qualifications, could not be had in all of who should blame the Scots burghs, did them, unless all the exclusive privileges, not blame the close boroughs in England. which had existed for ages, should be There were some close boroughs, and abolished. It was said that the question some in which there were rights of podid not touch on parliamentary reform. pular election; but in Scotland there were This was true, if the question was con- none of the latter description; so that, fined to the consideration of the particular whoever supported the English constitucase; but if, in defiance of the act of tion could not like the constitution of Union, it was intended to introduce a Scotland. In England, though the sysnew system of election in all the burghs, tem might be, in some respects, improved, it would have the same effect as a sweep- there was a variety of modes of election, ing measure of parliamentary reform which had been falsely blamed, as pro[Hear! from the Opposition]. The ducing an inadequate representation ; but gentlemen opposite imagined there was an which, on the whole, produced a répreinconsistency in this argument; but he sentation more complete than any mode contended, that the power which the Crown which should proceed on the basis of unihad enjoyed before the Union, was con- formity [Hear!]. But in Scotland there

!. tinued to it by that act. His assertion was the most perfect uniformity on an in the last session, that the people of Scot- oligarchical principle. He contended, land were satisfied with the constitution that any uniform representation was bad. of their burghs, he would repeat. He Universal suffrage was, indeed, the worst did not mean that they were unanimous of all (Hear!], if not a monstrous inconThe Scotch were not famous for unani- sistency with all forms of human somity, as it was always supposed that an ciety (Hear!). It never existed in this argument was a favourite amusement with country, and if it had, he should have that people. But he had no doubt the thought its abolition the best plan of remajority were satisfied, ough great pains form (Hear!]. But in Scotland there had been taken to excite a ferment. In was an uniformity of the opposite kind. four-fifths of the burghs there had been There was no popular election, or preno meetings, and in the others the meet- tence of popular election. So that Scot. ings had taken place among those subor- land, though by the Union it enjoyed the dinate corporate bodies, who wished to protection of the free constitution of Enghave the privilege of choosing their own land, did not, in the nobler sense, particideacons. He was convinced there would pate in it. It was a gross fallacy, therebe a general feeling of alarm, if a general fore, to compare the state of the reprechange were apprehended, and should sentation in Scotland to that of England. therefore oppose the motion.

He did not wish to speak to the dry legal Sir James Mackintosh said, he should question, but legal questions affecting the not enter into the question of parliamen- constitution, and particularly

rights tary reform, nor that of dry law, which of election, were peculiarly subjects for was connected with the present motion, the consideration of that House. The because the present was an unfit time to question now was, whether the Crown discuss the one, and the House of Com. possessed, not the power of reviving a mons was an improper tribunal to decide burgh, the charter of which had been on the other. He thought the motion of lost by intermission of elections, but whe. his noble friend had been hardly dealt ther it possessed the power of altering with, in being considered a motion sub- the constitution of it? This was a question servient to parliamentary reforın. It was over which great doubt hung. He did strange that a motion, which called in not mean to give an opinion on it. The question the legality of a change in any right rested on a single case, that of one burgh, should be viewed as leading to Stirling, which had never been decided universal change.

This seemed a pa. on in a court of law, or in parliament. In radox, which the learned lord had chosen such a case it was the duty of the flouse for the purpose of displaying his inge- to require information, and he should nuity ; but in supporting it he had for- therefore vote for the motion. gotten his arguments. The learned lord Mr. J. P. Grant said, he should not had used an argument, connected with give any opinion on the points of law dis, the question of parliamentary reform, cussed by the learned lord, but it the which he could not help noticing. He | Crown had by law the power, in case of had said, that it was strange that those the suspension of the functions of a cora (VOL. XXXVII.)

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poration by accident, which might fre- | not met the question fairly, but had justiquently happen, would it not be proper fied what was now done at Montrose by to suggest some regulations on that sub- what had been done at Stirling in 1781°; ject? He thought the ministers, if they and by the same rule, what had now been saw that such cases were likely to be fre- done at Montrose, would form a precedent quent, would themselves be apt to come for any similar transaction next year, in to parliament to request its opinion on any other burgh. The question, however, such a subject. The motion only went to still returned-whether the Crown had le. the production of a document, and as to gally the power to alter by its own authohe knew not what horror, which the noble rity the constitution of a burgh-how it lord entertained, of he knew not what pleased when it pleased—and, as often plan, which was connected with the mo- as it pleased? The question was certainly tion, it was altogether unfounded. As to worthy of being settled, and if the Crown the quietness of the people under the pre- had any such legal power, even under sent system, he had very different informa- circumstances similar to those of Montrose, tion from that of the learned lord. Nu-he meant, when an alteration was remerous applications had been made by the quested by the burgh itself; the consecourt of Session to set aside the late elec- quence must be fatal to the stability of tions, with a view to obtain disfranchise the burghs even under any improvement ment, or to get poll elections. As to the they might receive ; for, if such change alteration of the constitution of the burgh might be made, the influence of the Crown of Montrose, no one complained of it as was so great, throughout Scotland, that it it affected the inhabitants of the burgh ; might easily procure an application to be but if such a power came frequently to made for alteration in almost every one of be exercised by the Crown, it should be the Scotch burghs, at such times as its miexercised according to some general rule. nisters conceived to be convenient. The He thought the question should be brought learned lord had maintained very posibefore parliament, as he did not see how tively that the burgesses were not liable it could properly be taken cognizance of for the debts contracted by the magisin a court of law.

