empire when they ejected Sir John HOBHOUSE, for his official tergiversation on the subject of the assessed taxes, and for advocating, as Secretary at War, that system of military flogging which received his unqualified reprobation, as it did that of all the whigs, including Lord ALTHORP, when out of office. Had not the revival of ex officio informations against the Press, under the conduct of the Attorney-General, something to do with the forfeiture of his parliamentary seat? * The speech of the CHANCELLOR of the EXCHEQUER, upon Sir R. HERON's motion, induces us to think that on this occasion the thing was put forth only as a feeler, to try the pulse both of parliament and the country. Lord ALTHORP contended that if such a measure were adopted, it would be no infringement of the Constitution. He declined the boon proffered by Sir R. HERON, not as a thing to be absolutely rejected, but to be reserved for a future occasion. Indeed he plainly intimated that if the inconvenience of the Government becomes greater than it is, from the free exercise of the elective franchise, with regard to representatives accepting places, a ground will be laid for the adoption of such a measure. That is, if the Government become more unpopular, and find it more difficult to persuade the people to return their creatures to parliament, a great constitutional check upon undue influence must be removed in order to extricate them from embarrassments of their own creating! As to Mr. BULWER's amendment, we regard it as going upon a principle both absurd and dangerous :—absurd, as placing in a representative assembly persons who are not representatives; and dangerous, as enabling the Government to put in places of trust and dignity connected with the administration of public affairs, persons who have not the character or talents to give them a chance of success with any electoral body in the kingdom. How awfully are great constitutional principles lost sight of by the patriots of modern days, when we find Mr. BULWER endeavouring to break down whatever control the people have over Ministerial appointments. * * Scene at an Execution as described in a public AN alliance with the mean and ignoble passion of revenge being beneath the dignity of justice, all judicial punishment beyond what is necessary for the coercion of the offender, is said, by those who administer penal law, to be for example and that only. It follows, that if the example fails of the effect intended, the infliction of the punishment can no longer be defended on any other ground than that which is disclaimedviz., that when the infliction of a certain punishment fails to produce a beneficial example, it ought to continue to be inflicted for the purpose of gratifying revenge. Now, we have, at various times shown, from the statistics of crime and punishment in different countries, that the punishment of death produces no beneficial effect on the morals of society-that, in fact, it is worse than useless as an example. What other purpose, then, can it serve, except to make our laws minister to the spirit of revenge? It will not be asserted that such a punishment is necessary to coerce the offender from a repetition of his offence, because deprivation of liberty, in a well-regulated prison, or a penal settlement, answers the purpose of coercion quite as well; and, what is more, it is for the more heinous crimes, not a momentary, but a lasting example. For this reason it is, that in some States of Germany the perpetrators of the worst offences are kept in perpetual confinement and chains, and in that condition are seen by the public at certain times of the year. So far are the interests of society from being endangered by this bloodless vindication of the authority of the law, that crimes, especially those of a heinous nature, are far less prevalent in those States, in comparison with the amount of population, than in our own country, where executions are so frequent. Need we point to the Castle of Ham and its inmates as a further practical illustration of the principle for which we contend? We have maintained not only that the punishment of death is useless, but absolutely pernicious; that wherever it much prevails, murder is more frequent than elsewhere, because the law detracts from the sacredness of life in the eyes of the multitude. "Life for life" is part and parcel of the system of retaliation which the DIVINE FOUNDER of the Christian dispensation expressly repealed. If, indeed, in compliance with long usage and human prejudice, the punishment of death be retained for any crime, we would confine it to murder, not on the vulgar principle of expiation-for how can the taking the life of one person, compensate for the murder of another?-but because, murder being the greatest of all crimes, it should not be confounded in punishment with any other. That executions, whatever may be the crime, have a bad and brutalizing effect on the class of persons who form the bulk of the spectators upon such occasions, may be shown by abundant instances. When stealing from the person was punishable with death, the London thieves used to attend the execution of their comrades to take advantage of the excitement of the tragic scene, and pursue their vocation at the foot of the gallows. At Liverpool, only a day or two ago, a new practical proof was given, not only of the uselessness, but the demoralizing influence of executions. We allude to the execution of the woman named Betsey Rowland, for murder, convicted on thursday, and hanged on saturday. We take from the columns of a Morning contemporary an account of the conduct of the populace, upon whom the awful scene of the