§ MR. DARBY GRIFFITHsaid, he would beg to ask the Secretary of State for the Home Department, Whether he wishes it to be understood that, in all cases which have fallen under his consideration since he has been in office, he has adopted, and intends in future to adopt, the recommendations of the Royal Commissioners on Capital Punishment as a test and guide for the exercise of the Royal Prerogative of Mercy, before any legislation by Parliament has taken place on the subject?
§ MR. WALPOLESir, I think it right, before answering the Question of the hon. Member, to state specifically what were the recommendations of the Royal Commissioners, which I have endeavoured humbly and faithfully to act upon. Those recommendations were three—
1. That the punishment of death be retained for all murders deliberately committed with express malice aforethought, such malice to be found as a fact by the jury; 2. That the punishment of death be also retained for all murders committed in or with a view to the perpetration, or escape after the perpetration, or attempt at perpetration of any of the following felonies—murder, arson, rape, burglary, robbery, or piracy. 3. That in all other cases of murder the punishment be penal servitude for life, or for any period not less than seven years, at the discretion of the Court.Those three recommendations were unanimously adopted by the Commissioners. I have never heard them found fault with because they restricted the punishment too much, but questions have been raised whether they might not have restricted it somewhat more. When I succeeded to the office I now hold I felt it my duty to act upon the unanimous recommendations of the Commissioners as far as I could, and I propose to do so in future. Might I take the liberty of adding one word? There is no duty which the Secretary of State has to perform so painful as that of advising Her Majesty with reference to the exercise of the Prerogative of Mercy. In the discharge of that duty no one who holds the office can ever have or ever has had 735 any other motive than honestly and faithfully to execute the law in the manner in which he believes that it was intended by the Legislature to be administered. But difficult as that duty is, its difficulty will be ten times—aye, a hundred times—increased if those who wish to question the conduct of the Secretary of State in advising upon cases of this description make attacks upon him without information, and before explanations are given, without even the common courtesy of applying for such information. I can assure hon. Gentlemen, whoever they may be, who question my conduct that information would be freely and willingly afforded to them, and after it has been given, and they still see reason to find fault with me, then, but not till then, comes their opportunity to do so.