Star.
London, England, 1812-05-06 00:00:00

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elope detection. and seethe lairs at difiattee : and he! murder, assassination Or 'riot, it Would be cheerfully
that ever. since these oaths were in ' supported, or if it were riot, such Members as object-
use, t
WAS sorry t , say,j C .
use, attempts,at assassination were very frequento— ed would well deserve punishment, besides the die-
It was therefore necessary for Parliament, to enact ! agreeable cries that Gentlemen on the other side
some measure to check such nefarious offences. His I seemed to vie with each other in uttering. The great
object now was, to inflict the petia!ty. of death on all objection to the proposition was, that it mixed up two
persons administering or taking such oaths a bat 'at \ offences, one the taking an oath, comparatively
the same time, to provide, that a person Who had slight, the other the actoal perpetration of a murder.
taken an nth maebta
on appearing before a Magi- Was there nO law existing to prevent the former?—
e
straw, confessing his offence, and taking the'oath of Had it been tried ? If •ot, why was it not resorted
allegiance, be pardoned for what he had done. He to and enforced by a Special Commission t The Bill
ehea moved far leave to bring in a bill to amend the of 1798 inflicted not a 'van" slight punishMent, and it
Act of the 37th of the King, by making the punish- was brought in by a Minister full as bold, and per-
rent for taking or administering unlawful oaths a haps a little more able, than the Right Honourable
felony, without benefit of clergy, instead of transpor. Gentleman, at a period, too, of much More threaten-
s:seen, which was the punishmeht 'contained in that ing danger than the present---(Hear, 'hear.)—But,
Act . . said the Chancellor of the Exchequer, you must not
Mr. W. WYNNE objected to the 'principle of the delay an instant, and what was his conduct ? Instead
afla in the first instance, upon the .grounds of its of anfincing a law already existitag, the vigour of
extending the Penal Code, Which it bad been so much which could be called forth in an instant, he sug-
the object of the House to diminish instead of increa- Rested a new Bill, which would take weeks in debat-
ing. He had been always adverse to political oaths ing and passing through its various stages in both
of all descriptions, as useless and unnecessary, and Houses of Parliament. (Hear, hear.) Mr. Brougham
could not help thinking, that a man who could bring then shewed the disparity between the law
.against
himself io take an oath of so abominable a nature, as the.se duction of soldiers, and that now proposed, and
to incite him to commit murder, would have very maintained that no man, not even the Chancellor of
littl • hesitation in taking the oath of allegiance or any the Exchequer, could tell againsowhom this law waa'
' other oath, and make no scruple of violating it upon to be carried into execution. It was true it mentioned
the first pretext that offered. He was therefore adverse a brotherhood, but Government was wholly ignorant.
to the Bill in the first instancy. of whore it wa's composed. As an act now existed;,
Mr. HORNER believed that a great 'part of the iris opinion, competent to the prevention of the
distresses throughout the country was owing to that clime complained of, he resisted this Bifl.
council
pursued by the Government in t tcllei
hear Orders in Mr. STEPHEN could not conceive why a mot
anuncil ; and he did not think a Bill of this sort wauld of this kind should create any discussion, much less
cure the evil sHe would therefore oppose the Bill in any opposition. And he was peculiarly surprised to '
cery stage of it, because it went to overturn all the hear an Hon. and Learned Gentleman oppose the
pinciples of our criminal jurisprudence, by doing measure in the manner he did. He was the more
sway the distinction between those who 6nly intended surprised at this, from the high respect he bore to
Ind those who completed a murder. This measure that Learned Gentleman. The assertions that the
• would nOt prevern the crime, because, after the oath evils arose from the policy of Government, had the
iris taken, the puniehment would be the same as if effect of administering a kind of salvo to the con-
murder was committed. Therefore there was nothing sciences of the misguided men'in question ; and that
to restrain the commission- of the murder. Why, he ! was asserted at the moment when a grave enquiry
asked, ;sate not other methods resorted to ? Why was going forward on that very subject. This con.
