had, at the same time, attempted to render ridiculous the ablest advocate which reform had ever found-the illustrious and unrivalled Bentham. It was in vain, however, for the hon. and learned gentleman to attempt, by stale jokes and misapplied sarcasm, to undervalue the efforts of a mind the most comprehensive, informed, accurate, acute, and philosophical, that had perhaps in any time or in any country been applied to the subject of legislation, and which, fortunately for mankind, had been brought to bear upon reform, the most important of all political subjects. The abilities of Bentham, the hon. and learned gentleman could not dispute his disinterestedness he could not deny his benevolence he could not but admire -and his unremitted labours he would do well to respect, and not attempt to disparage. The conviction of such a mind, after mature investigation, overcoming preconceived prejudice, could not be represented as the result of wild and visionary speculation: and the zealous and honest adherents of the cause of reform might be well contented to rest the question on the foundations, broad and deep, upon which Bentham had placed it. The hon. and learned gentleman, therefore, unless he found himself competent at least to attempt to answer the reasons of Bentham, ought, for his own sake, to be more cautious how he endeavoured to misrepresent those reasons, or to effect, by misstatement, what he was unable to accomplish by argument.

It was in vain to reason with the hon. gentleman who spoke last but one (Mr. Lamb), as his imagination seemed to conjure up dangers as unsubstantial as those of children frightened at their own ideas of ghosts and hobgoblins: but as to the statement which the hon. gentleman had made, that parliaments had never been annually elected and held, it was altogether erroneous, it being a fact proved by writs, returns, and records, still extant, that parliaments were elected and held annually, or more frequently, from the 22nd year of Edward the 1st, to the time of the civil wars between the houses of York and Lancaster, with few exceptions, which might generally be accounted for from temporary circumstances. Notwithstanding the prorogations mentioned by the hon. gentleman (which indeed were not denied, and did not affect the ques tion) no parliament lasted so long as a year, till the 23rd year of Henry the 6th:

it was not unusual to have two or three new parliaments in one and the same year, and there were instances of a still greater number; and, therefore, if the vote of this night depended on the fact of annual or more frequent parliaments having ever been the practice of the English government, he should rest perfectly satisfied, and be confident of obtaining the vote by that criterion. The hon. gentleman, whilst he arrogated to himself superior knowledge of history, had only shown how little he was acquainted with it, and whilst he betrayed his little acquaintance with a subject so material to the question, he had attempted to undervalue the labours of his (sir E.'s) worthy friend, major Cartwright, because forsooth he had misconstrued three words of law Latina language which the worthy major having been bred to the seaservice, never pretended to have learned; and which (whether he knew it or not) was quite immaterial to the question. In fact, however, this apparent disparagement was a compliment paid to the major by the hon. gentleman, who showed his eagerness to cavil at a trifle, the major's arguments not being easily controverted, though his scholarship might be disputed.

He was happy to find that the right hon. gentleman (Mr. Canning) was gratified by the question having been brought forward so distinctly as it was in the Resolutions now proposed. He trusted that it would prove equally gratifying to the people. At all events, he had, to the utmost of his power, performed his duty to the country. That some change in the system of representation was necessary, was, he believed, pretty generally admitted; and he had no doubt that the impression would become still more extensive, and that the time would come, when all candid men of all parties would call for reform, although he could not hope to make a convert of the right hon. gentleman, who was too well satisfied with the state of things under which he flourished. Corruption in his eyes wore no deformity; he addressed her as a lover addressed his mistress; he saw no defects-what others thought blemishes, he considered as beauties-he seemed to say,

"I read thee over with a lover's eye, Thou hast no faults, or I no fault can spy; Thou art all beauty, or all blindness I."

As to the danger to be apprehended from the exercise of what was called universal suffrage, he could see no founda.

PRIVATELY STEALING IN SHOPS BILL.] Lord Holland moved the second reading of this bill. He said, that the object of the bill was so well known that it would be superfluous for him then to enter into any detail upon the subject, and he trusted that the importance and propriety of the measure was so fully felt by their lordships, as to leave nothing for him to do, but to move that the bill be

then read the second time.

