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health of the individual aggrieved bad years employed in this great city in a more rapidly declined.--As far as the way most flattering to his literary talents, present question personally related to Mr. and, he believed, as productive in point of Finnerty, he confessed that he was one of emolument as it was honourable, What those who did not think it the legs deserv- then must have been the sufferings of this ing their attention on that account. He unfortunate gentleman, not only to bave did not stand forward to defend Mr. Fin-been thrown into gaol for eighteen months, nerty's violation of the laws of his coun..but to be banished toʻső remote a distance try, for which violation he was now mak as Lincoln, from the scene of his industry, ing so severe an expiation; but however and thus cat off from his literary connecculpable Mr. Finnerty had been, he (Mr. tions, and perhaps the means of common H.) could not forget that Gentleman's subsistence (Hear!)? Under all the cirpast life. At a very early age, when a cumstances of the case, he thought it most mere boy, he began the world by turning particularly deserving the attention of the the advantages of a good education into House. He concluded, by entreating of the means of honourable subsistence for the Right Honourable Secretary to take bimself and family; it was his misfortune the most speedy and effectual means of while yet a boy, to live in times when it putting a stop to the system of oppression, was criminal to complain of oppression by which Mr. Finnerty appeared to have times which every honest and honourable been so shamefolly persecuted. mind must have witnessed with indignant Lord Casti.brEAGH said, that his Right regret-times in which such a system of Honourable Friend, the Secretary for the oppression and persecution was pursued, Home Department, had done him but jusas must, if persisted in much longer, have tice in giving him credit for his wishes, ended in the ruin of the country--in such respecting the mitigation of Mr. Finnerty's, times, and under the impulse of those feel sufferings. When he had first heard of ings which they were but too well calcu-, that gentleman's application upon that lated to excite in every ingenuous mind, subject, he did not feel himself prohibited did Mr. Finnerty pass the limits of tem- from interposing with his Majesty's Goperate discussion, and so bring down upon vernment, for the immediate and effectval himself the weighty visitation of the law. repression of any undue severities which To this offence Mr. Finnerty had been led might have been experienced by Mr. Finby those sentiments which in periods more nerty (Hear, hear!). In claiming every favourable to the cause of liberty, have' exemption from such oppression, he distinguished the brightest characters in the thought that the Petitioner was asking not history of this country. He had been in for indulgence, but for justice. (Hear, that instance, as well as in a subsequent one, hear!) Neither could any proceedings right in principle, a rooted attachment to that might be taken in consequence of the cause of his oppressed country was that this petition, be considered as a mark of principle, and it was a principle from indulgence to the Petitioner, it would be which, however punishment might re in effect but remedying a wrong, restoring motely flow, disgrace never could. In this Mr. Finnerty to a right. In saying this country, as in his own, the same principle much of the motive of the present applihad led him into the commission of a si- cation, which appeared to him, if Mr. Finmilar offence. He had in both cases told neriy thought himself aggrieved, to be a the truth beyond the licence of the law, very justifiable appeal, (Heur, hear!) he and in this case, as well as in the former, could not help alluding so far to the rehe suffered in the cause of his country, mole cause of the Petitioner's present siwhich was the cause of truth and justice. tuation. He (Lord Castlereagh) had not, He thought it, therefore, extremely harsh he trusted, been remarkable for following that a man so suffering for telling the up with any vindictive animadversions, attruth, unjustifiably should be classed with tacks of a certain nature, but the one the greatest culprits and felons in the ad- made by Mr. Finnerty, was, he must say, measurement of his punishment, at the in- so gross a libel, not merely personally solent discretion of a gaoler. (Hear!) upon him, but upon the Administration in There was besides a circumstance in the general of Ireland at that time, that he sentence of the Court on Mr. Finnerty, thought his passing it over in silence might which must have operated with peculiar have been misinterpreted as a tame acseverity in his case. It was well known quiescence in the truth of chargés so exthat Mr. Finnerty had been for many tremely heinous.' He had, therefore, no
