a vent the crime, it was calculated to pro-, rites of the church. But it was a grave duce the worst effects. There was not matter of complaint, that a sheriff or any only the loss of lives, but the deterioration other person should take upon himself to of moral feeling, which such exhibitions pronounce an individual under such cirwere calculated to occasion. It was the cumstances guilty of another crime, for duty of the legislature to inculcate res- which he had not been tried (however pect, and not disregard for human life. evident his guilt might appear), and to This sentiment had been much better ex- cause his exhibition in so hideous a form, pressed by Mr. Burke, in speaking of the and in a way so disgraceful to the chapunishment of a great many persons for racter of the country, and so injurious to political crimes. It is certain," says he, the morals of the people. He well re« that a great havock among criminals membered when, upon a former occasion, hardens, rather than subdues, the minds a gentleman, now no more, of the greatest of people inclined to the same crimes; talents, and in words much better than he and therefore fails of answering its pur- could use, animadverted in that House on pose as an example. Men who see their a similar proceeding at the interment of lives respected and thought of value by a wretched and criminal suicide. [The others, come to respect that gift of God hon. and learned gentleman alluded here themselves. To have compassion for to the observations of the late Mr. Sherione's-self, or to care, more or less, for dan,* on the exposure of the body of Wilone's own life, is a lesson to be learned liams, with the fatal maul, &c. with which just as every other; and I believe it he murdered the Marrs and Williamsons, will be found that conspiracies have a few years back.] He should conclude been most common and most desperate, with moving, “ That leave be given to where their punishment has been most bring in a bill to repeal so much of the extensive and most severe. Besides, the act of the 10th and 11th of William 3rd, least excess in this way, excites a tender- as relates to stealing privately in any ness in the milder sort of people, which shop, warehouse, coach-house, or stable." makes them consider government in a Mr. J. Smith confirmed all that the hon. harsh and odious light. The sense of and learned gentleman had so eloquently justice in men is overloaded and fatigued and so feelingly stated, with respecito the with a long series of expectations, or with numerous instances of fraudulent banksuch a carnage at once, as rather resem- ruptcy that yearly occurred. The crime bles a massacre, than a sober expectation of forgery had also lamentably increased of the laws. The laws thus lose their within the last five or six years. Numeterror in the nrinds of the wicked, and rous cases of forgery were hushed up their reverence in the minds of the vir- from the indisposition of parties to prosetuous.* — Before he sat down, he begged cute. The bankers of London had formed leave to say a few words on a public spec- a committee for the prosecution of forgetacle, which had been made at Newgate, ries, in order that no individual pity of a wretched man, who, being accused might interpose between the offence and of murder, had destroyed himself . It its punishment, but even this expedient was stated in the newspapers of that day, had been found unavailing. that the mangled and bloody corpse had Sir. J. Newport strongly urged his hon. been exhibited in an elevated situation, and learned friend to persevere in his with a small gallows erected over it, to efforts to remedy the defects of the law in which was appended the fatal instrument this respect; and trusted that eventually of destruction. Such a horrid exhibition, he would be successful, and that from he was persuaded, was calculated to pro- observing the good which had resulted duce the most mischievous consequences from the legislative measures already on the men, women, and children by whom adopted on the recommendation of his it was beheld. There was no authority hon. and learned friend, the noble and for it. All that it was justifiable to do learned individuals in another place would with the body of a man on whom a co- at least hesitate on the expediency of roner's jury had pronounced a verdict of maintaining their principle of abstaining self-murder, was to bury it without the from any changes in the criminal law. * Thoughts on the approaching Exe Leave was given to bring in the bill. cutions. See Burke's Works, Vol. 9, p. 270, Edit. 1812. • See Vol. 21, p. 218. a a Sir F. Burdett could not refrain from expressing his surprise that these villains had been suffered to escape from the punishment due to their crimes. He thought it impossible that there should not be a law in our criminal jurisprudence to meet such cases of blood money. It was highly expedient that the opinion of the judges on this subject should be laid before the House: and he hoped that the hon. mem. ber would insist on its being produced. BLOOD MONEY-PARDON OF BROCK, | respect to the opinion of the