him to remark, that it did not constitute what could be considered as a secondary punishment. The right hon. and learned gentlemen opposite, the noble marquis who sat near him, lord Liverpool and lord Sidmouth, all admitted, that there was no adequate secondary imprisonment. Lord Ellenborough had said twelve years ago, that transportation was nothing but an easy migration by a summer's voyage from a worse situation to a better. It was by all admitted, that, in the way of terror to a criminal, transportation was just nothing at all. On the contrary, it rather offered a bounty and a temptation to crime, than an inducement to refrain from its commission. He held in his hand the best evidence of that fact, from the testimony of convicts themselves. If the House would permit him, he would read a letter transmitted by a convict of the name of Clark, from Botany-bay, to his wife in England. It was a private and a confidential letter. [A laugh.] He meant it was confidential until he had obtained the wife's permission to read it; and the letter would show how far transportation operated to induce remorse in the mind of the criminal, and how far it could be considered as deterring a culprit by example. The letter commenced thus:-" Providence shines on me in every shape; I hope he will provide for you as he has for me. [A laugh]. I cannot grumble -the winter here is hotter than the summer in England. We have two crops here every year, and no ice ever thicker than a shilling: the grapes lie in loads on the rocks, and the peaches run wild in the fields; so that the day that I committed the offence which brought me here was the best day's work I ever done." He would submit whether this letter contained any thing like a tone of remorse; or whether it afforded any thing in the way of useful example-which ought to be the object and end of all punishment. He would mention another instance. It was in the person of a convict named Cook, who had also written home to his family, describing the comforts of his situation, and the good exchange he had made by his change of residence, "I am (says this man) living a servant with one 'Squire Love; he lives very well here, and is reckoned a very clever gentleman." Now, it so happened that he (Mr. Buxton) knew something of this 'Squire Love. He had lived for a long time as a clerk with a gentleman in a county with which he was VOL. VII. well acquainted, and had repaid the confidence reposed in him by his employer, by robbing him of property nearly amounting to 20,000l., with the produce of which he had loaded a ship, and was about to emigrate. The police, however, secured him. He was tried on the capital charge, but saved, and would have escaped altogether, were it not for a minor count, on which a conviction was obtained against him; in consequence of which he was ordered for transportation. Thinking that the execution of such a sentence would only enable him to enjoy more completely the ill-gotten wealth he had retained, he (Mr. Buxton) applied at the home-office, to entreat that the sentence of transportation might be commuted to imprisonment in the hulks, or hard labour. He encountered a refusal, and the man was transported, and transformed into "'squire Love, a very clever gentleman ;" and so he certainly was. The only question was, did the same description apply to those who sent him there? When this mode of punishment was found so utterly to fail, why was it persevered in? He remembered to have read in Tacitus of a Roman named Gallio, being transported for some crime to Lesbos; but upon its being ascertained that he was enjoying insula nobilis et amena, he was brought back, and placed in a situation more likely to expose him to privation. The lateness of the hour alone prevented him from entering more largely into the question. He should therefore pass over altogether the police branch of this subject, and merely advert to the example of Charles 5th, which had been quoted last year by his hon. and learned friend (Sir J. Mackintosh), and which furnished a memorable illustration of the benefit of mitigating the severity of the criminal code. It was well known that the whole of the early part of Charles the Fifth's reign was marked by religious persecution. He had framed the Code Caroline, which, for undistinguishing se verity, was a refinement upon the laws of Draco. It inflicted, without selection or, mercy, the most cruel and lingering, death; and the result of that system was found so inadequate for the purpose of prevention, that Charles himself, at the close of his life, was convinced of the necessity of altering it. It was the deliberate conviction of his reason, and not any thing like a woman's compassion which dictated the change. The law had been stretched so far, that accusers and pro3 F secutors were wanted-witnesses were not forthcoming-and at length judges could not be found; the screw and the crucible were applied in vain; torture, which was alike applied to the prisoner and the witness, had failed altogether; and the whole code was at length altered. He should detain the House no longer than by adding his firm conviction, that at present there was a prevalence of crime in Eng. land which was an evil of the first magnitude: coupled with this was his conviction, that the remedy was not hopeless. They had it in their own hands; and he believed they would most efficaciously secure it by pledging themselves to his hon. and learned friend's motion. Mr. Courtenay said, that though he concurred in the general principles laid down by his hon. and learned friend, he could not accede to the resolution. Nothing could be more improper than to set the public mind afloat on the subject for six or twelve months, without doing any thing for so long a period to remedy the evil. As there was a committee now sitting, whose labours were directed to that end, he did not see how