In charges of felony, except upon the Home Cir- Amendment of the Criminal Law :— Threatening Letters:-Pardons. COMMONS, THURSDAY, MARCH 24.Mr. Peel said, that the intent of his motion was to obtain leave to bring in two bills to amend certain points in the criminal law. The first regarded the law for sending letters, containing a charge of having attempted to commit abominable offences. A threat to charge any individual with an unnatural offence was punishable with transportation for life. But if, instead of threatening a charge of the crime itself, the charge should be limited to an attempt to commit that crime, it was only a misdemeanor. The moral offence, and the danger to the individual wrongly accused, were precisely the same, and there could be no reason for any difference in the punishment.The other bill was to facilitate the benefit of the Royal grants of pardon. At present they must pass the great seal-a proceeding of considerable expense and delay-before the pardoned persons could be restored to what the law termed their credit and capacities. And until the grant had passed the great seal, their testimony, however necessary, could not be received in a court of justice. The bill would have the effect of restoring parties to their full privileges, upon a pardon being extended to them bearing the sign-manual, counter-signed by the Secretary of State, to all intents and purposes as if the same pardon had passed the great seal. The bill would also remedy a considerable defect in the law with respect to clergyable offences. For those who successfully pleaded their clergy, the punishment of death was formerly commuted to branding on the left thumb. This was not considered open enough to common observation, and the left cheek was afterwards substituted. This punishment becoming incompatible with modern civilization, the judges were empowered to impose a pecuniary fine or other punishmment, according to THURSDAY, MAY 5.-Mr. J. Smith, in rising their discretion: but the law which authorized to move for an address to his Majesty, for a this alteration did not give that complete resto- copy of all correspondence between the Lord ration which was attainable by persons who Lieutenant of the West Riding of York and had been punished in the old way: under the the Secretary of State, respecting certain present bill, the infliction of the substituted abuses and mismanagement in the gaol of Bradpunishment, whether fine or whipping, or ford, said, that an individual had been arrested imprisonment, would restore the parties to for a small sum of money; he soon after escaped their civil rights. The whipping of females from the bailiff, was speedily retaken, and had been abolished by a recent statute, which, lodged in this gaol, where, owing to the gaoler however, did not effectually restore them after being an imbecile man, this prisoner was loadsuffering the punishment substituted. His billed with irons and handcuffs, and so kept for also had relation to the offences of clergymen seven weeks, except at intervals of five mior clerks in orders, which at present formed mutes once a week, to enable him to change an anomaly in the law. A clergyman might his linen. The prisoners at large complained of be hanged for highway robbery; if he commit- their treatment in this gaol; and such was the ted a misdemeanor, he might be transported; petty tyranny which had been exercised, that if a clergyable offence, he could not be punish-on application to the Lord Lieutenant of the ed at all. The ground of distinction, if ever it had been good in policy, had long ceased to be so, and should have been done away. It was an obsolete principle at variance with the present state of society; and, much as he inclined to support the privileges of the clergy, he could not uphold them in this instance. The bill would put clerks in orders upon the same footing with other offenders.-Leave granted. Commitments of Felons. THURSDAY, JUNE 16.—Mr. Western moved for returns of all persons committed to gaol on Mr. Denman thought that by extending the business of the quarter-sessions, and letting the King's commissioners go into places where the goals were unusually full, they might put off, for the present, the formidable expenses of new judges and an additional circuit, — The motion was agreed to. Bradford Gaol. -- West Riding of York, and on reference to the Secretary of State, a prosecution was ordered, and one miscreant was convicted of cruelty to a prisoner in this gaol. He was glad to hear that no opposition was intended to his motion, and that every desire had been expressed to correct such abuses and punish the delinquents. He believed that in the treatment of paupers in some of the gaols, the utmost barbarity was inflicted. Mr. Peel said that the hon. gent. had only done him justice when he anticipated that he would not oppose such a motion as this. If such abuses as were represented had been committed, he or Mr. Abercrombie concurred in the expediency of abolishing these petty jurisdictions. Boundaries of Counties. should, not attempt to vindicate the delinquents, | of land should be annexed for all purposes to oppose the production of any correspon- whatever to the county of Berks-that all dence