In proposing to revive those bills, your Committee feel a singular satisfaction that they are enabled to present to the House so considerable a body of direct evidence in support of opinions, which had hitherto chiefly rested on general reasoning, and were often alleged by their opponents to be contradicted by experience. Numerous and respectable witnesses have borne testimony, for themselves and for the classes whom they represent, that a great reluctance prevails to prosecute, to give evidence, and to convict, in the cases of the three last-mentioned offences; and that this reluctance has had the effect of producing impunity to such a degree, that it may be considered as among the temptations to the commission of crimes.

But highly as the Committee esteem and respect the Judges, it is not from them that the most accurate and satisfactory evidence of the effect of the penal law can reasonably be expected. They only see the exterior of criminal proceedings after they are brought into a court of justice. Of the cases which never appear there, and of the causes which prevent their appearance, they can know nothing. Of the motives which influence the testimony of witnesses, they can form but a hasty and inadequate estimate. Even in the grounds of verdicts, they may often be deceived. From any opportunity of observing the influence of punishment upon those classes of men among whom malefactors are most commonly found, the judges are, by their stations and duties, placed at a great dis

tance.

The Committee have sought for evidence on these subjects from those classes of men who are sufferers from larcenies, who must be prosecutors where these larcenies are brought to trial-who are the witnesses by whom such charges must be substantiated

and who are the jurors, by whose verdicts only effect can be given to the laws.

Mr Shelton, who has been near forty years clerk of arraigns at the Old Bailey, states, that juries are anxious to reduce the value of property below its real amount, in those larcenies where the capital punishment depends on value; that they are desirous of omitting those circumstances on which the ca pital punishment depends in constructive burglaries; and that a reluctance to convict is perceptible in forgery.

Sir Archibald Macdonald bears testimony to the reluctance of prosecu tors, witnesses, and juries, in forgeries, in shop-lifting, and offences of a like nature. He believes that the chances of escape are greatly increased by the severity of the punishments. "Against treason, murder, arson, rape, and crimes against the dwelling-house or person, and some others," he thinks, "the punishment of death should be directed."

T. W. Carr, Esq. solicitor of excise, a very intelligent public officer, gave an important testimony, directly appli cable, indeed, only to offences against the revenue, but throwing great light on the general tendency of severity in penal laws to defeat its own purpose. From his extensive experience it appears, that severe punishment has rendered the law on that subject ineffica cious. Prosecutions and convictions were easy when breaches of the law were subject to moderate pecuniary pe nalties; even a great pecuniary penalty has been found so favourable to impu nity, that fraudulent traders prefer it to a moderate penalty. The act of counterfeiting a stamp in certain cases, within the laws of excise, was, before the year 1806, subject only to a penalty of 500l.; but in that year it was made a transportable offence; of which the consequence was, that the convictions, which, from 1794 to 1806, had been 19

don, stated a case of property to the value of one thousand pounds stolen from him, where he was deterred from prosecution by the capital punishment; and expressed his belief that a similar disposition prevailed among persons of the like condition and occupation with himself.

Mr Josiah Conder, bookseller, Mr Joseph Curtis, currier, Mr Wendover Fry, type-founder, and Mr John Gaun, a merchant and shoe-manufacturer, stated instances in which they were prevented by the capital punishment from prosecuting offenders, whom they would have brought to justice if the punishment had, in their opinion, been more proportioned to the crime. They also declared, that there is a general disinclination to prosecute among the traders of the city of London, or to convict in thefts without violence, and in forgeries.

Sir Richard Phillips, a bookseller in London, and once sheriff, as well as often a juror, has in these several capacities observed the same facts.

Mr Richard Taylor, a commoncouncilman, prosecuted some men for breaking into his printing-office, and stealing some property out of it, for which they were transported, but whom he would not have prosecuted if he had not previously ascertained that the connexion of the printing-office with the dwelling-house was not such as to make the act a capital offence.

Mr Richard Martin, a member of the House, informed the Committee, that the punishment of death prevented prosecutions in Ireland for horse, cattle, and sheep-stealing, for privately stealing in dwelling-houses and shops, and in general for all larcenies. without violence. Though the extensive estate, of which he is proprietor, be almost laid waste by sheep-stealing, he has been prevented from prosecu. ting by the punishment of death. If

the punishment were reduced to transportation, he would certainly prosecute the offenders to conviction. He has no doubt that his estate would be better protected if the law were more lenient; and that the reduction of the penalties of the law would promote the security of property throughout the province of Connaught.

Mr James Soaper, of Saint Helen's Place, Mr Ebenezer Johnson, of Bishopsgate-street, ironmonger, Mr Baker, of the Tower, Mr Lewis, a retired merchant, and Mr Garrett, an insurance-broker, bore testimony to the general repugnance to prosecution which arose from capital punishment; some of them mentioned instances in which they had been deterred by that consideration from bringing offenders to justice. Mr Garrett said, that as far as his observation went, there was not one in twenty who did not shudder at the idea of inflicting the capital pu nishment in cases of forgery. Messrs Frederic and William Thornhill, hardwaremen, mentioned cases of theft in which they had forborne to prosecute on account of the punishment of death. The former added, that he found it to be an almost universal sentiment among his neighbours and acquaintances, that excessive punishment tends very greatly to the production of crime; that he knows many persons who have been great sufferers by thefts in shops and dwelling-houses, and who declare, that if the punishment of such offences had been any thing less than death, they would have regarded it as highly cri minal in themselves to have forborne prosecution, which they had felt themselves compelled to abstain from in every instance on account of the punishment, and must continue to act on the same principle of forbearance till there was an amendment in the law. He also informed the Committee, that from his knowledge of a great variety

of cases, he was convinced the more lenient punishment would more effectually prevent forgery.