the House could come to any resolution which imputed neglect. The present proposition would not advance the practical reform of our criminal code, and therefore if the question was pressed to a division, he should vote against it. Mr. Secretary Peel said, that he concurred in what had been stated with respect to the committee for the reformation of prison discipline. Their exertions were above all praise, being dictated by the soundest policy, and likely to lead to the most beneficial results. It was his intention, on Friday next, to submit to the House a bill which went to provide for the regulation of prison discipline. Was it possible, then, for him to support a measure which was to pledge the House to take into its consideration a subject, which had been already delayed too long? The question of transportation was one which presented many difficulties. As it would, however, be materially affected by the forthcoming bill for the improvement of prison discipline, he should refrain from saying any thing about it at present. He also concurred in the propriety of adopting a vigorous system of police. God forbid that he should mean to countenance a system of espionage; but a vigorous preventive police, consistent with the free principles of our free constitution, was an object which he did not despair of seeing accomplished. He was equally unwilling to postpone that subject till the next session. It was his intention to introduce a plan for making the experiment upon a small scale. Something should be done with respect to transportation, but he would wait for the report of the gentleman who was sent to New South Wales. He would here mention one scheme which had suggested itself to his mind, and which might lay the foundation of a new mode of punishment, free from many of the objections to the present system of transportation, and combining with it hard labour. The experiment in question would be of this kind; namely, to send to Bermuda a certain number of convicts to be employed on the public works now carrying on there, taking securities that at the same time that such employment should be provided, their moral discipline should be properly attended to. This was a mode of punishment, which, inasmuch as it combined removal with hard labour, might be assimilated to that of the hulks at home. As to the general principle and wording of the motion, he concurred in the objections which had been taken. by his hon. friend. When, in the course of the next session, the hon. and learned gentleman should feel disposed to take up the subject in detail, he should not find in him a predetermined opponent. Mr. Wynn earnestly recommended the hon. and learned gentleman to withdraw his motion; at all events in its present form. Sir J. Mackintosh said, he would have no hesitation to adopt the suggestion of his right hon. friend, if he did not feel it necessary to retain that part of his resolution which went to pledge the House to adopt measures for increasing the efficacy of the criminal law by mitigating its rigour. The resolution pledged the House to no principles but those which they had session after session recognized, therefore no injury could possibly follow the adop tion of his resolution. By entertaining it, the House would give a proof of their intention seriously to adopt measures for the amendment of the criminal code. They would thus invite persons of knowledge and experience to lay their sentiments upon the subject before parliament. The resolution would, in fact, serve as a notice, as well to the profession of the law, as to all others, to supply that House with all the information they could impart on a question which required all the wisdom, the learning, and ability of the nation. The question was then proposed, "That this House will, at an early period of the next session of parliament, take into their most serious consideration, the means of increasing the efficacy of the criminal laws, by abating their undue rigour," and the previous question being put, "That the question be now put,' the House divided: Ayes, 117; Noes, 101. Majority in favour of sir J. Mackintosh's motion, 16. Loud cheering followed the announcement of the numbers. HOUSE OF COMMONS. Wednesday, June 5. ALIENS REGULATION BILL.] Mr. Secretary Peel rose for the purpose of moving, that the powers of the Alien act should be intrusted to the executive government for a period of two years longer. Even those who differed from him in opinion, would admit that he opened the question fairly, if he touched, first, upon the nature of the danger to which he proposed to apply a remedy; next, the character and extent of the remedy itself; and lastly, the various objections which, upon general principles of policy or apprehensions from abuse of power, might be started against the remedy. To begin, then, with the nature of the evil against which they had to provide. He recollected that he was proposing the continuance of an Alien bill at a time when the country had been seven years at peace, and after a declaration from the sovereign, that he continued to receive assurances of the favourable disposition of foreign powers. But every man who looked back to the events of the late war, the circumstances of the contest, and to the principles which had produced it-every one who dwelt upon the consequences by which that war had been attended-must admit, that it was not the mere signature of a treaty of peace, nor even the duration of a peace for seven years, that could extinguish the principles which had led to the tumult, or conciliate the various interests which had taken part in it. He denied that to provide a corrective for such an evil, was any imputation on the character of those relations of amity in which this country was bound with the other states of Eu rope. It was also to be recollected that, within the last two years, revolutions had taken