Star.
London, England, 1819-01-26 00:00:00

PARLIAMENTARY PROCEEDINGS.

HOUSE OF LORDS, JANUARY 26.
Dense the brief sitting which took place, previoss to the ad.
Ointment during pleasure, the following Peers were sworn,
mod took their seats
The Marquises of Wu:canna sad Axatasav, sad the Tigris
if Heasnurrox, CLAIM, Room, and Bwrouse.

BANK RESTRICTION. •
Op the resuming of the House, which was about
five o'clock,
The Earl of LIVERPOOL, after briefly alluding
to what he had mentioned on this subject on Thurs-
day evening, relative to its being in the contempla-
tion of his Majesty's Government, under the circum-
stances, to propose a short further continuance of the
present Restriction, observed, that he had now to
state, that a communication had been received from
the Governor of the Bank of England and those
Gentlemen with whom. it was usual for his Majesty's
Government to communicate on the concerns of that
Body ; and in consequence of what had taken place
on that occasion, the intention now was to move for
an inquiry upon the subject. This it was thought
advisable to bring *forward on an early-day, and ac-
cordingly he should on that day se'nnight bring for-
ward the subject.
The Earl of LAUDERDALE had come down
with the intention of movirig_ several accounts con;
meted with this subject, and that he should still move
them, as he was of op►nion the information to be de-
rived from them would be useful to the Committee
the Noble Secretary of State proposed to appoint.
The Earl of LIVERPOOL believed that the
greater part of the information which the Noble Earl
was desirous of obtaining was already in the posses-
sion of the House.

PRISONS.
The Marquis of LANSDOWN had, towards the
end of last Session, moved for some papers relative
to the state of the Prisons of the country. These
papers had not yet been presented: but all that had
fallen under his own. observation since the dissolution
of the last Parliament, relative to the subject of Pri-
sons, was of a nature to show, that a further inquiry
is to the. subject was highly expedient, and all that
he had heard from others had served to confirm him
in this opinion. As soon, therefore, as the papers to
which he had alluded should be laid on the table, he
wbuld move the appointment of a Committee to take
them into consideration ; and he would *alio move,
that all the Acts relative to the management of Pi i-
sons be 'referred to the -same Committee. lie was
happy to find that this subject was to he taken up in
another place ; but when he considered the advan-
tages their Lordships "louse possessed for the success-
ful prosecution of an investigation of the kind he had
in vies ,lic should not be induced by any thing which
might happen elsewhere to abandon his intention.
Lord SWMOUTH wished. to remind the Noble
Marquis, that the information he had moved for at
the close of the last SeSSioh Comprehendk the state
oldie prisons for the year ISIB. The accounts of
course could not be made up before the end of the
year Every effort had, however, been made to
cotqlete them, and the ,greater part were already
prepared, but the whole could not he finished before
the end of the ensuing month. When the motion
for these accounts was before their Lordships at the
end of last Session, he had intimated his intention to
submit to the House a proposition relative to the
state of the prisons soon after the meeting of Parlia-
ment, and he hoped to have had an opportunity of
doing so before any other public notice should be
taken of the subject. It had long been his anxious
wish to seethe state of the prisons fully investigated ;
and under that impression, it was-his intention, had
he not been anticipated, to move that the documents
which were in the course of preparation should, when.
on the table, be referred to a Committee.
The Marquis of LANSDOWN was far from
wishing to anticipate the Noble Secretary of State.
If his Majesty's Ministers Were desirous of taking up
the subject, he should not stand in their way, but
would, on the contrary, always: be ready to concur
with them in the course which might appear most
effectual for the attainment of the important object
he had in view.

