Mr. Baron Hotham pronounced judgment as follows:—

“Prisoner, you have been indicted, tried, and convicted of a crime which

the law of this country has thought fit to make capital, and now the

most painful moment that I have undergone in the course of this trial is

arrived, for it is my duty to pass upon you that dreadful sentence. I

shall not interrupt those feelings which I trust you have by talking to

you of the enormity of the offence which you have committed, because it

is impossible for me, or any man who hears me, to add a word by way of

aggravation to it, and it has this in particular about it, that it

cannot have been committed from any motives of private malice, revenge,

or lucre. It can have proceeded only from a general malignity of mind,

which has broke out in a desire and a design, not only to ruin one

devoted individual, but to involve every one of this audience, nay, the

whole English nation perhaps, in immediate ruin. You cannot, therefore,

be surprised that the law has thought fit to punish such a crime with

death. You can as little be surprised if, after you have been convicted

upon the clearest evidence of this offence, I can give you no hope of

pardon.[11] It is impossible for me to say a word on your behalf, and

therefore I must entreat and conjure you, in the most solemn manner, to

prepare yourself during the few days you have to live, to meet the great

God in another world, and to ask him there for that pardon which you

could not receive in this; there it will be worth receiving; and

atrocious as your crime has been, short as the time is that you have to

live, a sincere repentance now on your part may, and I hope in God will,

procure you mercy at His hands. I say all this not to taunt or distress

you in your present unhappy situation, but merely from motives of

humanity and religion. For you cannot be suffered to live in this world;

you must die, and that within a very few days. And therefore, before you

go into eternity, for your soul’s sake do what you can, that that

eternity may be an eternity of bliss instead of misery. I have only now

to pronounce the painful[12] sentence of the law which I am bound to do,

and I accordingly adjudge and order you to be hanged by the neck until

you shall be dead; and the Lord have mercy upon your soul.”

The Prisoner: “My lord, I am exceedingly well satisfied.”

On the morning after his condemnation, he informed the turnkey of his

own spontaneous accord that he felt an earnest desire of confessing his

crime, and laying the history of his life before the public; and that,

by discovering the whole of his unaccountable plots and treasonable

practices, he might make some atonement to his most injured country for

the wrongs he had done, of which he was now truly sensible, and a

repentant sinner.

This request being made known to John, fourth Earl of Sandwich, then

First Lord of the Admiralty, that nobleman directed Sir John Fielding to

send down proper persons to take and attest his confession. The culprit

confessed accordingly, and the statement signed by him, and dated 7th

March, 1777, was attested by George Durnford and N. P. Smith, Esqs.,

Justices of the Peace for the city of Winchester. It tallies with the

more lengthy account of his hideous career which the prisoner also drew

out, signed, and left for publication.

The prisoner was carried from Winchester Gaol on the 10th March, 1777,

to Portsmouth, where it was appointed he should be executed at the dock

gate.

Having been carried in an open cart by the hemp-house, and round the

ruins of the rope-house, when he came opposite the commissioner’s house

he desired to speak with the commissioner, who thereupon went up close

to him. He said:—

“Sir, I acknowledge my crime, and hope for forgiveness from God, through

the merits of my Saviour Jesus Christ. I ask pardon of you, sir, and

hope your forgiveness.”

Upon the cart’s moving, he said, “he had one thing more to observe as a

caution to all the commissioners of the dockyards throughout England, to

be more vigilant and strictly careful of them for the future, because it

is in the power of a determined and resolute man to do a great deal of

mischief.” As the cart stopped at the end of the rope-house, he looked

attentively at the scene of his offence, and said, “I acknowledge my

crime, and am sorry for it.” On returning out of the dockyard, upon

being asked if he had anything more to say to the commissioner, he said,

“No; only I recommend great care and strict vigilance at the dockyards

at Chatham, Woolwich, Deptford, Portsmouth, and Plymouth, and

particularly at the rope-house at the latter.” Just before he was turned

off he said:—

“I acknowledge the justness of my sentence, and hope for forgiveness, as

I forgive all the world. I wish success to His Majesty King George and

his family, and all his loyal subjects, and I hope for forgiveness of

all the transactions that I have been guilty of from the year 1772,

since my apprenticeship, and the world will be satisfied about me, as my

life will be very soon in print.”

