The Statesman.
London, England, 1822-06-05 00:00:00

TM STATESMAN.

the sore so *a the present occesiog, is he woe modified
that soy Investigation on the subject nowt lend 10 s die-
seem that the situation was a perfect simmers. ig.„,
The notice of motion was thee withdraws.
CRIMINAL LAWS.

Sir JAMES MACKINTOSH assured the hones that
in rising,* cell their attention to this subject. be was
::cirepeeenoitile bow much be must be indebted to their
and indulgence to attend to him. He also felt
Ohs iiilleslty et his task in having to address the house
apes a fiesolisrof that avowal nature. which although
sagpsekaily sat to the whole community, toadied
is.:=
.... point of individual interest. From
Me deep of the plainest, and the public in.
tense sitaehod Wit, be hoped it would be viewed in a
spirit. free frogs an warmth of pa.rty. The petitions
now Illog on the table of the house in favour of a miti-
Wks af the severity of oar Criminal Code were from
permit of all parties, and all religious persuasions. and
espegmed the deliberate opinions of the great sonority
of the enlightened part of the country. At this period
of thelhasion, it was not his intention to prep.'s say
Hill for the adoption sif the hones. At the same finse,
however, he should think himself unpardosable, if be
did sot advance one step in the present Session. It was,
therefore. his intention to offer a resolution to the honse,
Annie, a principle which might be likely to afford the
basis for a systematic, early, and effectoal legislation
nest Session, towards the revision of tbeCrimiaal Laws.
Hls regolstioa went to this effect :—" That this house
will, early in the next Session of Parliament, take into
its most serious consideration, the means of increasing
the Amer of the Criminal Laws of the wintry by
abating th-eir rigour, sad also of streggtlmaing the Po-
Ike." He laid little stress upon the mere words of the
resolution. He wished merely to have a declaration of
,Abe loose In recognition of a principle which the house
had already adopted in many measures which had passed
them. He therefore 'bandaged Ms motion to that verbal
eailflBlll '

- to may one who might think it worth his while
smelt treat it. Although he laid no great stress on pro-
eldest is a ease of this kind, yet be was able to show
proudest for it. He could draw one from the history of
the gsvatest measure that had ever issued from that
Mee, the Slave Trade. A resolution had bees adopted
ap the house of that great question, which be might
well the dying words of Mr. Foy. That resolution was
lbolast e: ion of that imextinguishable seal for the
of mankind which warmed the heart, and threw
egusd the public life of that great and excellent
.)—He need say ao more Is favour of the
be brought in support of the course he par-
saadapee this occasion. He proposed only to re-assert
thopeinciple contained in several Acts of the Legisla-
ture, and still more of that house. What else was the
pelmet* of the repeal of the Statute making it felony
to le bleaching grounds ? A whole new Code of
Ilerswee Lows which bad lately been framed was upon
that essispeisciple of strengthening the law by abattoir
Its rigger. He would select one case for remark—that
eflboadnleet Bankruptcies. The punishment of death
holl not been taken from this crime, because it was con.
'blend to be toe of small importance, but because the se-
Nifty of the Estaishment prevented the law from being
ilertied into raft, and had rendered it for the last PO
piers a dead hem It was on that accoust that the
i~etjo. of capital punishment bad been taken
=sr it weld net be contended that fraudulent
Wes were not worse in most cases than nineteen
at of twenty Movies that were punishable with death.
Is the ease of do lifting, toe, the sem had bee. raised
to 151. The ancient defence of the law which
capitally stealing to tbelanseset elk. was, that
shoe to protect poor shopkeepers from
s to which they were exposed. This pro-
, once coesidered to be so Isepsetaat was,
swamp away. A small theft was no
ftiVz, the eau being as be hadi.lirrearrisheitted.
lie.* lit, at which precise son thole, Tr
life of sun. In the time of his beloved sad re.
rend friend Sir Samuel Romilly. the Bills whigkaw
his motion, had been passed through that hew, bad re.
cognised the principle, that to give efficacy to the laws.
it was aeteuary to diminish the punishments already in-
dicted. A report to this effect bad been made to the
bonne, and this had so far bees approved by the house,
that the Committee who made it bad been re-appointed
to esquire into the subject, and called farther evidence
in support of the principle they laid down. The opinion
of Aileen had been not less strongly manifested in the
discuisions which bad taken place on the punishment
applied to cues of forgery. On such cases of mere le-
gislation it would be absurd to expect that the same at-
tendance would be gives as oa those occasions which
were calculated not only to Interest the feelings, bat to
utile the passions of men ; but the attesdaoce on the
suasion alluded to was as full as he remembered to
have seen on any similar occasion, and a disposition had
unquestionably bun manifested to take the punishment
ef death from the crime of forgery. He therefore now
galled upon the house to make no new declaration, but I
merely to assert with more distinctsess that which had
already is effect received their sanction. He intended to
notice secondary punishments. Those opposed to him
were for consideriog these first, am: then proceeding to
capital punishments. He, however, thought the capital
punishments entitled to the 6rst consideration, because
the threat held out of inffictiog these, be viewed is part
the cause of the other defects in oar system. He could
not do better than repeat a sentiment which bad bees
thrown oat by an Hon. Friend of his on the opposite aids
of the house, that in dealing with this subject the burden
of making out a case was not thrown on them who wish-
ed to diminish capital punishments, so much as on those'
who wished to retain them. They could only be justi-
fied by necessity. An attack on the life of man could
only be justified by that consideration which ultimately
made it resolve itself into a measure ofself-defence.l t was
tbereforeffor these who defended the present laws to make
out a case that should establish the necessity of them.—
taler cirmunstasee uus gh& to have some effect
erekwho consider d this to be merely a question of
sober common-sense, he alluded to the manner in which