were not the existing laws put in force? Why did duct was most extraordinary and mischievous; as
not Government send a Special Commission to try nothing could tend more to increase the very evil
the offenders? complained of. It was a party spirit that gave rise
The CHANCELLOR of the EXCHEQUER to discussions of this kind.- Therenever Was a more
did not think Parliament would be doing their duty lamentable instance of it in any former times than
to the Public, if they did not endeavour to protect there was at present. As to the copy of the oath, it
the lives and properties of his Majesty's loyal and was found in the pocket of a person who had beets
fithful subjects by. the most effectual means in their killed in the attack made on Mr. Burton's premises,
poweh The Honourable and Learned Gentleman, which were burnt dawn the next day. It was an I
however, would first have them try the experiment of oath by which men bound themselves to assassinate j
the present laws; but were they to go on trying an ex- all persons who did not join them in their projects of
periment for weeks and months, while, perhaps, hun- destruction. He had been informed that more than
dreds and thoesands of his Majesty's subjects might 120,000 people had taken this unlawful oath. When
be assassinated ? If he was to see the information this wanfound to be the fact, mid destruction and •
coming to his Majesty's Government by every post, assassinatatn were going on every day, would not
he Mould see the atrocities and outrages that were his Majesty's Ministers deserve the censure and re-
daily committed through various parts of the coun- probation of • every peaceable man in the countrys if
era of persons shot on the hightsay, and many they had not adopted immediate remedies to check
others suffering death by other Means, through the so dreadful an evil. The Government would be in
machinations .and combinasjons of these deluded the last degree criminal if it withheld all the terror
men. Were they then gravely to be told—" you of the Penal Code, which it was in the power of Par-
must wait the event of a Special Commission ?" liament to hold out for the punishment of atrocities,
—But then there wrist be some necessary de- and the protection of honest men in their lives and
lays; tie Judges must be appointed, the Jura must properties.
have due rotice, and other necessary forms must be . Mr. WHITBREAD considered the Honourable
gone through. Were they to wait for this, or were Gentleman who spoke last, as one of the most active
they to wait to try the experiment of the Hon. and partizans in the House, for he came into office on
Learned Gentleman, and see whet the effect of trans- , certain conditions.—(litre Mr. Whillread was told by
portetion lot seven years. would have upon these din- IMe Shaker that he was not in ardor)—He proceeded:
tubers of the, public tranquillity ? ,fie could not con- I It was his opinion that the Honourable Gentlemen
ceive any thing pore terrible than the system they Was as much infected by party spirit as any person
have adiipted—multiplying their numbers in entente.,! on the Opposition. side of the House. As to the
and combining them by oaths. He could not cow= causes of the evils in question, he did not charge Go-
wive it any thing she rt of high treason—it was in its 1 vernment as tl e immediate authors, but Government,
nature tieason, nothing less than a violent outrage by their policy, has given rise to scenes of distress,
against the State thee. The House was theiefore out of which these atrocities in a great measure arose.
called upon to enact some etieetuet means 01 quiet- Was it now to be said, that no discussion should take
ing such outrages, and he knew of no case in welch i place on any of these topics ? Were all penal Acts to
they were miss pi(); Orly called upon to make a strong ; be passed over in silence ? Did any man believe that
and effectaal enactment Bat it was sand leis was ihe and his Itiends who opposed this Dill, were abet-
. ewe instance of a new eneetment by his telejesty's Ge-1 tors of the crimes it 7/tent to *pet down ? No ; he and
eminent, upon the criminal code, to secure them- I hit friends telt. that -the measure would not produce
selves from a in.:ilea:cry evil ; they saw before their : the effect proposed ; and were they not justified in so
eyes one ii.stance at least of an opposition always estateig.their opinions ? Why was' not the present law,
lastly to ()aka whenever his alejesey's Government I which inflicted the penalty of transportation, put in
!sought of bringing before parliementnny measures, ! force s The principle the Ministers now went ons
even for the salvation of the country. (Loud cheering I might benerried to any extent, even to torture. Look'
from the Jilihirterial Berthee..) But when the Hon. ;at -Ireland in 1197 and 1798,.and it would be found
Gentleman eh:trees his Islajesty's Ministers of being thateorture Was not only practised there at the time,
the instrumental causes of the mischief, it was stating' but justified by the Irish Lbrd Chancellor. The
that %ain't tics extremely misclaevous, and he was I present existing laws were-us effectual to the palash-
confidently persuaded was whialy unfounded. It , ing of crimes as arty new one. ; and this measure
evade be found that many of these persons who were made no difference in criminality between the taking
most insti ureental, anti took a lead in these outrages, !an oath and assassination. Therefore, from no party
were not in any degree in digress, and de; nut want ' feeling, which it was impossible any man 'could en. I
work, but are induced to this conduct, not from what 1 tereein ; but, from his sense of justice, he must op-
ehey feel, but from what they have beard to be gated • pose this measure.
