Mr. Bennetcalled the attention of the House to the number of Prisoners now under sentence of death in Newgate, and whose cases had not yet been reported to the Prince Regent. This number was set forth in a return presented to the House on Wednesday last. There were five who received sentence of death in July last, and four in September, whose cases had been reserved for the opinion of the judges. He could wish to know whether, in these instances, the delay was
‡504 imputable to them. There were 29 persons in the same awful situation, on whom judgment had been passed in October last; 29 also in December: 21 in January; and 12 more had been since added to the number. At four o'clock yesterday, when he visited that prison, the whole number of individuals in that dreadful situation was not less than one hundred. He wished the House could have been a witness to the scene which was there exhibited, to the deep despair of some, the impiety of others, and to the senseless and half intoxicated state in which a third class appeared to be absorbed. He was informed, by persons familiar with such scenes, that this was generally the character of them; and such, he was sorry to say it, was the shameless manner of administering the laws, that these unhappy offenders rejoiced when the certainty of execution was made known to them, because it was a relief from that state of cruel and horrid suspense in which they were before situated. He trusted the noble lord had a satisfactory explanation to give upon this subject, for he could assure him from a very extensive correspondence, that the country expected it, and considered the evil he had alluded to as the greatest blot on the administration of justice.
Lord Castlereaghunderstood that the delay in the earlier cases had arisen from a necessary investigation into their circumstances. With regard to the latter cases, a council would have been already called, on the subject, had not a very important inquiry intervened and caused an unavoidable postponement of that consideration. The council would, however, be held tomorrow, and he entirely concurred with the hon. gentleman in thinking that no subject demanded greater promptitude of attention.
The Attorney Generalobserved, that of the convicts mentioned by the hon. gentleman as being under sentence of death, some were those whose cases had been reserved for the consideration of the judges; whose judgment was not promulgated.
Mr. Bennetreprobated the delay that ' had taken place in the report of those under sentence of death in October. Why had it not been presented long ago?
The Attorney Generalobserved, that during the first part of the intervening period the recorder had probably not been prepared for his report, and that of the delay in the last part his noble friend had stated the cause.
Mr. Bennetreplied, that he knew from good authority, that the recorder had been long prepared with his October report. If so, he contended that the secretary of state for the home department, the lord chancellor, or whosoever ought to have had to do with the business, had been guilty of a criminal neglect of duty.
The Attorney Generalremarked, that whatever information the hon. gentleman might have received, it could hardly be on better authority than that on which he asserted, that, some days ago, the recorder was not ready to ask for a day to be appointed for the reception of his report.
§ Alderman C. Smithstated, that the delay in making the report arose from the length of the sessions and from motives of humanity. It was spent, in fact, in making inquiries into the various cases. The prisoners in Newgate, where he had been that day, did not complain of the law's delay. At three o'clock that very afternoon, the recorder had told him that he would make his report to-morrow, and was happy to say that he should have but few to execute.
§ The motion was then agreed to.