the existing laws were executed. The course at present
pursued in this country he held to be at variance with
the common sense of mankind. He charged against
the administrators of law in England, that for the last
century and a half it had beer different from that of all
other countries, whether in a state of civilisation or of
barbarism; whether their laws were mild or severe.
All other countries had acted on this principle, that the
sentences awarded were to be executed. Some excep-
tions were made in extraordinary cases, but the rule
was to carry the sentences into execution. We on the
sontrary did not carry the sentences awarded by our
laws into effect. Out of two hundred or more that were
capitally convicted, not more than 20 suffered, or one
twentieth part of the whole number cast. The prin.
cipl• on which we acted, was the very antipode of that
which bad been adopted every where else. Yet our
system had been the subject of endless panegyric, and
its paradoxical character induced some eminent men to
as their voices i• its praise. Mr. Windham (whom
bad the honour of knowing intimately) from his
Mof chivalry, singularity of character, and love ef
t establishments, was induced to embark hie
Itthimie in its defence. Dr. Paley had dons the mew—
-1 ma4tt
tit p a a Mut dm egyrics constantly bestowed on the laws of
had sot made him e convert to the opinions
of by whom they were pronoanced. Though be
(Sir J. Mackintosh) was not one of those who constant-
ly employed themselves in singing the excellence of our
laws, yet he trusted that lth admired as much as any
may altdd do, the fundamental principles on which they
were toooded. No would on this subject refer to the

