The Statesman.
London, England, 1819-03-03 00:00:00

TTIE STATESMAN:

poled wee likely to effect the object of mitigating this recommendation, ore the part of IhiconsmisSes•
1
;he $ by of penal inflicting,
_and inisoripg 0 the Iriethititistorpof its failerepri rekerdien Idoalt.not
Nblie that speci4 of etcient-genietskto fad oil- go 14etiter than to sweet was not oppose.' "by
sett and property, fetich was the Bret object of I Lord Ileridekef or any of the goat hoed as.
all legislative provisions. This question aunt Dethorities of that day. A• Amite: ?Menthe dole.
eltimetely decided by the mode in which the sob-' 'tuition of these powers had been permitted by
ject to Is. discussed was referred to the conEderatiou ; the House iii the year 1770; Jokes ahe seems of
of the Conwitiee. It is not at all necessary, after Meredith, Fos, Sir Gorge Saville, and others of the
what the Noble Lord (Castlereagh) has stated to first ieforminiou bed latest in the Bosse appeared
the House that I sheikd make out a case to war- on that Committee. The question referred to them
rant this enquiry into the state of the Criminal Law; was equally extensive as that proposed to the former,
not that I should for a moment take it for granted, and the labour. of the Committee, though confined to
that the coincidence of any two :timbers, though of only one branch of the investigation now proposed
opposite parties in that House, should be taker to by the Noble Lewd, nevertheless lasted two Sessions,
decide • question of this insimtlince; bat the de. ! and ended in a recommendation to abolish eight dif.
Malan of the House last night has no doubt settled I ferret descriptions of capital poniihment. The Rill
that preliminary pert of the question. The enquiry I founded on this Resoletion was also lost la the Ileum
being admitted by the Noble Lord to he most ex. I of Lords, where, it was some gratification to think,
pedient, it remains to be ascertained how far that ' it was not opposed by either of these lliteetrieus
proposed by the Noble Lord may produce any prat- names, Lords Hardwick, or Camden. I might stand
deal benefit. To this description of delegated power en those precedents against what had bees last eight
of enquiry I have two objections, the first of which urged by the Noble Lord, or even upon the prow( I
being that of the physical impossibility of carrying have afforded, that the question, as subdivided by
such an enquiry into elect, might My pre.l him for the consideration of parts of • Colintillet
elide the Necessity of stating the second. An Hon. I similerly subdivided, is contrary to the sense of
Friend el' mine, well known for his zeal in the i Parliament; but the dilTormsee between the high
cause, last night slated, that it would be impossible political standing and official station of that No-
fur any Committee to make a sstisfaciery report on bleman gives him decisive @riflemen as to thlt
the subject of the condition of oar jails, within u , imperative weight of authority, sod renders it
less space than the duration of • septennial Perlis. , necessary I should make out my case for • COT.
Sent ; and that the investigation of the case of pri.! mitts. upon stronger sad more Indisputable grounds.
SOWS in three jails alune, had taken up the time of The Noble Lord last night, it is tree, stated, that
• most essidsous avid industrious Committee for a I the evil existed, but did not attempt to point out any
whole Session. fleece it mast be obeitios le the, probability of finding out by the intervention of this
commonest capacity teat an investigation lot* the i Committee, a remedy for the evil soedmitted to ',MO.
state of jails geoerslly, punishments by trans.; Ile then overlooked, or, st least, did not think it
',mistime end on board the hulks, with their sere.' necessary to point out specifically the defects ezist.
ral adjuncts, must be an enquiry of so eatensire a I leg in the system, so as to chalk out a line of acting
were as to be, if not 'heals:ply impossible, at for the Committee. Two things art necessarily ea.
least likely to outlive the duration of any Panne. Pecled to be pointed out to the Hoses in order to
meet. To obviate this inconvenience, the Noble Waco it to enter into an enquiry of this Merlons
Lord, assert other admissions and cone's.' eaters—the exiatenee of the evil, and five probable
sines, states, that it is his intention to subdi. i hone of a remedy, alone 1 contend the Noble Lord
vide the labour thee imposed upon the Commit. , has not made oat a Peetementary ground for the ea.