The Lord Chancellor said, that the bill, together with its principle and object, had indeed, been frequently and amply discussed in that House, as well as in another place. The opinions which he had entertained of it he had more than once communicated to their lordships, and he had then only farther to say, that his opinions had not since undergone any change. He was nevertheless open to conviction, and whenever the question for reconsideration might be proposed in that House at the period of a session when there would be time for discussing it effectually, he should willingly enter into such discussion.

The motion for the second reading was then negatived.

PURCHASE OF GAME BILL.] On the motion for the third reading of this bill,

The Earl of Limerick repeated the arguments which he had expressed last night, and moved an amendment to the (VOL. XXXVIII.)

effect, that for the first offence the person convicted of violating the statute should be committed to the House of correction for three months, and for any subsequent offence for four months, without bail or mainprize.

The Earl of Carnarvon, though agreeing in many points with the noble earl, could not assent to the proposed amend

ment.

The Earl of Liverpool thought it was impossible for a diversity of opinions to exist among their lordships respecting the oppression and real impolicy of the system on which the game laws subsisted. He thought the whole ought to undergo a diligent and minute revision, and he believed that the result of such an inquiry would show that it would be right to make lawful both the purchase and the sale of game.

The Earl of Westmorland was of opinion that much erroneous prejudice prevailed respecting the enactments which had successively been made for the preservation of game. But without entering minutely into the question, he must observe, that if the system of the game laws were to be acted upon, they ought to operate generally and impartially.

Lord Holland observed, that when he had remarked that the game laws were cruel and oppressive, he at the same time admitted the difficulty of furnishing an adequate remedy; and he certainly could not consider the proposed amendment of the noble earl as being very conducive to that end.

The amendment was negatived. After which the bill was read a third time, and passed.

STATE OF THE PRISONS OF THE KINGDOM.] The Marquis of Lansdowne, in pur suance of the notice he had given, rose to call the attention of their lordships to the present state of the prisons of the United Kingdom. In calling the attention of the House to this subject, he should have occasion to refer their lordships to important facts stated in the report of the House of Commons on this subject, a document containing statements which deserved the peculiar and serious consideration of their lordships. From the information contained in that report, it appeared that in the course of ten years such had been the progress of crimes, that they had increased to three times their former amount. Whether their lordships were to consider (4 G)

this increase with respect to the number of persons charged with committing crimes, or the number convicted, the progress was most alarming within the period he had stated. The number of the former class had been doubled, and that of the latter had increased at least 180 per cent. In 1805, 1806, and 1807, the number of persons convicted amounted to 9,865. In 1815, 1816, and 1817, the number of that class was 19,736. This was a most appalling statement, and one which he was confident their lordships would agree with him could not be allowed to remain on record, without parliament or government instituting an inquiry into the means of applying a remedy to so dangerous an evil. The statement was of a nature which other governments might have thought right to conceal, but it was happily the policy of this country to submit to the world every thing connected with its situation. In consequence of this policy, evils soon became the subject of serious consideration, and remedies were applied before they became incurable. In the mean time, it was not to any remote speculation on the cause of this evil, that he meant to direct the attention of the House. Whether it was to the late war, and the poverty and distress which followed it to the increase of population as some asserted-to the paper currency, as was maintained by others or to all those causes combined, were questions which he should not now discuss. Whatever might be the remote cause of the progressive increase of crimes, the evil was one which could not be indifferent to their lordships, and to which it must be their desire to apply, as speedily as possible, a practical remedy. As to the more immediate causes, it appeared from the statement to which he had referred, that a very obvious one was to be found in the present state of the prisons, in which persons charged with all kinds and degrees of offences were indiscriminately huddled together. In some country prisons persons charged with robbery and every description of felony, with manslaughter, offences against the game laws, against the laws for protecting the woollen and cotton manufactures, profane swearing, breach of contract, assault, &c. were confined in such a manner, that they must necessarily com municate together. The great variety of offences to which he had referred, was in consequence of the state of society in a wealthy and highly civilised country, and

