Star.
London, England, 1819-03-03 00:00:00

ASIENDMED;T OF THE CRINIINAL LAWS.

Sir JAMES MACKINTOSH.—" Mr. Speaker,,
the question, in reference to which I had the honour
to give a notice early in the Session, relative to the
' Amendment of so much of the Criminal Law as re-
. latcs to Capital Punishments, I shall trouble the
House with but little preliminary matter, the subject
' itself being of that importance, and the admision of
the Noble Lord himself last night having established
beyond controversy the absolute necessity of a revi-
sion and amendment of the Penal Code. It, however,
will be necessary for me to adduce something in the
shapc"of precedent as to the proceedings of the House
in former cases of a reference of bimilar subjects to
Committees of the House. The first to which I shall
allude is that in 1717, which appears on the face of
our Journals. wherein a similar power a as delegated
.tcea Committee of that day, to inquire into the state
of the Criminal Law. And here I beg leave t0.0b..,1
serve, I should have immediately stated the ground
upon which the motion I am about to make shoul
have recommended i self to the peculiar notice of the
House, buplisr the admissions and concessions which
last night were made relative to this subject by the
Noble Lord. Those admissions and concessions had
to a considerable extent, narrowed the grounds of
diikrence between his motion and that of the Noble
Lord, and so far simplified the question. Unclei
these circumstances, had it been merely a queitiod
between the Noble Lord and myself, how far thq
nainuto arrangement of the different subjects of in:,
quiry were likely to effect the grand object, the dis-
cussion would have been attended with little diffi=
culty, as the several topics would probably have been
discussed in the abstract ; but as those interests most
weighty and important in the eye of the Lawyer,
Philosopher, Statesman, and Citizen of a free State,
are intimately concerned, it will be necessary that I
should enter into the investigation with a minute re-
ference to the existing law, and advert generally to
the public feeling, as well as that of even constituted
Authorities on the subject. The question now before
the House is, which of the two modes proposed was
likely to effect the object of mitigating the severity
of penal infliction, and insuring to the Public that
specie; cf efficient protection for person and property
which was the first object of all legislative provisions?'
This question must be ultimately decided by the.
mode in which the subject to be discussed was refer-
red to the consideration of the Committee. It is not
at all necessary, after what the Noble Lord (Castle.
reagh) has stated to tie House, that I should make
out a case to warrant this inquiry into the state of
the Criminal Law; not that I should for a moment
take it for granted that the coincidence of any two
Members, though of opposite parties in that House,
should be taken to decide a question of this impor-
tance ; but the decision of the House last night has
no doubt settled that preliminary part of the question.
The inquiry being admitted by the Noble Lord to
'be most expedient, it remains to be ascertained how
far that proposed by the Noble Lord may produce
any practical benefit ? To this description of dele.
gated power of inquiry I have two objections, the
first of which being that of the physical impossibility
of carrying such an inquiry into effect, might reason-
ably 'prechide the necessity of stating the second.—
An Honourable Friend of mine, . well known for his
real is the case, last night stated, that it would be
t.supossibleloravy Gommittee to make a satisfactory
iMort -on the 0444 of the condition of our gaols
within.a lesp:space than the duration of a septennial
Pa:lament.; and that the investigation in the case of
prisoners i 4 Are* gaOls alone haol taken up the time
of a most assiduous and industrious Committee for a
whole Session. Fence ,it pust be obvious to the,
commonest capacity, that an investigation' into the
state of gaols generally, punishments by transporta-
deo and on board the bulks, with their several ad+
juncts, must be an inquiry of sq extensive a nature as
to be, if not absolutely impossible, at least likely to
outlive the duration of any Parliament. To obviate
Nr • Lord, amongst Other
it is