The Statesman.
London, England, 1810-02-10 00:00:00

:~

e^

ter DAY, vie. 9.
The Lose Cis rt. c I.r.ott trok his seat at half•past three
o'clock; when the new Bishop of Chester, tDr. Sparks)
wits introduced to the Douse. with she customary honours.
Mr. (ktrrnw, assisted by Mr. Harrison. was heard at the
Bar, °tithe lien. H. Wellodes's Bill of Divorce from his
Lady, Charlotte: the usual proofs being adduced, the Bill
was read a second time, and committed for Monday pest.
Mr: BA vices brought up the Reversion JIM, wlliah was
afterwards read fur the tint time.
Mr. Hose, fronsi:te Bank, brought the Annual Account
of the Coannissisois fee the Natiourn Debt; and there was
also preemie:tat the ear, the Filth Report of the Commis-
sioners for the Careatie.. -
Admiral Lord Gambier heing tutioduceri, the Loan Crtair4
c t stost„ in expressive terms. presented the Titanic, of the
horde to him, for his rnodurt respecting the Expeditiod*4o.
Basque Roads. Lord Gambier aripiewledged the homier
thus conferred upon him by theAtloesit and detlarei himself
particularly gratified by the personal approbation with whie:t
the tend Chaacellor had .poken of (us prufetsional exertions
for his couture.
Ht. Grace 11w %rehhishop of Canterbury, moved, that the
flight Reiter .tad the Eit.hop of Chester should preach before
the Louis on the Fast Day, Wednesda), Februqry
PORtUGAL.
Tiefort. the Order of the Day was read, the Duke of NOR-
VOLK took the liberty of asking the Noble Secretary oppo-
site, whom he saw in his place, whether we were pledged,
by any treaty not vet known, to assist Poringni either with
star .oawy or our forces 1
Marquis IV Es.t.r.st:str replied, that, whatever understand-
lag might subsist OK those important partieelars, between this
Goverdinent and Portugal, no treaty, to the effect spoken of
by the Noble Duke. was yet made.
The Duke of Non role signitiod inn he his intention, on
Venda, neat, te make twine motion OR the subject of the pre-
SCA lltgitiry
PENSION TO LORD WELLINGTON.
Lord. LIVERPOOL rose to move the
ration of his • Majesty's Message, for conferring
en Lord Viscount Wellington the net sum of two
thousand pounds a year, mupen.atory of his great
services, sod enabling him,. and his heirs, to sup..
port the dignity. to which he was now raised.-
Were it not for someihings that had already pas_
cud, he (Lord Liverpbol) would have thoughtit
- wholly unnecessary to offer any inducement to the.
Motion, which, conformably with the Message of
Ills Majesty, he had now to move. Glorious and
decisive a. he 011 thought the victory of Talavera,
avid he must continue to think so, that was net
the only ground oa which Lord Wellington WEB
entitled to the eompen'ation of his country. Poe-i
tirgal had twice been delivered from its fate by Me
exertions. To say nothing-of his interior ft:vel-
eta—Services greatly estimated, and call-Wig for
• full consideration at the present time, his life had
been spent in the service of his country. Nothing
eion seed be said by him in the subject at pre-
print. .
Earl GREY opposed this grant, pahrfutell Was
his duty, on the same grounds as he had alreidy
resisted the vote of 'thanks fur the battle of Tala-
vera. He should say no more ; but reserve what
be had yet to offer till the Bill, framed for
the pension, came up from the House of Cum:
. - •
The Doke of NORFOLK emit
Viol battle of Talavera, though mil
‘either a victory, or decisive.
The Motion was at length put, and
'out a division.
NAVAL REVISION.
Lord MELVlLLE,:iirawing
their Lordships to the Reports of •the
ere for Naval Revision, stated the
of high moment to the country, and
flua,;lit, there could he but one -
,lionse. It was not a • ovesti,in of
question Whieli ail parties shoultl.rneet,
ship now gave an account of the
Reports. which were the object
lie had, .till these papers came
Retinas of the state 'if the Navy,
• of the last ecetury. Fifteco of the
uevertheless, lying oil the 'rabic
though, of these, four only were yet
•be acted' upon. II tying read varik
from the first to the tenth of the Reports (which
hr did to spire their Lordships the pain of hearing
illy details from his mouth), he wished merely to
call their Lordships' attention to the leading pur-
pose of his Motion. All the Reports were meant
to be brought to the test of ose to be tried ; and,.
If then found insufficient to their end, to be re-
cuosidered, and even revised ; each of them ter-
minated with a recommendation of that kind. The
House would form some jedgment of the import.
mice of these Reports, when he told them, that
the first contained regulations frir Use expenditure
of their -duck-yards ; . anti that, among oihtta
• weighty matters, the 1 4 th Report propose 4 to re.e
• gul e the conduct of the Victualling Board. Es,:
erne of these things was the eisprceoif his ant:,
14. .1 Irese Reports hail nut been properly asp-
Plied and, had that been the case, they were
sever meant as absolute and irrevocable instruc-
tions fur the government of the navy) tiut to be
ftLilolh even %Wore acted_ upon, if. thoyit
Lord Melville expressedlis regret,hlideep 1•4111,-1
at the premature suspension of the serippirtabms
ga the Commissioners fur Naval fLeiislcin : if the
•Vublic paid a few thousands for them, .the,
public would have been effectually reimbursed.4y
the goad which that Commission would have dune.-
Regrets were, bowevei, now unavailing. All be
wished pow to do, all he could now hope, was.tO•
attract their•Lor:siship's 'attention to the great db.
jest be hail at heart. Ile entreated them not tot
abandon the conduct of,their navy to the caprice
of every Lord of the Admiralty ; or to the varla:•
titans of every Cetoptroller pf the Navy. Lord
Melville concluded by moving
" That as hamble Address be presented to his Majesq.
requestiag that he will be pleased to inform the Home what
steps had been taken coutormably to the Report or
Commissioners fit Bevel Inquiry; nod whether it war. the•
intention of his MajestY's Ministers to act oo tbs recutnisweil-r
ation of that report." •1
Lord MULGRAVE entered into a Wide and
circumstantial defence of the tbeasaes purstred'in
that department to Which he had the •horrour to
belong, and expressed some surprise at the drift
and spirit of the Noble Viscount's Speech, which:
he considered es not being warranted orsupperieo
by the facts explained or to be deduced rroro the
papers op their Leidships' Table. ' For hie pak4
• be was ready and glad to admit, that he had 'been
guided occasienatly in hie' official duties by the
ir experience of
sound judgment and acisphwledgd