that variety of offences had been provided against by a gradation of punishments. But the effect of this state of things was, that according to the present state of gaols a great multitude of persons, whose degrees of criminality were very different, must be confined in the same place, with all the facilities of a communication which could not fail to be attended with pernicious results. It appeared from the information now before their lordships, that a population amounting to no less than 14,000 persons was annually consigned to these mansions, so unfit for the purpose to which they are destined. Out of that number, it was probable that not less than 13,000 were permitted to return to society, either by being acquitted, or after having undergone the sentence of imprisonment. In what a state of degradation must they under the present system return to the duties, or, he was afraid, rather to the vices of civilised men. Their lordships ought to remember the maxim, "Parum est afficere improbos pœna, nisi et contineas probos disciplina." Some attempts had already been made with considerable success to obviate the evil which he had pointed out. Mr. Howard was the first who introduced a plan for the classification of prisoners according to their offences. A prison was built on his plan in Bedfordshire, and other counties soon followed the example with more or less success. Still, however, the public prisons were in a most deplorable state. In calling their lordships attention to the situation of these places of confinement, it would be sufficient to refer them to the statements in some excellent works on the subject lately published, and in particular, to the works of Mr. Nield and Mr. Buxton. In the former they would find an account of the prison of Bristol, which merited their consideration. But it was not merely to the state of the gaols in distant towns, or the provinces, that their lordships would see reason to direct their inquiries; they would learn that practices, which were the very reverse of what was calculated to promote reform, were continued in the gaols in and about the metropolis. He wished their lordships to read in Mr. Buxton's admirable book, his description of the state of the Borough prison; a prison, the jurisdiction of which, as he observes, extends over five parishes. "On entrance, you come to the male felons ward and yard, in which are both the tried and the untried-those in chains,

would induce them to alter their opinion. There were moments when the hardest hearts could be softened and disposed to reform. A most profound observer of human nature had made one of his cha racters say, "I am so steeped in guilt, the smallest wind can shake me;" and these were the moments which could be advantageously seized. The evil effects of the state of this prison were made manifest by the fact, that 40 per cent of the persons discharged from it returned to it; whereas the returns to gaols conducted on other principles, and with better accommodation for classifying the prisoners, did not exceed 5 per cent. If by management and regulation, this difference between 5 and 40 per cent could in any degree be di minished, such an object would be most desirable. In another session he hoped their lordships would meet the question manfully. If in one system they saw only a nur sery for crimes, where the juvenile offender was exposed to temptations, which, be cause they required ingenuity and boldness were not the less attractive to youthful minds-while, in another, they saw the example of offenders corrected and returned with improved characters to society, could they hesitate to choose be tween them? With a view to promote the application of an effectual remedy to this great malady, he would propose an address to the Crown. It had been his wish to obtain the facts most desirable to be known in a tabular form, but it was not usual to state such an object in an ac dress. He was, however, convinced that the noble secretary of state in whose department it would fall to give orders for making the returns, would not fail to direct the information to be drawn up in the most convenient form for their lordships. The noble marquis concluded with moving an address to the Prince Regent, to re quest that his royal highness would be pleased to order to be laid before their lordships, early in the next session, an account of the state of all gaols, houses of correction, and penitentiary houses in the united kingdom, with an account of the number of prisoners confined therein during the year 1818, their ages, the num. ber and mode of their classification, their allowance of food and clothing; also an account of all the regulations which had been deviated from, with the reason and occasion of such deviation.

and those without them-boys and menpersons for petty offences, and for the most atrocious felonies-for simple assault -for being disorderly-for small theftsfor issuing bad notes-for forgery, and for robbery. They were employed in some kind of gaming, and they said they had nothing else to do." After this commencement, it could not surprise their lordships to find the author concluding his account of the Borough Compter with this observation :-"The gaoler told me, that in an experience of nine years he had never known an instance of reformation; he thought the prisoners grew worse; and he was sure, if you took the first boy you met with in the streets and placed him in his prison, by the end of the month he would be as bad as the rest." This description, he was afraid, would apply but with too much truth to many other prisons of the metropolis. To the principal prison it was impossible, from the manner in which it was constantly crowded, to apply any general system of regulations. There it was necessary to place several felons in the same cell, and persons of very different descriptions of offences were mixed together. The consequences were such as might be expected, notwithstanding all the efforts of that meritorious individual, Mrs. Fry, who had come like the genius of good into this scene of misery and vice, and had by her wonderful influence and exertions produced in a short time a most extraordinary reform among the most abandoned class of prisoners. After this great example of humanity and benevolence, he would leave it to their lordships how much good persons similarly disposed might effect in other prisons, were the mechanism, if he might use the expression, of those places of confinement better adapted to the purposes of reformation. The institution of the great Penitentiary-house was likely to be attended with great advantages, though he did not approve of all the regulations. That establishment was a great step taken in the important work of reformation. He was aware there were persons who considered all attempts of this kind as useless; who thought that all that could be done was to provide for the safe custody of prisoners, and that attempts to reform them were hopeless. Let those who entertained this notion go and see what had been effected by Mrs. Fry, and other benevolent persons, in Newgate. The scenes which passed there

