the square.
" ' Who can he be?' my mother said, as she dried her
eyes, and laid the rose he had given to me upon her table.
Enquiry amongst our neighbours could lead her to form
no guess ; but, some time afterwards, she was told by an
old woman who came to sell salt at the door, (such being
the regular venders of that article in Edinburgh, bringing
it about in large basket.; on their heads,) that a person
answering to the description our servant gale of the
stranger had been occasionally seen by hcr, wandering
along the fields towards the town of an tivening ; and that
she was sorry to say, an accident had happened to him by
which he was likely to die.

" Ira short, on one of those evenings, while crossing the
Canongate towards Holyrood House, his foot slipped on
a stone, and he tell ; at that instant a four-horse dreg_
cart, escaped froin its owner, drove furiously over him.
The fallen gentleman was taken up insensible, and con-
veyed; by some of the humane people, about, to the city
Mfirmary. One of the persons who assisted chanced to be
an old jacobite serjeant ; and he recognised the plaid scarf,
then covering the death-like he:, of the strauver, to be the
peculiar colours worn only by Prince Charles himself, when
in Scotland. The common Royal tartan of the Stuarts
was of a distinctly different pattern. Ile whispered his
observations to one of the hospital attendants, a friend of
his own ; and when the object of their joint particular in-
terest was taken into a ward, and consigned to surgical
care, it was discovered that not only a limb was fractured,
hut two ribs broken, and—that the sufferer was a woman!
" When she was told her dangerous state, and urged to
reveal her name, she wrote with pencil on a piece of paper,
1 have forfeited my name;—hut send to the manse of
: those are there who will come to lay in
a decent grave the last remains of an unhappy wanderer
from their Christian care. This handwriting will explain
to them who they are called upon to bury—and forget.'
" The paper was sealed and despatched. The next day
witnessed the arrival of a venerable Minister and his aged
sister. They acknowledged the sufferer to be their near
relation ; that for many years she had been visited with
occasional fits of mental distraction ; hut she had never
before strayed away from the deep seclusion in which,
during all that time, she had hiddin herself, until within
the preceding fortnight ; and then her alarmed friends
were ceaselessly making every inquiry, when their search
was so sadly terminated by the delivery of the note from
the Edinburgh infirmary.
" The old couple were conducted to the room of their
dying relative, now, perhaps by the loss of blood, restored
to her sanest state ; and the meeting, we were told, drew
tears from every body present. After many sufferings,

from the varied consequences of this terrible accident, she
died—with her pious kinsfolk praying over her. They
closed her eyes and the venerah'e old lady, after streeking
the fair, erna!iated corpse, wrapped it, brat in a linen
winding sheet, and then in ir'rine.: thati_es'r;. p!aii. It
was one he had worn himself; and ever since he had
!olded it, one stormy night at sea, round her he loved, it
had been the cheri,hed covering of her too faithful. though
penitent, and often distracted heart. Knowing this, the
Christi in !.and which spread it, there ,death, felt, that
‘v lie ho sail, wil; have end ?i%;I secri4ee and
whose redeeming goodness had sealed the pardon of so true r,
Al gdalen, would not count as sin this last act of sympathy
with the melancholy tenderne:s of a fond woman's heart.
The venerable Minister, with many tears, silently ac-
quiesced in what was done ; and, on the night of the day
n which their unhappy kinswoman was released. from
sorrow and sufferrin.4, they took her remains to their oWn
home, and buried them in the manse burial-ground :—so
slept Jeannie bar:ieroti;" ,