The Statesman.
London, England, 1812-02-03 00:00:00

tion which you are entitled to ask, and to which I
have the means of affording you a satisfactory an-
swer. The Criminal Records go back to the year
1756.—Fr0m May, 1756, to May, 1763, the capital
convictions amounted to one hundred and forty-one
—and the executions *ere forty-seven.—The annual
average of persons who suffered death was almost
seven, an the annual average of capital crimes as-
certained to have been perpetrated was nearly twen-
ty."' From May, 1801, to May 1811, there have
been one hundred and nine capital convictions. The
annual average thefore of capital crimes legally proved
to have be; perpetrated during that period, is be-
tween 15 and 16. During this period there has
been no capital execution. But as the population of
the island has much more than doubled during the
last 50 years, the annual average of capital convic-
tions during the last sever' years ought to have been
40, in order to shew the same proportion of crimi-
nality with that of the first seven veers. But be-
te cell 1756 and 1763 the military force was compa-
ratively small. A feW factories or small ports only
depended on this Government. Between 180 1 and
1811, 500 European Officers, and probably 4,000
European soldiers, were scattered over extensive
territories. Though honour and morality be power-
ful aids of law with respect to the first class, and
military discipline with respect to the second, yet it
Might have been expected, as experience has proved,
that the more violent enormities would be perpetrated
by the European soldiery, uneducated and sometimes
depraved as many of them must originally be, often
in a state of mischievous idleness, commanding in
spite of all care the Means of intoxication,' and cor-
rupted by contempt for the feelings and rights of the
natives of this country. If these circumstances be,
considered, it will appear that the capital crimesl
committed during the last seven years, with no capi-
tal execution, have, in proportion to the population,
not been much more than a third of those committed
in the first seven years, notwitstanding the infliction
of death on 47 persons. The intermediate periods
lead to the same results. The number of capital
et imes in any one of these periods does not appear to
be diminished, either by the capital executions of the
same peri.al or of that immediately preceding.—
They I:sr no assignah'e proportion to each other.
In the seven years iatmcdiately preceding the last,
which were chiefly in the presidency of my learned
predecos -or, Sir William Syer, there was a very re-
markable diminution of capital punishments. The
average fell, from about four in each year, which
was that of the seven years before Sir William Syer,
to somewhat less than two in cacti yea!: yet the ca-
pital convictions were diminished about one-third.
The punishment of death is principally intended to
prevent the more violent and atrocious crimes.
From May, 1797, there were 18 convictions for
murder, of which I omit two, as of a very parti-
cular kind. In that period there were 12 capital
executions.—From May, 1804, to May, 1811,
there were six convictions for murder, omitting
on which was considered by the jury as in sub-
s.e.,ce a case of manslaughter, with some aggra-
vatio,; The murders in the former period were,
ti)erefore, very nearly as three to one to those in
the la tter, in w ..ich no capital punishment was inflicted.
From the numbs of convictions I, of course, ex-
clude those cases where the prisoner escaped, whe-
ther he owed his safety to defective proof of his
guile or to a legal ob.:ection. This cannot affect the
justness of a comparative estimate; because the pro-
portion of criminals who escape on legal objections
before courts of the same law must, in any long
period, be nearly the same. But if the two cases
..one where a formal verdict of murder, with a
recommeedation to mercy. was intended to repre-
sent an aggravated manslaughter; and the other
of a man who escaped by a repugnancy in the
indictment, where, however, the facts were more
near manslaughter than murder,—be added, then
the murders of the last seven years will be eight,
while those of the former seven years will be sixteen.
This small experiment has therefore been made with-
out any diminution of the security of the lives and ;
properties of men. Two hundred thousand men have
been governed for seven years without a capital pu-1
nishment, and without any increase of crimes. If
any experience has been acquired, it has been safely!
and innocently gained. It was, indeed, impossible
that the trial could ever have done harm. It was
made on no avowed principle of impunity or even le.:
silty. It was in its nature gradual, subject to cautious
reconsideration in every new instance, and easily ca-
pable of being altogether changed on the lent appear- ,
ance of danger. Though the general meth be rather
remarkable, yet the usual maxims which regulate ju-
dicial discretion have in a very great majority of .
cases been pursued. The instances of deviation
from those maxims scarcely amount to a twentieth
of the whole convictions. I have no doubt of the
right of society to inflict the punishment of death on
enormous crimes wherever an inferior punishment is
not sufficient. I consider it as a mere modificatleaeC-
the right of self-defence, which may as jusly be
exercised in deterring from attack as in repelling it. !
I abstain from the discussions in which benevolent
and enlightened men have, on more sober principles, I
Ondeavoured so thew the wisdom of, at least, confin- .
ing the punishment of death to the highest class of
crimes. Ido not even presume in this place to give
an opinion regarding the attempt which has been'
made by one, whom I consider as among the wisest ;
and most virtuous men of the present age, to render
the letter of our penal law more conformable to its !
practice. My only object is, to shew that no
has hitherto resulted from the exercise of judicial
discretion in this Court. I speak with the less re-
;terve, because the present Sessions are likely to af-
ford a test which will determine whether I have been
lactuatei by weakness or by firmness, by fantastic
Scruples and irrational feelings, or by a calm and
Steady view to what appeared to me the highest in-
terest of society.
I have been induced to make they? explana-
eons by the probability of this being the last time
of my addressing a Grand Jury from this place.
—llls Majesty has been graciously pleased to approve
of my return to Great Britain, which the state of my
health has for some time rendered *cry desirable. It
is therefoie probable, tlmugh not certain, that I may
begin my voyage beforethe next Sessions. In that case,
Gentlemen, I now. have the honour to take my leave
of you, with these serious thoughts which naturally
*vise at the close of every great division of human

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