Lord Sidmouth agreed with the noble marquis that he could not propose a sub

ject of greater importance for the consideration of the House, and it had been his intention, in the interval between the close and meeting of parliament, to make inquiries to the same effect, if the noble marquis had not brought forward the present motion. He was sorry that the noble marquis's statement respecting the increase of crime was but too true. What were the causes of this increase it was not easy to point out with accuracy; but there had lately been some peculiar circumstances which might in some manner account for it. The return from a state of war to a state of peace had occasioned the discharge of a number of individuals, who were for a time destitute of employment, and on such occasions there had always been an increase of crime. At the end of the year which succeeded the close of the war before the last, the increase of crimes had been nearly double; but four years afterwards the amount was not greater than it had been the four years preceding. At the close of the last war, there had been a greater discharge of seamen and soldiers than had ever been known at any former period; and at the same time he must remark, that the terror of punishment had been very considerably diminished. He must contend that the dread of punishment, by imprisonment especially, was almost done away by the very philanthropy that was endeavouring to render prisons rather places of accommodation than punishment. It was notorious also, that the dread of transportation had almost entirely subsided, and perhaps had been succeeded by a desire to emigrate to New South Wales. Indeed, the situation of the convicts there was very different from what it used to be: formerly they were placed on their arrival in a state of almost absolute slavery, but now the case was very much altered. As to the state of the prisons themselves, it could not be denied that many of them, while there was such a neglect of labour as at present, were only schools for depravity and crime. Under these circumstances, there were other features, in the returns that had been made that must make a strong impression on their lordships. While the number of crimes and commitments had very considerably increased, the number of capital punishments had diminished: within the first seven of the last thirty years nearly onehalf of the numbers condemned usually suffered death; while in the seven years

from 1798, of 83 who were condemned, only 14 suffered death; and in the latest period of the returns, it appeared that not more than one-eighth of those who were condemned were left for execution. The chance of escape must add to the temptation to commit crime. He mentioned the circumstance, because it had been said that the execution of the laws in this country was a system of sanguinary vengeance; at least this language had been held in a publication which, on many other accounts, he held in high estimation. When we saw, however, that these were the effects of the fear of punishment being diminished, it became necessary either to render punishment so certain and effectual as to produce a wholesome fear of their infliction, or to prevent the increase of crime by improving the system of managing our prisons; by classifying, educating, and employing the prisoners, so as to prevent the necessity of executing the laws in their utmost rigour. He thanked the noble marquis for bringing this subject under the notice of the House. He had no doubt that when the returns were made, their lordships would esteem it their duty to recommend the appointment of a committee, who should consider those returns, examine the subject in detail, and make a report to the House. On that report being made, he had no doubt the result would be an improvement of the system, and he cordially concurred in the motion that had been made.

dis.

The motion was then agreed to nem.

HOUSE OF COMMONS.

Wednesday, June 3.

REPORT FROM THE COMMITTEE ON PUBLIC BREWERIES.] Mr. Lockhart brought up the Report of the Committee on Public Breweries. In laying this report on the table, he called the attention of the House to the complaints made by the public on this subject, which were chiefly the high price of porter, the inferior quality, the mixture of deleterious ingredients in the article, the monopoly by eleven great brewers, and the licensing system. As to the price, the committee, after a full examination, were of opinion, that the prices were neither unfair, nor unreasonable, or the profit more than the brewer was entitled to, according to the price of the fair ingredients he had to use. The committee gave no opinion on the in