The Statesman.
London, England, 1822-01-04 00:00:00

SErERITY OF PUtVISH.VEXT.

Benet from the Speech, (lately published) of
Thomas Powell Buxton, Esq. in the House of Com-
neon., Wednesday, May 23, 1821, on the Bill " for
mitigating the Severity of Punishment in certain cases
of Forgery and the crimes connected therewith."
Though some records are handed down to no, of
the discussions during the last century in this House,
noon a multitude of points of little significence,
hardly a remnant remains upon the subject of Cri
reins! Law; and yet, during that period, our penal
rode has been quadrupled. Upon an average, every
year of that period was marked by the enactment of a
capital offence; besides those occasions in which the
legislature, as if tired of tedious retail method of con-
f ning one capital denunciation to one statute, had
Leaped together; had faggotted, fur that is the only
term which is applicable ; fifteen or twenty of such
enactments in one heterogeneous mass. 1 remember
a case in which, in the same paragraph, nineteen are
thus bundled together; one of whicis is for a civil
trespass to the value. • Intel:tee, and another for
tLe worst species All these acts, as far
as I can learn, pas • io, without debate,
inquiry, examinat or any general inte-
rest. This abseetat " I Ogussion is in itself co gem
proof of the indifference and carelessness with which
theft acts were passed.
But, there is proof much more conclusive. The
House will use me for repeating an anecdote fur.
merly a by my honourable and learned friend
(Sir Ja Mackintosh.) 1 advert to it as matter of
evidence ; and, as evidence, it comes to as ill a most
authentic shape. Mr. Burke told my honourable and
learned friend, that, hurrying out of these doors one
might, he was stopped by the Serjeant at Arms, who
entreated him to remain fur a moment, to keep the
number composing the House complete. Mr. Burke
pleaded extreme haste; and the Serjesat repelled that
plea by saying, that the delay could not possibly ex-
" reed a few moments, fur "it was only a Bill for a
, felony without benefit of Clergy."
1 remember also to have heard another anecdote
from an honourabla friend of mine near me (Mr. Wil-
berforce.) Sir William Meredith happened one day
to go into • Cominittee-room, fur the purpose of
writing a letter; at one corner of which he observed
a gentleman seated at a table, and seemingly asleep,
to plum a clerk was reading a piece of parchment,
which looked like an act of parliament. Sir William
was centionally loterrapted by a kind of chores, with

death
liam said,
Toe U.

