§ MR. WHALLEYsaid, he would beg to ask the Secretary of State for the Home Department, Whether it is intended to give effect to the unanimous recommendation of the Royal Commission on Capital Punishment by abolishing the same in cases of murder without malice aforethought?
MR. BRUCEsaid, in reply, that he must remind his hon. Friend that the offence of murder was never complete unless there was malice aforethought. The recommendation of the Royal Commission was, that the punishment of death should not be inflicted unless there was deliberate murder and express malice 1429 aforethought. There was the greatest difficulty in giving effect to this recommendation. The present was not the time for entering into these difficulties; but his hon. Friend would see, by perusing the excellent observations of Mr. Fitzjames Stephen upon the Report of the Commissioners, what the difficulties were.