The Sun.
London, England, 1823-05-22 00:00:00

to move eminently useful to society. rle could neit"tifsvee with tu Ate said he did not allow the princi.plquicqu'W mutat peeeditr
Mr. Roscoe,' whose excellent book be had lately read, that se- inultuni, but that the extent of criminality, was palliated by
condary pithiShmems ought to be lenient ; tOr he thought that numbers, by not being principals, by youth, sex, intoxication,
severe secondary punishments would always prove useful. Fue levity, and wantonness. The Hon. and Learned Gent. (SirJ. M.)
ture Legislatures might be enabled to discover other means of asked, what foreigner would not be struck with wonder and boy,
punishment; but as all punishments ought to be in unison with ror at hearing the dispropqrtion between capital convictions and
human sympathy, be thought that the repeal of capital punish- executions in this country. If he did notmitteke, this very case
merit in the cases he had stated would be useful. The ancient was referred to by a foreigner, by Montesquieu. Speaking off
mode of 'passing senterfce, so awful as Rhea long been in Eng, the necessity of making some distinction between the same
land, had ceased, from repetition, to produce the eflect for which crime under different circumstances, he said that 'in China rob-
it had been designed. Even the fear of punishment had ceased bery was invariably punished with death. The consequence was
to affect the convict, for all calculated that there was a chance that robbery and aesassinatioe went together. In Muscovy rob-,
of escape. Two years ago a petition had been presented from bery, unattended with violence, was not punished with death,
Maidstone, stating that out of 43 persons sentenced to death, and therefore murder seldom accompanied robbery. The con.
not more than two had been ordered for execution. How strange sequences, he said, were the same in England as in Muscovy,
therefore must be a system of law, which required the Judges though the law differed, because the discretion left to the Exe-
to sentence forty-three persons to die, and yet to order that not cutive Power here had the same effect as a distinction made by
more then two of them should be executed. If the Resolutions law. The Hon. and Learned Gent. said that in cases of horse-
which he should propose should he agreed to, they would tot stealing, and similar offencee, the law was carried into execu-
pledge the House to support all the Bills which he ghoul() bring tion merely as the crime happened to be prevalent or not at a
in, but would leave it In the power of every Member of expe- certain time and place. Now he (Mr. P.) thought that 'such
rience and judgment to propose whatever he might consider precisely was the principle on which the punishment of death
either necessary or suitable. The next subject to which he should be inflicted. 'Why affix the punishment of death at all
would ask the attention of the House, was to the propriety of but as a means of deterring others from committing the same
repealing the disgraceful indignities inflicted on the bodies of crime ? The preyalence of a crime was a good ground for carry-
/suicides and traitors. His Hon. Friend the Membet for Nor- ing the lawinto execution. He would now come to those par-
wich had given notice of his intention to move for the re teal of denier meas.ires which he was prepared to originate. The first
those indignities in the former case ; and if that Hon. Member respected such alterations in the Criminal Law as would do away
did not persevere, he should feel it his duty to bring forward that capital punishments in certain cases. He preferred adopting
measure, to which he three years ago had Pledged himself, but the division made by the Committee of 1019. In their report
which circumstances connected with some political offences had they classed offences under four heads. The first division in.
rendered them ill suited to him. He should also propose the eluded such capital cases as the Committee thought might be
repeal (WA the confiscations in cases of suicide—a proceeding punished, as larcenies or misdemeanors. They amounted to
which he regarded as adapted to the state of civilization, and twelve, in flair of which capital puniehMent had already been
which, as well as the corruption of the blood, was repealed in done away with. lie proposed to remit it in the other eight,
Holland, Russia, Spain, I ranee, the New German States, and which were all'made capital by what was called the Black Act.
the United States of America. He did not intend to propose He thought it impossible that any one could argue that those
the repeal of the law of forfeiture in cases of High 'Lea- offences should be punished with death—thus were twelve out of
son, because he would not give cause for any reproach the 200 cases of which the first class consisted removed. The
arising front the feers which some would then entertain of second class differed from the first, 'because in it were included
that repeal's giving encouragement to treason. In the case crimes which the Committee had declared to merit the highest
of suicide there was a forfeiture of goods and chattels, punishment known to our laws, except death. In that class
and it' ever there was an unjust principle it was this, for the were no less than fifty-three of malignant and daring character.