judges, on PELHAM, AND POWER.] Dr. Phillimore which these men had received their pardon, begged to inform the House, that he was it did not exist in such a shape as to be a member of the committee which had laid before the House. This was all the been appointed to examine into the state explanation which he was enabled to of the prisons in the city of London; and give to the statement of the hon. memthat, in visiting the prison of Newgate on ber. Monday last, he had received information that three men, of the names of Brock Pelham, and Power, who had been tried at the Old Bailey, and convicted of the crime of having seduced three unfortunate Irishmen into the commission of a capital offence, in counterfeiting the coin, in order to get the rewards for the discovery and conviction of such persons, had received free pardons and been dismissed from that prison. He now wished to know whether that statement was correct; and whether any objection would be made to the production of the judgment on which they were condemned, and the free pardon by which they recovered their liberty. He had heard that, on a previous trial for a similar offence, a doubt had arisen in the mind of the judge who presided, respecting the operation of the law in such cases, and a point was reserved for the decision of the twelve judges, who gave an opinion, that the person in question could not be executed; and, accordingly, he received a free pardon from the Crown. That opinion, it was stated, had influenced the officers of the Crown in the case of Brock, Pelham, and Power; and they had been discharged from custody. This was a matter which required explanation; for he could not conceive any thing more horrible in its consequences, than that such blood-hounds, who had been guilty of so enormous an offence, should be let loose upon society, and have the opportunity of seducing other persons into the commission of crimes. Mr. Bathurst said, that the information which the hon. member had received as to the free pardon of these men was perfectly correct. The law officers of the Crown, how greatly soever they might wish such criminals to suffer the execution of the law, had found that they could not be brought to punishment. He was glad that this matter had now been agitated, as it was desirable that the public should know the ground on which these persons had been liberated. At the same time, he begged to state, that the law officers had been desired to take into consideration the necessity of introducing an act for amending the law in that respect. With The Attorney General said, that a police officer of the name of Vaughan, who had first been prosecuted for the crime of being accessory to coining before the fact was found guilty. The point whether, as the law stood, a person could be so convicted, having been reserved for the opinion of the twelve judges, certain other persons who stood in a similar situation were also prosecuted for the same crime and found guilty. The case of the first of these persons, and not that of Brock, Pelham, and Power, came to be argued before the twelve judges who thought the facts charg ed did not amount to the crime imputed to him. Though the case of Brock, Pelliam, and Power had not been argued before the Judges, it was exactly of a similar nature with the other, and it was deemed advisable that a pardon should be extended also to them. The person whose case had been argued before the judges had also been convicted on a charge of a different nature, of a conspiracy to procure the commission of certain crimes, but Brock, Power, and Pelham had only been convicted of the crime which he had already mentioned. He could say this much, that a more serious desire could not be entertained of bringing criminals to justice than was entertained in all these prosecutions. As far as he himself had been concerned, he would say that he had never in his life laboured with a more sin. cere desire of success in any case than he had done. The offence was enormous and could not fail of being held in the greatest abhorrence. The persons deserved to suffer the most condign punishment; but the law was defective, and, under such circumstances, they were pardoned. Mr. Brougham wished to know if these men had got a free pardon, or if any steps bill, it appeared to him necessary, as a were taken to prosecute them for a con- justification of the measure, merely to spiracy to procure the conviction of per- refer to the circumstances which had sons of certain crimes ? caused it to be brought forward. In doing Mr. Bathurst said, it was not in his this, he should have to trouble their lord power to give any farther explanation on ships by recalling to their recollection what the case of these persons. had been the situation of the country dur. Lord Milton said, the House had not ing last session, and for some time prebeen informed as to the manner in which ceding its commencement. He might this case came before the twelve judges. perhaps, by some, be thought to deviate This was a most important point, and one from the object under consideration, by on which the House ought to bave