tee, by dividing the Committee itself into differeet I quiry lie proposes. I approach the hollowed insti.
parts. This brings me to the sealed ground of my ' lotions of our ancestormeith more circumspection and
objection in lionise, namely, that this practice of ; reverence, and therefore, feel myself booed to make
subdividing a Committee into two or three parts, and ,1101 a most satisfactory case in support of tie appli.
approprMiog to each its different sphere of mud.; Wien I now make to it, and show there east, a
nation. is contrary to the acknowledged usage and r strong probability of the dimitietiou of that evil,
practice of Pediment. The delegation of such • : which all good mid merciful men mutt steeply de.
power to naming and report upon any particular I Ogre- And here, I hope, I shall not ha told I am
subject, is the privilege of the House alone ; but is i a rash and alibi speculator, whose object, bosom'
the present instance it is attempted to be assented by laudable in colter respects, most necessarily agreed td
the Noble Load, or at least the choice of the imps. rthe guilty mind the hope of impunity for offenses
option is left to the orrongemeor of the Committee! hereafter it, be committed, in what was last night de.
itself, Is hereas Parliament had bereinfone, with pe. I nominated by the Noble Lord the geld" age of
Wier jealousy sod precision, specifically delegated ! crime.—(if laugh.) —I am 'Minnie ansious leotard
such a power to Committees, and refused to actinism loudest any misrepresentation on so important a sib.
ledge or receive their Reports whenever they bodes-I.l4'er, as it would be in the highest degree absurd to
ceeded the bounds specially prescribed to the nature: propose any thing like what bad been termed a new
of the inentigatien mudded to their labours. The; code of Criminal Law, to a country enjoying, ender
Noble Lord's motion is se multifarious in ifs nature,: the present administration of the laws, every blessing
which renders society happy sod free.—[/tsar!
I
and embraced so marry distinct and separate grounds:
of enquiry, that it is in vain to expect as, siderite.. Suck • proposition would be eatrevegant end titiat- o I
tory result from the investigation he lest night pro.. Wes ; but such is not mine; I wYold not rrOW Iltelh•
omit. It may pikers reach the state of the jails, pose the abolition anogenher of the punishment of
bet it never ran comprise the state and condition of death for onences. When other mesas fail to deter,:
the different clams of offenders, such less suggest I or when the olfender is nn longer safely to he tolerated
measures or legislative enactments, to promote the; in society from the enormity of his offence, thee leo.
reformation of criminal., the correction of whose; doehtedly the law may justly deprive him of a life
habits soil their probel.le return to society is finally : forfeited to the maintenance of gond corder. The are.
the object of all this enquiry. The labours of a Com. ' ercise of discretion in the judicial administration of
Wiles to enquire into the state and description of: the Isir may he said to be an evil ; so may the Cri.
*ls, and the best method of providing for the re. .boat Law itself ; but if that discretion he reposed in
formation as well es the safe custody of offordera (for . the Esecutive to prevent the infliction of an Injustice,
so the Noble Lord's motion rati),could never embrace or remedy an evil not foresee,' or provided against,
the case of those confined under sentence of death, then it may fairly be pr cud • good ; and it
bet referred to those whose punishment consisted ; should be the pride of the Hooey to restore to the
principally or 'Untidier in imprisonment ; thus the ; Crown, end its tree rrimsolliatirle. the Joliette on the I
greet cause of the avaredearet of the Criminal Law of Beath, that most endearing and splendid privilege of ,
&trend wee to skulk into the notice of the Legisle. the Throne—the dispensation of mercy ! which it
tore 11sCitlenholly, ander r of an equivocal word . unfortunately has heel, the °hint of recent times to
or sodok„iio phrase. !low for, then, does his no. ' rob it of almost altogether. lem far from expect-1
lion, and that of which I have given notice, cliff's ? : ing er mil wishing to establish any thing like 6
Both are fouedeil upon the adminion that enquiry Is' tleisersst principle to Melillo Punishmesst ; my'
become necessary ; and the Noble Lord professes he I object is stately that of attaining practically bete.,
is desiroes to resider hi. motion as estensii• av toy : flush resells to society, so as to motile :the laws
ows, so as even to embrace secondary punishment... to be enrolee(' without violating the sympathies j
--There are, nevertheless, ,efficient grounds of I and eletteging the feelings of man temente his fel.'