The convict then giving the signal, was drawn up by the pulleys to the

top of the gibbet, which was made of the mizen mast of the _Arethusa_

frigate, and was sixty-four feet and a half high. He hung one hour, and

was taken down and suspended in chains on Blockhouse Port, at the mouth

of Portsmouth Harbour, where his body remained gibbetted for several

years.

The prisoner’s full confession was published after his death, and it

forms so extraordinary a narrative, that the major portion of it may not

be inappropriately inserted here. It runs as follows:—

“I drew my first breath at Edinburgh, in Scotland. My father, David

Aitken, was a whitesmith, which business he for many years carried on in

a creditable way. I was brought up in the persuasion of a Protestant

dissenter, and being the only son, was treated with that paternal

affection which, by gratifying all my desires, begot in me the most

stubborn and obdurate disposition. At nine years of age I was placed in

Heriot’s Hospital at Edinburgh, a charitable foundation of the same kind

with Christ’s Hospital in London, where, continuing for six years, and

having the advantage of a liberal education and a natural taste for

drawing, I was at the age of fifteen apprenticed to an eminent painter

in the city of Edinburgh, and I served the whole of my apprenticeship,

much to my own credit, and to the satisfaction of my master. My leisure

hours were generally employed in reading the most favourite subjects of

the marvellous kind, such as the desperate expeditions and engagements

of brave men both by sea and land. At the expiration of my

apprenticeship, I set off with my mind thus prepared to seek my fortune.

I had before lost my father, whose sudden death prevented him from

placing me in business under his own eye, as was his original intention.

His circumstances were such as could not enable him to make provision

for me equal to the notions I had entertained. I had very early

contracted an itch for the service, and notwithstanding the affairs of

my father, I had yet hopes of procuring a commission in the land forces.

I applied to my mother to assist in importuning my friends and relations

to serve me in this particular. But our endeavours were in vain, and I

saw the object of my ambition beyond my reach. I therefore, in a fit of

resentment, embarked for London with all the money I could scrape

together, not doubting but I should get into some creditable employ

before it was all spent.

“On my arrival in the great metropolis, I applied to people in the

painting way, and immediately got into employ. But business not long

agreeing with my inclination, and having formed an acquaintance with

some extravagant young men, by whom I was led into all manner of vice

and debauchery, I soon found the last farthing of my little pittance

expended. In this condition, deserted by my companions, and in a strange

country, I determined to relieve myself on the highway. I accordingly

provided myself with pistols, and without the least concern or

apprehension of danger, proceeded to Finchley Common. Perceiving a

post-chaise, I made up to it, and with a discharge of one of my pistols,

demanded them to stop. My success in the first attack tempted me to

proceed, so that before midnight came on I had robbed several carriages

and horsemen, and upon the whole had collected a considerable booty. I

returned to London with great satisfaction, and finding out my old

companions, informed them I had just received a large sum of money. They

congratulated me on my good fortune, and readily took me again into

their party. I observed myself advertised, and an exact description of

my person and dress in all the papers. It was therefore my first care to

change my clothes and make every alteration in my person I could

possibly devise, and it was my fortune to escape undiscovered. My own

excess and that of my companions soon reduced me to the last shilling;

at length, dreading the consequences of a detection, I determined to

seize the first opportunity of leaving the kingdom. America presented

itself to my imagination, and I readily believed it would turn out most

to my advantage. Hearing of a vessel bound to America, I made

application to the master, Captain John Robertson, who took me into his

service: but not having money to provide myself with such things as were

necessary for the voyage, I indented myself to him till such time as I

should pay him twenty-four pounds Virginia money, and then was to have

my full liberty. Soon after my arrival in Virginia, Captain Robertson

having taken in a freight for England, consigned me over to one Mr.