infor- the period to which he was disposed to mation. trace back the circumstances which had The Attorney General observed that on rendered the measures adopted in the last the trial of Vaughan, an objection had session necessary; but he could not refrain been taken on a point of law, and this from referring to the alarming symptoms point, the learned judge who presided at of disorder which had prevailed in some the trial, reserved for the opinion of the parts of the country for several years past. twelve judges. The opinion of the Their lordships was well aware of the atrotwelve judges, after hearing counsel on cious transactions which took place in the this point, was what he had already disturbed districts of Leceister and Notstated. tingham, where the destruction of frames Lord Milton asked if he was to under and houses, and the perpetration of murstand, that the point had been reserved in der, was carried on by regular combinathe case of these three persons (No, from tions, of a character altogether unknown the ministerial bench] ? Then he was to before in England, to the astonishment understand that the point had been reserv- and terror of the country. And to such ed on the trial of another person, and that an extent were the machinations of these the case of these persons was so similar to individuals carried, that it appeared from that in which the twelve judges had given the confessions of persons who had been their opinion, that his majesty's ministers, executed, that a premium was offered for without any point being reserved in their murder, that a project was entertained case, had advised a free pardon to be given for shooting the judge upon the bench, to them. It struck his mind that they that a plan was actually in contemplation had acted rather precipitately in this case. for assassinating him in his way from one The Attorney General observed, that it place to another, and that money had acwas considered the first decision decided tually been raised for carrying that plan also the second case. Under these cir- into effect. The spirit which operated in cumstances, those whose duty it was to these transactions, it was not difficult to advise the Crown, thought it their duty to see, would extend itself by degrees, and take care that the sentence of the law, in accordingly they found that it spread, in the case of Brock, Pelham, and Power, the course of no very long period, over a should not be carried into execution ; for, considerable district. Numerous indiviunder circumstances, they were of opinion duals became contaminated, and projects that these men could not be legally exe- were entertained of overthrowing, by cuted. force and violence, the laws and constituSir F. Burdett observed that if, as the tion of the country. Clubs of various law stood, these men could not be exe- names and descriptions, and union socuted, still it did not appear that they cieties, had been formed in different parts could not be prosecuted for conspiring to of the country, under the presence of take away men's lives for money. seeking a reform in parliament. These clubs communicated with each other, and HOUSE OF LORDS. with associations of the same kind in Lon don. They even appointed delegates to Friday, February 27. assemble in the metropolis. The instituINDEMNITY BILL.] The order of the tion of these clubs was followed by public day having been read for the second read meetings held in different quarters of the ing of the Indemnity bill, country, at which the most inflammatory The Duke of Montrose said, that in and seditious language was used. And at rising to move the second reading of this what a period were these projects at t tempted to be ripened ?--at a time when did not apprehend that the constitution 1 the commerce of the country was in a would be overthrown. They had no fear great degree suspended when there was that their lordships would be interrupted in no demand for our manufactures,—when the exercise of their functions, or that the a numerous and deserving class, the agri- succession of the throne in the house of Hancultural labourers, could not find employ, over would be altered. It was not from any ment,-when the farmers could find no apprehensions of such a nature, that the market for their produce,-and when, as measure had been introduced. All the their lordships knew, they were no longer fear the supporters of the bill had, was able to pay their rents. It was at such a for what might befal the unfortunate perperiod, when numerous classes of indivi- sons to guard against whose misconduals were experiencing the greatest dis- duct its provisions were framed. It was tress, that inflammatory agitators endea- for the sake of these infatuated men, for voured by every perverted means in their the sake of humanity alone, that the suspower to render those who, under the pension of the Habeas Corpus act had pressure of distress, were peculiarly sus been proposed; and here he would ask ceptible of discontent, parties to their in their lordships, as a noble lord had emsurrectionary and revolutionary projects. phatically done, when the bill was