punishment was inflicted on the innocent and not the guilty. The first had been already decided upon ; the second entered
The law stepped in reduce to beggary those who had already into the class of forgery ; the third was similarly circumstanced
lost the support of a parent ;it deprived them of all which a pa- with the first ; it related to the receiving of etolen goods; the
rent might have set apart for their future use. It was a sin- fourth was for maliciously killing and wounding cattle; to the
.gular circumstance, too, that the law in this case affeeted only first branch of which he wished to call the attention of the
' personal property, and left untouched the estates of the great House, it being an offence, the cruelty of .Which 'rendered It
landed proprietors. lie requested the attention of the House to deserving of being made capital. It was not, however, one of
the indignities offered to the dead. The feelings of human na. frequent commission, there having been only two executions
ture revolted from them.' For what reason was it that in exc.. for it in the course of sixteen years; it required also that malice
cutions for high treason the executioner wore a mask ? for what against the owners of the cattleethould be proved. He would
biii the' natural horror with which men viewed the circum. therefore concur in extending 'the alteration for that case. The
stances which attended them. In the only case which lately next crime was that of maliciously cutting down and tie-
occurred, he understood that no murmur proceeded from the stroying trees." for width 'only two. had been convicted within
crowd until the heads of the individuals who suffered were the sixteen years, aria one only of whom had been executed.
held up by the executioner. In cases of suicide, he doubted if He was centefft, therefore, that it also should be commuted
the law warranted the outrages practised on the body. There to transportation, admitting at the same time that should
was no mention of them in Hawkins, Sir M. Hale, Stanford, the crime become general, the Government should have the
Fitzherbert, or Bracton. They said nothing of the mode of in. power of applying to the Legislature to ;ender it capital. The
terment. It rested merely on the unsupported assertion of 6th and 7th regarded Bankruptcy, and had been already defined.
Blackstone. It might have been an obscure practice that grew The 11th, that of taming down the banks of rivers, he thought
by degrees into law, but the question was whether it should be should not be subject to a higher punishment than the cutting
permitted to exist. It' it operated as a punishment, why should down, of the banks of canals, as in nine cases out of' ten the in-
punishment be inflicted without trial, and how could there be jury done in the former was infinitely less than in the latter.
trial where there could be no defence ? The only cases in which The next was that of sending threatening letters. It appeared
this law was carried into effect were those of the poor and to him that the worst offence of that nature was not punished
humble. He did not mean to say that this arose from the with kilned) severity as the least. That one which watt punish-
partiality of Juries : it was occasioned by two circumstances; ed with death was infinitely less formidable than that punished
first, the greater ease with which evidence of insanity might only with transportation—the former requiring by an anony-
be procured, where the individuals belonged to the better mous letter a sum of money ; the latter signed with the writer's
classes ; and secondly, because suicide was rarely the crime name, threatening to accuse the individual to whom it is ad.
of the poor. It was the crime of those who indulged their dressed of Infamous or capital offence. The next was that of
imagination too much, or who in consequence of great dill., personating an outpensioner of Chelsea or Greenwich, which
appointments fell into fits of despondency: it was the rel 'he thought ought not to be punished with death, so fur as that
suit of wounded shame, occasioned by false pride. The effect crime should be unconnected with the guilt of forgery. The
of such a barbarous law was, that Juries were desirous to last was that of maliciously cutting serges—in . that case, also,
find grounds for not inflicting the punishment it provided.— was he anxious that the capital punishment should badone away;
Tho law of England was singular in this respect. No other, so that, in fact, out of those 15 cases of capital punishment, lie
he believed attempted to stretch its authority beyond the agreed with the lion. Gentleman in commuting 12. The only
bounds of life. Some were of opinion that public opinion was cases in the next branch were the three classes of larceny., That
not to be regarded upon a subject of this kind. Ile would not of stealing privately in shops; upon a navigable river; and the
here inquire into the value of public opinion generally, but stealing of marine stores : the crime of stealing privately in a
whatever might be its importance upon other subjects, here it dwelling-house was exclusive of these. In the course of the
could not be doubted. It was perfectly reasonable in questions 16 years to which he had referred, there had been 417 convictions
relative to Criminal Law to appeal to the feelings of mankind. for stealing privately in shops, and not one execution ;he there-
There was no other way of ascertaining the wisdom of such fore thought that here the capital punishment ought to be al.