which was calculated to throw a light on power and jurisdiction over them should be the subject. He then stated, that upon receiv- taken from the Lord Lieutenant and the ma ing a communication from the Lord Lieutenant gistrates of Wiltshire, and vested in those of of this district, who had done himself great Berkshire, with full authority to raise all dues, credit by his conduct in the business, he had re-subsidies, and taxes whatever. The bill also ferred the subject to the Attorney and Solici- contained a saving clause, guarding the right of tor-general, and eventually ordered a prosecu- every man's inheritance. Upon the original tion, in which one of the parties had been con- division of the country into counties, for the purvicted. He was most anxious to see the small poses of justice, police and defence, these isolalocal jurisdictions throughout the country avail ted spots were attached to distant counties by the themselves of the power which they now had of influence of men of great rank and power. sending their prisoners to the general county Dugdale, in his work on Warwick, spoke of a gaol, upon paying a small quota of expense: spot of ground which interfered with his survey, indeed, he was disposed to go farther, and to and which he found to belong to the county of say, that he did not think the general adminis- Worcester. In giving an account of it to his tration of the justice of the country would be readers, he said that it was " one of those parinjured if these petty courts were abrogated cels of land which are so frequently to be found (hear), severed from the county to which they belong." He ascertained that this piece of land belonged to the church of Worcester, which, upon the general division of land throughout the kingdom, had influence enough to preserve it, and ever after it continued to be taxed as part of the county of Worcester. In Devonshire, on the hither side of the river Tamar, was a parcel of earldom land which had always been taxed as belonging to the county of Cornwall. In the county of Berks was a piece of land called Twyford, which belonged to Wiltshire, although it was 20 miles from that county; the reason was, that it constituted part of the possessions of the Abbey of Malmesbury, in Wiltshire. He knew that the house would be likely to object to any thing like innovation, and therefore be would show a precedent for the measure which he proposed. In 1698, the counties of Ross and Cromarty were by an act of session united for all purposes, and had since been considered as one county by almost every act of parlisment which had been passed relative to them. In 1740, many changes took place in the geo graphical distribution of the county of Dorset and a variety of alterations had at different times been made in counties by forming several small hundreds into one, and by dividing large parishes, in order to collect the poor rate more easily. There was one precedent which he could not omit to mention, because it would have weight with the house as being one of its own measures-he alluded to the act of the 41st of George III., which was passed for the purpose of annexing Malta to the map of Furope. The hon. gent. concluded by moving for leave to bring in the bill. TUESDAY, FEB. 22.-Mr. F. Palmer rose to move for leave to bring in a bill to empower magistrates at quarter sessions to effect exchanges between counties of insulated parcels of land, for the more convenient administration of justice. To provide a remedy for the inconvenience and perplexity which resulted from having certain parcels of land belonging to particular counties, situated at a considerable distance from those counties, was the object of the bill which he called upon the house to give him leave to introduce. The best method of prevailing upon persons to apply a remedy was to prove the existence of the evil: that he would endeavour to do by stating a few short facts. In the first place, Holy Island, which lay off the coast of Northumberland, did not, as one would naturally suppose from the situation, belong to that county, but to the county palatinate of Durham. Another place belonging to Durham, called Crake, was situated in the centre of Yorkshire, 50 miles from the courts of the county of which it was called a part. In the same way a part of Derbyshire was to be found in Leicestershire; and a part of Huntingdonshire in Bedfordshire. From the town - of Oakingham, a tract of land belonging to Wiltshire ran into Berkshire for about four miles in length, It was, in some places, two miles in breadth, and in others not half a mile; and there was no notorious mark by which the boundaries of the two counties could be defined. In like manner Swallowfield East, and Swallowfield West, both belonging to Wiltshire, were situated in Berkshire. He had the authority of all the magistrates on the Oaking ham bench for stating, that the situation of the three parcels of land which he had mentioned had for many years produced a great inconvenience. He had seen a bill which had been framed with reference to this very subject, by Lord Chancellor Hyde, afterwards Lord Clarendon, who had resided for some time in the parish of Swallow field. The bill was drawn up with great accuracy: it enumerated every parish, tithing, and village within the three parcels of land before mentioned, as well as all the evils which had arisen, or were likely to arise, from their locality, and the remedy which it proposed was, that those three parcels Mr. Peel had no intention whatever of opposing the measure: on the contrary, he world give the bill every consideration, although be could not at present pledge himself to support it. There would, probably, be some difficalty as to the detail of the measure. The hon. gent.. for instance, had not stated what he intended to do as to the elective franchise. Again, what arrangement was to be made with respect to county rates, assessed for works which were already completed, but not paid for? The bill. further, only proposed to give the power of exchange to counties; it was not provided what a county should do which desired to take, and had nothing to offer in return. Mr. F. Palmer said, that with respect to the elective franchise, it would be impossible to make any new arrangement at the eve of a dissolution of parliament. His view was, that no alteration should take place until one year after the next general election. For the matter of county-rate, the sum at stake would be so irivial that it might be easily disposed of. Leave was then given to bring in a bill. Norfolk Assize Town. by which those structures had been rendered as convenient as any in the kingdom. There could scarcely be a more direct attack upon the prerogative than was meditated by this measure. No less so than to interfere with the appointment of Lord-Lieutenant or the sheriffs of counties. The petition which he had presented prayed that the house would not permit any interference in the ancient practice. That petition was signed by forty-eight magistrates of the county, eight of whom had served the office of high sheriff; and it was impossible to collect names of greater respectability. He concluded by moving that the other orders of the day be now proceeded with. THURSDAY, FEB 24. Colonel Wodehouse submitted to the house a motion respect ing the removal of the Spring Assizes for the county of Norfolk from the borough of Thetford to the city of Norwich. The grounds upon which he made this motion, were already before the house in a petition which had been Mr. F. Buxton said, that the petition in fapresented from a numerous and highly respect- vour of the proposed removal of the assizes was able body of the inhabitants of the county. The not only highly respectable as to the signatures main grievance which they complained of was, which were affixed to it, but as it proceeded that they were under the necessity of carrying from the Lord-Lieutenant of the county, from the prisoners a distance of thirty miles from the the sheriff's, and from a large body of the magaol to the place at which they were to be gistracy, it might be reasonably supposed to tried, and if they happened to be convicted, convey the sentiments of those who were best the same distance back again to the gaol. This qualified to pronounce on the expediency of evil had existed for a great length of time, and the proposed measure. The important quesrepresentations of it had frequently been made, tion for the house to consider was, however, but hitherto without procuring any alteration. whether the administration of justice was imThere was, however, no time, at which the peded by the assizes being held at Thetford. desired alteration could be more justly and The general convenience of the county would properly made than the present. A large and be, as it ought to be, more considered than that commodious gaol had lately been erected in of the judges; and the interests of justice more the city of Norwich, at an expense of 50,0001. than those of the borough of Thetford. The Upon former occasions it had been objected, unnecessary exposure of prisoners on their way that to remove the assize would be to interfere to and from trial was most cruel and illegal, with a branch of the prerogative. He denied, and of itself sufficient to induce the house to however, that the prerogative was in any way interfere. He happened some time back to be concerned in the measure he proposed. The riding along this line of country through which places at which the assizes were held had been the prisoners passed; and observing a crowd in all instances fixed by acts of parliament. of persons collected near a public-house, stopThat by which Thetford was appointed for the ped to ascertain the cause. He found that a county of Norfolk, was passed six centuries multitude was collected round a waggon, in ago. At that period only one assize was held which the unfortunate criminals were returning for the two counties of Norfolk and Suffolk, from the assizes; and one unhappy indiand Thetford was well situated for the purpose, vidual, who was to be executed on the folbeing upon the confines of both counties. Ap-lowing day, was exposed to the vulgar gaze of plications had been made to the Chancellor, and to the judges, who had declined to remove the assizes, but expressed no reason for their refusal. It was, in consequence, imputed to them that they were actuated by merely selfish | motives. He could not bring himself