The Statesman.
London, England, 1818-12-11 00:00:00

wool trade,
tel to be re
who bainot
with a cons;

some ii

this law enft

dictment might well lie against them for wearing.
coats of such scanty size, and omitting the geed old
contlitulional broad daps and skirts, which the law
I allude to bad in view."—(hear, hear,! and a
laugh.)—Mr. Favell emitterlied. He did not mean.
to treat the subject with levity, but it ens imposaH
ble not to be struck with the abserrilty which that
existence of such laws cast upon our vrholeCOde.
There was another law, which had been tepee. 1
upon the motion of Sir Samuel Romilly, by yid
soldiers appearing in arms or military' dress, in time
of peace, were liable to be put to death. This 'irks.
made at the instance of the feudal Baton', Whetters
anxious that their vassals and retainhs Shoold, he
soon as their military service was espit;l, reliant to
the plough. The conviction of the inequality of way
of our laws was so strong on the mind of his late.l
Majesty, George IL, that it was said he never'sigi-
ed a death-warrant under soch circomstaecea, will.
out betraying every symptom of impatiehce and
displeasure, by whirling his hat round and Inning
iu apparent anger up and down the dram. -alio
should also mention a remaik made by pis-, ',..i.
Majesty, on an occasion when the Resorde ;
.tie
his Report to him of the pintoes who had ..-.., -'
pitally convicted. It watirst necessary (4°644'4%01M
though pickings pocket was not a capital felony, yet
that taking any thing privily of the value of Is. tram
the person was punishable , stith death. On 04 oc-
casion to which he alluded, On@ Rmeorder bad to re-
port the capital conviction of a Menjor Meiling
privily from the person. ThiKing asked what" that
meant, ea distinguished "rout picking a pocket ? To
which he. was answered; that it meant tallug thit fir;
tide without the knowledge of the party from Whom
it was stolen. " Why," replied his Majesty, " I
had always understood that the veil esience of pick-
ing a pocket wa', that it should be done as much
without the knowledge of the party as possible." The
King refused to sign the death.warrant, and the
criminal was ordered to be transported.—(bear,
hear !)—These facts, though in themselves simple,
were sufficient to show the Opinions- entertained
by the first men In. the country of the severity
of our laws, in many cases of minor crimes. In
further illustration of his argument, Mr. Favell
quoted the opinion of Lord Grenville, in reply to
a speech of the Lord Chancellor's against a proposed
mitigation of capital punishment, in the case of
stealiog privately under a certain value. Loral Gren-
'Hie in his answer said, " According to the view
which I take of the case, the only question for' the
consideration of the House is simply thia---4 Is the
crime of stealing privately in a shop to the value of
five Shillings, an offence to which the punishment of
death is fit to be attsthed ?' I came to the Muse
this night for the purpose of voting foe the pre-
sent Bill, because I think the punishment of death
unfit for such an offence. I cannot imagine any
man to be so deluded as not to perceive that
the question is simply this—' Aye or No; is Hp'
punishment of death a fit penithrnent to k infliCiell
for the crime of stealing privately in a shop to the es-.
lue.of ss. ?' This, I contend, is the real question
before the House, and every one of lorselesikshis4
roust make up his mind to thb affirmative di neetivie
of this proposition, before he ventures to gives his
tote upon the present Bill. If the argument of the
Noble and Learned Lurd (the Lord Chancellor) is of
say avail, it will warrant the conclusion, that it is.
only necessary for your Lordships at once, and for
every offence, to enact the law of Draco."
" The Lord Chancellor.—l must interrupt the
Noble Lord, to assure him that I never made the as-
liertion, or even insinuated, that the punishment
of death is fit for every offence."
• " Lord Grenville.—l do not impute any such as.
eertion to the Noble and Learned Lord : I only main.
taiu, that if the Noble and Learned Lord's argument is
I of any avail, it necessarily leads to this conclusion. I
do not attribute such a principle to the Noble Lord,
but I attribute it to the Noble Lord's argument as
a necessary inference."