laws. It was not declamation, it was human manta itself that tercel. The stealing of marine stores, are would also agree, ought
rose up against them when they provided punishments diepro- not to be punished with death. The ease of stealing on nevi-
portioned to the crime. His object was to make Penal Law the gable rivers was somewhat different; as for it there had beent in
representative of the public conscience, and consistent with the 16 years 61 convictions, and 5 executions • yet the stealing
moral sentiment—to array the feelings of all men against the of property on canals not being capital, he had no objection to
dangerous criminal—to-place hint in that moral solitude which the punishment in this case being commuted. With respect td
would set every goodman ageinst hint; to separate the punish- stealing privately in a dwellingebouse to the value of 40e.' he
ment, however, from any taint of cruelty that had the appear- was not prepared to say that the capital .punishment ought to
ance of hardness of heart.— ' (Hear hear !) be dispensed with—there were many grounds on which that
The Resolutions were. then put from the Chair, proposing the crime ought to be considered as differing from the other offences
remission of capital punishment in a variety of cases. of the same class. The entice ruin of a family might be effected;
Mr. Secretary PEEL said, he begged the House to call to the sanctity of a man's dwelling-house wasviolated ; and upon
mind what they were called upon to do. They were called that crime Judge Blackstone had spoken at considerable length,
upon to remit the punishment of death in a great variety of in which he said that amongst the Romans, as stated by Cicero,
eases, and to change the law of' high treason. He would it was deemed a crime of the greatest magnitude. For this crime,
submit to the House whether the propositions were not so in sixteen years, there had been 1435 convictions; and from the
important, as to make it necessary that they should have an number a executions that had been considered as imperiously
opportunity of' considering each in separate and distinct called for, the principal portion of which were servants for rob-
Bills. By affirming the resolutions now proposed, they would bing their masters, he was not inclined to 'omit in that case ca-
express an opinion lin the subject. Tine would not be the pita punishment. In the years 11119, 1820, and 11121, there
case it' they consented merely to the bringing in of Bills.— had been eleven executions for burglary its London and Middle-
By voting the Resolutions, they would pronounce an opinion sex, and nine executions for larceny. In the course of the lest
on high treason, and on the propriety of removing capital five years there had been 25 executions in England and Wales
punishments in cases of sheep stealing, horse stealing, and for larceny. Ile held in hit hand the particulars of these cases,
others not at all mentioned in the report of the Committee ap- and was sure if he were to refer to them that they would be found
pointed to inquire into the subject. No reference was made to be cases of exaggetated atrocity. 'So many cases had occurred
by the Committee to five out of nine of the Resolutions, on in which the property stolen was so considerable, that it would
which they were now called upon to express a distinct opinion. not be prudent militia a law declaring that tureen); should pot
Would it not place the Hoene in a most inconvenient situation be capitally punished: He thought too wide an inference had
it' they were now to affirm the Residutions, and afterwards been shown of the-indisposition of persons to prosecute, and of
find themselves obliged to reject the Bills that might be founded Juries to convict. Even the evidence of Mr. Shelton (Clerk
on them ? The course proposed was the most inconvenient that of the Arraigns) and of 'Sir Archibald AP Donald would not
could be pursued. lie was not covertly attempting to under. Mr.
bear out that inference. When before the Committee,
mine the proposition of the lion. and Learned Gentleman by a Shelton, in answer to the questions put to him, only said that
mere objection of fors He opposed his Resolutions last year prosecutors and jurors sought to reduce, in as many cases as
because he thought inconvenient then, and at all times that possible, the value of the property stolen below 40 shillings ;._
the House should enter into pledges as to what they should do in which he (Mr. Peel) thought might be owing to the want of
a future session. It might not be in tbeir. power, to redeem the proof that property to that amount had beets stolen at any one
pledge. lie (Mr. P.) was now prepared to redeem the pledge time. He would contend that so well were witnesses and jurors
he gave, and to say that it was fit to take into consideration the aware that capital puniehment would not follow conviction, un-
state of their criminal law with a view to its mitigation. lie less some extreme or aggravated circumstances
therefore conceded the principle : it was only in the. details that no reluctance to prosecute could be proved to have been
they differed. Early in this session he informed the lion. and evinced, lltherefore thought it would be should appear,
e
Learned Gentleman (Sir J. Mackintosh) that the subject had =ve • Ipunishment from this It followed then that
been under the serious consideration of' Government and that h captta
_,Gentleman. crime. .
he was prepared to explain the views His Majesty's Ministers AultatterdeedWith the
Hon. in 23 out of the '29 cases
vhim. 'Flue only case that remained to be con-
had taken of it. However, he was unwilling to take it out of 'd • t.. 4) b-
si ered wits that .of forgery. The Honourable Gentleman
the hands of the lion. and Learned Gentleman, as the Con ' that
1. argued, that he had the authority of that House for saying
mittee had been appointed in consequence of the ' ice lb " - - - Undoubted)

App. Vents. ••• motirni he
brought forward. He (Mr. Peel) expressed himself prepared
to originate measures, or to leave them to the Honourable and
Learned Gentleman. Having said thus much by way of pre-
face,- he would advert to one or two general observations made
by the Hon. and Learned. Gentleman. One'decided objection
he (Sir James Mackintosh) had to the present state of their
criminal law, was the disproportion between the instances in
whicli punishment was inflicted to those in which it was not.
