Star.
London, England, 1830-06-23 00:00:00

TORGERY BILL.

The Marquis of LANSDOWNE, before the order of the day
for the second reading of the forgery bill, presented a petition signed
by se less than between seven and eight hundred bankers and met..
candle men residing in Edinburgh, and many commercial towns,
praying the bill to abolish the punishment of death in the crime of
forgery might pass into a law. The petition with others having been
Lod on the table, the noble marquis said, in moving the second
reading of the forgery bill, he did not wish to trespass upon their
lordships' time ; but he thought he could not discharge his duty
Is asking the house to agree to the second reading without a few
observatWs on the character of the measure. He was anxious to
eall their attention to the circumstances under which this bill came
tots notice, because upon a full consideration of the ciicumstancee,
site bill itself must depend. The bill proposed a most extensive al.
tendon of the law of England as it had stood with respect to for.
gery for the last 100 years. It was only within the last 140 years
Him the crime of. forgery had been punished with death. It was
made subject to capital punishment after the revolution. In 1728
large additions were made by extending the provisions of the law.
Every department of the state sent forth recommendations for legis-
lation on this subject, and not less than 120 statutes had been enac-
ted for the punishment of forgery by the infliction of death. To
give their lordships some idea of the extent to which legislation on
that subject had been carried, and the nature of instruments to
which the legislature lent its support, he might allude to Me.
diterrancan passes. This was an instrument by which persons
thought they might protect themselves against the Barbary cor-
sairs, and the forgery of such instruments was made subject to
the punishment of death. (Hear) He should not tire their lord.
ships with all the details upon these enactments. Such
as were desirous of becoming more acquainted with the subject he
should refer to • report on the criminal law, delivered by a Com-
mittee of the House of Commons in 1824. In that report they
would find thirty.eight folio pages taken up with the mere enume.
radon of all the statutes to punish forgery. The statutes to which
he alluded presented one hetorogeneous mass, from which lawyers
could not collect any just notion or opinion. It was impossible such
a state of the law could remain. None could be disposed to object
to a reform. The right hon. baronet who presided in the Home
Department, with so much honour to himself and advantage to the
public, had turned his attention to that object. The noble Marquis
fault' say for himself, that when he was in the Home Department,
he gave instructions to procure all the information necessary, with a
view to the classification of the statutes to which he had alluded.
The bill before their lordships had been under the auspices of the
right hon. baronet, and it made important changes in the execution
of the law. The penalty of the law had been changed by the bill
in several instances, but it was his duty to state, that it came with
an important amendment. Little argument was necessary to in.l
duce their lordships to adopt the general principle of the bill, bat be
was well aware there was some difference of opinion with regard to
the alteration. Many might think the mitigation of punishment
just, who would not agree to a total abolition of the punishment of
death in all cases of forgery. On that ground the bill might give
rise to opposition. The noble Marquis could not think with many
that capital punishment should only be confined to murder;
but the question was whether excess of severity might not defeat its
own object. He had to appeal to their lordships whether the pu.
nishment of death could be applied in cases where the crime was nos
commensurate. There could be no doubt that the infliction of ca
pltal punishment in forgery had frequently induced jurors to acquit
criminals. The first consideration with a criminal was the chance
of tpunishment.—He was willing to admit that in the complicated
state of society in which we live, forgery had become a most dan-
gerous crime. They had on this subject the means of reasoning
practically upon facts derived from experience. He could say he
bad looked into the different returns presented to their lordships,
and with respect to forgery, he found that the executions for for.
gery during the last seven years in London and Middlesex had
greatly exceeded the executions foe the same crime in England and
Wales. It appeared that in proportion as capital punishments had
been abolished crimes had decreased. Since the repeal of the law
making it death to steal linen in bleaching-grounds, the number
of convictions for that offence had been diminished. The fact
