Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-08-21
CHE constitutional GeAttg.
FssES Eng ~.
Ftom a late london Paper.
CAPITAL PUNISHMENrS PREVENTION
SOCIETY

was conpeicu To attend another place,
Lord Nugent took tho chair and opened the btu
Gncss OF the day. Iie stated his conviction that
the cause they had met to support, gradually,
rapidly, and surely advancing its contamination
II had been advocated by writer's of the first class
and supported by tho best legal authorities; and
though it bad difficulties to contend with, it must
ultimately and speedily succeed. His Iordship
thcn proceeded to remark briefly the difficulty of
procuring tho repeal of statutes which have been
iotg IN force, and to tho ineiciency of sanguina.
~ laws IN consequence of the unw,liingness of hu
name persons to prosecute, OF witnesses to give evil
dence, OF Jurcs TO convict and of Judges TO allow
capital punishnents to be carried into effect and
then referred TO the success OF Mr.. Ewart, motion
in The House of Commons, and ronouncsd ell
o1uent euogium upon Sir JImes macintosh,
whose death occurred the day. In con-
cusion he referred 10 the extinction OF capital pu-
nishncnts in two of the States of America, and
then remarked, that il was education that must su
persedo sGngnnary criminal code, aud schools
that must do away with the gihhet
Tho Report then read. 1t narrated the So
cety's efforts Ia ameiiorItc the criminal codes of
England and France by means OF publications. and
tho establishment of Il periodical (ot which fvo
numbers have appcared,) and tho lnbors OF Sir 5.
Rumilly, Sir j. MacRintosh, J. Bcnthan, and other
gentlemen in the cause. FROM the Auditors
pc it appeared that in the years 1929, 1880, anu
1881, the amount received by the society in dnna-
tons f72j lis Al, whilst the expenditure
amounted to f)S7 los. Sd, being an excess of ex.
pendture the receipts of f262 IS ID.
Mr.. Basil MOntagu then add the meeting AT
considerable length, n entered upon very interest
ing history OF the cause and progress of his eXcr,ions
against Tho puniShmen;s required by our
laws, and of the worse than apathy OF the public
mind on the subject 80 years ago. He called tho
attention. of the Moaimg to tine many eminent
persons VIII" had maintained the same opinions.
Amongst others, he enumerated Sir Thomas More
Lord BIcon, Lord Erskinc, Mr. Ponsonby, Lord
Broueh an, Sir Edward Coke Sir w Blackstone,
Sir w. Grant, NJ. banning, Lord Ashburton. Sir
5. Romliy, Charles james Fox, Wilton Pitt, Mr..
lilo,
ponent of tho Slave Trade-lnu cheers ! :
Lord Holland rchecrsl Marquis of Lpnsdown,
Sir J. Newport, Mr.. WilDertorce, Montesquieu, Dr.
Goldsmith Tho. CIarkSon, aud Dr. Johnson. the
great living aud the mighty dead. All questions
respecting crime and punishment might he reso-
we'd into TWO. How the existence OF criminal de-
sire could be diminished, when is a question for
morallsts; and if It's existence could not be- put
end to, how could lis qualification be prevented,
which WAS question Tor the legislator. But in
order to effect ths, the punishment which the law
ordained for crime should also be .Stent with
the moral and religious sentiments of the country.
There wcrr three modes by which crime could be
prSvenlcd hrst, 10y fear of the ccnsure Of society
which moral cheek; secondly, fear OF dis.
pleasing the Almighty, which was a religious
check and, thirdly, fear of the punishment OF the
aw, which was the legislative check When all
fhoSc three were united, the qualification OF crini-
nal desire would nc etcctuaily undermined, and it
was for want of attention. tn these principles, i.
waS because the punishment awarded by our laws
so utterly outraged the moral and religious seni-
ments OF society that persons wonld not prosecute;
and the uncertainty of punishment ged the
criminal much than its severity deferred him.
tho uncertainty being, in fact, attributable that
very severity, and that alone. In his opinion the
law would never he efficient until it hArmonzcd
-ith the general feelings and opinions of the peo |
pie laPplauSe.l He moved the adoption of the Re-
porr.
Mr.. Strickland, NJ. p, seconded tho motion
They must look to knowledge as the only efficient
means OF preventing crime. Our Criminal Code
was cruel and sangunary II not only cruel
in tho execution Of the Jaws hut it tended TO blunt
the best affections of the heart, and to make the
people themselves cruel and barbarous [heaf.l
Tho motion carried unanimously
"Mr. Leonard, VI. p, moved the next resolution,
follows
That the efficacy Of criminal laws depends less
upon tho severity of punishment than the certain.
~ ofiohction; aud that laws which cannot be car.
Tied into execution without shocking the feelings
ofsnciety and exciting sympathy for the offender,
are contrary to reason, inconsistent with morality
and cPpo' ed to the interests of Justice"
lie highly ealogscd the exertions Of Mr.. EHart,
whose bill had passed the House OF Commons and /
would, he doubted not, also pass the House of
Lords iapplause.l
Mr.. Hume, NJ. p was received with immense
applause. He strongly urged the necessity of the
people themselves takluG up tins subject Public
opinion all powerful. They had a legis.
ldturc by means of which the will of the public
could now be enforced, and he could excuse no man
who had voice in making tho laws, and vino felt
that man for remaining passive. 1t was no use to
denounce those Laws as sangunary and atrOcious,
and then charge them on the legislation. The PEG.
pic who permitted such laws to continue, and
RETAINED from using the power which they possess
ed we're themselves guilty oS ali the crimes which,
under the cover of those laws, might fro u me to
time he perpclratcd. lie agreed With his friends /,
who had presided him IN The argu uents which they
hal advanced, and particularly Of the great impor
tinee o. education; Ind after culogziug the ercr. /
uons Of Mr.. VIM Allen, ard referring TO the /,
example Of America as proof that crime Cimip. :
ished when puuishncnts yYerc In,de less severe !
concluded by giving his ne rty concurrence 10 the
Resolution, and expressing his determination to
gIyo his support to cyory attempt that might be !
made for the amc!ioration Of our criminal laws, ,
fchceFsl
The motion was then carried.
Mr.. Wyse, II. p. moved the next resolution /
which he supported in eloquent and elaborate
81 s'ch:--
1'rhlt tho criminal laws nj Engilnd are of a /
character so vindIctivo aud b,rUarOus, as 10 bo /
utterly inca pablo Of UNIFORM execution; and That, I
consequently, under The present system, tho lives /
Of iBcn depend less upon tic precise and ex gross .
provisions Of law, than upon the temper, feeling.
caprice Of Jude or Secretary Of state, whence
II arises, that all the A5sHcs and Circuts through
out England afford examples Of inequality Of aun.
ishDent, and practical proofs Of the arbitrary dis
erection exercised in the election Of victims for tho
affairs OF sanguinIry Justice"
The mitts Of ignorance aud prejudice wero rapid.
~ passing away; had arrived 1t more glorious
Zines Religious liberty had been gecurcd. BY
thC glorious Reform Bill oud CbccrSl c.Yil freedom
would be established. England proudly claimed
to herself the first rank m nauiil deeds and in
m hary rcnown; Il WIS Time she should seek
Il yet higher DRY, By taxing the lead m the grca.
and NOBLE race Of justice and humanity loud
checrsl !
DR.. Lusbngton seconded tho ....uzusz
10 ~.