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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 . Crowtker , 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 greatest 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 causei than theft ; that a prosecution had taken place in one instance , and had terminated in conviction and condemnation . " The pain and anxiety , " he adds , " occasioned by that event , until we obtained 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 apprehension that the offenders
might suffer death : this is the general opinion of the traders of London , though in the opinion of this witness , 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 a 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 tiuch ample reason to
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consider as the prevalent opinion of tu same valuable class of persons in ^ 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 for privately stealing in shops and dwelling-houses , and in constructive bur * glaries .
Mr . Joseph Hartner , who has prac tised 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 . In the course of his practice he had confidential communication with at
least 2 , 060 capital convicts ; and may be presumed to have as good means of understanding their temptations , their fears , and their hopes , as any individual in the kingdom . He is now much employed by prosecutors , and from intercourse with them , as well as by former observation
of their conduct , has the amplest means of knowing the influence which capital punishment has on their disposition , to aid and enforce the execution of the laws . The Committee must also add , that he appeared to them a man of sagacity , as well as of a conscientious and humane
character , whose opinions on this subject are entitled to much consideration . Every part of his evidence is so important , that they find it difficult to select particular facts as worthy of greater notice . 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 severity of the punishment in numerousi capital
cases , but especially in forgeries , give verdicts of acquittal where the proofs of the prisoners * 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 . " The
present numerous enactments to take away life appear to me wjiolly ineffectual ; but there are punishments which I ' am convinced , a thief would flread , namely , a course of discipline totally reversing his formei * habits ; idleness is one of the prominent characteristics of a professed thief—put him to labour ; debauchery » another quality ; abstinence is its opposite—apply it ; company they indulge in ; they ought , therefore , to experience solitude : they are accustomed to uncontrolled liberty of action— -I would impose
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182 Register of Public Documents .
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), March 2, 1820, page 182, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2486/page/54/
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