that, therefore, he could not wish to be tent to a distant prison, if he must be sent so some prison or other. However, let us suppose, that, with regard to his health, at any rate, the Judges wished to be merciful to him; and this is the notion clearly conveyed, and, indeed, expressed by MR. RYDER, for, he says, that, on account of his health and at his own request he was sent to Lincoln, that being one of the most wholesome prisons in England. Well, now, if this be true; if the Judges did send him to Lincoln for the sake of his health; if they did send him there, because he represented that close imprisonment would be a sentence of death under the name of imprisonment; if they did send him there because he represented to them that it would be more merciful to shoot him, as Buonaparté was said to have done with Palm, than to send him to waste away in close imprisonment; if it was with this view, if it was that he might not be thus killed, that they sent him to Lincoln, how has their view been accomplished? He has been kept in close confinement; he was put into a felon's cell; he was denied the access of friends; he was allowed less time for air even than the felons themselves; and, to crown the whole, the dark and gloomy place in which he was confined, was constantly noisome, foul, stinking, to a degree sufficient to ruin the health of a man of constitution the most robust. This is the way in which have been fulfilled the benevolent intentions, upon which, as Mr. Ryder says, the Judges acted in regard to Mr. Finnerty's health! He was, under a sentence said, as to the locality of the prison, to have proceeded from the Judge's mercy as to his health; he was, under this sentence dying in that very close imprisonment, which, as he had represented to them, would be the certain cause of his death! Who, then, was the cause of this close imprisonment? Who was it that contravened this object of the place of imprisonment? And, above all, who was it that was the cause of making the imprisonment so intolerably severe Who made it, in short, what it is represented in the Petition, at which, I must say for the Honourable House, every one appears to have been struck with horror?

-Mr. RYDER took occasion to introduce the name of LORD CASTLEREAGH upon this occasion, and to say, that, as soon as that Lord heard of the way in which Mr. FINNERTY was treated, he hastened to declare, that he by no means wished the

punishment to be rendered unusually seDETE, If I had not read this in two or three papers, I should not have believed the words to have been uttered. What! Is it thus then in England? What ! when a man is in prison has the prosecutor still a power over him! What! is the prosecutor still to be consulted as to how the man shall be treated! And this in this fine free country too!-No, no, no. It is not so. Mr. Ryder does not appear to have said this. No: he does not say, that Lord Castlereagh has still a power over Mr. Finnerty, and that that gentleman is liable to be treated in any way that Lord Castlereagh pleases. No: he does not say that. But, what does he say, then? What does he say; and why does he bring in Castlereagh's name? If Castlereagh has no power over Mr. Finnerty, either directly or indirectly, if he has and can have no influence as to that gentleman's treatment; if Mr. Finnerty is now completely out of his clutches and in the hands of impartial and invariable law and justice; if this be the case, why mention Castlereagh's wishes upon the subject; why state what Castlereagh wished to be done or left undone ; why make any statement about Castlereagh's wishes any more than about the wishes of Redding or any body else? What! Is Mr. Finnerty to hear upon being taken out of his stinking cell, that Custlereagh does not wish him to remain there? Mr. Finnerty knows his man; he knows well what value to set upon this declaration of Castlereagh's wishes; and, if I know any thing of his character, he would rather end his days in his cell, than he would owe his release from it to those wishes. Indeed the manly, the excellent, outset of his petition proves this. He there re-asserts the substance of what he had said before, and what he may say again, in another form, and in a situation and under circumstances very different from the present. That change I live in hopes of seeing; and if I did not confidently expect to see that day, I should not, as far as politics are concerned, care a straw if I never saw another. Here I must stop for the present; but, I shall not fail to resume the subject in my next, the treatment of Finnerty being an object as much more important to us than the battles of Lord Talavera, as our own rights, liberties, and lives are more important to us than the question of who shall be masters of Spain and Portugal.

of fresh air, and to take as much exercise as I could bear. Such has been the opinions of Doctors Lipscomb, Wright, and Stanton, whom I have consulted in London; and such also is the opinion of the Physicians to whom I have had occasion to resort since my arrival here, and whose certificate is annexed. Such treatment as I complain of is, I am persuaded, as contrary to the intention of the Judges by whom I have been sent here, as it is, I submit, inconsistent with that to which any man committed for a misdemeanor, ought to be subjected."

"That about a week after the Petitioner's arrival here, he was, in consequence of this remonstrance, visited by the magistrates, one of whom, in the course of conversation, observed, that they (the magistrates) could not compel the jailor to accommodate Petitioner with rooms in the front of the prison; adding, that he understood another person confined for a libel (whom he named) paid three guineas a-week for his accommodation in another prison. To this observation Petitioner said, that he could not afford to pay so much; upon which another of the Magistrates observed, that his (Petitioner's) subscriptions were likely to be considerable." In a few days after this visit, Petitioner was allowed to take exercise for three hours each day, which, according to his request, was fixed at from eight to nine in the morning, from one till two in the afternoon, and from five till six in the evening. But this arrangement was soon after altered, and an order issued, that such Petitioner should take exercise for 3 hours in succession, namely, from eleven till two o'clock. Against this order Petitioner again remonstrated; but the orders respecting the treatment of Petitioner have throughout varied in such a manner, as to justify Petitioner in stating, that they are dictated by a spirit of oppression. "That, for a period of nearly five weeks, Petitioner was not allowed to go into the area for the enjoyment of air and exercise at all, in consequence of which his health suffered so severely, that the medical Gentleman who usually attended him, thought it necessary to call in another physician; and Petitioner despairing of any redress from the Magistrates, had the certificates of these two Gentlemen transmitted to the Sheriff, copies of which certificates are hereunto annexed. The Sheriff in reply, as Petitioner understands, communicated his opinion to the Magis

trates, that Petitioner should be allowed the air and exercise recommended by the Physician, but still Petitioner has been allowed only one hour each day, namely, from one until two o'clock; and if it rain at that period he is not permitted to go out at any other hour, his application to that effect having been peremptorily refused. Upon one occasion, indeed, Petitioner being severely afflicted by a headaehe, to which he has been subject for some time back, sent a request to the gaoler that he might, in consequence of his illness, be allowed to go into the air of the Castle-yard, even for half an hour, in lieu of the hour from one till two o'clock, but this request was rejected. That this allowance of air and exercise granted to him, Petitioner most sensibly feels, and his medical attendant has so represented it, but in vain.