tratęs. He had heard the opposite opinion Sir R. Fergusson supported the motion. affirmed by legalauthority, quite as good as No one who looked at the deplorable that of the lord advocate. He did not state of the representation in Scotland, wish now to argue that point any farther. could agree in the eulogies which had He apprehended, however, that ihe declabeen pronounced on it. The people were ration of the learned lord's opinion this not in a state of fermentation, but of night, would alarm the creditors of some great anxiety for a better system, of which burghs; and bring these claims and their they had a good example in the new con- other municipal concerns to a speedy stitution of Montrose.He then read the crisis. One thing, however, he must pointparting address of the late magistrates of edly remark; it was this, that although Aberdeen, who declared their decided the learned lord had denied that the buropinion, that a new constitution was neces. gesses at large were liable for the debts of sary, for the sake both of the magistrates the burgh, he had taken care to avoid and people. This address was written by stating who were liable. Surely, the cregentlemen who had been in the uniform ditors were not wholly without remedy or habit of supporting his majesty's minis- redress. The learned lord, too, had disters. The hope of a change in the con- puted the fact of the dilapidation and ruin stitution of the burghs had been fostered of the burgh funds. Here his lordship by the commissioners at Montrose, one of read a statement of the condition of whom, the sheriff of Perthshire, praised | Aberdeen, to prove the mismanagement the liberal constitution which the paternal of the burgh funds; which lie said he had government of the country had given received from unquestionable authority : them, and adduced it as a proof that the “ Aberdeen had once been one of the ministers were willing to effect reform richest corporations in Scotland; its funds when reform was necessary. He hoped his were now dissipated, and its corporate majesty's ministers would act up to the managers had farther contracted a debt liberal'ideas which were thus praised by of 230,0001. They had, during a few their warmest adherents.

years past, borrowed 57,0001. to pay the Lord Archibald Hamilton rose to reply. interest of their debt. The magistrates - He observed, that the learned lord had were ex-officio managers of the charities in

UN

the neighbourhood, and they had borrow- The motion was negatived without a died these funds, and thus involved these vision. charitable institutions in the general wreck. They had taken up money of

HOUSE OF LORDS. every Kirk session that would lend them. At the last election only two persons

Monday, February, 16. could be found to accept the office of PETITION FROM Philip DRUMMOND councillors; there exists now only six, COMPLAINING OF IMPRISONMENT instead of nineteen, that is, four under a DER THE HABEAS CORPUS SUSPENSION quorum qualified to act. The citizens Act.] The Earl of Carnarvon said, he have now an action before the court of had a petition to present to their lordships session, by which they hope to disfranchise from a person who had suffered under the the burgh, with the view of obtaining a suspension of the Habeas Corpus act, and new set.” He appealed to an hon. mem. who stated that he had been imprisoned ber present (Mr. Foibes) if this was not without any cause. If the forms of the substantially correct. Similar facts, to a house would permit it, he should wish to greater or less extent, might be adduced move, without loss of time, that the petiin the case of all the royal burghs in Scot- tion be referred to the Secret Committee : land, as he could prove before a commit- but as notice of the motion must be given, tee of the House. Well as he was ac- that would occasion delay, and the report quainted with the gross abuses existing in of the committee might perhaps be made Scotch burghs, and their general preva- to-morrow. lence, still he had been surprised, since The Earl of Liverpool said, the report the time he had given notice of this mo- would not, perhaps, be made for a day or tion, by the numerous representations he two. The noble carl might, therefore, had received of facts new to him, offered move, that the petition be received to-day to be substantiated by proofs, and of com- and give notice of his motion for the earplaints of grievous injury, and impending liest convenient day. ruin, all tending to establish the same Lord Holland said, it was important point; the cruel, ruinous, and oppressive that petitions of this kind should be sent mismanagement of the burghs. The ge- to the committee, and he could see no neral subject, however, was not now be objection to their being immediately refer. fore the House, and though he foresaw, red thereto. plainly, that his present motion was to be The clerk carried the petition to the negatived, he would take an opportunity lord chancellor, by whom it was found to after Easter of bringing this very ques- wantthe word “humble.” tionable power of the Crown to alter the The Earl of Carnarvon said, he had read set of a burgh again, under the considera- the petition, and could assure their lordtion of the House, along with a more ex- ships that it was decorously worded. The tended view of this important subject. omission of the word “humble,” he hoped

