§ Viscount Melbourne rose, in pursuance of notice, to move for leave to bring in a Bill to repeal a part of the 7th and 8th of the late King, and to permit, in certain places, the use of Spring-guns, under certain restrictions and regulations, for the protection of certain species of property. The Bill which he was about to introduce would repeal, in part, an Act, which, when it was in progress, created a considerable sensation in the public mind—an Act which was founded on motives of humanity—an Act which, in an ordinary state of society, he should view as a wise and salutary one. But circumstances rendered it expedient to depart from that measure; and in repealing any part of such an Act, he felt it necessary, in order to obviate any misconstruction or misrepresentation—because misconstruction or misrepresentation might arise on such an occasion—he felt it necessary to state, clearly and distinctly, the nature and object of the present Bill, and for that purpose he would detain their Lordships while he made a very few observations. It would not, he believed, re- 87 quire him to take up much of their Lordships' time, in order to convince them of the propriety of adopting this measure. Their Lordships must be aware, that, during the last year, great outrages prevailed, at intervals, in the agricultural districts, which at length assumed a more systematic form, and the crime of setting fire to barns and stacks, and to the means of subsistence—that species of property which it was the object of this Bill to protect, became alarmingly prevalent. To put down that crime it was deemed necessary to introduce the present Bill. It was impossible for him to describe the motives which led to the commission of that crime—a crime totally at variance with the British character. It was impossible for him to describe the feelings in which it originated, or the objects which those who perpetrated it could have in view. It was a crime, for the commission of which, or in extenuation of which, no such reasons could be adduced as might be advanced with respect to other crimes. It appeared to arise from the most pure, and unmixed, and diabolical feeling of senseless malignity. No reason could be found for it, either in the ordinary infirmity, or the ordinary corruption of human nature; and, therefore, it could only be excused and palliated by men who were themselves actuated by those motives of pure, unmixed, and diabolical malignity, to which alone he could trace such nefarious practices. It was a crime, it must be observed, exceedingly easy to be committed, and extremely difficult of detection. It might be effected by a single emissary, with perfect security; and if the act were done with dexterity, no traces remained to show the manner of its perpetration all clue to discovery was lost in the very success of the attempt. The crime being of so heinous a nature, so easy of perpetration, and so difficult of detection, it became absolutely necessary to adopt every means of prevention against it; and for that purpose he had thought it proper to propose to their Lordships the adoption of those means which he had already mentioned, but the use of which had been prohibited by the Act which passed some years ago. The Bill which he was now about to introduce, would authorize two Justices of the Peace to grant a license to any person who should apply for the same, on evidence taken with respect to the situation of the premises, or on actual 88 view of the premises, he being the owner or occupier of such premises, to set spring-guns and man-traps in or about any barns or out-houses, or open yards, that shall have standing in or on them, any stacks of corn, hay, beans, &c., which require protection. It was proper that notice, as public as possible, should be given of the setting of such spring-guns or man-traps, and therefore a severe penalty was to be inflicted on those who set such spring-guns or man-traps without giving the necessary notice. As it was hoped that the state of things which led to this measure would not long continue, it was proposed that this should be but a temporary Bill, to be enacted for one year, and to the end of the then next Session of Parliament. He was aware that some of the objections which had formerly been advanced against the practice of setting spring-guns might be urged on this occasion: but the measure was forced upon Ministers by melancholy, but imperious necessity. They were obliged to resort to it as a means of security against the malignity of these most criminal transactions. Unfortunately, the crime produced not only the immediate consequences that necessarily must result from it, but it was also productive of other disastrous effects; and, amongst them, it was not the least to be lamented, that it compelled Ministers to resort to a measure which might be attended with peril to the innocent and unoffending part of the community.
§ Bill read a first time.