CARE OF TITS MAJESTY'S PERSON.
The Order of the Day for summoning their Lord
ships being read ;
Abe Earl of LIVERPOOL rase, and stated tha.
the circumstance of the lamented death of her late
Majesty unfortunately rendered it necessary to recur
to the wisdom of Parliament, in order to supply that
important deficiency which it induced relative to the
care and custody of his Majesty's sacred person. It
was 11001 rather more than eight fears since they
were called upon to deliberate on this interesting
subject. Tilt opinion entertained by Parliament
seemed decisively to be, that the care of his Majes-
ty's person would most properly be vested in some
other hands than in those of the illustrious personage
called upon to execute the general functions of
royalty. Such a determination he held to be wise
and judicious, ani it was the general sentiment of
their Lordships at the time that the care and custody
of his Majesty's sacred person should he vested in
that illustrious individual, who, from the peculiar re-
lation in which she stood to the Royal Family, as
well as from her own deservedly high character and
most exemplary conduct (whatever differences of
opinion there may have prevailed as to other branches
of the question) was evidently the most eligible per-
son. by the demise of that illustrious individual,
they had now to consider of the most proper means
of supplying that lamented defect. In what he was
now about to propose, for the adoption of their Lord-
ships, he was inclined to think he had but anticipa-
ted their general sentiment and opinion, when he
stated and propu;ed that, in the opinion of the Prince
Regent, the most eligible person for that important
purpose was his Royal Highness the Duke of York,
either with reference to the close relationship in
which he stood with respect to the Royal Family, or
generally with reference to his Royal Highness's own
conduct and character—(Hear.)—lt was deemed ad-
visable that those delicate and important functions
should continue to be exercised by an undivided au-
thority. But, as in the case of her late Majesty, such
custody should be entitled to the' advice and assit-
Mice of a Council, as to those persons, he trusted
their Lordships would agree with him in opinion ;
and that, upon public grounds, it would be most ad-
visable to continue in those functions, those noble atd

respectable person in whom they were now vestal :
there was, at present, a vacancy in these, occasioned
by the recent death of a Noble and Learned Friend
of his, which their Lordships would have to supply
at the regular opportunity. And it was a considera-
tion which he felt would have some weight with their
Lordships, when he eitpressed himself perfectly sa-
tisfied, that if a Great Personage could declare v.. 11.),
under the present circumstances, should be placed in
that situation, it would be those very individuals.—
Under these impressions he would detain their Lord-
ships no longer, but present a Bill for the purpose of
legislatively carrying into effect what he had stated.
This, it was his intention to move, should be row
read the first time and printed; and that, if the prints
were ready to-morrow, to move the second reading ;
b
as he thought, under the circumstances, it would
preferable to proceed de die in diem with the measul.c.
The Noble Earl then presented the Bill, which
*as read the first time, and ordered to be printed.
PREVENTION OF runouares.
Viscount SIDMOUTH laid upon the table a Copy
of a Report froni the Commissioners appointed to in-
quire as to the best means of preventing the offence
of Forgery. REVENUE AYR FINANCE.
On the motions of the Earl of LAUDERDALE,
a variety of documents, relative to the revenues, cir-
culation, and finances in general of the country, were
' ordered to be laid before the House.
The Noble Earl said, it had been his intention to
give notice early this Session of a motion for a Com-
mittee of. Inquiry upon the subject ; but, in conse-
quence of what the Noble Earl on the other side had
said, as it might tend to prevent the necessity of such
a motion on his part, he was induced to postpone so
coming forward, at least for the present.—Adjourned.