alternative left him, but such an acquies- there were any sanction of it to be found cence, or the discharge of a painful pub- in the laws of England --but be that as it lic duty; in the discharge of it he had might, if there was such a distinction, was been influenced by no private motive. the imposing of it to be left in the hands The House would do him the justice to of a gaoler? (Hear, hear! )bis would be admit, that in attacks of that kind, merely a power beyond any thing exercised by affecting himself personally, he had not the King's Bench. "That Court sentences proved himself extremely querulous; one man to twelve months imprisonment (Hear, hear!) but in the present case bad -another to eighteen=another to lo he passed it over, he should have really years but what is the difference of a few thouglit himself guilty of a great breach months more or less confinement, comof public duty; that duty, however, hav- pared with that of solitary confinement in ing been now discharged, he should have a felon's cell, shut out from every intergreat pleasure in forwarding every means course, and even the means of earning for the removal of any oppressive usage, subsistence withbeld; and was this fearwhich the Petitioner may have expe- ful discretion to be left to the whim of a rienced. (Hear!) Nor indeed should he gaoler? (Hear!)– This was not the case have been unwilling to have been instru- of a private individual—it was the case of mental in applying to the fountain of the public this was putting into the mercy, had not the repetition of Mr. Fin- hands of every gaoler the severest punishnerty's assertion of the truth of his state- ment that could be inflicted on a British ments of torture, &c. in the Petition now subject short of death. Another consider. opon their table, tied up his hands effec ation was, that the punishment of the rich tually from any such interposition.--It did man would be essentially different from not however preclude him from joining that of the poor man, though confined for with the House in providing that the the same offence, and under the very wrongs of which the petitioner com same sentence-(Hear, hear') - from plained, should be redressed.--Having said gaolers it might not be so wonderful-but so much upon the question, as affecting wbat were they to say to Magistrates who Mr. Finnerty and himself, nothing that could have the face to tell this wretched had fallen from the Honourable Gentle man, that for three guineas a week more man who spoke last, should ternpt him to he could be accommodated with a better go then into the discussion of the conduct apartment? What! was this language for of the Irish Government during the times Magistrates, who officially stood between 50 warmly alluded to; but this he would the prisoner and oppression, to make use Lake the liberty of saying, that upon that of in answer to an application for redress? question, when brought before Parliament (Hear, heur, hear!; This was a circumin a way likely to be subservient to the stance wbich could not rest there; it was purposes of truth, be should be prepared certainly very late in the Sessions, but to meet that Honourabie Gentleman, or even so he thought that this fact and any other, and to prove to the satisfaction others, particularly the power so shameof the House and of the Country, that the fully usorped by the gaoler, ought to be general conduct of the Irish Administra- made the ground of a parliamentary ention (he spoke not of individual instances quiry. (Hear, hear!) He never read the of cruelty, which nothing could justify), libel on the Noble Lord, but if it was as was at that time fully justifiable.
bad as that libel upon the Magistrates, he Sir Samuel Romilly said, that this ap- scarcely knew what punishment could be peared to him to be a case of the very last too excessive. He repeated that he importance; there was one material fact thought the conduct of the Magistrates did which had not been at all explained by furnish a ground for parliamentary intris Right Hon. Friend (Mr. Ryder). quiry. When this person was sent to the castle of Mr. William Smith said, that his Hon. Lincoln, there to be confined pursuant to and Learned Friend had said every thing sentence; the gaoler locks him up in a so- he meant to have said upon the subject. litary cell appropriated to felons-upon If the gaoler can put a man in solitary What authority did the gaoler venture to confinement, how is that man to get redo tbis ?--the prisoner was not sentenced | dress? He gives, perhaps, a letter to the to solitary imprisonment-a punishment turnkey to put in the post-office, and be concerning which, however, he believed, throws it behind the fire-how then is it there were no small doubts, as whether to be known?. The man may die, and the
gaoler'may report him as having died in a Mr. Secretary RYDER could not give fit, and bring all his turnkeys to swear any other than the general pledge hebad to it. He wished to know, who was an given, qualified by the conditions he had swerable for all this which of the five annexed to it. parties already mentioned in the course of Mr. CHARLES ADAMS hoped now that the Debate had the responsibility-was it the Right Honourable · Gentleman had the Secretary for the Home Department, promised every thing necessary to remedy the Court of King's Bench, the Magistrates, the grievauces complained of by Mr. the Sheriff, or the Gaoler ?
