HC Deb 07 July 1873 vol 216 cc1891-2

Bill considered in Committee.

(In the Committee.)

Clause 1, agreed to.

On the Motion of Mr. CHARLEY,

Clauses 2, 3, and 4 struck out of the Bill; and new clauses (Repeal of sections 50 and 51 of 24 and 25 Vic. c. 100), and (abusing a girl under twelve years of age) inserted in place thereof.

MR. BRUCE

said, that the hon. and learned Member for Salford (Mr. Charley) had struck out the whole of his Bill, and had replaced it by two clauses; and as he approved of the object which those clauses effected, he should no longer oppose the measure.

The Marquess of Harlington

MR. WHARTON

moved a new clause providing, at the discretion of the court, that whipping may be added to other punishment, if the girl is under 12 years old. Where a man was a brute he should be treated as one.

New Clause (Whipping may be added to other punishment if the girl is under twelve years old,)—(Mr. Wharton,)—brought up, and read the first time.

MR. BRUCE

said, he felt bound to resist the proposal, on the ground that it affirmed a vindictive principle which it was not desirable to carry further than was necessary.

MR. WHARTON

said, he intended this clause to act as a deterrent merely. He was induced to move it, from observing what a beneficial effect a like punishment had upon a somewhat kindred crime—namely, that of garrotting.

MR. BRUCE

said, he must point out that garrotting had in a great measure ceased before the Act inflicting whipping as a punishment for it was passed. Moreover, he considered that as they had already passed a clause inflicting penal servitude for at least five years, they ought not to add corporal punishment, the deterrent effect of which, to say the least, he considered of doubtful effect.

MR. BERESFORD HOPE,

in supporting the clause, said, he agreed with his hon. Friend who moved it, that whipping should be inflicted in cases of this sort. He would make the brutes who committed such crimes wince and howl.

Question put, "That the Clause be read a second time."

The Committee divided:—Ayes 39; Noes 25: Majority 14.

Bill reported; as amended, to be considered upon Thursday, and to be printed. [Bill 223.]