HOUSE. OF COMMONS.
About twenty blembecs, who bad not previously been sworn,
took the oaths.
Mr. FINLAY presented a Petition from the Trustees of
Cranatoun Hill Water Works, praying for leave to bring in a
Bill to amend their former Act, and to enable them to make
certain improvements. —Referred to a Committee.
enteral GASCOYNE brought up a Report fretn the Corn
Mittee on the Liverpool Market, which was read and agreed to.
Mr. LYGON moved for a Return of the Duties paid on Ilops
in the year 181 8, distinguishing the old from the new.—Ordered.
011 the Motion of Mr. WROITISLEV, an Account of the Pro-
fits and Rents of Lands appropriated to Charitable Purposes,
claiming to he exempt from taxation, with a Return of all Stock
or DifiJends in the same situation, was ordered to be laid be-
fore tha llouse.
A Patiiion was presented from certain persons, claiming to be
legal voters for the Borough of Evesham, against the late Re-
turn of :11. sobers to represent it in Parliament.
The SPEAKER said, as a Petition on the same subject had
been presented on Friday last, it might be for the convenience
of the nous,: that this should be referred to the same Corstnit-
tee to which that was to he submitted.—The Petition was or-
dered to be taken into consideration on Thursday, February 11.
A Petition from Mr. Jolter F.r.tiorr, agalnet the %Aura for
Nottingham, was ordered to he Liken into consideration ou
Tuesday, the 2d of March.
A Petition from Fs+ against the Return for the
Borough of Ilaveiley, in Yorkshire, was ordered to be taken
Into eonsidetation the 4th Of :Nlareh; as was also
one fox the Borough of Barnstaple.
CRIMINAL LAW.

The Sheriffs of Lotidotiappeared a the liar, and presented a
Petition from the Lord 31a) or, N.dertiten, and Common Cuun-
cil of London, praying the House to take into consideration the
4tate of the law res;leeting the punishment of offenders. The
l'ot kin; was as follows :
" co vita sionouaasus Till enaimoNs or lint tramp kINCDOM or

(urAT *nil' Nrs MELANIN 1), PARTIII MINT ASSED4 rit.r D.

" The bumble Petition of the Lord 24,1y0r, Aldermen. and
Commons of the Cite of London, in ancillkssembled,
" Swimmer—That your Condoners are greatly interested in
she Police bath for the Cityalf London and for the Cuenty of
Middlesex, where his Majesty's Commissions fur the trial of of-
fenders isse.: yearly, and eight Sessions at the leas! are held every
}ear ; and they are impressed with the conviction, that their re-
presentatiors upon the present State of the Criminal Lew, and
its effects on public morals, will be deemed worthy the consi-
deration of your llonnurable House.
" That upwards of 200 crimes very different in their degrees
of enurntity, are equally subject to the punishment of death,
which is enacted not only for the most atrocious offences, for
burglary, for rape, for murder, and for treason, but for many
offences unatteeded with any cruelty or violence, for various
miller crimes, and even for stealing privately to the amount of
eve shitleigs in a shop.
" That from the Returns upon the Table of your Honourable
House, it appears that crimes have far some years been rapidly
increasing, both in number and malignity, to the injury of the
rising generation and the debasement of the n:.tional character.
That there were committed for trial in Middlesex in the yens