to believe, that persons holding the high offices which they were intrusted with, could prefer their own convenience to that of the public. The hon. member concluded by moving," that the petition of certain magistrates and others of the county of Norfolk, praying that the spring assizes should be removed from Thetford to Norwich, be referred to a select committee; and that the counter-petition of the mayor and burgesses of Thetford be referred to the same committee." the mob. who were continually asking "which is he?" in his hearing. Now, supposing the unfortunate Mr. Fauntleroy's case, instead of occurring in Middlesex, had taken place in Norfolk, how cruel and unnecessary an exposure it would have been, to drag him thirty miles through the country to trial, and thirty miles back to gaol, exposed to the vulgar stare of an inquisitive and curious rabble. A friend of his said, "it would serve him right." It could not serve him right; because the law of the land had apportioned to certain offences, certain punishments, and therefore it was unjustifiable to augment the distress or harass the feelings of the unfortunate delinquent. But the evil did not end here. When the prisoners arrived at Thetford, they were placed in a prison, which, if he were to describe, would, he was certain, shock and offend the house. Some improvements had probably been made since he saw it; but it was still disgraceful Sir John Sebright supported the motion. Mr. N. R. Colborne opposed the motion. The same application had been, he said, repeatedly made, and had always failed. The assizes for the county of Norfolk had been, as was admit-enough, and if a prisoner had to bring up witted, held at Thetford for more than six centuries. He did not mean to say that the antiquity of the practice was a conclusive reason against all change, but it must at least be confessed, that unless a very strong case could be made out, no alteration should be attempted. Large sums had been expended on the gaol and courthouse at Thetford out of the funds of individuals in the town, and not out of the county-rate, nesses from the remote parts of the county, they would have to travel fifty miles, the difficulty of which it might be believed not unfrequently prevented their attempting the journey. For these reasons he should support the motion. Mr. Baring objected to the motion, because if it were adopted in this instance, it must also be applied to a great many other counties. Mr. Peel objected to the motion, on the ground Dr. Lushington complained that the rt. hon. Secretary had not stated to the house the grounds upon which the decision of the judges was founded. It appeared to him, that there was no just reason for holding the assizes at Thetford, Under the present plan the interests of the many were sacrificed to the interests of the few. The assizes were originally held at Thetford, because it was the most convenient place; but now, when that reason no longer existed, why should they not be removed? that the House of Commons had no proper ju- | doers were to be open at seven o'clock, the risdiction in the case, having already transfer- performance to begin at half-past, and the adred it to the chancellor and the judges. The mitance to be 3s. each. The whole of the question had been referred to the Lord Chan-sports were said to be instituted by the “excelior, who had decided against the removal. press invitation of several noblemen and genHe was of opinion that the consideration of tlemen of the first distinction" (a laugh). He questions such as the present, with which local expected that this declaration would secure interests were mixed up, could not be left in him the vote of the learned member for Winbetter hands than those of the judges. chelsea. On a former occasion, that learned member had said that he (Mr. Martin) meddled only with the sports of the poor, and turned away his eyes from those of the rich. The learned member had said, "Show me that the nobility take part in those sports, and I will join with all my heart in putting them down." He was sorry to say, that to his knowledge some persons of rank and name did patronize these cruel practices; and he mentioned the fact now to secure the vote of the learned gent. (hear, hear). The persons to whom he alluded deserved to be stigmatized with severer reprobation than the poorer classes, against whom alone his bill was said to be directed. Their education ought to have given them feelings averse from cruelty and bloodshed, and to have taught them that their example would be of vast importance in propagating such feelings among their inferiors in station. He could see no rational objection to the measure he proposed. By the Marylebone Act all bear-baiting and other barbarous sports were prohibited within that parish; and it appeared to him difficult to assign any reason why, if the parish of Marylebone were to be exempt from such inhuman exhibitions, the parishes of St. George or of St. Margaret, or of any other saint, were to be disgraced and disgusted by them, (hear, hear). It was not, however, nature, that he wished to abolish; there were merely bear-baiting, and sports of a similar Mr. Huskisson said, that the House of Commons was not the place for appeals of this description; the law bad vested the necessary power in the hands of the Lord Chancellor and the judges. As for the distance of Thetford, as an assize town, almost every county in England stood in the same situation. Prisoners were brought much farther to York, and to Lancaster, than they could be from any part of the county of Norfolk to Thetford. Mr. W. Smith said, that if the inconvenience existed every where, the best thing would be a general alteration. The house then divided, when the numbers were-For the motion, 21-Against it, 72Majority against it, 51. Bills to prevent Cruelty to Animals. other practices, equally cruel, with which be THURSDAY, FEB. 24.