If his object was that in every case the punishment provided
by law must be carried into execution, he feared it would be
impossible for him to succeed. Ile alloWed there were taws on
the Statute Book that required revision, but he could not con-
cur with those who objected to their Criminal Law on account
of the discretion it left to the Judyes and the Executive Go
vernment. It was utterly impossible to establish such a pro-
portion between the crime and the punishment as to take away
entirely the exercise of this discretion; In many cases which
the Hun. and Learned Gentleman did -not propose to touch,
Otero was as great a disproportion between the convictions
and the executions us in those for which he wished to provide
-remedy. From lllop to 1816, there were 65 'convictions for the
.crime of arson, and only 11 executions. This, 4 would not be
denied, was a most aggravated crime, and yet the executions
did not amount to half the convictions. lie woulittake the case
of Shooting, stabbing, and poisoning with intent to kill. In
116 years there were 139 convictions, - 4-init only in 59 of them
was the law carried into effect. The Executive Government
' was obliged to take into consideration various circumstances of
mitigation. In cases of burglary during the same period, the
disproportion was greater. The convictions were 2,494, the
executions 239. It in so aggravated a case as that of burglary,
the executions were only one in ten, it was a still stronger proof
that a very wide discretion must be left to the Execu•
tive Government. The necessity of titwli a discretion was
strongly called to his mind by a passage in one of the lately
published volumes of Mr. Burke's Works. It referred to the
convulsions of 1780. In a letter to Sir Grey Cooper, he there
I pressed a variety of circumstances as a ground for the extension
of mercy, and begged of hint to make a selection of 'cases.__
These convictions were for the riots which took place at chat
period. Mr. Burke did not think that the punishment of death
too great for the crime, but he said it should be extended to no
more than six of the persons convicted. The first ground of
mitigation he offered was, that the chief delinquents had escap-
ed. Secondly, that those who had been convicted were igno-,
tant of the law. Thirdly, remissness on the part of the Go..
vernment, and the impunity with which similar offences had
met with in Edinburgh. Fourthly, the conduct of the Lord
Major, who, he said, was an actual accomplice in the crime.
Which of these circumstances, he would ask could have been
previously mitigation? Mr
ontemplated by law as grounds of.

forgery ought not to lie punished with death. Y
when the increasing number of executions for the forging of
hank-notes proved that capital punishment did • not deter
from the commission of that crime, he was one of those who
thought such extreme of punishment might be commuted.—
`ln the year 1820 there had been one hundred and seventy-nine
convictions for forgery. In 1821 thirty-two convictions. In
1822 unlYll- So that in the diminished number of convictions
the enemies of the return to metallic currency had sonic coin.
pensation fol. the evils which they attributed to that measure. In
1820 there had been A 9 executions for forgery. In 1821 there had
been 14 executed. In 1822 only 4. This diminution convinced
him that much good had ariseli from the repeal. Of the 4 exe-
cutions in 1822, one of them was for a crime of peculiar atrocity
was that of a tritstee who had defrauded a whole family of.
their entire property and means of existence. 'The Hon. Gen-
tleman had brought forward, amongst his other cases, those of
horse-stealing, sheepAtealing, and cattle-stealing, to which also
lie had contended dud the punishment of death ought not to
be attached ; but These crimes not being noticed in the report
of the Committee, ought 'not to have been mentioned by the
Hon. Gentleman; and he truited, therefore, that the House
would refuse its support on that point to the Hon. Gentleman.
The subject of suicide he thought the lion. Gentleman should
1101 have mixed up with the others. Having troubled the
House at much length upon those subjects on which he differed
from the Hon. Gent., he turned with great satisfaction to
another point in which he concurred with him; namely, that
for relieving the Judges front the passing of the sentence of
death in certain cases. Although a Bill for that purpose was
in the contemplation of Government, yet was he not the less
willing to concur with the Honourable Gentleman. Another
point on which he agreed with the lion. Gent. was that of in.
creasing the minor punishments. We had at present the punish.
ment of tmnsportatihn to Botany Bay, which, front the changes
that had taken pla6a; it would be extremely difficult to render
a measure of punishment at all. We had also another punish.
ment which was a most salutary one, that of confinement on board
the hulks, und hard labour on the public works; but the employ.
ment of convicts in that way ought to be regulated by expediency;
there were at present in that state no less than 3,000 eon?
victs, beyond which number, lie thought, no increase should
take place. lie thought another punishment might be intro.
ducal, that of enabling the Crown to commute the punishment
of death for transportation to some or other of our Colonies, to
be there conlified on board a hulk, and to hard labour upon the
Public works; Bermuda for example. Ile had Bill in pre-
: paration combining those three points—the hulks, liard
boor, and expatriation, instead of transportation. The ques-
tion the House had to consider was a most important one.—
Would it be wise (even admitting the punishment to be much
too severe) to make too extensive an experiment ? Such a