scaffold was intended to operate as a great moral example. It appears that there was a mistake as to the time appointed for the execution, which caused the populace of the vicinity to assemble in the morning; but it did not take place until three o'clock in the afternoon. Their conduct is thus described in the report to which we have alluded :: "We never recollect to have witnessed a larger congregation of blackguards at scenes of this shocking nature. During the lapse of time the mob, tired of amusing themselves by doing considerable mischief to the fields and gardens in the neighbourhood, commenced an attack by throwing missiles at one another; and those individuals of a better caste in society, although it cannot be said of a better taste, were sure to come in for the most liberal share. A detachment of the police force, under the command of Mr. WHITTY and Inspector HEATON, were on the spot, and with the utmost difficulty preserved the pockets of the people (thus were the schemes of depredation pursued at the foot of the gallows). The police left the ground about nine o'clock in the morning; but no sooner had they turned their backs, than a ruffianly gang, instigated by their vile propensity for thieving, made an attack on the females (of whom we regret to say there was a large sprinkling), tearing away their tippets shawls, bonnets, and other articles of dress convenient to carry away. Many of the females took refuge in the gaol, and were let through the Court House at the other end of the building.” Here was a moral example! As to the females who had tippets and shawls to lose, we can hardly pity the treatment they received for being in such company, and on such an occasion. They went to the place of execution to enjoy a horrible pleasure in witnessing the dying agonies of a fellowcreature; and though strangling of the criminal had no beneficial effect upon the multitude, we trust that their punishment will operate as a salutary example, and prevent them from attending such brutalizing exhibitions in future. With respect to such spectacles, a Paris Correspondent of another Journal-the Morning Chronicle-had some time ago the following observations : "Oh! if the people of England did but know one-thousandth part of what is said and thought, throughout civilized Europe, of these periodical executions in London, and at the country assizes, I cannot but think they would demand the abolition of capital punishments with the same unanimity and energy as they now display for a reform in parliament. On a recent occasion, at a town in France, when a man, a criminal, deserving solitary imprisonment for life, was ordered to be executed, on the morning of the day all the shops and houses were closed, the streets were deserted, and no one assisted at the execution but the public executioner and the officers of justice." Here the example was lost, for there were no spectators for the example to operate upon! Since that time, Louis PHILIP, contrary to his former professed abhorrence of the punishment of death, has been endeavouring to reconcile the French people to the use of the guillotine. In that respect, as PHILIP l'Egalité did, he may go too far, and see his error too late. Retirement of Baron BAYLEY from the Bench.-Feb. 3, 1834. THE retirement of Baron BAYLEY has deprived the Bench of one of its greatest ornaments. As a lawyer, he has scarcely left his equal behind him for extensive knowledge of the science of law, sound judgment, and legal acumen as a Judge, his patience, serene temper, and spotless integrity rendered him a model of judicial dignity and virtue. The known worth of his character and the kindliness of his manner endeared him to the profession. His independence, humane disposition, and purity in the high station which he so long filled, have made his resignation of office a public loss, which will not be easily repaired. The sincere regret and esteem of the Bar and of society follow him into private life, and his name will henceforth be enrolled among those of the righteous Judges who have held the balance with equal hand, and "seasoned justice with mercy." The writer of this never having had any intercourse with the venerable personage to whom this tribute of respect is paid, except in the discharge of professional duties, cannot be accused of that personal bias which sometimes unconsciously gives to the portrait, which the hand of friendship sketches, the colours of the flatterer. It is of as great moral utility and national importance that incorruptible virtue in high places, and more especially on the judgment-seat, should be held up to public admiration, as that vice and corruption, when clothed in the robes of power, should be exposed, scorned, and detested. The brand which impartial history has stamped on the memory of a SCROGGS or a JEFFRIES, is a warning to all who might be induced to pervert the administration of justice to the oppression of the people. It is the final and irreversible sentence of a tribunal, before which they who judge others, must themselves be judged, and from which they can have no appeal on earth. As there is no infamy greater than the perversion of the laws to the gratification of the passions, or the ensuring the personal advantage of those who administer them; so there is no praise too great for the conduct of those appointed guardians of the laws, who make their office reverenced by the purity and clemency with which they exercise it, who show in all their judicial actions that neither fear nor favour taints their decisions, and that they offer from their hearts a pure allegiance to the majesty of justice. After what we have stated, we need not |