was proved by the evidence of Mr. Carr, the Solicitor for the
Excise. Front the returns of convictions for forgery, it appeared
that in the course of nine years, ending in 1828, out of 780 ca.
piud charges, 334 got off. In other crimes, not punished with
death, out of five hundred and fifty-eight charges tried, only
tißy.seven. had got off. The noble marquis had conversed with
many merchants and bankers on the subject, and he had understood
from them that many persons guilty of forgery had been reluctantly
suffered to escape because the parties would not prosecute to death.
A moment's consideration must convince their lordships that the
severity of the law gave impunity to the offender. He had a case
before him of a man who forged upon his master. The latter, from
humanity, would not prosecute. The offender then forged upon the
eon, who also suffered him to escape. He tried it a third time upon
another. and was executed. There could not be a more powerful
appeal to their lordships than that made by the merchants and
bankers of London in support of the bill. Among the names he
had those of Messrs. Sanderson, Gurney, and Rothschild. Two
were bill-brokers, and Mr. Rothschild was the greatest operator in
securities in Europe. He mentioned those gentlemen, because it
bad been said the petitions came only from persons of one way of i
thinking. The bill-brokers knew better than any class how far'
the interest of the public was concerned in preventing forgeries. lie
would state what the bill brokers were. They were persons who
dealt in securities—dealers in responsibility, so that it was in fact
evidence of persons having securities constantly passing through their
hands ; melted no less than 30,000,0001. annually passing through
his bands. He had the names of many bankers. From the evidence be.
fore them he thought their Lordships might be induced to abolish
this capital punishment. Scruples existed on this subject in the
best regulated minds, and might not those scruples overcome the
severity of law. If Juries did not give effect to criminal punish.
manta, laws might remain waste paper. He thought Parliament,
by yielding to the general feeling, might expect to find that active
feeling, which would give effect to the due execution of the law.—
The Bill before the House he did not wish to have t. He
should be ready in the Committee to limit the du on to five years.
He considered it an expaiment ; and if there was any desire to make
it temporary, he should in the Committee meet the wishes of the
Heusi.. There was another point z the secondary punishment.—
The noble marquis thought a better punishment might be found
than that proposed by the bill. He expressed a hope the house
would give the bill a second wading, and in their legislation enact'
that which prevented crime—namely, certainty of punishment.-1
The noble marquis concluded by moving the second reading of
the. bill.
Earl WINCHILSEA supported the motion; the authority of
scripture did not justify the legislature in inflicting the punishment
of death for crimes short of murder, or rebellion against the coned.
weed authorities of the country ; he gave his cordial support to the
efeasure before the House.
The Duke of RICHMOND gave the measure Ms cordial
support.
The LORD CHANCELLOR said, he could not give his assent
to several clauses of the bill, but should reserve his opposition until
it came into committee; he opposed several of the clauses, because
he thought that their could not with safety be adopted ; he thanked
the noble marquis for the manner in which he had brought the
question forward.
Tile bill was then read a second time, and ordered to be commit-
ted on Monday.
Counsel was then called in on the East Belford Disfranchisement
8111, and at the request of Mr. Adams, the examination of wit.
manes was adjourned till Fridaj next.
HOUSE OF COMMONS, Julia 22.
There being only thirty-three members present at four o'clock,.
Se &magma declared' the; house to stand adjourned till to-morrow.

A blican named Shelton, who 'resided in Montague-
csuve, -street, committed suicide yesterday by taking an
lona of prussic acid. Shelton, who was at one time a celebrated
prise-tighfri; had been betting beyond hie. means at Ascot Races,
mg. be *ii,loccribe. circumstance on Monday night to .his wife,
who engintred . to soothe him, by observing that by giving up
gambling and using hoop' and persevering industry, he mien gee
shroughall lite difficulties. The, unhappy man. appeared to beam.
Anted, and desired Ms wife to bring a glass of gip aad .water, after
drinking irMe.it he slid be should' oto bed. It however,
that shortly *crude avjaUeired thposiepsi sopa beoune a
corpse. Vre 114001 understanel,hesW
this. .ciaatity prussic
acid wild have. beM glielboinl. pt eriehplesesirerecy
Aught ' to, be 844 aulj es imaging

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