HOUSE OF COMMONS.

411.. m.•••••

-

IMPERIAL PARLIAMBNT. . 6 Mitingehtted °Seer,. wheat its hadrbwistidtart
to name, Admiral Down. ° ire advetiwili with'
MOUSE OF LORDS. • some pleasant worm, upon4he satire seal anal
expedition with which the Noble Lord (Melville);
had posted tip from-Scotland to introduce his Mo-
tion, whiehr.ihowttor, from the reasons which
he had stated, ho found himself obliged to op.
pose. • '
Lord Mer.vitt.l explaitted, and after some foe.
ther observations from 'Lord Mut.aeArE, aFld a•
desultory conversation, in which Lord llor,Lato.o
and Lord IA cavoot partook, the motion was put
from the 'Woolsack, and. negatived. The House
adjourned a little after eight o'clock.

. •

FRIDAY, FEB. 9.
This being the last day for receiving petitions for private
Bills, a greattruinher of. petitions were presented, and ordered
to be re:erred to Cointnitteev.
A person from the India Hoye presented eertainnocounts
relative to the debts of the Nabob of the Climatic.
Mr. Hese (from the /lank of England) presented accounts
of the mow expended by the Cammissiooers ofghe.National
Debt, for the extinction of the said debt, in the course of last.
year. Ordered to lie on the Table.
Sir C. Po I. e presented a Petition relativetotbe delays in
the Admiralty Courts respecting primp, and the distribution
of prize money. Ordervtd to Bads the Table.
A Petition from the Catholics garbinsectc, swaying for an
equal partitipation in tbde rights of the Bsitisb Comaitution,
was presented, and ordered to liq on the table.' •
Sir LI)WARD O'BRIEN Irm—nted a Petition to the
sante effect, from the iLtiman Catholics of the county of Come.
Ordered to lit on the table:-
Mr. JEN KI NSON presented .additional papers relative
to the Schel It Expedition. prdbred to lie ou the table, and,
to be prioted.
Mr. B e.NIC ES mated fee the production of certain ac-
counts from tile Excise, for the assistauce of the Finance
Committer, which were ordered.
Mr. %YHA/MY% 'nought up a Bill for vesting certain
parts of Windsor Forest in his Ma)esty, which was read a
'first time, and ordered to !reread a second time.
Mr. VOIDING FON brought op the Report of the Malt
f)tife. sift, oeltich was ()Meted to be engrossed, and to be re-.
ceived on Moodny next.
The CFIAN C ELMS/I. of the EXCII.F.QU ER acquainted
t re noose, that his Muiesty- had bet., waived upon, with rite
r Address of the linose, for the protim tion of certaincommu-
iiientiosti.from the Anstrian Government relative to the Ex.e
pedition to the Selsrldt, trod n hies taw. Majesty had beet
graeieuslt pift:e3 d to order to be presented to tae House.—
fhe Pekrs were then presented, and ordered to lie uu the,
table,. ,
Sir F. llURDETT'presentzd a Petition from the -Inhabit-
ants of Westminster (t.ee the Proceedings of the Wegario-
' sire Meeting), proving fur a Reform in the Commons House
of Parliament. Ordered to lie on the table.
Mr. PARNELL roved; " I' hat the Report of the Com-
mittee, appointed its to inquire into the state of tae
Currency of Ireland, be re-printed:
Sir E. EN ATCHBULL moved for certain additional
Papers relative to time Expedition to the Scheldt.—Ortlered.
Mr. Secretary R Y DER presented certain Accounts relat-
, tog to Irish Rertefices.—Ordered to lie on the tattle.
MANNING: gave notice, that on Wednesday next he
