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ners of a gentleman. As for the parodies , had not suffered a different mode of treatpublished by Mr. Hone, his opinion per- ment as to the fees of office, from that fectly coincided with that of the public in experienced by others in his condition, general, that they were highly censurable; he saw no reason why his case should be and it was not the least honourable part made the particular ground of any general of Mr. Hone's conduct, that immediately measure of regulation. Such a measure on finding that such was the public im- appeared to be the ulterior object of the pression respecting them, he used every hon, mover. But if such were the case, means to prevent the circulation. But why not, instead of selecting any specific those parodies, however censurable, were case, move rather for a general return of not a fit subject to be animadverted on in the fees received at the Crown-office for a court of justice. It appeared to him copies of informations filed by the attorthat the free operation of public opinion ney-general, with a statement of the auwas the only adequate and proper check thority upon which such fees were deto their popularity. He said he had manded, and the purpose to which they little more to trouble them with were applied ? Such a motion would the subject, and disclaimed any inten. bring the whole question fairly forward, tion of complaining of any party.

He and it would then be for the wisdom of had the authority of Mr. Tone to state, the House to consider whether a practice that the conduct of the attorney-general sanctioned by immemorial usage required towards him was that of a man of urbanity, any alteration or amendment. It ought politeness, and justice. If any blame to be known that the master of the Crowncould attach to the conduct of that gen- office, or the chief judge of the court of tleman, Mr. Hone conceived it was in not King's-bench, had noʻright to order that including the three informations in one: Mr. Hone, or any person in his situation, in every other respect he had shown him- should have a copy of any information self a gentleman and a man of humanity. It filed against him free of expense, because was of the law itself, as it at present stood, such expense was but the remuneration that he had to complain. From the offi- to which the clerks in the Crown-office cers of the crown he had received every were entitled for their trouble in drawing attention. Neither did he mean to reflect up such copy. If it appeared that the on the conduct of the learned lord on the remuneration obtained from Mr. Hone bench, in refusing to furnish copies, as had exceeded that required from any other he found that, according to law, he could individual, there would be some ground not have acted otherwise. It was in the for this motion ; but as such excess was law itself, therefore, that reformation was not alleged, the motion struck him to be required, and the motion he was about to totally unnecessary for any parliamentary make had occurred to him as the proper purpose. If it was the object of the hon. parliamentary mode of bringing the sub- mover to ascertain the amount of fees reject under their notice. He should ceived at the Crown-office, he could find therefore move“ That there be laid before a record upon the Journals explanatory of this House, an account of the sum receive all fees exacted for copies of informations ed at the Crown-office from Mr. Hone, filed by the attorney general, as well as for the copies of the informations filed of indictments found by grand juries ; against him by the attorney-general, with for the expense for copies and subpænas the authority on which the same was de- was the same upon both. The exaction manded, and the use to which the same of those fees had been a practice of very was applied,"

ancient date : he could not say how long The Attorney General said, he saw no the practice had existed before, but there reason for acceding to this motion, as it was a distinct record upon the Journals did not appear that any thing was done stating the amount of those fees, in a retowards Mr. Hone, different from that to turn to the House in the year 1693, and wards other persons similarly circumstan. the fees were still the same, with the adced. This, indeed, the hon, mover had dition only created by different stamp acts. admitted, that nothing more was exacted Under these circumstances he repeated by the crown office from Mr. Hone, than that the present motion was quite unnewould have been demanded from any cessary, because the information which it body else in the same situation, and that professed to have in view might be had he (the attorney-general) wished to be from the return which he had already distinctly understood; for as Mr. Hone mentioned. On these grounds he felt it

his duty to oppose the motion. All the tion which he had proposed were even neinformation for which it sought being al- gatived, that would not serve to defeat the ready notorious, and apprehending that ulterior object which he had in view. His from the adoption of such a motion, hon. and learned friend (for so he must it might be concluded out of doors, as he always call him) had stated, that the mohimself was indeed led to fancy from the tion was irregular, because it referred to hon. member's notice, that there was in a particular case, and that he should the case of Mr. Hone something different rather have brought forward an abstract from that to which all other persons were motion with respect to the fees of the subjected against whom an information was Crown office generally. But to this remark filed, or an indictment found. As all the he should make a clear, short, and specific information which the hop, mover could | answer. He had particularly referred to desire with a view to any legislative mea- the case of Mr. Hone, because that case sure upon the subject of those fees gene- afforded peculiar reason for the course rally was to be found in the Journals of which he meant to pursue-because that the House, he could not see the necessity case presented the strongest illustration of pressing the motion, and would of the intolerable injustice of the practice therefore move the previous question. which prevailed at the crown-office; for