Finnerty, that the object of the petition Mr. Davies GIDDY admitted that the had thus been gained-since that was the conversation alleged to have been held case, he hoped the discussion would not with the Prisoner by the Magistrates was, continue the whole night. An Honouraon their part, very reprehensible, but ble Gentleman (Mr. Hutchinson) had fathere could be no doubt, that even in say-voured them with a high and elaborate ing what they did, their motive could not eulogium on Mr. Finneriy, and had cerhave been of any base or unworthy de- tainly in the course of it brought merits of scription.
that person to light, which he had never Mr. Secretary RYDER, in explanation, before heard attributed to him. He hoped, stated, that the one hour's air and exercise however, now that the wishes of the House had been at first enlarged to three hours, were known upon the subject, that there 'at different times, one hour each time, and would be no necessity for any more eulothat on certain gross and indecent impro gies upon the great services and great taprieties having been commiued by the lents of Mr. Finnerty. prisoner, that time had not been lessened; Mr. HUTCHINSON said, in explanation, bat it was thought adviseable that he that in what he had said of Mr. Finnerty, should take the three hour's exercise at he did not affect to pass any eulogy upon once, from eleven till two, every day, him. He had merely stated, what he unthe cold of the apartment had been reme derstood to be facts; and if these facts died by a baize door. It was a mistake were of a nature so praise-worthy as to to represent Mr. Finnerty as under soli. amount in effect to an eulogy, he did not tary confinement. He was under no such see why the statement of them, should thing—as to the complaint made by an have been so offensive to the Honourable Honourable Gentleman (Mr. Hutchinson) Gentleman's delicacy. He might, how. of the severity of banishing the petitioner ever, call it eulogy if he pleased; but to a gaol so distant from the metropolis, it while it was true, he (Mr. Hutchinson) was in compliance with the earnesi appli- should not be ashamed of it, if Mr. Finications of the prisoner's friends that he was nerty deserved it. "He (Mr. H.) did not not sent to a prison in the inmediate vi. think it ought to be withheld from him cinity of London, but sent to a country merely because he happened to be at that gaol, and one which is considered the time an unfortunate prisoner, pining in a healthiest in England. "He understood cell. His motive in 'saying what he had that there the offensive smell complained of Mr. Finnerty was to do away that preof did not exist. He professed himself judice which he feared had been but too however, ready to recommend the adop- active against hiin in this country, and tion of every measure likely to promote which was, perhaps, in part the cause of the health and accommodation of the pri- the oppressions under which he now lasoner, and at the same time consistent boured, and which it would be to the dis : with the precautions necessary to prevent grace of that House to have heard, and a recurrence of the same indecent irregu. not remedied. larities to which he had alluded.
