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We conclude this Inquiry by touching briefly upon an objection, which, though not formally stated, has been already set aside by the whole tenor of the foregoing argument. It is this, "The slavery of the Canaanites by the Israelites, was appointed by God as a commutation of the punishment of death denounced against them for their sins."
Commutation was never more rapid than in the generation immediately after the first attack of the pestilence. The laborers seem to have been in so favorable a position, that the dread of their flight was a controlling inducement to the lords to allow the commutation of their services if they desired it. The interest of the lords in their labor services was also, as will be seen, becoming less.
Before dinner my schoolfellows had begged off one-half of the task. Mrs Cherfeuil, at dinner, begged off one-half of that half: when things had gone thus far, Mrs Causand interfered, and argued for a commutation of punishment; the more especially, as she thought an example ought to be made for so heinous an offence.
Indeed, Sir Robert Peel, whose measure of the preceding year had been chiefly directed to the encouragement of voluntary commutations, had stated to the House that there were already two thousand parishes in the kingdom in which a commutation between the clergyman and his parishioners had been agreed upon, and established as a durable settlement by separate acts of Parliament.
But we had another resource we might have relieved the East India Company, trading to China no longer as a monopolist, but as a joint stock company, from a part of the burden of the provisions of the Commutation Act.
And this dilemma was felt so keenly by the clergy themselves, that it had become a very general feeling with them that, "if any sort of commutation could be devised, they would be delighted to be delivered from this objectionable mode of payment."
The discount being taken off, to render them equal to cash, would make a factor's allowance about 3,000l., and a trader's 1,500l. "The cost of commutation, on the above scale, would be 15 chief factors, at 3,000l L45,000 37 " traders, at 1,500l 55,500 18 shares held on retirement, about 14,000 L114,500 ========
Therefore if it is not right that that punishment should be inflicted on the criminal, it is also not right that he should be convicted, since that punishment must inevitably follow a conviction." Here the advocate for the defence, by bringing the commutation of the punishment into his speech, according to the transferable class of topics, will invalidate the whole accusation.
The recognition of them would enable the courts to exercise some discretion in apportioning punishment and would greatly relieve the Executive of what is coming to be a very heavy burden the examination of these cases on application for commutation. The aggregate of claims pending against the Government in the Court of Claims is enormous.
They offered a handsome sum in commutation, increasing the sum first proposed from 70,000 to 200,000 florins, but they resolutely refused to be saddled with this permanent tax. Their stout resistance was destined to cost them dear.
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