"That there are various other instances of oppression and injustice, of which Petitioner has to complain, but by the repetition of which he does not think it right to trespass upon the patience of your Honourable House. Your Petitioner, however, cannot overlook this circumstance: that about a fortnight after his arrival here, a person who came from London to attend him in his illness, was excluded from the prison, and a prisoner appointed to attend him, whose integrity he has cause to suspect; but whom, nevertheless, he cannot dismiss, because no other per son will be admitted, even the person who dresses his victuals being refused admittance. That under such circumstances Petitioner appeals to your Honourable House for relief, trusting that you will not sanction such severity as cannot be justified by the sentence passed upon him, such as he presumes to assert was not in the contemplation of the judges by whom that sentence was passed, such as is wholly unusual in this country.-Petitioner particularly and earnestly requests that your Honourable House, in consideration of the very weak state of his health, and the aggravation of his complaints, by the mode in which he has been hitherto treated, and which, if continued, must terminate in incurable disease, will be graciously pleased to take such steps that Petitioner may be forthwith removed into an airy apartment, and allowed the air and exercise necessary for the re-establishment and preservation of his healththat such apartment may be easily af forded him, as there is room amply suf

ficient in the front of the jail, the jailer having set apart 13 rooms for his own use, while his family consists of only three persons..

"Petitioner begs leave to represent to your Honourable House, that on or about the 27th of May last, a Petition, couched in terms such as Petitioner hopes were respectful, and signed by your Petitioner, was transmitted through the Secretary of State to his Royal Highness the Prince Regent, representing the situation of Petitioner.

"That Petitioner has waited in the humble hope of meeting redress, through the clemency of his Royal Highness; but having this day heard that the Secretary of State for the Home Department, owing to some delay, which to your Petitioner, suffering under such privations, appears extraordinary, has not yet been able to obtain the information which he professed it his duty to seek, previously to his offering his advice to the Regent upon the Petition presented. Petitioner therefore fear ing the speedy prorogation of Parliament, has submitted his case to the consideration of your Honourable House, not from any doubt of the justice or clemency of his Royal Highness the Prince, upon whose liberality he has the utmost confidence; but from the impatience of a man unjustly oppressed, and suffering under the pains of disease, brought on by the treatment he has received.

"All that Petioner requires, is an airy apartment, with the opportunity for air and exercise, which the prison yard affords. "And Petitioner will ever pray,

"PETER FINNERTY."

"Lincoln Castle, June 16, 1811.

A Copy of Dr. Charlesworth's first Testimony to the Magistrates of the County of Lincoln. Being professionally consulted by Mr. Finnerty, I am called upon to state my opinion, that his health already much impaired, must materially suffer from the confinement to which he is now subjected, and from the alleged coldness of his room; and that a warm room and every possible advantage of fresh air and exercise are indispensibly necessary, not only for the chance of his recovery, but even for the preservation of his present state of health. -I have the honour to be, Gentlemen, Your most obedient Servant,

(Signed) E. P. CHARLESWORTH, M. D. March 1, 1911.

Copy of Dr. Faussett's Testimony.

Being called upon, in my professional capacity, to visit Mr. Peter Finnerty, in the Castle of Lincoln, I found him affected with many severe complaints, arising from disease of the digestive organs, with which, from his own testimony, he has at different times before, when deprived of the oppor tunity of air and exercise, been in a slighter degree affected. From the testimony, also, of Dr. Charlesworth, who has attended Mr. Finnerty during the greater part of the time he has been here, these complaints existed to a considerable degree of severity in his first coming, but almost entirely went off, on his being allowed a freer air, and more extended place of exercise. Within the last three weeks, since he has been again more closely confined, they have returned in a much aggravated form.-It is my opinion that there is little or no chance of his health being restored, without a freer allowance of air and exercise than the confined court to which he is at present restricted, will admit of, but, on the contrary, every prospect of his complaints going on increasing. (Signed) JOHN FAUSSETT, M. D. Lincoln, April 29, 1811.

A Copy of Dr. Charlesworth's second Testi

mony.

-

After presenting, as addressed, the subjoined testimony, Mr. Finnerty was permitted to walk three hours a day in the area surrounding his prison; and in a week or ten days after that time, was so far recovered from his complaints as to render a continuance of my visits unnecessary.Immediately upon his return to close confinement, my professional assistance was again required, and in the course of three weeks, I find all his former symptoms not only returned, but greatly aggravated.Under these circumstances, it is my opinion that the same or a stronger necessity of fresh air and exercise exists than did at the time of my former application, of which the following is a copy. (Signed) E. P. CHARLESWORTH, M. D. Lincoln, April 29, 1811.

Mr. RYDER stated, that he had that day received a letter from the High Sheriff, the delay of which was owing to his having been in town, and having left directions behind him, under the expectation of an immediate return, that his letters should not be sent after him. It informed