Sir Francis Burdett thought, that no Mr. Hone had told him that he could not objection whatever had been raised obtain copies of the three informations against the adoption of the motion by filed against him, without paying fees the learned gentleman who had just sat amounting to nine pounds, which, from down. For the upshot of all the learned the state of his circumstances, he could gentleman had said, was merely this, with difficulty afford to pay. In order to that all the information which the motion raise this sum, he was obliged to sell some had in view, was quite notorious. But articles of his property considerably under if, notoriety were admitted as a valid their real value. Many persons who reason against the adoption of motions, heard him, would no doubt deem nine how few would be carried in that pounds a very small sum, especially conHouse. For that was generally no- trasted with a man's safety, a desire of torious which it was the object of a mo- preparing his defence against a charge tion to bring before the House in a re- likely to subject him to long imprisongular and authentic shape. The produc- ment; but this sum was considerable to a tion of information in this shape was, in man in Mr. Hone's situation, with a large deed, deemed generally necessary, to family, with a wife and several children to form what was called a parliamentary provide for, and with many debts to disground for subsequent proceedings. But charge. It was, therefore, a great aggrathe great grievance in the case now before vation of the treatment which Mr. Hone them, was the absolute refusal of justice suffered, that he should have been comto the poor, by means of the enormous pelled to submit to such an exaction. Mr. expense imposed on its administration. Hone was obliged to sell various articles He should like to know of what avail the of his little property, under their prime best political and legal institutions could cost, in order to meet this demand, bebe, if they were thus rendered inacces- cause the independence of his mind would sible. The great grievance therefore was, not allow him to apply for the assistance that the insatiable thirst of taxation had of friends, while, from the nature of his made the administration of justice a cruel situation, it necessary for him insult and mockery to the people. The promptly to examine the grounds of the hon. mover proposed to bring forward accusation against him, in order to presome legislative remedy for this grievance. pare for his defence. If the general moThe reason on which he wished to found tion alluded to by the attorney-general this measure was no reason, according to were adopted, the return to such a mothe attorney-general, because it was per- tion would not state the sums paid by Mr. fectly notorious to the whole world! The Hone, and he wished to have something grievance was indeed notorious ; the distinct and specific before the House. greater the notoriety of this oppressive But if the hon. and learned gentleman system, the more peremptorily was its re- would move for a return of the fees formation called for, at the hands of the usually received at the Crown office, representatives of the people.

stating how much was paid by Mr. Hone, Mr. W. Smith observed that if the mo- he would not object to such a substitute for

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was

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his motion. But unless such a substitute his understanding any person against were proposed, he could not see the pro- whom a criminal information was filed priety of abandoning the motion, by which might, if he did not think proper to purhe merely wished to have information laid chase a copy, consult such information at before the House in an authentic parlia- his leisure. Where, then, was the grievmentary form, upon which he proposed to ance? for if the accused could not, or rest ulterior proceedings. But whether would not pay the clerks at the Crown this information, which the attorney-ge- office for the trouble of copying the inneral alleged to be notorious, were laid formation against him, he was at liberty before the House or not, he should feel it to read that information at the Crown his duty to persist in bis ultimate object office whenever he thought proper. He for the removal of what appeared to him did not wish to express any opinion upon a most iniquitous system of exaction. the trials alluded to. He could not, bor. Such being his resolution, he was in ever, forbear from noticing the observa. different to the fate of the motion, unless tion now so very general, that although with a view to comply with the forms, the publications which gave rise to those and to satisfy the judgment of the trials were objectionable, they ought not House.

to have been made the subject of proseLord Castlereagh felt himself bound to cution, but that the cessation of such pubgive his negative to the motion, because lications ought to have been left to the its professed object was different from the moderation and subsequent reflection of real one. The professed object was to the individuals with whom they originated. lay a foundation for some legislative re. Upon this observation he would state no medy as to fees paid in the Crown office. opinion, but leave it to the judgment of This object would be effected by a ge. the House and the country. But as to neral motion on the subject. The in the professed object of the hon. mover, formation thus obtained would, by the why, he would ask, should the hon. memrule-of-three, at once show the charges in ber direct his views solely to the expense any particular case! But the real object upon criminal proceedings? Was not the was to give the public an exaggerated hon. member aware of the expense of bills view of the question, by connecting it in chancery and upon civil actions ? Then with Mr. Hone. The trial of Mr. Hone why confine himself to a special case, having now taken place, and the attorney- but too likely to create a particular imgeneral having confessedly displayed all pression? The hon. mover had stated, the qualities which belonged to him in the that Mr. Hone's circumstances were so discharge of his duty, he would say limited that he could not conveniently nothing now on the subject ; but he must raise the sum of nine pounds, because give his negative to the motion for the his independent mind would not allow reason which he had assigned.