place in some countries, and attempts at revolution had been made in others, through the agency of secret societies, and the instrumentality of the military force. Conspiracies had been formed even where no act of resistance had taken place, which had been put down by the strength of government. He did not advert to these events with a view of pronouncing any opinion as to their character, his object was, to impress upon the House that such a state of things could not exist without reviving those very principles which characterised the late war, and without producing that very re-action that, if successful, would unsettle the pacific relations of Europe. The effect of these events, however, was the expatriation of many of the most active agents in these revolutions and conspiracies. They fled from their respective countries, and though the government of this country was armed with an Alien act, and though many of these persons sought a refuge here, in no single case was the asylum of our shores denied to them. No matter what was the part they had taken-no matter the tone or tendency of their principles-no matter what their crimes against their own governments-on the part of this country there existed the disposition to grant an oblivion of the past. Even in cases where informalities arose which might have produced some embarrassments, he could appeal to hon. members in his eye, whether the uniform inclination of the government was not, to avail itself of any advantage? That character for hospitality of which this country was so justly proud had never been forfeited. When the law was executed against one individual (general Gourgaud), it was, because it was well known that he was endeavouring to make this country the theatre of his cabals. There had not been a conspiracy nor a revolutionary attempt for the last two years, but had thrown some persons into this country. Instead of the Alien bill operating as a terror to foreigners, the number of aliens had increased since its enactment. In 1818, there had been 22,000 aliens in the country: in the present year the number exceeded 25,000. In 1819, the increase of arrivals above departures had been 266; in the five expired months of the present year alone, the increase had been no less than 655. It was im possible to avoid inferring from these facts proclamation, or order in council, any that the Alien bill had not prevented the foreigner to quit the kingdom. In case resort of foreigners to this country. He of disobedience, he was at first subjected hoped he should not now be met with the to a small penalty, still retaining a right argument, that the increased number of of appealing to the council, after which aliens formed an increased reason for he might, if he gave no satisfactory exwithholding the powers of the bill. If planation, be at once removed. An hon. power over an increased number of per- and learned gentleman (sir J. Mackinsons was to be called an increased power, tosh) had the night before attempted to then, had the number of aliens diminished create an unfavourable impression against instead of increased, he might have made this proceeding, by a reference to Magna an argument upon that diminution of Charta. Just so it had been usual to power in favour of his measure; but it allude to the policy of queen Elizabeth, would be most unfair to convert a proof and of states placed in circumstances of the lenity with which the act had been altogether different. Now, any individual used into a plea for continuing to intrust who listened to the learned gentleman, government with its powers. Under this and did not happen to be familiar with bill, then, we secured to the foreigner Magna Charta, must conceive that the who sought an asylum in this country an admission of foreigners to our shores was oblivion of the past. We had a right to established in it as a ruling principle, acsay to aliens, "You shall not abuse the cording to which the right could neither hospitality of these realms, you shall not be limited nor withheld. On examining desecrate the sanctuary you have chosen, it, however, there appeared no such vaby making it the scene of conspiracies riance between its authority and meaand cabals." For it would be in the sures of a more recent date. He found highest degree unjust, to suffer this coun- in it, indeed, but one enactment that at try to become the resort of all those who all respected strangers; and this, by the should be disposed to enter into plots exception accompanying it, proved to be against the peace of states with which we far from a general or permanent regulawere in amity. If the present Alien act tion: "Omines mercatores habeant salvum was permitted to expire, such, he averred et securum conductum, exire, et venire, on the responsibility of a minister, would ad emendum vel vendendum," &c. But it be the case. It was with a view to a was also provided, that in the event of particular evil that he recommended the war, the merchants of the country with measure in question. He could assure which we had commenced hostilities, the House that in bringing it forward he should in the first instance be attached, was biassed by no partiality or prejudice, and kept in custody till it was seen in and that he founded it not on any vague what manner our own merchants were surmise. Still less was he influenced treated by their government. It was also by any suggestions from foreign courts. worthy of remark that the enactment No; it was as secretary for the home to which he had alluded, contained the department, and by virtue of that office phrase "nisi antea publice prohibiti," alone, that he should now submit to par- or unless the king in council prohibited liament the expediency of renewing those them. As to the conduct of queen powers under which the admission of fo- Elizabeth, and the policy subsequently reigners to this country had been