Graham, of James’ Town. But as it never was my intention to remain

longer with the captain than suited my convenience, I immediately

quitted the service of Mr. Graham, and travelled up the country through

Maryland, till I arrived at Philadelphia. From thence I went to Amboy,

and got employment in the painting business; but hearing there was

better encouragement at New York, I made the best of my way to that

city, where I received better wages, and remained very well satisfied

for a considerable time. Upon hearing of the riots at Boston, the

restlessness of my disposition would not suffer me to remain any longer

at New York, and meeting with a companion, we agreed to set out together

for that place, and I cannot deny being very active in those riots,

particularly in sinking the tea, and insulting the friends of

Government. When I heard of the armaments raising in Great Britain

against America, and the expectation of a British fleet at Boston, I

thought it advisable to leave the place, and therefore took the

opportunity of a vessel and went to North Carolina, where meeting with

another vessel bound to England, I got leave to work my passage home,

and arrived at Liverpool in May, 1775. As soon as I had landed, having

no money, I enlisted into a recruiting party, and received twenty-six

shillings, with which in a few days I deserted, intending to go to

Shrewsbury. In my way between Warrington and Holmes Chapel, I broke into

a little shop and stole several handkerchiefs, &c. By the time I left

Shrewsbury my money was nearly exhausted, upon which I broke into a shop

and robbed it of a quantity of halfpence and about five shillings in

silver, and I made off in the night for Birmingham. Soon after I arrived

at Birmingham I purchased a pistol and several picklocks, and after

pilfering a number of shops, I left Birmingham and took the road to

Coventry. In my way to that city I broke open a house in a little town a

few miles from it, where I stole a great quantity of handkerchiefs, &c.,

with which before daylight I reached Coventry.

“On my arrival at Coventry I met with another recruiting party, into

which I also enlisted. I received half a guinea earnest, with which I

absconded in the morning. I went to a hedge a little way out of the

town, where I had secreted the handkerchiefs, and set off with them on

my return towards London. I continued in London almost four months,

where I got into connexion with some women of the town, which led me to

commit a number of street robberies for my support. I also broke open a

house at Kensington, and committed several robberies upon the outskirts

of London.”

Here follows a detail of other fraudulent enlistments and felonious

offences committed by him in various parts of England. He then comes to

the great crime which brought him to the scaffold:—

“One night being in conversation concerning the American war, the

importance of His Majesty’s fleets and dockyards was the argument, and

it was with satisfaction I heard every one agree that the safety, the

welfare, and even the existence of the nation depended on them. I

endeavoured to keep the conversation up as much as possible, and the

more it was canvassed, the more evident was the truth of the former

conclusion. It is amazing with what force this conversation kept

possession of my mind. In the night I had a thousand ideas, and all

tended to show how important would be the event in favour of America,

provided these dockyards and shipping should be destroyed. The more I

considered, the more plausible was the undertaking. I spent two days in

the contemplation of this malicious design, and promised myself immortal

honour in the accomplishment of it. I beheld it in the light of a truly

heroic enterprise, such as never would have been equalled to the end of

time. I was persuaded it would entitle me to the first rank in America,

and flattered myself with the ambition of becoming the admiration of the

world! I set off for Portsmouth to inform myself of the particular

situation, as also of the materials and stores with which these

magazines were composed. I took account of all the ships of war in the

harbour, their force and the number of men. I also took a plan of the

fortifications unnoticed by the sentinels, the number of guns mounted on

them, and their weight of metal. From hence I went to Plymouth, where I

found things in much the same situation. My next care was to visit

Chatham with the same circumspect attention, and in which I conducted

myself with the same success. From hence I went to the yards at Woolwich

and Deptford, and in both places informed myself of everything material.

Having spared no labour in perfecting this general survey, I formed a

design of going over to America to lay my plans and observations before

the Congress, as well as to procure their sanction to the undertaking.

After a deal of argument with myself, I at length resolved to proceed to

Mr. Silas Deane and Dr. Franklin at Paris. I re-examined all my plans,

threw my observations into proper order, and secreted them in a private

part of my clothes to prevent an accidental discovery; and having made

every other necessary preparation for my departure, I made the best of

my way to Canterbury and Dover.