distinction la these different motions as to their : low-creetores. Upon this principle, imitision in
objects, which 1 shall be enabled to peeve are ; ll'e may end punishment in the fewer eases would
distinctly dilfereet ; and to prove that I eel not be the result : whereto, now punishment was almost
;wpm] to fellow a tours. of procootifog sinsr no exception to the rule for the administration of the
eorivesikat to my object sod purposes, I shell re. la".• My ohject is only to indite* the Legialetere to
fur to the precedents on the Journals of that Home. I adopt modes of punishment different in their nature,
by which it will appear, that severel references of a I and 'dieted to the proportions of offeaces, which
similarly utensils nature, have been made 14 Goo- '111400411 denominated Is) tire same generic name, ere
mitten in cases like the present. In the year 1700; as widely apart from each other la degree el Poor.
a remarkable iustance occurred of a similarly es., miry as off,nces of an altogether different elm:
teosive delegatimi of power le a Committee of that ' such a classification of crime, as would render all
day, which was expressly appointed to rumble the good and worthy men the voluntary defender') sod
state of the laws relating to felony, 'lndio report to sealers sepporrers of the laws. Much consolation
, the Houle on the expediency of replotting the said must aCCrna to the ministry at large from the es-
laws. Would any one contend, that • delegation of . :manses given by the Noble Lord, that whet-
such ostensive power we., as the Noble Lord hintrd ever unfavourable aspect the offences against pre.
I last night in speaking of my motion, an attack on , perly had assumed, the ancient and national dm-
the jesapeadence of the land, or that the motion bad • racier had not suffered from the comparative
orights.ed, or , been mewled by men deficient Is i frequency of crime of a higher nature, and more
legislative or pommel knowledge ? The newel of . Immediately !reeled against. the peace of society.
Pelham, Pitt, afterwards Lord Chatham, Grant,; —Pear, hear!]-1 sin as willing as the Noble
Dudley, Ryder, and others, equally well known for i Lord to seppose this has arisen trim the teespenry
the seuoileess of their principles and their legal distresses of the times, soil should be sorry that any
I knowledge, „ro,„ogis the supporters of a me- I thing hut ocular proof convinced nee to the contrary.
lien for • Committee with thew extraordinary IMy situation and that of the Nolthe Lord in this re.
powers. A precedent hail been este-) spiel is singar anica Sem* of those
Mashed by mein whom w
tahichlents mooed no thus
walled 'cases whichul he thind kseven temporawhimsry,l. I am disposed to
in sin age so defective let senatorial ability, ought think permstiost ; some which I think permanent,
not to be rloolillrfefl destit•te of authority.— be treats as titou4h they were temporary. I had
The Committee.. so •ppisioted .a 4 empinyerl for two i hoped the prosecutions On the commission of forgery
Sessions in the 'equity, and 11,••Ily reported that it would hay.- crns-il with the resumption of ash-pay.
eves espellient to thatige, in $Oll.llll instances, the . mews. Ice Noble Lord leads us to 'spec' no such
poeivhineet of death for others named in their Re. thing. The progressive increase of the manufactures
port, which, it was their opinion, might be 'Owl. ' of she country alas last night the sshject of model,.
tined its their stead with benefit to the Public. This merit on the part of the Noble Lord. I cannot help
wasthefirst Committee w bith timid stated thedangenous ' wishing these evblences of our wealth may be p.rpe.
sod baneful cousequencea of the system of the Poor I 'nal. Another subject of his coniluleneent was the in.