-Mr. Martin moved thought the legislature ought to interfere. He for leave to bring in a bill for the abo- would give them an instance of what he meant. lition of bear-baiting, and other cruel prac- There was a Frenchman, called Magendie, tices. In the interval which had elapsed who was about to exhibit in London, and whom since the last session of Parliament, he had he considered a disgrace to society. He was conversed with almost every police magistrate in the habit of performing experiments so in the various districts of the metropolis, and attrocious as almost to shock belief. He would indeed with many magistrates in different parts not trust himself to express a further opinion of the country, and it was their unanimous upon this fellow's conduct, but would merely opinion that these cruel practices ought to be say, that he looked upon those who witnessed put down without further delay. He had been it, without interfering to prevent it, almost in fold over and over again by them, that nothing the light of criminals. On one occasion, this was more conducive to crime than such sports Mr. Magendie got a lady's greyhound, for that they led the lower orders to gambling- which he paid the sum of ten guineas. He that they educated them for thieves-and that first of all nailed its front, and then its hind they gradually trained them up to bloodshed paws to the table with the bluntest spikes that and murder. The reason why the police could he could find, giving as a reason for so doing, not meddle with these practices was, that they that the poor beast might tear away from the were not in general exhibited for money. He spikes, if they were at all sharp and cutting. held, however, in his hand an affiche, which was He then doubled up its long ears, and nailed placarded throughout the town quite as publicly them down to the same table with similar as any that announced the benefit of any singer spikes (loud cries of hear, and shame). He at the Opera. It announced that "Billy, the then made a gash down the middle of its face, phenomenon of the canine race, and superior and proceeded to dissect the nerves on one vermin killer," would go through his wonder- side of it. First of all, he cut out those nerves ful performances on Tuesday next, and that which belong to the sight, and whilst performthe receipts of the pit would on that evening ing that operation, said to the spectators, be presented to the distressed widow of Billy's" Observe, when I pass my scalpel over these late proprietor (a laugh), It then stated, that a dog-fight-a turn-loose match with two dogs and two fresh badgers-and a drawing match," would follow this astounding spectacle; and that several dogs would then be tried at a bear previous to their being sent out upon ⚫ their travels to foreign climes (a laugh). The 66 nerves the dog will shut its eyes." It did so. He then proceeded to operate upon those of taste and hearing. After he had finished those operations, he put some bitter food on the tongue of the dog, and hallooed into his ear. The dog repudiated the food, and was insensible to the sound. This surgical butcher, or butchering surgeon-for he deserved both names-then turned round to the spectators, and said, "I have now finished my operations on one side of this dog's head; as it costs so much money to get an animal of this description, I shall reserve the other side till to-morrow. If the servant take care of him for the night, according to the directions I have given him, I am of opinion that I shall be able to continue my operations upon him to-morrow with quite as much satisfaction to us all as I have done to-day; but if not, though he may have lost the vivacity he has shewn to-day, I shall have the opportunity of cutting him up alive, and shewing you the peristaltic motion of the heart and viscera." (Great disgust was manifested by the house at the statement of this experiment). He was aware of the necessity of making some experiments on living animals; but then they should be performed in such a manner as to cause as little suffering as possible. That was the opinion of the most eminent professors of medical science. He held in his hand the written declarations of Mr. Abernethy, of Sir Everard Home, of the professors of medicine at Cambridge and Oxford, and of several other respectable medical gentlemen, to that effect. They all, he believed, united in condemnation of such excessive and protracted cruelty as had been practised by this Frenchman. He had beard that this fellow was again coming to this country to repeat