[133] In the year 1795, 1894 prisoners were tried at the Old Bailey, and the different Assizes in the Country, exclusive of a much greater number at the General and Quarter Sessions of the Peace, in the different Counties. These trials in the Superior Courts of Judicature, produced the following results:—
| London. | Assizes in the Country. | Total. | |
| Received Sentence of Death | 44 | 174 | 218 |
| — — — Transportation | 84 | 159 | 243 |
| Imprisoned and Whipt | 129 | 411 | 540 |
| Judgment respited to serve his Majesty | 23 | 25 | 48 |
| Acquitted | 150 | 351 | 501 |
| Discharged for want of Prosecutors | 91 | 253 | 344 |
| 521 | 1373 | 1894 |
[134] The acquittals will generally be found to attach mostly to small offences which are punishable with death: where Juries do not consider the crime deserving so severe a punishment, the delinquent receives no punishment at all. If all were convicted who were really guilty of these small offences, the number of victims to the severity of the Law would be greatly increased.
[135] As punishments became more mild, clemency and pardons became less necessary.—Clemency is a virtue that ought to shine in the code, and not in the private judgment.—The Prince in pardoning gives up the Public Security in favour of an individual; and by the exercise of this species of benevolence proclaims a public act of impunity.—Let the Executors of the Laws be inexorable; but let the Legislature be tender, indulgent and humane.
Beccaria, cap. 46.
[136] It is not here meant to say there have not been some instances, and even one of a recent date, where an innocent man may be convicted; but they are certainly very rare, and when discovered, the Royal mercy, of course, relieves the unfortunate person.
[137] That able and excellent Magistrate, the late Henry Fielding, Esq. (to whose zeal and exertions in the exercise of the duties of a Justice of the Peace, in the Metropolis, the Public were under infinite obligations)—manifested, half a century ago, how much he was impressed with the injuries arising from frequent pardons.—Those who will contemplate the character and conduct of this valuable man, as well as that of his brother, the late Sir John Fielding, will sincerely lament that their excellent ideas, and accurate and extensive knowledge upon every subject connected with the Police of the Metropolis, and of the means of preventing crimes, were not rendered more useful to the Public. It is to be hoped, however, that it is not yet too late, since the state of Society, and the progress and increase of crimes, call loudly for the establishment of a responsible preventive System.
[138] By the Acts 4 George I. c. 11, and 6 George I. c. 23, the persons contracting for the transportation of convicts to the Colonies, or their assigns, had an interest in the service of each, for seven or fourteen years, according to the term of transportation.
[139] For some years previous to the commencement of the American War, the adjudged services of convicts became so valuable in Maryland, that contracts were made to convey them without any expence whatsoever to Government, who had formerly allowed 5l. a head; for the reasons already assigned, they generally were more adroit, and had better abilities than those who voluntarily engaged themselves to go to America.