should *inch to the loose a proposition relative to the New
Mvlnejusarance Ctunpany.
Thellostse then resolved itself Into a Committee of Ways
and Meiwi, when several Resolations were agreed to, and or-
dem/ Mire reported on Monday.
NOTICE RESPECTING THE CRIMINAL LAWS.:
Sir SAMUEL RO MILI.Y rose, in pentium*
or the notice which lie'gave a few evenings ago, to
brtpg otiderthe notice of this House soon) parts of
' stood. fie
ditty in call-
the subject.
well be,cou,
amendment In the
• hedlatekt eetieed
-to.nitare
capitally con.
ll* had been
had beet) trial.
a the number of
present stood, that
cousidered.as crintosH.-
*- Of death, tta.
as of the House.
long .been a .matter of
' paid attention
'I. that the list
'ith death was
any other be.

Which enacted
such seveLe .punishments were not acted upon.
ant was filis right? If laws were improper to
put into execution, why were they not.repealed ?
No laws were ever enacted except with a view to
their execution; and doubtless those acts which
now stand upon the statute hook av dead letters,
were rigorously enforced at the time when they
were • passed. Of this nature was the statute
which subjected any man to the penalty of death
who should be proved to hare been one month
in the company of gypsies. Sir William Hale
has recorded an execution upon a conviction.
.of thit sort. From the evidence of writers
.of various classes, it might very clearly be de.
.honed, that the sanguinary statutes enacted by our
tooestore were as: ssegninerily executed. iir4.3
Forti;scee, who we Chancellor to Henry. VLittf.
his Trentienon the Advantages of a Limited Mo.
nareloricwhich we* written during his residence in
Franee„ cet, the ,iperructioa of- Prince Edward,
the son- of that eofortutiate Monarch, relates,
fraTtref2 %trio* 'prior th itnetatver -yeertf'
tureseted ter highway robberies alone, thew in
Francs for oth-r critics in foil. years. In the
. reign of Henry *VIII. it is stated by Hollinithead
rand other etedible historians, that about :72,000
persons were executed, which was after tire Me of
about 2000 sr yiarl. during the reign of that mo.
march. In goers Elizabeth's time, the number
of execution, fill to about 400
that period to modern lintes, there were no data
`noon which tog*: 'sir Stephen Theodore Jansen,
who was some Owe (;lianthertain of the City of
London, published tabki of tbe, number of per.
sons convicted and executed hethal district, from
1749 to 1756, the rest* of which Went to shewi
that of 498 persons convict&f, Ste were executed,
beings 'proportion of about -three executions to
tour convictioos. In succeeding periods, a great
eimittution had takes, placebo:4mila the number of
eUnvie.sions and the number of dinteutionst in the
London district, froin,l9ol AlO,O/39,* only about
ose-eighth of the perrowleoiseideed were ozoosatd.
lie Was now speaking of therithole..:riingh of
'cri,tises, of those offenses which (Rey 40)
`inisidered as justly punishable with &mat of ha.
Fagan passiuns iyhieh are so dangerosi* let:tett,
of then violation, of property aecompaSied. by
AireUmstanCe/ of violence, er of itipery to eon+.
attice from their facility of perptiteillinig;* .foaled'
canna be sufficiently mtiarded *going; sir shil.l4;
guroesly punished .when detected. MO meant to