Mr. Forbes stated, that the burgh was in. would not be considered of such consevolved in some dilliculties by the purchase quence as to prevent its being received. of a large quantity of ground which for some Lord Holland begged their lordships to years they could not let out on building consider, that as this was a petition from a leases, but even under their difficulties person who complained of nothing less they were only 1,4001. short of the whole than illegal confinement, it was one which interest on the sum due. There were ge- they ought not to reject on the ground of nerally two sides to a question, and he any trivial informality. believed the noble lord had only got hold The Earl of Liverpool thought it would of one. For the last few years the affairs be proper to have the petition altered, as of the burgh had been in a progressive he understood it was not the custom of state of improvement.

the

House to receive petitions so worded. Mr. W. Smith said, that the revenues of. The Marquis of Lansdown thought, the town of Aberdeen were 1,4001. short that where there appeared no intention to of the sum necessary to pay the interest treat the House with disrespect, there of their debt.

could be no reason for rejecting a petition. Mr. Douglas said, that the embarrass- When such complaints as that now ments of the burgh were so far removed offered were made, their lordships ought to as to leave a sinking fund of 300l. a year throw wide their doors for the reception of after the payment of its debts.

such petitions.

the House the revival of the committee able meeting, legally called for the purpose whose labours extended over so large a of petitioning his royal highness the portion of the session of 1816, in inquiring Prince Regent to withhold his royal into the condition of children employed assent from the Habeas Corpus Suspenin factories; that the minutes of the evi-sion bill, suddenly surprised by a body of dence taken before that committee are military, who without any the least cause very voluminous, and contain a mass of rode through the people, trampled upon vague and inconsistent charges, which it and treated them in the most inhuman is impossible to distinguish from the truth manner, and after the petitioner had been without much laborious application or repeatedly struck by the military, he was personal inspection of the factories; that conveyed to the New Bailey, Manchester, the minutes contain also statements of where he remained until the following day, facts confirmed by documents which, as when he was informed he must go to Lonthe petitioners humbly conceive, establish don; the petitioner was then chained to the beyond doubt the generally good state of leg of another prisoner, and conveyed to the health, morals, and instruction of Cold Bath fields prison, where he remained persons employed in factories, and that until the 15th of March, on which day he parliamentary interference for their pro- was ordered to appear before the honourtection is wholly unnecessary; that the able privy council, when he was informed petitioners, anxious that the truth should by lord Sidmouth he must be committed to appear, did invite, previous to the session prison on suspicion of high treason; the peof 1816, such members of the House as titioner was then removed to Horsemonger are connected with the county of Lancas. gaol, Surrey, where he was put in irons ter to visit the several factories in the and locked up in his room until the 10th of town and neighbourhood of Manchester, April, on which day an order was received that they might, from actual inspection and that he must be removed to the county gaol comparison, form their own opinion, and of Gloucester ; on his arrival he was combe better prepared to appretiate the tes- pelled to enter a cistern of cold water, timony which might be offered ; and the which caused a severe sickness, insomuch petitioners humbly pray, that if the House that the physician ordered him to be rerequire farther information upon the sub- moved into the hospital ; during his illness ject, they will be pleased to appoint a spe- he requested Mr. Baker, one of the visiting cial commission of their own members, magistrates, to allow some person to refor the purpose of examining upon the main in the room, as he was unable to spot into the actual condition of persons help himself, but was informed by that employed in factories, and of comparing gentleman, that lord Sidmouth's orders it with that of persons employed in the specified that the petitioner must be kept various departments of the cotton and alone, and that no person must see or other manufactories."

converse with him but the keeper and maMr. Philips observed, that the peti- gistrates; after the recovery of the petitioners conceived themselves to have been tioner he was ordered back to his former grossly calumniated by statements which apartment; during the first four months had been made by different persons, re of the petitioner's confinement in this garding the labour and the health of per- prison he was not allowed to speak with sops employed by them, and by proposi- any person, no, not even a common tions to interfere with them in the conduct felon, and when the door of his room was of their own business. He was convinced unlocked, which was four hours every that if members would read the report atten- day, the petitioner no sooner left the room tively, they would find that in the manufac- to take the benefit of the air, than the tories those employed werein as good health keeper always locked the door, thereby at least, as those in any other branch. preventing the petitioner from returning

to his room, so that he was repeatedly Petition of John BAGGULEY COM- forced to endure the inclemency of the PLAINING OF THE OPERATION OF THE weather; on the 6th of August 1817, an HABEAS Corpus SUSPENSION Act.] order was sent by lord Sidmouth that the Mr. Bennet presented a Petition from petitioner must be allowed the company John Bagguley of Manchester ; setting of another prisoner four hours each day; forth,

in the month of October another order 66

" That the Petitioner was on the 10th was received, that the petitioner might of last March, while addressing a peace walk in the prison yard when ever he