“I hired a small sailing boat to take me over. I embarked with only two

hands, and in less than nine hours landed at Calais without any further

difficulty. I made my way pretty readily and expeditiously to Paris,

sometimes taking the advantage of a carriage, and sometimes walking on

foot. My first inquiry at Paris was to find out the lodgings of Mr.

Silas Deane. I called upon him at two different times, but did not meet

with him at home. I at last saw him on the _Pont Neuf_ in Paris. He

treated me at first with great caution and indifference, but finding my

solicitations very earnest, he desired I would meet him the next morning

at his lodgings. I called on him at the time appointed, and was

conducted into an elegant apartment, where he was waiting for me. To

make myself of as much consequence as possible, I informed him that I

had a plantation in America; that I was an utter enemy to Great Britain;

that I had contrived a scheme which, if properly carried into execution,

would effectually destroy the power of the Ministry, and throw the

kingdom into the greatest confusion, if not into the hands of America.

He expressed great surprise at my conversation, and desired me to give

him an explanation of my meaning. I laid before him all my plans, and he

at length seemed satisfied that it was practicable, and gave me a letter

to a friend in London to supply me with money; and as soon as my pass

was procured, I set off for Calais, and arrived at Dover, which place I

immediately left, and took the road to Canterbury and Chatham. Here I

spent two days in making some fresh observations on the ships and

dockyards, after which I set out for London, in order to take road for

Portsmouth.

“I arrived at Portsmouth on Thursday evening, the 5th of December, 1776,

and immediately began to lay down a plan of operations. I concluded that

in so large a place a number of fire engines were kept, and that on the

first alarm they would fly to the assistance of the dock, and perhaps

extinguish the fire before any considerable damage could be done. To

prevent this I thought it would be necessary to set the town on fire at

two different parts, imagining that the surprise and consternation which

it would naturally occasion would prevent people from giving assistance

to either, till the flames had made such progress as not to be got

under. In the morning I applied at two houses for lodgings, one of which

was occupied by Mrs. Boxell. I agreed with her for them. I left my

bundle with her and said I should return in the evening. From hence I

went to a public-house, refreshed myself, and engaged also for a bed. My

next care was to visit the dockyard. My first intention was to set fire

to the hemp-house, in which I secreted myself behind a large mow or

bundle of hemp, supposing there was no danger of being discovered,

although a number of men were employed in different parts of the

building, under which I placed my combustibles, and intending to go in

about two hours afterwards to set it on fire. But lest this should not

take proper effect or be extinguished before it could communicate itself

to other parts of the yard, I thought it would be more effectual to set

fire to some other store-house also. In walking round the yard I

observed the rope-house open, into which I went, and having gone all

over it up stairs and down, I pitched upon a room containing a parcel of

ropes and some hemp, which I thought a very proper place to set on fire.

I went away and returned with two quarts of the spirits of turpentine,

some gunpowder, and some touch-paper which I had previously made. I drew

the cork from one of the bottles, and having prepared a train of hemp

soaked in the spirits, I filled the neck of the bottle therewith, which

I placed among the ropes, and covered it over with a quantity of refuse

hemp which I found lying about. I placed the bottle upon its side, and

put the train of hemp into a paper of dry gunpowder, and having covered

the whole lightly over with hemp, I sprinkled the remaining spirits of

turpentine upon the whole. I now pulled out my pistol tinder-box and

endeavoured to strike a light in order to set it on fire; but the tinder

being either damp or badly burnt, would not take fire. The attention

with which I was endeavouring to light my match prevented me from

observing the time, and therefore when I had found it impossible to

strike a light, and was preparing to go to my lodgings, I found myself

locked into the house. I was a little uneasy upon this occasion for fear

of raising suspicion, particularly as I should be obliged to appear

again to light the matches, which I had now failed in. I went from one

end of the building to the other, which was of a prodigious length, and

tried every door I could find, but all was fast. I went up stairs very

gently for fear of being heard, intending to make my escape from one of

the windows; but this I also found impossible. I then went back to the

door at which I came in, and knocked for a considerable time. At last a

lad came up and asked who was there. I told him I was a friend, and had

come into the dockyard out of curiosity, having never been at Portsmouth

before, and while I went up stairs to see this great building somebody

had locked up the doors. I therefore begged he would let me out. He went

away to call some other person, who directed me to a certain door in the

building, at which he said I might let myself out. In order to allay

their suspicion, I appeared to be very ignorant in every respect, and

asked them a number of simple questions, for I very much expected to be

taken into custody.