The Gentleman then went on to show that, ac-
cording to the opinions of the most intelligent men
in every age and country, the great severity of pu-
nishment tended rather to increase than diminish
crime. He added, that the discretionary power
which such severity of the law put into the hands of
the Judges, was often productive of the greatest ine-
quality ; and he instanced the case of two men who
were detected, in Suffolk, in the act of stealing some
fowls, one was arrested on the spot, and the ether
made his escape. lie who was arrested was tried
and convicted for the offence before Judge Ruller,who
not thinking the crime of any serious magnitude,
sentenced the man to three months' imprisonment.—
The other man was arrested in some time after, and
convicted for the offence at the ensuing Assizes be-
fore Judge Gould, who having a different opinion as
to the enormity of the crime from that held by Judge
Buller, sentenced the unfortunate man to seven
years' transportation ; and it so happened that of
these two men, the one was leaving his prison after
the expiration of his punishment, at the time the
other was setting out for Botany Bay, to undergo
•a more severe one, though both for the same
offence; bat this was because the law was uncertain,
'and was left to the discretion of the Judges, who, as
the best men do at times, differed in their opinions.
That over-great severity tended to counteract the
-law could not be doubted by any men who had paid
any attention to the effect of punishment in any
case. Lord Bacon said on that subject—" There
'tiresome Penal Laws fit to be retained, but their pe-
realty is too great ; and it is ,ever a role, that any
over-great penalty, besides the acerbity of it,
deadens the execution of the law." In fa•-t, pro-
secetors were deterred from giving evidence, by the
dread of that odium which will sometimes attach,
for bringing en unfortunate criminal to capital pu-
niqhment for a comparatively small offence. That
odium was not created by any want of disrespect to
the laws generally, but cruelty and severity of some
taws in particular, and was in itself one of the
strangest grounds for his proposition ;_for there was
Salting more incumbent on public authorities than to
hoe laws which would be geuerally respected; for

THE STATESMAY;

. ! .
..• :