Mr. C. ADAMS, in explanation, said, Mr. WHITBREAD said, that it appeared that he did not doubt the statement made from various stalernents of Mr. Finnerty, by the Honourable Gentleman; but had that the Gaoler had acted towards him in said only that he had attributed to Mr. the most brutal manner possible, answer. Finnerty qualities by which he had never ing all his applications for redress by mes before heard of his being distinguished. sages through the turnkey couveyed in Mr. BADINGTON explained. terms the most insolent and scandalous. Mr. BROUGHAM agreed with the Noble He hoped the Right Honourable Gentle. Lord who had expressed himself so handman wonid engage to get Mr. Finnerty somely on this question, that this was an one of the front apartments in the more application for justice, mot indulgence. airy part of the prison,
He wished to set the Right Honourable | Nation knows now, by experience, that the Secretary right as to one point-he was Marshal General was not mistaken in the napresent when the sentence was passed on ture and extent of the evils with which Mr. Finnerty, and the jail then mentioned, she was threatened, nor tess of the only he perfectly recollected, was the Castle of means of cautioning against, or of stopping Lancoln. He contended that the state- its effects; which were, and are still, a ment in the Petition amounted to an alle- firm resolution of resisting; removing and gation of solitary continement. A Learn- concealing all goods and effects that may ed Friend of his had applied for admission contribute to the subsistence of the enemy, -be at first got a flat refusal, but on his or facilitate their progress. Near four pressing his right of access, he was told years have elapsed, since the tyrant of Esthat Mr. Finnerty did not wish to see any rope invaded, with a powerful army, the body. This evasion would not serve-his kingdom of Portugal; that invasion tad friend insisted upon Yes or No, and inti- for its motives, --not personal defence, midated them into their duty. The not to avenge insults, or injuries, that the Learned Gentleman then proceeded to benevolent Sovereign of this kingdom comment upon the great hardship and in- might have offered to him ;-not, lastly, justice of lodging in the hands of a Gaoler for an ambitious desire of augmenting his a power he may so easily pervert to sa political power; for the Portuguese Go tisfy the mean purposes of private pique. vernment had, without resistance, condeHe insisted that the allegations of Mr. scended to comply with all demands of Finderty respecting the dampness and noi. the tyrant;-No, his object was an insa some smell of the room were perfectly tiable desire of booty, and of disterbing correct. Let the Magistrates or Gaoler the tranquillity, and of carrying off the who doubt them be treated with a night riches of a nation, which enjoyed the or two's lodging in the same apartment, sweets of peace for nearly half a century. and perhaps they might be then better --The same wishes occasioned, in the disposed to agree with him. A common year 1809, the invasion of the Northern sewer passed through the middle of the Provinces of Portugal; and the inclina. room immediately under the flooring, and tion to pillage and theft occasioned that of emitted a most noisome effluvia.
the year 1810, which happily has been Sir Francis BURDETT said, he now re- just now frustrated; and the Marshal Gecollected another friend of his who had neral appeals to the experience of those called, and had been refused access to who have witnessed the three invasions, Mr. Finnerty. He was however admitted who may testify, whether, during those to him at a subsequent period; and so invasions, the conduct of the French army dark was the room in mid-day, that Mr. has been other than seizing, plundering, Finnerty was obliged to read the letter he and perpetrating every kind of outrage brought bin at the grate by the light of that their barbarous and atrocious dispo the fire.
sition could suggest to them; and whether, Mr. Ryder repeated what he before from the General to the private, they were said as to the advice he should give for not delighted in the practice of such es. the redress of Mr. Finnerty, stating at the cesses. Those countries that did submit same time, that he had understood that themselves to the tyranny, had not a betthe persons charged with the custody of ter fate than those which resisted; the inthe Gaol of Lincoln, had in general dis-habitants lost all their goods, their families charged their duty with fidelity and atten were dishonoured, their laws trampled tion to the general accommodation of the upon, their religion banished, and above prisoners.
all, they were deprived of that honour, The Petition was then ordered to lie on that manly resistance to the oppression, the table.
against which all the inhabitants of Porto
gal have given so singular and happy inOFFICIAL PAPERS.