him to avail himself of the assistance Mr. Brougham defended the mode of friends. But he apprehended the adopted by the hon. mover. His object hon. mover had not asked Mr. Hone, was merely to obtain a foundation for a what was his profit from the publications legislative proceeding. He said, in effect, for which he was brought to trial, and “ give me certain documents, and I will which were known to have been very exshow you the foundation of such a mea- tensively circulated. As to the informasure.' “ No," said the noble lord, “ but tion which the hon. mover professed to we will tell you how much is charged per seek, on the subject of fees, he might obsheet.” After such information should tain it with ease from the recent reports be laid before them, they would remain of the commissioners for inquiring into quite ignorant of the sum paid by each the fees of courts of justice. If, however, individual. The knowledge of this could it was desired for any general purpose of not be obtained but by such a motion as legislation to obtain precise information was stated by his hon. friend. Let the for any given period, including ten or amount paid in the case of Mr. Hone be twelve cases, the motion might be so given, and, if they chose, in the case of worded, but he saw no reason for acfive or six others, in order to avoid ceding to a motion which implied & attaching the question to any particular particular predilection for the case of Mr. case, and they would then have a proper Hone. foundation for further proceedings.

Lord Folkestone declared, that he could Mr. Bathurst said, that according to not hear, without surprise, the objections

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which had been made to this motion on the general question of filing criminal inthe other side of the House. For what formations. was more reasonable in any hon, member proposing to amend an existing law, than Scotch LUNATIC ASYLUM Bill.] to point out a particular-grievance arising Lord Binning moved for leave to bring out of that law, and to move that the in a bill for erecting District Asylums in proof of that grievance should be laid be- Scotland, for the care and confinement of fore the House in a regular and authentic Lunatics. The noble lord expressed his

| form? Yet such was the course of pro- wish to have the bill printed, and that any ceeding objected to by those very gentle farther proceeding upon it should stand men, who, when any remedial measure over until after Easter, in order that the was proposed, uniformly flung in the teeth people of Scotland might have a full opof the proposer a challenge to show a par- portunity of considering its merits. ticular grievance. On this occasion, how- Lord A. Hamilton said, that two-thirds ever, these gentlemen felt it expedient to of the people of Scotland had disapproved alter their course. He agreed with the of the noble lord's former bill on this subright hon. gentleman who had just satject. He was connected with a part of down, that it would be better to move for the country where a lunatic asylum was the production of several cases, than to lately erected, which he considered a confine the motion to one particular case, model for such buildings. He hoped this because, by adopting the right hon. gen- bill would be subjected to the same exatleman's motion, the House would obtain mination in Scotland as the former bill. more information. But as to the state. General Fergusson expressed his disinment of the right hon. gentleman, that clination to oppose the introduction of

. any person against whom a criminal in the bill, but reserved the declaration of his formation was filed, might, if he could opinion upon its merits for a future stage. not or would not purchase a copy of such Lord Binning admitted that objections information, go to the Crown-office and to the former bill were very generally enread it there at his leisure; it was to be tertained in Scotland. His object in derecollected, that Mr. Hone was, at the laying any proceedings as to the bill till time referred to, a prisoner in the King's- after Easter, was in order to give the bench; for by a modern statute, of which people of Scotland time to examine it, sir Vicary Gibbs was the parent, any one and to consider the very material changes against whom a criminal information was he had made in the measure. The great filed, might be committed to prison, if he objection formerly was, to the appointdid not find bail, or did not think proper ment of general commissioners, to carry to give bail, or had it not in his power to the measure into effect. Now county procure bail to satisfy the crown solicitor. commissioners were substituted, exceptYet the House was told, that any one ing two commissioners to be appointed against whom a criminal information was by the secretary of state, for the purpose filed, was at liberty to read that informa- of seeing that the objects of the act should

Crown-be generally man in gaol to avail himself of that privi

. De Wynne approved of the object of lege? and such was the condition of Mr. | the bill, and took that occasion of exHone. So much, then, for the statement pressing his regret and surprise, that notof the right hon. gentleman, which he withstanding the horrible scenes described appeared to think quite a triumphant an- to that House in a report from a special swer to the complaint of Mr. Hone. How, committee three years ago, no legislative he would ask, was a man of humble means measure had as yet been passed, to proin such a situation to procure a copy of vide against the continuance or repetition the information against him, the close exa. of such cruelties. Unfortunately the right mination of which must be so necessary hon. gentleman who was so active in his to the preparation of his defence. The inquiries upon this subject (Mr. Rose), case referred to by the hon. mover was was now no more ; but the subject ought obviously one which called for legislative to be taken up by some other member, regulation.

and if no one else more competent should The motions were, with the leave of undertake the task, he himself should feel the House, withdrawn, and Mr. Smith it his duty to propose a bill upon this im. gave notice, that he would to-morrow portant subject. [Hear, hear!) submit to the House another motion, on Lord Binning stated, the new bill

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