.
4. Why,
gentlemen
OW torsips—eve
period to the pract
has been so obliging
without benefit of clergy.
I\ow,l ask, Sir, are laws thus recently and thus care-
leuly enacted, some, as Lord Bacon says, " open the
spur of the occasion,"—acme is moments of passlon and
.irritation—in baste—is feat—are these lads to be called
the old pillars of the Cosstitition? laws that ent-
torted by
ea rad
private Interest, and tints to illitical
i
subserviency—are these laws too for 1.11•1111011 ?o 1
And. who are the persons, in defer itleists we aril
146
to put human beings to death? A .- sol•bey nand
tell you who were the legislators of , pow Antes of
Oreece; but who are the Solow sod the Lycergi to'
whom we are indebted for these Jaws? Certain
anonymous gentlemen (for History retains their deeds.
while their names have ;mooed foto oblivion) of
whom we knew nothing. hat that they were the aletheee
of a multitude of bloody statope--ma4 to what olsolli.llll
life they belonged, we cam only guess, by their si-
perioritv to the ordinary prekeilices of grammar and or-
thography. li
7=7;117 ..
.
On Thursday se'onig;:ilemo et the memo of
Loochlane Maclean died at rollokshaws, who, accord-
ing to the best information which cies be °hothead. was
within a month of the advanced age 01,105 years. Os.
belonged originally to the Non i of Mall, hot balk& it
when he had attained to manhood, and visited a new
her of places in the Highlands, working at any kind
of out-door employment widels came ha his way. He
was three years and six months in thr Argylo shire mi-
litia, was discharged on Glititgow-ereen about 1763.
and at that time settled at Folloksimats, where he re-
mained till his death. Thralls-life-he was contest
with a scanty portion of comiton eriatise couutry fond.
He was stoat and laborious, Peed lived by taking jobs of
cutting wood, trenching, &filing, and banking.—lie
was es excellent road-maker. Under Ils direction coo-
siderable improvements were made os the lands belong-
ing to the Pullok, Blantyre; and Bgliegton families.
He was known to, and freittently employed by most
of the gentlemen within twenty miles. For a long
period be kept a numl-er of stout Highlanders under
his employment ; and as they wereeccasionelly paid
in a change-house, a drinking boot feelsently follow-
ed, and Lauchlane and his Celtic auxiliaries have
been " fa' for weeks thegitber,!'so that it was .either
ease, delicacies, regularity. 'nor strict tamp*
which insured his astomiehing longevity: Like
Homer's heroes, and inde d like almost every. old man,
he maintained that wool ii 11 were prefressively dege-
nerating in stature, siren le, and jsearage. and with
great complacency he contrasted tlianty fare, coarse
deem ardent spirits, brawny force,, and physical
powers of his youthful co Mem with what he eon-
aislered she refieed. plaelßsltibeeililty. et Are
day. When on this topic he need to derlare that they
were" sturdy, stripping fellows, content wi' their sin
kintra gear, Boise. bear, oat„, or bean-meal bannocks.
milk sod fish, were a' they tot aid waked), a' they
sought, and clad i' their Higtslattil plaids, wi 'their
kilts and bosnets, the wad a' scoured o'er the hill, 20
miles io a eight at leers, through winter's wind sod
rain, or frost and snow, either to see the lassies or ob-
lige a neighbour. My word, they were na like the
pith's.s bodies now-a-days, that mans Lee their Indian
tea and trubtrie, and gang 'boo Nottor'd is plaid's,
or brew English claith, an' yet and canna ,tan' the
least cauld northole the least bit drithe o' weet for't
a." Happily for Lauehlane's consistency, be fully
maintained the truth of his ancient aid fantastic
theory is his own person. After the year 1795, be
wrought mostly in the neighbourhood -of Pullok-
'haws ; anti he retained Lis plodding frugal propen-
sities to the last. He possessed a small property,
which he thatched and otherwise repaired with hie
ocn bands, during the summer of 1819 ; and till a
short time before his death, when the weather would
permit, he wrought in his garden preparatory for an-
other spring. which he was never to see. He was three
times married, was the father of three sans and two
daughter«, and he outlined all his children, except one
son who resides at Pollokshaws. He married his last
wife, now his widow, a decent stout woman of 24
years of age, when he was about 93. About 5 years
ago, he got three new teeth, and his sight and memory
were little impaired. He declared that he never Lad a
head-ach in his life, and he was confined to bed only
about fire days. On the last morning of his life, he
gave his relatives and visitors some appropriate ad-
vice, and retained his speech till a short time before
his death. Abost eleven o'clock at night, he made
an expressive signal for his friends, and accordingly
his wife, his son and slaughter-in-law, and eight
grand-children, were brought to his bed-side, and
when he had shaken each of them by the hand, he
stretched himself, and in ten minutes was a. more.

44411.

whether tradesmen were to
merely becaese they happen-1
badness 'Mile the precincts of an
Magistrate should be informed
uniformly paid the poor rate.
t of the watch-rate upon
the isbabitasts of the lan