roan this piece. (Hear, hear.) The measure itself I Mr. LOCKHART defended the Bill, and was of
eras net ct that sanguinary nature the Hon. Gentle., opinion that Ministers had not sufficiently described
man would represent it, but on the contrary, while it ; the crime in question. It was not alone a conspiracy I
vane to punish the offence held out forgiveness CO the ! to commit murdere'but was a conspiracy to prevent ,
offender, as it was the intention of his !tight Hon. I murder from beitig discovered ; and the criminals
Friend (Mr. Ryder) to bring in a clause of indica ! had in view the overthrow of all law. He therefore
illy, allowing time, after the passing of the Act, to I believed that this measure would produce a most Sil-
these (lenders to come in before the Magistrates, ac. ' lutary effect.
kaowledge their offence, and take the oath of elle. Mr. ABERCROMBIE objected to this proceed-
glance, by which means the offender had the power ins. There was no evidence before the House of
of indemnifying himself against the penalties of the facts that could warrant or justify such a measure—
Act ; by giving them this retreat from their crime, ! nor any reason given why the existing laws could not
the Legislature allowed to those who bad been se. put down the crimes in question. He believed that
duced, an opportunity of indemnification.. some of the crimes arose out of the laws passed this i
Mr. BROUGHAM observed, that the Chancellor Session by the Ministers.
of the Fs/chequer bad made two attempts that might Mr. BATHU asT held it to be the duty of the
well have been spired ; the one war to combine and House that when outrages of this kind were attempted
mix up the Gentlemen who opposed this Bill with to be supported by oaths, first to,put down the out-
the supporters of the Oisgracetul disturbances that rages, and next to inquire into the causes of them.—
convulsed the empire(Pear, hear)—the other to It was not, therefore, a just ground of opposition, to!
Persuade the nation that those who resisted this Bill say that there must be causes for the outrages. Their I
did so because it was a measure calculated to support existence was admitted, and the first thing to be donel
the Law and Constitution of the realm. (Hear, kar.) was to put them dawn. He did not see that any in-
--Won this unfounded assertion, certain Members, quiry was necessary. The fact was sufficiently noto-
particularly an Honourable Gentlemen (Mr. Ste- rious to warrant this measure. The crimes were sta-
plaen) and a Noble Lord (George Levesou Gower) ring us in the face, and they ought to be put down
set up a cheer as if the mere statement of the Chan- immediately. As to the nature of the crime, the
telbr of the Exchequer was only necessary to con. very act of taking the oath was, in a moral sense, as
• 'ince them that nothing more wabnecessary,tu induce great a crime as Committing the murder itself.
the °passed
on to open their mouths but to bring Mr. MARRYATT sai4 it was a gross delusion
forward a measure beneficial to the country. (Hear, practised on the manufacturing classes, to say the;
"4 4 laugh.) What was the true ound on which ' Orders in Council were the causes of their distresses."
the resistance was founded I ' Because it was thought Convinced as he was that this measare was absolutely
that the Bill would be highly injurious in its effaces. necessary,. it should !lave his support.
"if it Were likely that this measure would prevent' bit. 11113 BERT did pot think there could be two