. ~

,---; -
dials principally telltale slabiteelthtels regardsif .•
. •
larceny," which,' as far at capital petsteitmentt
went, -were rarely put in eatanliwes. ile beg-
ged leave to, call the. attention of the House
to • the great *lo:portion:. between the
.. num- ,
her of persons.. aim bad Amen committed
in London . att.! Middlesei ..ifet • stealing in-
dwelling-hoe**, . UP.* value tlait reftderml that: '
Wee amenable id' the punhannent .of tie:salivated ;
Oil !Wilber of persons who of late yois -had see( 1
lesliy been executed. in 1806, 3161 persons
were tried for stealing in; dwelling-houses, of
whom only two were eaccated.. In 1807, 3451
were tried, and only onaexeduted. In 1808, 3738
were tried, • and none executed. The circum.
stances of the times rendered it impossible that all
the convictions for this species of offence should
be carried into effect.. Judges, jitters, profit,-
cuturs, and the Crown, all felt sensible that it was
impossible for the statutes in th!,se cases to be car.
tied into effect. This alone was Sufficient tot' itti..
reasonable men, that such inefficient and inappli-
cable laws otight no longer to remain on the eta.
tote book. It freqnently happened, that parties
were deferred from bringing depredators to pii.
nishment, • from the severity of •the penalty which
would be the result of their conviction, and per-
sons were thereby AA to the perpetration of crimes
by the impunity which was held out to deliu- f
quests. As the law was at present put in force, thel
Judges on the eirceits, arid Ministers of the Crown
In London, decided against whoin the sentence of
the law shoukl he put in', force. This he could
not liiiii.eonsidering as an unpleasant duty to be
committed to any hands. He would not,• how.."
ever, .venture at present to introduce • any' .great
change into our criminal code, bait tvesad only
suggest, that mere violstions of property, drill.
tended with any circumstances of personal yin.
lenceo .or dangerous effects to commerce, onght to
be exempted from capital punishments. He had
it in 'View to move fur a repeal of the Acts of King
. William. 111. which made it a capital felony, to
steal in' a shop to the valve of five shillings ; the
Act of goceu Anne to a similar effect ;Against
steeling forty shallop in a dwelling-house ; and
the Act of George IL against stealing to the like
value from any bark or vasael in any river or na.
vigable canal, or on a -wharf, fur any of which
offences persons found guilty, on conviction, were
liable to the penalty of death. It was true that
the extreme penalty of the law was very rarely
put in execation against such offentlers;. bat this
was not owing to the lenient), Of the laws but
to the practice which had of late years been adopt-
ed, of suffering- such matters to he decided ac-
cording •
to th) opinion of the Judge before whom
the matter .was tried. •This practice a -leasing to '
•the arbitration of the Judge before whom a cause
was tried, the sentence which -was to be. carried •
Into exception, was severely condemned by Sir
Matthew Iftde-and Lord Baciin. Ile thought• the
discretionary pewee -at present granted to the
Judges highly dat werons, and such as no men
would. desire to be°-vestell with. • Irksome cases,
the asetiore of a prisoner's defence, while -he has
``"toted to prove his tweet edoe' by is libiei-wlttek
- has thiseiht. ilh.estetlsiliheth that eircutn-
--ac'hiillarte•Snilist li lial
heti its a mutter of aggraelidoo; that the offence
was committed in a place whims such offences were
rare„ end _therefore that they ought to be check-
MI,
.or ' that they were comineof and therefore
ought•to. he imeisited to prevent their nitiltiplica.
don. Many kisfairceta might its adduced of the
differmit judgmeots• whith fret been p-ionounced•