1,
unisheresita„ `ahe who knows not hose often rigor-
ous laws produce total impeoity, and how many
crimes are concealed and•forgettee, for fear of bur-
ying the offender to that state in which there is no
lepentance, has conversed very Hale with mankind.
vd,' whatever effitliets of reproach or coetempt. this
'compassion may inner from those. who Coisfound
cruelty with firmness, I. koow not whether any wise,
min 'would 'wish it less powerful or teas ezWusive."
Instead of those severe capital punishments, he
would; if he were to suggest 'any thinghefore the.
subject came under the consideration of the Legiala-
tore, thee there should be substituted a degree abate
labour, or solitary imprisonment, proportioned to the
enormity of the offence. Hp would also suggest, aka
great prevention'of many crimes, that greater anen-
t. •
ton should be paid to the discipline and morals of the i
i prisoners then there-was at present. That excellent
j I Ady., Mrs. Fry, had, in her own esettions for better.
log the condition of prisoners, given an admirable,
proof of the efficacy of this pile. The gond elle*
of substituting Less severe punishments fOr minor 01.
fences, were, he said, latrortgly eseenpliied i*- life
treats/at of criminals in America. Of this he'ilted
one or two strong instances, Which our limits will
inot allow us to insert. By the extreme severity of
many laws which were, in few eases of conviction,,
carried into execution, there was that uncertainty of
i puaishment, and conhequent chance of escape, created
1 in the minds of the lower orders, which were most
favourable to the increased commission of crime. In
point of fact, the pardon should be an exception tot
. the law; betehere the law was made an eareption
to the pardon.—( Ilear, hear, hear !)—The Jury,
in many cases, took the law into their own handl,
and altered it in the prisoner's favour.—[here I.
alluded to the cases mentioned in the Advertisement,
which see.]—He then went on to show, that thee,
inequalities of law and uncertainty of punishment
were productive of the worst effects on the minds of
prisoners, even after conviction ; and that to' Ala
Moment the warrant was announced for their ewes.
don, their sole object seemed to be to devise some,
means, by entreaties on the part of their friepdsoo4,
avert that awful catastrophe ; and in support of thief
be gave the opinion of the Rev. Mr. Ford. Hi 11114.7
quoted the opinions of Dr. Leasom and ihe Rata
Rowland Hill, to show the effects which lenienti
treatment was likely to produce on the minds Of.per-4
I sons convicted of minor offences; and concluded,
amidst loud applause, by moving the Itesoletions.—.-
I [See Advertisement.) .
! Mr. WILLI vats rose to wand the motion for re:
milting the Resolutions. He said it cnold not lael
i contradicted that throughout the kingdom at largei
1 crime had of late tskeu the most alarming strides.—
..
1 The condo') then was, what was the came of Ms,
increase? Perhaps it aas in part from the recent!
termination of a calamitous war, and from a variety.
i
lof other causes. Had it not been for the Bible go.,
tiety, and other Societies, appropriated forthesitketal,
instruction of youth, the evil of the increasing pee-,
gigocy of the times would, no doubt, have been Mt.
in • more alarming degree. lie folly believed tbut
..
greet cease of the increase of crime was tiall
uncertainty of punishment. As our Criminal Cedr
now existed, there was a vast number of chances to one
of a culprit escaping. The disproportion of punish-
'ment to crime was an evil which most seriously called
for reform. It appeared from the statement of the
Member who proposed the Resolution,that no less thee
`2OO offences, of various shades of guilt and degrees
of enormity, were indiscriminately punished with
death. lie wished to speak with all reverence both
of our laws and of the mode of their execution ;
but he apprehended, notwithstanding, that both
one and the other, in videos instances, rather led
to, than deterred from, the commission of crime.—
Partiality in the execution of laws was a thing alto-
gether to he deprecated—it was productive of the
worst effects. It but very lately happened, that two
men having been committed for the crime of forgery,
and one having pleaded guilty, the other called him
a hen-hearted rascal, as, if he had not done so,
they would both have been arraigned on the minor
offence. The extent to which our Penal Lives had
now swelled was truly ridiculous. All were re-
quired, and supposed to be acquainted with the
Criminal Law ; yet, he asked, could any, even pro-
fessional men, read and recollect the multifarious
penal enactments on the Statute Book ? Some
of them were disgraceful to a civilized natio?:
—There was a law, yet unrepeated, visiting with
the punishment of death any person • guilty of
aiding or assisting a hobgoblin. But they should
not forget one principal cause of the increase of
crime. He believed that the great licentiousness.
of modern times had produced much of the evils of
the day. Neither was it to be suppressed, that the
too great !ashy in executing the existing laws by the
Magistracy, and deputing others to see punishments
indicted on the convicted, had contributed to dimi-
nish the feeling of solemnity and awe that ought
to mark such eshibitions, and thus remotely en-
couraged guilt. He believed that negligence .and
lightness in dispensing the punishment decreed
against minor offences particularly, had frequently
confirmed the juvenile delinquent in his vicious
practices, and deprived society of the benefit which
would result from his reformation ; a mistaken
sense of humanity also to early offenders was too
often the source of delinquency and the nurse of
crime ; but, above all, the multitude of offenders
in this great city was mainly originating from,
and attributable to, the great number of abandoned
women allowed to range through the streets. In this
and other respects he had often had occasion to
admire the exercise of humanity, while he could
not but believe that an impartial judgment, and a
little necessary severity in the case, might have
sowed the seeds of reformation, and secured a return
to the paths of virtue. And had our prisons been
made an occasion and means of moral discipline and
improvement to- their unhappy inmates ? Troth
obliged him tts say, not. It was undeniable, that
when a criminal had been convicted of a capital of-
fence, and escaped death, he should be compelled us
long as be remained in Vtialli to work, both to belie-

1 F11:4 •-7 I .C.V. . 11.01,-,..v...... A i •
lIIMINSMOIMMIIk 411. -,; b , , 4-.-- • .
e, by which coats made smell ste nocelew.. Piss t res _ for the laws c ,elLat t
,ore, andemir, 000 is leibi4 UrPh**,
otfiis• voit matio ti.ertill Ind ;nipper .14e T. ~,lire..ll ofiii4l ;bid by gitabipeaidi
.iibit: tib-
shforsblo lea Wiry acted). Indeed, I mime 7 ~.1,90r Vs, .
intention'not tong back of seeking tohave " Fol terror. ant for eF.e,la time the rad
&root% more mocked than feared."
nforced by instituting an indictment against To this might lie added the oplaiois of. lll:Jahn-
-11/"1" wiled dialtdift ; ei'd I think en le- son, who laid in his idmirablo Essay nn Capital