Mr Collins and Mr Crowther, considerable and very respectable traders in Westminster, gave evidence which the Committee consider as of peculiar value. Mr Collins has suffered both from larcenies and forgeries, and was restrained by the state of the penal law from bringing the offenders to justice, which he would otherwise have taken the pains to do. He thinks that the laws of God do not permit life to be taken away for mere offences against property; and that among his friends, many of whom are traders in London and Westminster, he does not know a single exception from concurrence in such sentiments. Mr Crowther stated, that no porter had left their establishment for twenty years for any other cause than theft; that a prosecution had taken place in one instance, and terminated in conviction and condemnation. "The pain and anxiety," he adds, " occasioned by that event, until we obtain ed for him the royal mercy, none can describe but ourselves; which made us resolve never to prosecute again for a similar offence." The general opinion of the traders in London and Westminster is the same with his own. He declared, that if he received a forged bank note, he should be prevented from prosecution by the punishment of death, and that if the punishment were less than death, he should undoubtedly consider it as his absolute duty to bring the offender to justice. He believes that nine tradesmen out of ten agree with him.

Mr Stephen Curtis, a leather-factor in London, stated several cases of forgery, fraudulent bankruptcy, and larceny, where the persons injured declined to prosecute, from apprehensions that the offenders might suffer death; this is the general opinion of

the traders of London, though, in the opinion of this witness, there is scarcely a shopkeeper from Cornhill to Charingcross who does not suffer from shoplifting.

Mr Jacob, who has lately travelled through England on business, and Mr Jennings, for some time shopkeeper near Bridgewater, gave some evidence tending to shew that the general sentiments of traders in the country were, on capital punishments, the same which the Committee had such ample reason to consider as the prevalent opinion of the same valuable class of persons in the metropolis. Mr Jennings observed, that these opinions prevailed among farmers as well as shopkeepers, and that the capital punishment prevented prosecutions for horse, cattle, and sheep-stealing, as well as from privately stealing in shops and dwelling-houses, and in constructive burglaries.

Mr Joseph Harmer, who has practised for twenty years as a solicitor at the Old Bailey, gave a testimony which the Committee cannot but recommend to the most serious consideration of the House. He informed the Committee, that he knew many instances of persons injured by larcenies and forgeries, declining to prosecute on account of the punishment; that the same consideration strongly disinclines many persons to serve as jurors at the Old Bailey, and induces them to bribe the summoning officer not to summon them; and that he has seen juries, influenced, as he believes, by the seve rity of the punishment in numerous capital cases, but especially in forgeries, give verdicts of acquittal where the proofs of the prisoner's guilt were perfectly clear. Old professed thieves, aware of the compassionate feelings of juries, are, he says, desirous of being prosecuted on capital indictments rather than otherwise.

In addition to the general evidence

above stated, to notorious facts, and to obvious conclusions of reason, the Committee have to state the testimony of some witnesses of peculiar weight, on forgery. Mr John Smith, a member of the House, and banker in London, stated, that he knew instances where prosecutions for private for geries were relinquished on account of the punishment, and had no doubt that if the punishment was less, prosecution would have taken place.

Mr Barnett, also a member of the House, and a banker in London, is of opinion, that capital punishment goes extremely to discourage prosecutions in forgery; he knows many instances of this; scarcely a year passed with out something of the kind; he is of opinion that the majority of private forgeries pass unpunished, on account of the severity of the punishment. The punishment of death tends, in his opinion, to prevent prosecution, and to increase the crime.

Mr J. F. Forster, a Russia merchant, and Mr E. Forster, a banker in London, gave some remarkable examples of the repugnance to prose. cute in forgery. In one, by the connivance of the prosecutor, a person who was introduced to the magistrate as a friend of the prisoner's, desired to see the forged cheque, snatched it away, and threw it into the fire;-a mode of avoiding prosecution which, from other parts of the evidence, does not seem to be uncommon. ther, a forgery to the large amount of 1500%. where the forger and the utterer were both in custody, the prosecution was relinquished merely be cause the offence was capital.

In ano.

Mr Fry, a banker in London, mentioned four cases of prosecution for forgery which were prevented by the capital punishment, in one of which the party injured swallowed the forged note, that he might not be compelled

to prosecute. Mr Fry explicitly stated, what is indeed implied in the evidence of the preceding witnesses, that as a banker, he should consider his property as much more secure if the pu nishment of forgery were mitigated to such a degree that the law against that offence would be generally enforced; in nine cases out of ten of forgery which he has known, there has been an indisposition to prosecute.

Dr Lushington declared that he knew, that in the minds of many persons there is a strong indisposition to prosecute, on account of the severity of the punishment; and that he had heard from the mouths of prosecutors themselves, who have prosecuted for capital offences, where there was a danger of the persons being executed, the greatest regret that they had so done; and many times they have expressed a wish, that they had been able to have foreseen the consequences, they would never have resorted to the laws.

Mr Charles Attwood, a manufacturer of window glass at Newcastle, and a seller of window glass in London, had observed a very considerable indisposition to prosecute in capital cases among the traders of London. generally; and conceives that this reluctance would abate, if the capital punishment were mitigated to something less than death.

Mr Isaac Lyon Goldsmid, a broker to the Bank, and to merchants, whose experience in the transactions of bankers is very extensive, entertains no doubt that the punishment of death has a tendency generally to prevent prosecution, and thinks that evidence to that effect might be discovered in hundreds of instances.

Mr Daniel Gurney, a banker in the county of Norfolk, declared his own reluctance, and had observed a similar reluctance among many bankers and