timings held by our inanorlal Poet Hata, is his
Arvepeiritice, addressed to the Leeds and Comatose(
X*land. He might here remark that it had bees
Milton's 'hay to be the first to defend a free press aid
an unfettered conscience. He hail said with rapper to
our system, and the praises of which it was then sunset—.
" They who freely magnify what has bees ably dose
and fear not to declare as freely what might he dose bet.-
ter. give you the truest covenant that their his beet praise
is not dattery,sod their honest advice is your hest prem."
This was said with reference to theonqualified eologia
thee prawn nad on our systessalien,hefure the Bth of
Ham and Mary had passes', which first granted to permits
accused of High Treacle, a ropy of the iodktment es
which they were to be tried, and a list of the skirmish,
he brought against them, and before the Ist of Qom
Ass,, which followed witnesses for the primates.* be
sworn, without which it was of little use blinglag
into Cart. 'Though ands was the state of the as
as
that period, yet the praises bestowed on it were as many
and the cry against innovation as loud as ever it tact
bee. Mace. A valuable writer on the law, Hr. Serpa%
Hawkins, is his " Pleas of the Crows," had said.
" There only who take a superficial view of the in.
urinal lAws can charge them with unnecessary vigour."
But would the House believe it, when this was said,
the laws against witchcraft were in force, and witgwq
in every assize town were as regularly burned as feloas
were hanged ? Such praise had continued to be given
to our code, though within thirty or forty years kola
the time at which be was speaking, a woman for petty
oases was to be burned to death, and • was who
would not plead was to be pressed to death, rimless tor-
ture extorted front him some plea. What he would sow
propose would go bet to prime and train the laws sot to
plough them up and pleat new ones. He wished to act
ea • plats that would subtala and uphold the fonts•
mental principles of Litatab law. liothies haO,tiggs
more derided in modems times than the idea et laying
down a certain scale of punishments. Het who were
the anthem of that scale of punishments ? illy,ehese
who framed Magna Charts six hundred years ago. They
had laid down in that thirty times confirmed act a scats
of punishment., snot if he called the attention of the
House to the words of that law of I iws, lee biped he
should not shock the ears of the House, though he was
well aware that of late it had become unpopular. It
was there stated that " I iGer home." (The House ware
aware that most of the punishments then indicted COO.
aimed of Gas.) " Litter hoe • emit-reel pre pima &-
limo *enslaves modeles defieti, et pro esegio delieto ay.
menden tiseptiivefixess defied, estate vorterteseesto see
rillanis Mena cation mod. entered Woe wersegio
ae•." Here then it was seen that the protection d►
signed to be afforded by Magna Charts, sites/WM the
very slaves. The modern admisistration of ear la%
he charged with being is direct opposition to Marla
Charts. He would ask, was it agreeable to that thirty
times confirmed Charter to put a man to death for forg-
ing a If. note, or fur cutting down a tree in an avenue
or park ? Did the Barons in the thirteenth restart
think that under Magna Cbarta the punishment of death
would be inflicted for such offences by the Judges and
lawyers in the nineteenth century? Ile thee adverted
to tie law which had been passed against all foreigners
in this country, which was soon to come before them.
and which some Gentlemen in that House were well die-
posed to keep oat of sight as much as possible, and pre-
seeded to remark oa what bad been said by Sir :ilitt6w
Hale, on the subject of capital punishments. Thee
Learned Judge had said that some were of opieiee dote
the drab ought sot to be inflicted for theft, bat in al-
most all pantries theft, wader aggravated circumstances
was so punished, but is this country it rested witkthe
Juries, and the least possible discretion was left to the
Judges. Haw great was the revolutions which 1313
years bad made in our laws, since DOW but little was leg
to the Juries, and melt large discretion given to the
Judges. Bat as the dose to which he referred, the ime- •
jerky of the felonies sew in existence mere Oa lowan
to oar law. It was not then a capital offence tomeol sit
the aloe of 40skilliags in • dwelling hembe; Vergers,
sheepstesliwg. and cattleotealiog were set Misses lobe
pusished with death. He would next minim what was
the resat of the deviation from ear mid •at system,
which he had shown to have taken placit tes this poiat
the proof was so melancholy and so decisive, that he
seed net dwell on it. From 1803 to 1801, the average
number of capital convictions in a year was 381. The
average numbers of the last five years was 1,260, being
as increase in the proportion of three and • half toes.
io the short space of ten years. Making • deduction of
the half for the increase of oar population, it would
then appear that the ge number of convictions bad
been trebled within the period he had mentioned. This
fact afforded a prima facie presumption against the sys-
tem under which crime had increased to an extent, and
with a rapidity which he believed to be unexampled in
the history of mankind, and lie thought the conclusion
which be mast come to was, that our national character
bad degenerated (which he did not believe any foreigner
nould say he believed to be the case), or that oar penal
code was not what it ought to be.—(clear, bear, hear.)
—He noticed the petitions which bad been seat from
the jurors of the county of Middlesex, and from various
parts of the kingdom in favour of a revision of our
criminal code, and proceeded to show that severe pa.
nishmeots were but ill calculated to prevent those of.
fences against which they were directed. Where pa-
nisbasests considered infamous had been indicted, they
had not safrequently been turned into triumphs. These
who is some instances had been doomed to dreadfal pm.
nishments for acting according to their consciences sod
their faith, had found victory and triumph where ty-
ranny had intended to consign them to agony sod
shame. From this it resulted that the efficacy of all
Penal Codes depended on the moral feeling which they
excited, and this he considered one of the most beautiful
ordinations of nature. S punishments excited ab-
horrence, gained for the criminal sympathy and sp.
plasm, sod eaused"thotairs alllVthe "judges to be lends/
with execration. Death under such cift utnste aces was
but death. Then engaged in a predatory war ageing
the community calculated on the loss of a buisberel
lives in every campaign, and froio custom the parties
feared death so more than the soldier who honourably
fought the battles of his country; and all that awful spa
Inanity was taken away, n bids would attach to capital
punishments, if sparingly and properly inflicted. If it
were said that he held the language of a theorist, he
should beg to vindicate himself by releriing to whet had
fallen from a practical man on that subject. In 1796,
a person whose name was still distimoished in the per
fession of the law, Mr. Sergeant Adair, who had then
been for 20 years Recorder of London, had said, " The
compirtion of onr law is too sanguinary. It is painful
to reflect that the punishment of death is not ramrod
fur the crimes of murder and treason." Was he (Sir J.
Mackintosh) then to he considered as a '.i.ionary when
be pressed on the House that which fell far short of the
principle thus contended for by a Learned Person who
had been for 20 years Recorder of London. Two car-
cumstasces at the present time were common in almost
orrery country is the civilised world. One of these was
• disposition to reform their criminal code—the other to
introduce a system of political equality among all lith-
'ions sects. Russia bad long since adopted these pttn-
ciples. Austria, the greatest enemy to all bumaa ass
provementa. was dupes( to do the same; and a similar
line of policy seam about to be pursued in all countries.
from the inexperitaced legislation of Spain and Portu-
gal to the metered wisdom and sober policy of the
United States of America. The same principles eseelpil
to animate all public bodies in the civilised coot .
with the ezeeptioa of one branch of the Drina legko•