1,663 I 1814..... 1,646 I 1816 2.926
1813..... 1.707 1815...... 2,01)5 1817 2,686
The capital convictions in Middlesex were in the pears
1812 132 I 1814 111 I 1816 227
1813 118 1815 119 1817 208
There were executed fir Middlesex in the-years
1812........ 19 I 1814-- .. 21 I 1816 ..
1613 l7 1815 ll I '1817......... 16
There were committed for trial in the different jails in fag-
land and W.res, in the years.
1855 4,605 I 1814 . 6,390 I 1816 9,091
11.12 6,576 1815 7,818 1817-- 13,931
1813 ..... 7,164
There were confined in Newrate only, of Boys, of 17 yeas
and under, in the years
181 X... ..... 1,25 I 1816 247 I 1817 .........36!
"'That without the interference of your Honourable .louse,,
in adapting the state of the Criminal Law to the state of the i
moral and religious sentiments of the Nation, the increase of
crimes must be progressive, because, strong as are the obliga-
tions upon all good Subjects to assist the administrati se of jus-
tice, they ire overpowered by tenderness for life.-3 tenderness
which, originating hi the mild precepts of our religion, is ad-
vancing and will continue to adrance as these doctrines become
more deeply inculcated into the minds of the commnnity.
" That many injured persons have refused to prosecute, be-
cause they cannot perform a duty which is repugnant to their
natures, by being instrumental in the infliction of severity con-
trary to their ideas of adequate retribution ; and by such lager
pity, young offenders, instead of being checked in their first de-
parture from virtue, are suffered to advance from small offences
to crimes of great atrocity.
" That some Jurymen submit to fines rather than act as arbi-
ters of life and death in cases where they think the punishment
of death ought not to be inflicted.
" That some Jurymen are deterred from a strict discharge of
their duty, and acquit guilt er mitigate the offence so as not to
subject the offender to the pueislunent of death, and thus assume
a discretion Bever intended to be xested in Juries, and relax the
sanct;ty of a judicial oath, upon which the integrity of the Trial
by Jury much depends.
" That this determination by Juries to oppose the severe
enactments of our laws is of ,daily occurrence.
" That amongst other instance., a Jury, rather than be in-
strumental in inflicting the punishment of death for larceny to
the amount of 40s. from a dwelling, found a 101. note to be
worth only 395.
That another Jury, influenced by the same motives, found
-two Bills of Exchange, value of 161. cash, and eight Baniumotes,
value of 101. each, worth the same sum of 395.
" That your PetitionerS cannot omit to urge upon your Ho-
' nourable House, that even this disinclination to enforce the law
is not confined to the injured parties, and to Juries, but extends
I to the Learned Judges, who, impressed with a similar feeling,
bays exercised their ingenuity in dispiriting means by which
I the real value of the property stolen should not be found by the
Jury; and where convictions have taken place, constantly re-
commend a great part of the convicts to silwita;al mercy; and
hit Majesty's advisers, influenced by the same satiety to pi;
serve human life, readily apple, and mpg natant iron
'risme a remission of the genetic/.
" That your Petitioners do sot apply to yourlicdoluibli;