“I went to a public house to refresh myself, and from thence to my

lodgings, at Mrs. Boxell’s. I went to bed and slept till about five

o’clock in the morning of Saturday, the 7th of December, when I struck a

light and got up. My first business was to mix up proper combustibles to

set that house on fire, and the public-house I had before taken lodgings

at. The sulphureous smell occasioned by the flammable articles brought

up Mrs. Boxell, who in a violent passion burst open the door, asked me

whether I was setting the room on fire, and insisted upon my leaving her

house, saying she was sure I could have no good design. Finding her in

earnest, I thought it most prudent to quit her lodgings without entering

into further dispute, which could only tend to injure my business; so I

took my bundle and walked almost two hours round Portsmouth Common to

seek for another lodging. Observing a house in North Street which seemed

to answer my purpose, I went in and agreed for a lodging, saying I was

going a little way out of town, but should return in the evening; in the

meanwhile desired the woman of the house (Mrs. Cole) to take care of my

bundle.

“My next object was to accomplish the business in the dockyard. I went

first to the hemp-house, and after waiting a safe opportunity, got into

the room where I had left the materials, struck a light with my pistol

tinder-box, and lighted the candle which I had before placed in the tin

case under the hemp. I since find that this machine did not take effect.

Having, as I thought, effectually completed my business here, I directed

my steps towards the rope-house, and after waiting almost two hours, I

took an opportunity of lighting the match that communicated to the

gunpowder, which I believe took effect in about an hour and a half. The

instant I had finished I quitted the dockyard, intending to go

immediately to set fire to both my lodgings; but meeting a person near

the dock gates who knew me when I worked at Titchfield during the time I

was making my observations, and seeing him look at me very steadfastly,

and recollecting at the same instant the affair at Boxell’s, I ran very

precipitately out of town without giving myself time to call for my

bundle, dreading an information, and the consequence of being taken into

custody. When I had gone a little way out of town, I overtook a cart

going from market, and in order to make more haste and be less observed,

I prevailed with the woman who drove the cart to give me a lift, telling

her I had to go to Petersfield that night, and would make her any

satisfaction. I travelled all night without intermission, and arrived

upon Kingston-upon-Thames about eleven o’clock on Sunday morning, where

I stayed upwards of three hours to refresh myself.

“On my arrival in London, I concluded myself out of danger, and began to

ruminate on my plan for the destruction of Plymouth; and arrived at

Plymouth, and went with a design to visit the dockyard; but to my great

surprise found the guard stricter, and the admission of strangers

objected to, occasioned, as I was informed, by the burning of Portsmouth

dock, which was supposed to have been purposely set on fire.”

He then enters into a detail of his attempt at Plymouth, where he could

do nothing effectually owing to the vigilance of the sentinels. He

thereupon turned his mind to Bristol:—

“Very much vexed at my disappointment, I determined to make the best of

my way to Bristol; and as I was disappointed at Plymouth, resolved to

destroy Bristol entirely and all the shipping. I arrived at Bristol on

Monday, the 13th of January, and spent the whole of Tuesday, the 14th,

in acquainting myself with the shipping, upon which I intended to make

the first attempt, supposing, if I had any success, they would

communicate the flames to the whole town. About midnight I proceeded

with all my materials towards the quay. I got on board the _Savannah la

Mar_, a Jamaicaman, and placed a quantity of turpentine, rosin, pitch,

&c., round the mizen mast, to which I set fire. I then went on board the

_La Fame_, another Jamaicaman, which lay at a little distance, in which

I also placed a like quantity of combustible matter, and set fire to it.