Lissa. smith, Laos of Parish Settlements, with the creasitigpopulationrltherountry;onthissebject;moch
linguine mins% from these sources ; it was even misrepreselitat ion ha. likens place. The population of
their knew • that pauperism and crime, at in our own London, for instance, though amazingly increased,
days, sailed SW. by side, end acquired strength re• ha- by no means relatively increased mime the year
ciprocally from each other. The Committee petti- 1700. The great reuses of the increase 'feriae arose, 1
___ to the neg_tret _ __otet_on of the ('nor imagine, from mistakes and errors in mite policy of
moistly *Wiled I eal A i ;
it that day as prodeetive of the most Wessling in- ou• emit:totems. The Game Laws, the Laws against
Creme of crime. A Bill was Weight in pursuant to Contraband Trantr, and Srat.,42lers, 1127 e, by their

ity, tended merit trk inceesso the number of 'La
✓ictims to topsider, justice. It is testi. the pr..,
Honourable geintlernoe Sam la retinue e torgr
stored, yet many ef tfils+rstiecting &ties and it,.,...
bat its, which affofd no roveie, may he I :Ned nti :
both create crime. .intstes.lers and poachers are to.
ciproral aid. to ritie another. I' may be impossih'u
et
once 10 t i:‘ Pg. the system of Commercial La. nil
such s coondy a. (imat Britain; hot it does !neon
sespicides that in the foortb year of pews stottdog
has yet been attempted, aids a view to change a it i-
tem of rev. nee, the enforcement of adlich not is..
frequently ended in the commission of me vet a'.
Basks, outrages, and atrocities. It Is worthy of
remark, the greet increase of crime, as eshihited by
the papers before the House. strived at it. acme I.
I tiOS ; from standard it sometimes varied, hat time
decteased since; and this *se. sheers of the enoramus
issue of Bank.notes, which was mist ably proved by
'an anonymous writer, whose loot•Irstl,t• of the ini:i.
jean, in • letter written to the Right II 'n R. Peel,
appears to have been only eqoalltid by hi. claasieal
and general information. 'ibis period, .0 fat :I to
the morals of the country, was remarkable as an
lepoch ie. which the note for one poun.l sloth's( fell in
sale* to I.ls. and the commonest !sheerer found this
secret agency of some nialicsiatit but occult demon
had robbed him of one-third of the means to support
his family, without his {mooing how it • *opal-
? ed. The practice of the law for the last centery had
been completely at variance wish she letter of it.
And so eatraordittery was the sierras., of convictions
and taiecirtiens, open the avenge of later miry, that
lin London and Westminster, out of two Itendred co.
OW Mottles there have been convictions and ...taros.
tient iron ont more than 45, leaving the eenwning 153
I a dead letter upon the awe...hook. For the last 13
yeats in England and Wales generally, there have
been convictions upon not more than 30 capital file-
Ole, Out of the before-mentioned 'NO So that net
lot 170 capital offences not one conviction has taken
I place distill the space of 13 years. The enormous
growth of them highly penal valeta, bet, it is to be
regretted, occurred during the best period of -et
history, since the year laiiiii: or in other morels *nee
:the ewer, has had a Parliamentary (' memo.—
Sect which it has been the ambition of men, of en *r-
aise little rime, at all siesta to have crested a capi-
ta) offenee by Stowe, as Mr. Rorke Is slid to have
been masted by a Member es attemptiog to keys the
Howse ea • elieiviren, with the perses.ses. emir.
once the subject *mild not detain him a moment,
as it was wily for passing an At t. iollicting
thw realty of death without beliefit of clergy.—
(4 link.)—These enactments has. since, I.OW_
ever, been matetistly coriected, if not altogether
teadwaid obsolete by the loetessed humanity of the
age Is which we lire. 1/I,,thitig can be as:diced sd.
perior in authority to the diets,. of that Most arSU.