regu- adopted by this country on the revocation lated since the peace. With regard to of the edict of Nantes, the periods of those the nature and extent of its remedial in- events bore no resemblance to the prefluence, he was utterly at a loss to dis- sent. When Elizabeth, in another part cover what there was about it to challenge of her reign, was surrounded by different so determined an opposition as there was circumstances, she, probably recollecting reason to apprehend. One of the provi- the expression "nisi antea prohibiti," pursions of the bill required from every fo- sued a course wholly unlike what had reigner landing in this country a state- been so loudly commended. In the ment of his rank and situation in life, and council-register of her reign might be in default of such communication im- seen copies of directions issued to bishops, posed a penalty on the master in whose to the master of the rolls, and to two vessel he arrived. The more material, aldermen of London, that all foreigners however, indisputably, was that confer- not belonging to any church or congregaring on the Crown a power to direct by tion should be ordered presently to avoid the kingdom. But in order to fortify his argument, he might here allude to a bill lately presented by a learned member (Mr. Scarlett), a gentleman of high reputation in the courts, and who might be considered as the model of a Whig lawyer. He meant the allusion merely by way of precedent, not as a reflection in any point of view, though he hoped it might serve as an instance that gentlemen on the other side, whatever were their political opinions, did not when they sat down seriously to remedy a grievance think of referring to all the ordinances or principles of Magna Charta. The learned gentleman had recently introduced a bill for the more effectual removal of the poor, and this bill enacted that a single justice before whom a pauper should be convicted of leading a disorderly life, might have the power of committing him to the House of Correction, there to be kept to hard labour for a time not yet specified. Now, he was far from censuring this provision; but how did it accord with the well-known declaration of Magna Charta-"Nullus liber homo capiatur vel imprisonetur nisi per judicium parium suorum ?" It could not be denied that all power was liable to some abuse; but the experience of seven years went to show, that the proposed measure was as little likely as any to produce it. Returns had been laid before the House, showing that the powers with which it invested government had been exercised but in four instances, since the year 1815. Doubtless this was not a complete justification; but it at least afforded a presumption, that the continuance of those powers would not lead to any practical inconvenience. If it were said, that there was no guarding against the abuses of subordinate agents, he would undertake to assure the House, that subordinate agents should never exercise these powers. He did not consider that foreigners were in any real danger of suffering injustice by the effect of malignant insinuations on the mind of a secretary of state, nor had the conduct of the British government hitherto been such as to afford an example to the detriment of our countrymen resident in foreign states. He pledged himself, on his responsibility, to a just exercise of the powers in question. He believed it to be a measure of lenity and moderation. He certainly did not undervalue the opposition it might encounter, but he had rather submit to any inconvenience or unpopularity than carry about with him during the recess, the heart-sickening consciousness that from the dread of these, he had been deterred from bringing forward a measure which he believed essential to our_security. He concluded by moving, " That leave be given to bring in a Bill to continue the Act for establishing Regula. tions respecting Aliens arriving in, or resident in this kingdom in certain cases." Sir J. Mackintosh observed, that he had felt the deepest anxiety and alarm on hearing that it was in contemplation to propose a renewal of the present measure. It could not but produce the deepest feeling of melancholy to find principles such as those proclaimed by the right hon. gentleman avowed to a House of Com. mons, or to any assembly of men accustomed to a free government. It was lamentable to find them made the ground of a legislative proceeding, by a minister of great talents, and of high character. The right hon. gentleman was thus furnishing them, not with an auspicious sample of the future benefits to be expected from his career, but marking the outset of an administration which would probably last longer than he (sir J. M.) should live, by an assertion of principles that, if pushed to their legitimate consequences, would subvert every law and every security which we now enjoyed. What was the tenour of this proceeding? It vested in the government a direct and absolute power of banishing from the home of their choice, from the conduct of their affairs, and perhaps from the seat of their fortunes, 25,000 individuals. This bill, too, was to be passed on the assurance of a secretary of state, that he would only exercise this absolute power in cases where it should be necessary and expedient. Gracious God! had it not been said that ship-money was so moderate, that although levied by the mere authority of the king, no real grievance or oppression was likely to arise from it? The very same arguments had been urged in defence of that iniquitous imposition, which were now advanced by the right hon. gentleman, and which would go to destroy every right that had been acquired for us in a lapse of ages. The right hon. gentleman tendered his responsibility; and, relying on this, they were invited to surrender principles which their forefathers had maintained and established with their blood. When |