The Statesman.
London, England, 1819-02-10 00:00:00

ABOLITION or TRAL fly WAGER OF BATTLE.

The ATTORN EY-G EN EKAl.wes aware, when
he submitted that subject to the consideration of the
House, that it had at different times bees mode the
subject of public discussion. I. believed, however,
that it had wiser been submitted to the Howe to
consider whether the %Yager of Battle should be also.
lished. It had appeared to him, that those discus-
sions had always taken place when circeinstences oc-
curred that inflamed the passions of the Public. The
appeal of murder was a very ancient proceeding. He
did not say that that was any reason for abolishing it
but it was interwoven with an @bawdily ; for as it
stood at present, it violated one of the principles
of justice, namely, that a man acquitted by a com-
petent Jury, cannot be Oriel again for the U.S.
crime. This applied to an appeal for word's only.
(The Hon. end Learned Gent. then entered into a
detailed account of the law as it now stands.) His
attention and that of the Public had been first at.
',acted to this subject by a case which occurred last
yea►. It then struck him that the law should be
mewled by abolishing the appeal for warder alto-
;tether. As to the appeal for rubbery awl rape, ha
believed they hail never been acted open ; at least, he
recollected no case in which rubbery had. In the
eau of rape. if the ravisher refused to marry the per•
son violated, the neat of hie to the violated had the
privilege of appeal. Among other anomalies to which
this law gave rise, was that which deprised the King
of the ;sewer to pardon the person found guilty. At
Common Law, the King had the power of mercy ; but
here the life of the appellee is at the mercy of a sirs.
dicrive appellee. In short, it seemed impossible that
justice could be done in any case of appeal. So
much for that breach of this law of appeal Ile
caw* now to the other pert of the law, which related
to trial by battle in writs of right ; and he was con.
vinced that the absurdity of the practice in this Me
was so apparent to every Member of the linos,—
hear!]— that it was unnecessary for him
to detain them with any further observations.—
[Hear, hesr!)-1161 *Wield therefore conclude with
moving frav4eavo to bring in a 11111 to abolish the pro-
iseediog of appeal of death, felony, or mayhem ; and
all wager of battle, joining issue by battle, and trial
of battle in writs of right.

bIr.DENN AN said, that it would be presompt eon,
in him to go over the ground. so ably gone over by
his Hon. and Learned Friend. He rote therefore
for no purpose of discussion, bet merely In rate
how cordially he concurred in every thing that had
been maid, and to express abope that the great re.
form contemplated would be adopted by the animi-
sm.% twee the House. The appeal of murder, •hich
ass proposed to be abolished, was always an appeal
from a Jury that decided without prejudice to one
which mast of necessity be prejudiced. This would
have been particolarly the co., with the appeal
which had suggested this elope in the old la w,shere
be was sure an impartial Jury could not have -been
found. The same was the me in the last appeal
for the riots in SI. George't-fields, where a per.
son was tried at the instance of the widow of the de.
ceased, whose abandonasesst of the prosecution was
I purchased at 5001. Ile ►erended the motion most
I cordially, and hoped that the spirit of the age, which
made this reform necessary, weekd not stop here,
hot follow up the principle of improvement iu other
parts of our criminal adositristration which required
revision sod reform.

Mr. BERNAL!. owed in the modes, bindweed
that the 'mai of haunts, in easel %here it was
committed be}ood seas, which be believed was still