his experiments. He therefore had mentioned it to the house, in the hope that it would gain publicity, and excite against the perpetrator of such unnecessary cruelty, the odiom he merited. He trusted that when it was known, the fellow would not find persons to attend his lectures, and would thus be compelled to wing his way back to his own country, to find in it a theatre for such abominable atrocities. He concluded by moving for leave to bring in a bill to prevent bearbaiting and other cruel practices. Sir M. W. Ridley said, that he should oppose the motion, because he considered legislation on such paltry subjects to be quite unnecessary and uncalled for (hear, hear). would rejoice at seeing them obtain that success, which, at present, he was afraid, would be denied to his efforts. Mr. F. Buxton did not think this subject so insignificant as not to deserve the notice of the house. The hon. member (Mr. Martin) had conferred a sensible benefit upon the community by his continued exertions in the cause of humanity. His bill had already produced a beneficial and extraordinary change in the mapners of the lower orders, and was far from baving occasioned that unnecessary litigation which some gentlemen had anticipated. He had an account of the prosecutions which had been instituted under it. They were 71 in number, and in 69 cases convictions had been obtained. He had heard from those who attended Smithfield market, that a great revolution had taken place in it, owing to the exertions of the hon. member. Even those who were the first subjects of his attacks, had recently come forward to subscribe to the funds of " The Society for preventing Cruelty to Animals." Mr. Butterworth hoped that the hon. member would extend the power of his bill to the savage, abominable, and unchristian practice of prize-fighting, which had led in many recent instances to the loss of life. For the motion, 41-Against it, 29-Majority, 12. FRIDAY, MARCH 11.-On the motion that the bill to prevent Cruelty to Animals, be read a second time, laughter). If the bill were good for any thing, it should prevent cruelty in the upper ranks also. It should prevent hunting, shooting, and fishing. Could they make one law for the rich and another for the poor? There was no justice in the measure, and he would take the liberty to move that the bill be read a second time this day six months. Mr. Heathcote opposed the measure. He did not know that there were so many as two bears in the metropolis, until the compassionate narrative given a few nights ago by the hon. mover. He had, in consequence of the hon. gent.'s information, paid a visit to the bear in Ducklane; and he must say, that so far from finding 'him in the distressed and emaciated condition in which he was said to be, a better-fed and a better-conditioned bear-a more healthy and hopeful cub, he had never seen (laughter). The bear bad, it was true, been engaged in fighting in his early days; but within the last Mr. Martin did not conceive this subject too six years he had become incapable of that expaltry for legislative notice, as the hon. mem-ercise, because he had grown too fat (much ber represented it. All the magistrates of the metropolis called for a law to put down these practices: was not their call entitled to some respect and attention ? It was not creditable to the house-nay, more, it was discreditable to any member, to rise and say, not that he would negative the bill when it was brought in, but that he would not permit it to be canvassed at all in parliament. Would any man get up and boldly say to them, "I am such an amateur of cruelty, that I will not even allow a measure to be discussed which tends to abolish it?" Such language no man would dare to utter; and yet what had been said that evening approximated very closely to it. He was afraid that he should be defeated upon this bill; but if he was, the glory would be with him, and the disgrace with those who vanquished him (hear, hear). He was, however, confident that at some future period it would be passed into law. He would not say that it would meet with that success whilst under his direction; but if the gentlemen opposite would take it up, as they had done his bill for giving counsel to prisoners accused of felony, which they had almost brought to a successful issue, he would willingly surrender it into their hands, and Mr. Peel, though ready to do justice to the motives of the member for Galway, must oppose his bill. His hon. friend seemed to take for his motto “nihil humani à me alienum puto." But if the hon. member wished to prevent all cruelty to animals, let him bring in a bill to prevent field sports of every description, and he could at once understand it; but he confessed that he did not see upon what ground monkeys, and badgers, and bears, were entitled to a distinct and separate legislative enactment for their protection. Let them for a moment compare bear-beating with stag-hunting, and they would find that the former animal had a considerable advantage, because he was allowed the use of his natural powers, and was only attack ed by one or two dogs, whereas, before a stag hunt took place, they deprived the animal of his horns, which were, in fact, his only effec |