stances.The Marshal General, at the
same time that he announces the result of Portugal.—THE WAR.–Proclamations of the last invasion, thinks it to be his daty to
Lord Viscount Wellington, K. B. Mar. remind the inhabitants of Portugal, ibat shal General of the Armies of H. R. H. notwithstanding the danger wbich threatthe Prince Regent of Portugal, &c. &c. &c. ened them is removed, it has not entirely (Concluded from puge 1505.). disappeared. The Portugaese nation has
orion.run. The Portuguese yet riches, which the tyrant will strive to
plunder: she is happy under the mode-their women protected from a brutal viorate government of her benign Sovereign, lation, and their lives secured.-Vain and this is enough for the tyrant to endea- hopes ! the jobabitants of those resigned vour to destroy her happiness a she bas towns have suffered all the evils that a successfully resisted, and, of course, he cruel enemy could inflict; their goods have will not leave any thing undone that can been plundered; their houses and furnia be done to subject her to his iron yoke.- ture burnt; their women atrociously vioThe nation must not slacken in their pre-lated; and the unhappy inhabitants, whose parations for a firm and decided resistance. age or sex did not provoke the brutal vioEvery individual capable of taking arms lence of the soldiery, have fallen victims inust learn their use, and those who, on ac to the imprudent confidence placed in the count of their age or sex, capnot take arms, promises, which had only been made to must have previously fixed on a spot, the be forfeited.--The Portuguese now sea inost concealed, and of the greatest secu. that they have no other remedy to avoid rity, to retire to; adopting at the same the evils with which they are threatened, time the necessary arrangements to shelter but a determined and vigorous resistance, themselves in it, whenever the dangerous and a firm determination of obstructing, moment approaches.- The effects of value, as much as possible, the progress of the which tempt the avarice of the Tyrant enemy into the interior of the kingdom, and his Satellites, and which are the ob- removing from their reach every thing of ject of their invasion, must be previously value, or that may contribute to their sub. buried; each individual concealing theirs, sistence or facilitate their progress. These and not trusting the secret to the weakness are the only and sure remedies to frustrate of those who have no interest in keeping the evils with which the people are threat. it. They must take proper measures to ened. The army under my command conceal or destroy the provisions, which shall protect the greatest possible portion they cannot transport to places of security; of the country; but it is obvious, that the as well as every thing which may contri- people only can deliver themselves, by rebute to facilitate the progress of the ene- sisting the enemy, as well as by saving my; because it is notorious, that the ene their goods by removing them out of the my's troops seize upon every thing they reach of the enemy. The duties, -howfind, and leave nothing to the lawful ever, which bind me to H. R. H. the Prince owner.-Should these measures be adopt- Regent of Portugal, and to the Portuguese ed, however superior the numbers of the Nation, oblige me to make use of the auenemy's forces may be, that the desire of thority vested in me, of forcing the weak plunder and of vengeance may induce the and indolent to endeavour to save them. Tyrant to send to invade anew this coun- selves from a danger, and from the evils try, the result shall be certain; and the which await them, and to save their independence of Portugal and the happi- country. And, in consequence, I do de ness of its inhabitants shall be firmly es clare and make 'known, that all Magis. tablished, with eternal honour to the pre- trates, and persons in authority, which sent generation.
shall remain in their towns or villages, WELLINGTON. after having received orders from any Head Quarters, 10th April, 1811. military officer to retire from the same
towns or villages; and all persons of any
condition whatsoever, who shall maintain The period of time which has already the least communication with the enemy, elapsed during the stay of the enemy on or aid or assist them in any thing, shall be the frontiers of Portugal, has happily fur- considered as traitors against the State, nished the Portuguese Nation with an ex. and tried and punished according to the periment of what they are to expect from deserts of so heinous a crime. ihe French-The inhabitants of some Head Quarters, August the 4th, 1810. towns had remained in them, trusting to
WELLINGTON. the promises of the enemy, and vainly persuaded that, treating the enemies of ALMBIDA.----GEN. BRENNIER's Report to their country in an amicable manner, his Ercellency Marshal Duke of Ragusa, could thus conciliate and reduce the ene. Commander in Chief of the Army of Porn my to act towards them with sentiments tugal. of humanity, and a clement behaviour,
Salamanca, May 17... that their goods should be respected Almeida was invested on the 7th of