I then proceeded to another part of the quay, and got on board the

_Hibernia_, an Irish trader, in which I placed a like quantity of

inflammable materials, and a quart bottle of spirits of turpentine, to

which I also set fire. I then broke open a warehouse belonging to a

druggist, in Cypher Lane, supposing there were large quantities of oils

and spirits of different kinds, which would occasion a dreadful fire in

that part of the town. I set fire to a box in the middle of the

warehouse, which I supposed would soon communicate to all parts of it.

Having, as I thought, effected my business very complete, I walked

almost four miles out of town, and stayed till near eight o’clock in the

morning; but not perceiving anything of the fire, I returned to see

whether it had taken effect, which I could do without suspicion, as I

supposed people would see that I had just come into town. I went to the

quay, where I observed one vessel, the _Savannah la Mar_, was much

burnt; but the fire in the other two had gone out without taking effect.

I also found I had miscarried in Cypher Lane, where the box of

combustible matter had burnt out without doing any damage, which I

thought very extraordinary, as I made sure of burning all that part of

the town by this means. I was mostly vexed at the miscarriage among the

shipping, as I found a strict watch was to be kept up in future which

rendered all future attempts upon them impracticable; I thought of one

scheme, however, which I had some hopes of succeeding in. Observing a

vast number of barrels of oil upon the quay, situated very near a line

of ships, I contrived the ensuing night to convey a large quantity of

combustible materials amongst them, to which I set fire, hoping by this

means to burn all the ships that lay near: but herein also I found

myself disappointed; my matches went out without effecting the intended

mischief, though greatly to my mortification. About two o’clock the next

morning I proceeded to my new business, having the evening before fixed

upon a number of warehouses, which I supposed, as it was now Sunday

morning, would not be frequented, and therefore little danger of the

fire being discovered till it had taken proper effect. I laid matches in

upwards of a dozen warehouses, which I supposed would take fire before

daylight, and from their number and situation be impossible to be got

under, so that I promised myself I had accomplished the destruction of

the whole town, or at least that part of it which was of most

consequence. With this persuasion I left Bristol about six o’clock in

the morning, and walked about three miles out of town, when turning

round, I thought the whole element was in flames, so dreadful was the

appearance it had at that distance, which tempted me to return to be an

eyewitness of the destruction I had wrought. On my nearer approach the

flames seemed to abate; but I found the whole city in consternation and

terror; though my scheme had not answered my full intention. My matches

had only taken effect in Quay Lane among the warehouses of Mr. Browne,

bookseller, which occasioned a dreadful fire in that part of the town:

in every other part I found my endeavours had failed. To compensate for

this, I determined to make a fresh attempt on the Sunday night, and made

every preparation for that purpose. Between one and two o’clock on

Monday morning I set about this business, but was prevented by the

vigilance of the watch raised by the inhabitants of the city, to patrol

the streets, which obliged me to decline anything further that night. I

made several fresh attempts the Monday and Tuesday nights following, but

the patrol were too vigilant to allow me time to proceed. I therefore

left Bristol, finding it impossible to complete my design.

“I now determined to make the best of my way to Paris, to acquaint Mr.

Deane with my success, and I reached Calne, where observing a

haberdasher’s shop, kept by one Mr. Lowe, I broke it open, and stole

therefrom twenty pounds, some muslin, &c. It was to this little town

that Mr. Lowe, whose shop I had broken open, and Mr. Dalby, keeper of

Andover Bridewell, had both traced me. Mr. Lowe had got a description of

my person from his wife, who observed me take particular notice of the

shop, and concluded the next day that I had committed the burglary. Mr.

Dalby had heard of my going through Andover, and finding I answered the

description of the person advertised in the papers for setting fire to

Portsmouth Dock, he set out in pursuit of me, and took me at this town,

in whose custody Mr. Lowe found me on his arrival shortly after. I was

taken before the Hon. Sir H. P. St. John, Knt., who committed me to

Odiham Bridewell on suspicion of breaking open Mr. Lowe’s house; but

Government having notice of my being in custody ordered me to the New

Prison, Clerkenwell, to be examined before Sir John Fielding, relative

to the fire at Portsmouth. Nothing appearing sufficiently strong against

me to prove guilt in this particular, I was remanded back to New Prison,

in order to be conveyed to Salisbury to take my trial for breaking open

Mr. Lowe’s house; but my being decoyed into the trap set for me by Mr.