not name.—(Hear, hear.)—
I been adopted in France ander
, who had taken as active part
it would transmit his name to
tint from that whisk
By favour of ea* of the
aim a copy of a Report, ',lake
e new Code. That Cede he
with the Code of Baglaad.
capital felonies; its the other
• followi ag : —High Tresses,
fiord in. terms digerieg fees
. Murder, which was well der
af notes of the Bank of Pilate
a. Coining; and Theft, wine
umstaners:—that it hi 45101
rpetrated be two or moromala
; that* Weis. is broke' open,
rof legal authority; or thee
ireatened to be lased. Uadei
teenth part of the offences spa
er the English Code, about a
with death. lo France, there
Id about four-fifths of the p..
ted of imprisonment and hard
lumber of transportatioas were
iishments by imprisonment and
oto one•fourtb. The was
pniation during the period to
referred, be would take at
mount of the French popale-
eriod might be estimated at
wo and a half to one. Such
'ared that the convictions in I
live years doubled those which
0, bruit live times as many as
the people. in the five years
.ferred to, the convictions is
to in France, amounting to tea
lord°, to the population. le
er of convictions, in the firs
red and nitietr•four. The ave.
tree years, 303, being a varier
glacial the average number at
I was 349. la the latter it bad
vase, though part of it might
'under which the people had
groan, he argued, was aloe
meter of our Penal Code. The
invaded, the disbanding of a
ors of a thirty years war, would
eel a different result. That
the fatal increase of crime
ssed in England, must be
to improved Criminal Code
In that country. la this coca-
, the year 11309, which was
prosperity, when the Chan-
was in his Paradise. is-
t it was wealth, the convictions
s 549, beiag surly an increase
pressure of severe distress had
I Learned Gentleman argued at
he difference between the two
tgland and Prance. The laws
to be executed—those of Eat'

carried into execattoo. Ttie
to repress disorder and to da
de of accomplishing this was to
onnishooent. so that use of hn-
i see the laws carried into ex.
iof justice would be perfectly
opionage (which did sore harm
mod, and that duty would be
kat. which was sow ill pu-
rity. Ile did soot slisapvelawdeo
pHraal
at he objvcsoal tramportatio•
1111110.71.14: .

'ration o America from Eag-
had net been takes to form
solony. He suggested some
• conceived might be carried
noticed the state of our pri-
srfect classification whisk bad
I which merely keeping felons
a man who bad only amid-
tree to be the companion of
re classification should be ae-
sold continue to be schools for
poor laws, and revenue laws
id the jails would prepare those
gallows. He then pronouticed
s the efforts of those virtuous
:males who had devoted their
of our prisons. He considered
umstance that the importune
bad been recognised in a late
conduct of those ladies wise
themselves with that of the fe.
countries under the endearing
*1 Charity." he 'hewed that
hours were greatly surpassed
t Sisters of Charity. He putt.
inwearied efforts of one Lady
rself in this way, and described
cling the gratification he bad
a prison, and witnessing the
efforts to relieve the wretched,
He came away with that admi-
which it was impossible that
east humanity should refuse at
sf this female Howard. Those
stowable works had done their
eligion. and morality amongst
the Criminal Law met them at
an impenetrable barrier to
sod destroying the seeds of be-
ndeavoured to sow them. Oar
of crime. and made people
nu in proportion as they were
igh to establish most satisfac-
basis of his argument, which
Bled and cruel severity of our
•ned Gentleman then concluded
louse, by moving the following

take elides its early consider-
sf Parliament, the means of in-
oar Criminal Law, by abating
seasores for strenphroing the
)gether with measures for rea-
-1 imprisonment more effectual
le and reformation."

IRRAL said, that under any
h considerable difficulty to ad-
icularly so, after the eloquent
is Hon. and Learned Friend.
whose prejudices were against
linal Law. He was no 'deo-
it, unless it were justified by
s of society required it. But
punishment was at present
tea as these circumstances re-
Med to the Resolution of his
it would cast a stigma on the
r. I t would place the Govern-
or in such a situation that they
mit could not be followed by
is Hoe. and Learned Friend
ated from his usual course.—
It for the appointment of a
ranted, and in which be (Sir
n active part ; from this Cons-
which, in certain cases, the