Haase whir any feeling but of gratitude and respect, at the ad-
ministration of the law by the Learned judges, or at this exer-
cise of the Royal prerogative by causing law and patios in
mercy to be executed in every judgmeot, but they are impelled
to submit to your consideration the State of the law itself which
prodnees evasions dangerous to the community, and which must
continue to produce them, as they depend not upon the send-
' menus of any individuals, but upon certain and general princi-
pies of our nature, upon the advanced state of civilization in the
country, and upon the diffusion of Christianity, by which we
ate daily taught to love each other as brethren. and to desire
net the death of a sinner, but rather that be should tuan from
bis wickedness and live.
" Your PAitioners, therefore, humbly pray. that your 1-lo-
operable House Ivill take the premises into your most serious
consideration, and adopt such measures as the importmce of the
subject requires, turd as to the wisdom of jour Honourable
House may seem meet."
Mr. Alderman WOOD, on rising to move that
this Petition should lie upon the table, observed, that
he was sure 'he subject to which it referred must ap-
pear to the House to he of the highest importance—
hear).—Many learned and eminent men had,
during the last 50 -years, contended, that our cri-
minal code was unnecessarily severe, and that im-
prisonment and hard labour naight, in many cases,
be properly substituted for the punishment of death.
There was no Honourable Member who heard him
whose own experience must not have convinced him,
that crimes were increasing in every part of the coun-
try. In Navigate, the prison with which he was best
acquainted, and which presented the amplest variety
of evidence on this subject, it was still the custom,
although less frequent, for 10 or 50 cf the pi isoncrs
to hold mock trials, and lot m their eavn judgment
of who amongst them were likely to surfer the ex-
treme sentence of the law. Ile bad visited Newgate
the day before, and had seen 40 persons under sen-
tence of death, not one of whom had any apprehen-
sions of being executed. The calculation was, he
believed, that not more than one in 12 suffered ; and
this constant extension of mercy, arising from the
rigour of the law, probably operated to encourage
the commission of offences. The conduct of the
prisoners was generally very extraordinary. There
was seldom or never any preparation for death, or
even any fear that it would be inflicted, till the war-
rant for execution was actually received. None of
those whom he had visited on Sunday seemed to ea-,
pect to die, although some of their cases were of a'
nature to make the probability extremely doubtful.
It would be presumptuous in him to suggest what
might be the most expedient means of remedying so
uniOrtunate a state of things; and he was happy to
understand that an Honourable and Learned Gentle.
man intended to move for a Committee on the sub-
ject After the loss of Sir Samuel Romilly, it could'
not be in hands more capable of doing it full justice.
He had examined various prisons on the Continent,
and had met with instances of several hundreds con-
fined to hard labour for different periods, according
to their offences. not one of whom returned to evil,
practices after his liberation. In one part of Swit-
-1
zerland, indeed, the punishment was so sine to fol-
low the offence, that even before conviction, the in-
habitants, no doubt imeroperly, regarded the priso-
ner as already punished, and his doom irrevocable.
With these few remarks he begged leave to move
that the Petition now presented do lie upon the table.
Mr. Alderman WA IT MAN observed, that he
rose for the purpose of seconding the motion of the
Honourable _alderman. He had no intention, how-
ever, to enter into a discussion on the general merits
of the question, being merely desirous of calling the
attention of the House, on this occasion, to aloe of
the leading facts contained in the petition. it ap-
peared by this statement, that crimes had increased
to an alarming degree within the last ten years. The
number of prisoners was nearly quadrupled, having
risen from 4000 to 14,000. Ile could state, from his
own information, that of the persons brought before
the Magistrates in London, a much larger number
escaped with impunity than formerly, from the dif-
ficulty of sending them to prisons already crowded ;
and of bringing them ultimately to justice under the
present severity of the Penal Code. Ile held a paper
in his hand,. by which it appeared, that six hundred
of the persons confined in Newgate during the last
year were under 21 years of age, and, as far as the
account could be made out correctly by the keeper,
the total of those acquitted and convicted under that
age, amounted to 1000.— (Hair, hear.)—" I have to
express a hope." said Mr. Waithman, " that the great
importance of this question, and the manner in which
it is taken up by the Corporation of London, will im-
press upon his Majesty's .Ministers the necessity of
taking some steps, and adopting some measures to
meet so alarming and increasing an evil."—(Hear,
hear, hcar.)
Mr. B. BATHURST agreed, that it was very de-
sirable this question should be fully considered, where
the investigation of it in detail could alone be con-
ducted in a satisfactory manner, or with any prospect
of a succesful result. A notice had been already
given of his Noble Friend's intention to bring for-
ward a proposition relative to the Police of the King-
dom, and to the state and discipline of its prisons.—
This-might, therefore, furnish a proper opportunity
for introducing some motion for an inquiry with re-
gard to the criminal law. Undoubtedly there had
been a
.considerable increase of crime generally,
throughout the country; but he hardly knew whe-
ther it could be called matter of consolation—the
fact was, that the increase in the Metropolis was not
iaptin nnotralesrcou)ot.lilon
cauoneryt
rfgoheetfonhaafdrdeeiethrraniproportionneacmti depredations,
nothemselvesy sprung aspiict
culprits
riptlh,owdb
probably
concealed,t
dbnPlodlyaladc laces.
nxrs.et
hnatia A new
eni
pbedtu instru-
ments
themothat morep
from incurring the full punishment of the law. The
subject was, however, one which certainly required
the most attentive consideration.
The Petition was then ordered to lie on the table,
and to be printed.
Mr. TIERNEY said it appeared that a Noble Lord
not then in his place, had it in contemplation to bring
forward a measure on the subject of prison discipline,
and he was glad to hear it, because the authority of
Government was always of importance to carry re-
form into effect. But if the Right Hon. Gentleman
meant that the revision of the Criminal Law might
be added as a sort of rider to the other question, in-
iatead'of being taken tip with the gravity and delibe-
ration which it required, and which became an in-
dividual filling the station of the Noble Lord, he
could only wish that Government would not interfere
with it, but leave it in the-hands of his Honourable
and Learned Nett&