upon Mellow offence by different Judges. • Here ,
the Hon: and --Learned Gentleman gneted some
cases in imiut, - anti concluded- with moving roc
leave to tiring
,in a Bill`to repeal so nine!) of this
. Atli" of the: 10th and.llth of Willi:on 111. which
took away the benefit Of the ctcrgy.frum persors
stealing in a shop to the value of five shillings; so
much of theiAtt of Qiiecn Anne which relates to
stealing iti'e dendlitig-house, warehouse, &c. &c.
to the value of forty. shillings ; and of thei Act of
George 11. from a•icisel in any navigable river,
&e. etc. -
Mr. WINDHAM spoke against the Motion.
Mr. HARVEY would not oppose the Motion.
The SOLICITOR.GENERAL could not but
avow that he had a great predilection fbr the ex.
isting forms of law, .and should view all proposed
innovations *rill a jealOtie eye.
Mr....W. SMITH made sump observations on
.what fell from the Solicitor-General, andapproved
of the Motion. , • . . •
- The SOLIGITORGENEIbAL explained.
The CHANCELLOR of the EXCHEQUER
said, he Shenk! not oppose the-Motion in its pee.
Cent Stage. . .
Sir S. IMMIX rtreltea that' he had been
miseetigeived tn almost. !,Fey_.G.ltittteman vtho had
IsiZeniAxrt In"Wifitife: Wiiiteitter i.filscontqi,
Hamlin. ailsrejnatentitions wadd deter him front
ids present purpise; ' • •
' bort! GEORGEGRENVILLtattpIorted the
t
Motion,. which lees then put, and leave granted.
M e. HUTCHINSON Moved) that a nAtlilr'ess he
presented to his Majesty, Offing him to cause to
be laid on the table of the House, Copies of such,.
aornrattnicasions as might have been received by
. his Majesty's Ministers relative to tine state Of
Antwerp, previous to the iailini of the Ifiapiali.l
(ton to the Scheldt:
At the suggestion of •Mr. HydetV be itt.re no.
tice for-Monday. - . . •
Loid PORCTIESTER moved the Order of the
Day, when
_strangers
.werc ordered to a ithdra w:. .
. . . .. ..
It is a well-known Gici, that many persons were Aisn'lll4l;l-
td of their chance in the last Lottery'. by dt I.t‘ing their .par-
chases:- the. OfEee-keepers can explain this 1. (sr. had suer
complied with the orders of their country agents on the third
or fourth days b'efiwis the Lottery commenced 'drawing, they
*mad nor have heeriabfe to hove supplied•the tuetrinintlii,lsis
more then 194M:were solfl oat of 26041.
4 4
yarkingi4lealuiLheabetPyetiLT:rireeirvinoslittu'inlw:stliritleiihtboe!otornaibustnihtle7lenditGiralyu:Gui::iftealajtrrPaestitphtheriKelisisuriturre:;:fltitsi:k6lfn:t fefeT:
distriboted ou V at.urrrtnis DAY,
To oretitenslte Gores . .
_ .
•
I. Of tfu-naDtruyslibares . :
la the preemirivflo uery, eonsisiing of Forty Capitaht
•-kinly Nun030 me, L 503 Ypres, all of which will be
drawn on the above day:

- -
the'

VP. AV. lr
• N..

ild not agree that the .arltainat. law as..it at- present
obly fought, was thotight-he was discharging a public
jai -the -attend* of the House to
and carried with. What hal ird to,propose could nut so
slilerMl en ittijrvioa as an . amendt
v. • Crimissal Law.. • The Papers ho had I
the ettentlea of -to km Ned ..bOaire the House - spent it
the Caartaission: wistaber 'of • Gas who had .Ipech cc
ep4k
he Reports to be rioted. of Ito ears; the numbers wi
mil on which, be eareattall he numbers who bad
opinion in that ported-. It - sr hos/ever, only to th
of party, but a offences, which as tho law at present
icet. Ills Lnrd. by the stiittjletter of it were euusidet
he origin of the fit to•imOleillird with the punishment-1
of bis Motion. which-let aheuld direct the attention a
,iiut, no reolar It was ase ect which had long _beer
since the close ccruplaiat.. Mb all those who had pa
Le Reports were, to the tri nal Law of the country,
of that House, of offencesiwhich were punishable wii
yet attempted to more nomprous in England than in a:
rarious astracts lion. It was said, that the laws W;
. .