, early hoar in the evening,
employed t 0... own private watchmen, and there-
fore wanted no others; and. secondly, that the Act
upon which this claim was attempted to he enforced.
•ught to be considered obsolete. inasmuch as it bad
Seen passed more the 60 years, and this was the first
time it hid 'ever bees acted upon. If the first ground
of resistance could avail, all persons who chose to em-
ploy private watchmen might claim exemption en the
same plea ;. and with respect so the Act of Parlia-
ment not baying been acted upon, although it was
passed so many years ago, be begged to say that was
a fallacious reason for the non-payment ; the Act was
a public and renerat, nets private or local one. 'MAO
remained in fa force emtil Wetted( be repeated. Th.
„Alagistiltee at 'goalie • poline•oilee were applied to'
upon this matter some time ego, 'sad they refused to
grant the warrant; upon *hick to application was
made to the Court of Ring's Bench for a nisielsomvs to
compel the Magistrates to issue their w , but this
was also refused by the Judges, on the ground that
they might be compelling the Magistrates to &That
which, if it should afterwards prove to be wrong,
would subject them to an action for damasres.
Mr. Aoncenus, for Mr. Tmaginits, eontended.Vepu
the inhabitants of an fun Weft likes pgipate family,
and they were not liable, individually, ro elaimeof title
sort. If there was any liability, the whole body of
inhabitants collectively were liable. Mr. Vaughan's
having paid the poor-rate bad nothing to do with the
question at issue. Servants living with the'ffilltabit.
ants of an inn of Court gained settlements, and might
become chargeable to the parish, and the inhabitant'
of course contributed to a tate upon which their ser-
vants mirth* hereafter have I claim.
The Illizistrates, after heoriog Counsel at great
length, declared their °pillion that Mr. Vaughan was
clrsriy liable, and they sfictold have no hesitation in
gramthsethe warrant.
The distress was accordingly granted, and Mr.
ADOLPIII:11 said the question would U. brought ultimate-
ly berme another tribunal.
Henry Broma, Thos. Stokes, alias' frillimna, .11Ery
Ana Fetes, Henry Brooks, and 11logra Lyons, the per-
sons charged with bring concerned in the burrlary and
extensive robbery at Mr. Frost's, of Arundel-stmt,
were finally examined and fully committed for trial.
Sir R. Bionic ached whether the landlord of the
Rose and Crown in !Wallin-row, was present. as also
the landlord of the house where the female prisoner,
with Charles Newman, resided, Ile was informed
that the landlady of the Rose and Venom was in the
(,Mee. but the landlord
and
not possibly attend. The
lason adi si thetEose Crown, upon being asked
'by Mr It. Itirale, whether al!! knew woof the parties.
replied iti the. negative ; bat idosifted that her house
was searched one night under a privy search warrant,
when the prisoner Brooks happened to be there.
William Jettison, on being sworn, deposed as fol-
low • :—He resided at 26, Turamill-street, Clerkenwel I ;
that he was one of the constables of the wish of St.
John, and that he let an apartment to the female pri-
soner some months since, and that Charles Newman,
the person implicated in the robbery passed as her
husband. On the morning of Tuesday, the 20th of
November last, about four o'clock, be was awoke by
some person proceeding op stair.. Witness said, that
just before that period, another (the only other) lodger
went oat ; be was going to rise early, therefore
t! as not fast asleep; he heard Charles Newman call
Mary, which is the female prisoner; she got out of
bed and let him in ; witness said he heard the door
shut; the prisoner's room was over his bed-chamber,
bat hr did nut go out. Some time in the course of
that day an Unfinished broach was brougl.: to him
which had been picked op on the stairs by some per-
son : witness had shewn it to Mr. Frost, but he could
not identify it as being his property.
Sir IL Maxis then ordered the Clerk to bind over
NI
the venal witnesses, which was accordingly dose,l
and y mein all committed for trial.
T complice Brown is committed to the House
of Cot- tion, in order to give evidence. The Office
was crowded to excess.
FIATTON GAUD/M.—Yesterday, Thos. Cole, appaiuntly
about 20 years of age, was brought up by Childs, • pe-
trol, of Red Lion-square, charged with plundering as•
nverous watchmen's boxes, of bread and cheese, candles.
Bibles, &c. &e.
For many months past the watchmen in the neighs
bourhood of (;ray's Inn-lane hove (during their absence
in going their rounds) had their boxes nightly plea-
dered ; some of bread and cheese, ()Haricot' their ems-
fort ; one unfortunately left a pint of porter on his east
whilst he just went out, and on hia return, to his disap-
pointment, he found some friend had made free to drink
it; another left a crown paper of halfpence on his seat,
and that was stolen en his return ; another, who was a
very religious character, would keep himself awake by
reading the Bible—one night be had gone round his
beat and put the Bible aside, and when lie came back
some person had decamped with it; another lost a nice
supper, which had just before been brought him by his
spouse; another lost his tobacco-box; one poor fellow
happened to have a spun Welch wig, which he kept
lianging up, and on going to take it down, be found it
bad been taken down before. In consequence of the
many depredations that bad been committed in the
above manner, the guardians of the night-held a coun-
cil in Eagle-street Watch-house, when it was ascertained
that a man was constantly in the habit of lurking about
at night, and if a good opportunity presented itself, he
commenced his plunder; but if the watchman was sit-
ting io his box, the man would ask him the hour. The
watchmen, therefore, kept a strict watch. The prisoner,
yesterday morning came up to Child's bpx, and inquired
what it was o'clock, when he apprebeaded him on sus-
picion of committing the robberies. He took him lb
the Watch-house, where be was wombed by GeorgeTems
lin, a Watchman; • large quantity of bread and thesis,
and cold meat were found upon him, but the provisions
could not be 'classics& ; also a Bible, with the same of
Francis Claridge written on the By leaf, a tin anodic
cue, and *gin bottle.
Claridge a Watchman, in North-Mixes Braf's liu•-
.

...
' ' • • ..ihtt;sed I /* .
-- - --- - -
• • ' -fit • the -i
every Paragraph mmolude#:
_,, 101111- se ea y questios bent was •
wittiest itenelit of 'CitygY," 4 t tengtb.Bir Wit- 'be "tempt from the rate. mei
aid. .' What may ibis het he ',bleb ed to catty ottheir blithest
are visiting with u• telarlinill.;yllllN/rt lieu of Court ? The Magis'
y, Sir." replied the teed '" . Is in swan*? that Mr. Vaughan had II&
;men have suffered Intel depretlethee ea het ite resisted the payment
traipe—we have et imigth to le Pat a these grosode : first, that tl
l to the practice; and wined friend the minister
.en so obliging u to. ullutuanta make it death had the gibs . , closed,n at ea „e
fit iS/110fit nr Aare., n _ 2.110 employsayur own pn