Baldwin, to whom I disclosed the whole of my proceedings against

Government, has brought me a death which the enormity of my crime

deserves; but which, through sincere repentance, I hope will be forgiven

as I forgive Mr. Baldwin and all the world.—James Aitken.”

A debate in Parliament on the subject of Jack the Painter and his

offences led to a speech by Sir William Meredith against capital

punishments, which was so remarkable for being uttered at that terrible

penal period of our criminal jurisprudence, that I cannot refrain from

inserting the whole of it here. The occasion was this:—On the 13th of

May, 1777, the House of Commons sat in committee on a bill for the

better securing and preserving the dockyards, magazines, ships, vessels,

stores, warehouses, goods, and merchandizes, being the property of

private persons within this kingdom.

Sir Charles Bunbury, M.P. for Suffolk, moved to the effect, that persons

found guilty of offences against which the bill provided should not be

punished with death.

Mr. Combe, of Earns Hill, Somerset, M.P. for Aldborough, Suffolk,

thereupon thus expressed himself:—

“Whoever reads your statute book and sees how many crimes are punished

with death, which are much less heinous than burning of ships, I am

surprised any gentleman should it think not high time to put to death

such dangerous and wicked incendiaries. It is true John the Painter was

hanged for burning Portsmouth Dock, because there is an Act of

Parliament that makes it death to burn royal docks: but there is no Act

of Parliament to hang men for burning merchants’ ships or warehouses;

and if John the Painter had burned all the ships and warehouses in

Bristol, he would not have been hanged. And I think the example of death

full as proper in one case as the other.”

The Right Hon. Sir Wm. Meredith, M.P. for Liverpool, thus eloquently

replied to Mr. Combe:—

“I agree with my hon. friend that no greater crime can be committed than

the wilfully setting fire to merchants’ ships, which may endanger not

only lives and properties, but public safety. I should think this crime

above all others fit to be punished with death, if I could suppose the

infliction of death at all useful in the prevention of crimes. But, in

subjects of this nature, we are to consider not what the individual is

nor what he may have done, we are to consider only what is right for

public example and private safety. Whether hanging ever did or can

answer any good purpose, I doubt; but the cruel exhibition of every

execution day is a proof that hanging carries no terror with it; and I

am confident that every new sanguinary law operates as an encouragement

to commit capital offences; for it is not the mode but the certainty of

punishment that creates terror. What men know they must endure, they

fear; but what they think they can escape, they despise. The

multiplicity of our hanging laws has produced these two things,

frequency of condemnation and frequency of pardons. As hope is the first

and great spring of action, if it was so, that out of twenty convicts

only one was to be pardoned, the thief would say, ‘Why may not I be that

one?’ But since, as our laws are actually administered, not one in five

is executed, the thief acts on the chance of five to one in his favour;

he acts on a fair and reasonable presumption of indemnity: and I verily

believe that the confident hope of indemnity is the cause of nineteen in

twenty of the robberies that are committed. But if we look to the

executions themselves, what example do they give? The thief dies either

hardened or penitent. We are not to consider such reflections as occur

to reasonable and good men, but such impressions as are made on the

thoughtless, the desperate, and the wicked. These men look on the

hardened villain with envy and admiration. All that animation and

contempt of death with which heroes and martyrs inspire good men in a

good cause, the abandoned villain feels in seeing a desperado, like

himself, meet death with intrepidity. The penitent thief, on the other

hand, often makes the sober villain think this way. Himself oppressed

with poverty and want, he sees a man die with that penitence which

promised pardon for his sins here and happiness hereafter: that he

thinks, that by robbery, forgery, or murder, he can relieve all his

wants; and if he be brought to justice the punishment will be short and

trifling, and the reward eternal. Even in crimes which are seldom or

never pardoned, death is no prevention. Housebreakers, forgers, and

coiners, are sure to be hanged; yet housebreaking, forging, and coining,

are the very crimes which are oftenest committed. Strange it is, that,

in the case of blood, of which we ought to be most tender, we should

still go on against reason and against experience, to make unavailing

slaughter of our fellow creatures! A recent event has proved that policy

will do what blood cannot do: I mean the late regulation of the coinage.