1 mentativa, iogenioes, and attend Weyer (siir Wm.
Grin?), who slid, in ono irivance, that the law sod
the practice are diametrically at variance ; that of
the two, the practice was right; and. therefore, as
the practice could net safely be wound op to the law,
the law ought to Ire Itrought dose to the practice.
A general conepiracy had thereto,. been formed by
Prosecutor, Jury, and Judge, that the law should
eat libe its ordinary course. If such then be the
case, as admitted by the Ugliest authority. why
I should net the Legislature prevent theseerael and in-
human lets remaining any longer in elilltellet, as
proofs of its folly mad felon) ?—la jetties, is
the 6164900 n, I meat t roirat against the mode
' which the N.thle foal has taken for viscera
twining Ike supposed decrease of •sermliona for N.
lony. It is not fair to t..lie tee pros.ii*.l felonies,
and, compoooding t.,em with the lesser, present a
' Ilatteriog tagerephe of the atilrequenry of the number
of *muttons, when almost all thus, esezutions,
stem well knew. to have taken place under •ight ot
nine alatotes for principal felonies, ia which cases
there was rarely a passible chance of escape; Seek
as the offences of murder, shooting, and grabbing,
argon, highway robbery, burglary. gni piracy.—
The Black Act, and other frightful enormities in le.
*gisistioe have bet too successfully operated at home
and abroad to designate our Criminal Cade as in.
human add sangehsery. Many instances have oc-
co*red where the very persona who*, property was
sought to be protected, bad sascessfolly applied to
Pediment to repeal the Penal Seamus which pro.
lived themselves and their properties, as In the
cases of the owners of bleach•geosods, benkers, and
others. To quote again the great person whom I
have already quoted, I agree with Sir Wm. Greet,
that the due vvvvv tion of the Criminal Low„ is
a part of the moral relocation of mankind, bet I
epee with him also la thinking, that this takes place
only when the punisheent coincides with the general
opision that i' is proportioned to the offence. If, how-
ever, we look to the opioions delivered by the great.
est men whom this cosatry has prodeced, from the
time of Slr W. Blackstone Joan to the present day,
I we shall find that their opinion has been than the
Criminal Law of this eettotry list 'silence with pub-
lic feeling os the sobiect.—[Dear, hear. hes.r !]—
Such it will be found war the opinion of those great
men, Mr. Fos sod Mt. Pitt, end Lind Grenwille.• ha,
in a former Session of Podia:wet, delivered as able
sad eloyeent a speech on this subject, as I ever re.
member to have heard.—[l/ear, heir!]—ll it is not,
I admit • proof of error that an abstract sad speesite•
'Mite opinion should for • abort time be at.rtrisisc•
with popular -isomer, bet thee the llyebtee of Cele
urinal Law should in such a revolts es Greeteritaiee
beat variance with the general feeling of the wheat
and best members of the commenity daring • write
of pests certainly does appear to MOS proof thee
there is something in the system vitally arose. It
is from this view of the subject priocipotly, that 1
have offered myself to the Hoes*. It is toot my ebb
to oppose the Civil Laws of the country, but le re-
mote them. It is in under to rei.der the cm WWI
of lb" laws silty, tilat I implore the ideation of the
Bosse to the proposed intendment of them. S. so.
Serious is the practice of stoderedniogivroporty by
Juries, in order to erode the severe p•oslites of tea
law, that Sir 'William Illatkstoce, its his classical
work, calls the practice a pines reljury.-4/1••• 1.1
Should any Statesman eisticavotir to postpone the
time of that Reform which is. to atietki hie in the
Criminal lA*, of this country, it may bows t'nt
he will hate cease to rue the consequence. I ha n
now nearly done, hut before I Sit down I ir,.h
to add en •• word more with rr avec! to the Pee