Thirty years together men were continually hanged for coining; still it

went on, but, on the new regulation of the gold coin, ceased. This event

proves these two things: the efficacy of police and the inefficacy of

hanging. But is it not very extraordinary that, since the regulation of

the gold coin, an Act has passed making it treason to coin silver? But

has it stopped the coining of silver? On the contrary, do not you hear

of it more than ever? It seems as if the law and the crime bore the same

date. I do not know what the hon. member thinks who brought in the bill;

but perhaps some feelings may come across his own mind when he sees how

many lives he is taking away for no purpose. Had it been fairly stated

and specifically pointed out what the mischief in coining silver in the

utmost extent is, that hanging bill might not have been so readily

adopted: under the name of treason it found an easy passage. I, indeed,

have always understood treason to be nothing less than some act or

conspiracy against the life or honour of the king and the safety of the

state; but what the king or state can suffer by my taking now and then a

bad sixpence or a bad shilling I cannot imagine. By this nickname of

treason, however, there lies at this moment in Newgate, under sentence

to be burnt alive, a girl just turned of fourteen. At her master’s

bidding she hid some whitewashed farthings behind her stays; on which

the jury found her guilty as an accomplice with her master in the

treason. The master was hanged last Wednesday, and the fagots all lay

ready—no reprieve came till just as the cart was setting out—and the

girl would have been burnt alive on the same day had it not been for the

humane but casual interference of Lord Weymouth. Good God! Sir, are we

taught to execrate the fires at Smithfield, and are we lighting them now

to burn a poor harmless child for hiding a whitewashed farthing? And yet

this barbarous sentence, which ought to make men shudder at the thought

of shedding blood for such trivial causes, is brought as a reason for

more hanging and burning. It was recommended to me not many days ago to

bring in a bill to make it treason to coin copper as well as gold and

silver. Yet in the formation of these sanguinary laws humanity, religion

and policy are thrown out of the question. This one wise argument is

always sufficient. If you hang for one fault, why not for another? If

for stealing a sheep, why not a cow or a horse; if for a shilling, why

not for a handkerchief worth eighteen pence; and so on? We therefore

ought to oppose the increase of these new laws; the more, because every

fresh one begets twenty others.

“When a member of Parliament brings in a new hanging law, he begins with

mentioning some injury that may be done to private property, for which a

man is not yet liable to be hanged, and then proposes the gallows as the

specific infallible means of cure and prevention; but the bill in its

progress often makes crimes capital that scarce deserve whipping. For

instance, the shoplifting act was to prevent bankers and silversmiths,

and other shops where there are commonly goods of great value, from

being robbed; but it goes so far as to make it death to lift anything

off a counter with an intent to steal. Under this act, Mary Jones was

executed, whose case I shall just mention. It was at the time when press

warrants were issued on the alarm about Falkland’s Islands. The woman’s

husband was pressed, their goods seized for some debts of his, and she,

with two small children, turned into the streets a-begging. ’Tis a

circumstance not to be forgotten that she was very young (under

nineteen), and most remarkably handsome. She went to a linendraper’s

shop, took some coarse linen off the counter, and slipped it under her

cloak; the shopman saw her, and she laid it down. For this she was

hanged. Her defence was (I have the trial in my pocket), ‘That she had

lived in credit, and wanted for nothing, till a press-gang came and

stole her husband from her; but, since then, she had no bed to lie on,

nothing to give her children to eat, and they were almost naked; and

perhaps she might have done something wrong, for she hardly knew what

she did.’ The parish officers testified the truth of this story; but it

seems there had been a good deal of shoplifting about Ludgate; an

example was thought necessary, and this woman was hanged for the comfort

and satisfaction of some shopkeepers in Ludgate Street. When brought to

receive sentence, she behaved in such a frantic manner, as proved her

mind to be in a distracted and desponding state; and the child was

sucking at her breast when she set out for Tyburn.

“Let us reflect a little on this woman’s fate. The poet says:—

“‘An honest man’s the noblest work of God.’

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