in proAt that most extraordinary and distressing gress in that House, whether they did not period, meetings of the nature of those to think it better to prevent crimes than to which he had already adverted took place punish them? His noble friends were in the metropolis and various parts of the perfectly sensible that they could, in the country. Their lordships would recollect ordinary state of the law, have put down the two which had been held in Spa-fields. every disturbance which had taken place. The second of these had led to robbery They could have easily employed force and assassination, if not to high treason. enough for that purpose; but then it must That alarming disturbance was soon fol- have been employed at the expense of lowed by the atrocious insult and attack thousands of lives. Their lordships thereon the person of his Royal Highness the fore passed the act for suspending the Prince Regent, which took place while he Habeas Corpus on the ground of huma. was in the act of proceeding to exercise nity, as well as for securing the peace and his royal functions in that House. After tranquillity of the country. With a view that transnction, it became the duty of to these objects it had appeared to them government to take measures to defeat the indispensably necessary, and in passing it machinations of these individuals, and they must have looked forward io the intheir lordships and the other House of par- troduction of the present bill, which was liament thought fit, in consequence of the the natural consequence of their agreeing general state of the country, to institute to suspend the Habeas Corpus act. The a Secret Committee to inquire into and re- present bill was merely a corollary deport on the evidence laid before them. duced from that which had preceded it. The opinion of those committees had Their lordships had hoped, that the first been solemnly recorded and sanctioned, act for suspending the Habeas Corpus, upon the report of their lordships com- which had been passed during the last sesmittee being laid upon the table ; and upon sion of parliament, would have been sufit a bill had been introduced and passed ficient to restore tranquillity to the counfor suspending some part of the act of try; but in this they were disappointed, Habeas Corpus, namely, in its application and it had been found necessary to renew to the apprehending of persons charged it. Public meetings, of a seditious and with designs against his majesty's person inflammatory tendency, continued to be and government. That bill was opposed, held; and one in particular, of a very and underwent much discussion. It was alarming description, took place at Manasserted, that the existing laws possessed chester. At that meeting it was proposed sufficient strength and energy to protect to petition the Prince Regent; but the the constitution ; and it was asked, why petitions were not to be conveyed to the resort should be had to the measure then foot of the throne in the usual manner : proposed, when the disturbances com- they were to be carried up to the metroplained of could be suppressed without polis by large bodies of persons, who eviit? His answer was that those who pro dently intended to seek their object, not posed the suspension of the Habeas Corpus by prayer, but by alarm or force. What were nos afraid of the contitution. They would have been the consequence, had these men been permitted to proceed on now proposed to read a second time, but their march from Manchester in such num- to call their attention to the nature and bers? They would in all probability have extent of the proceeding recommended to committed numerous robberies and mur. them by the poble duke, not only with reders on their way; and it was impossible ference to its importance, as it might op- ; to forsee what mischief might have been pose the just claims of persons who had the result of their project, had they been been injured, but also, with reference to suffered to come near the metropolis. He its legal character and consequences. did not wish to rest the introduction of Affecting as it did the rights and properthe present bill on precedent; the ground ties of the people, it inflicted, in conjuncon which he proposed it, was necessity. tion with the bills of last session, a serious Their lordships could not avoid passing it; wound on the constitution; he was therefor, as the circumstances to which he had fore of opinion with the noble duke, that referred justified what had already been it was impossible to separate the considerdone, this measure must necessarily fol- ation of the present bill from those which low. Their lordships were called upon to had passed last session; but, notwithstandpass the bill in justice to his majesty's mi- ing what had fallen from the noble mover, nisters, and the magistrates who had he could not believe that it was intended acted upon the suspension of the Habeas by the noble duke to maintain that the Corpus in the disturbed districts, and to passing of the present bill was a necessary whom, in his opinion, the thanks of par- consequence of the Suspension of the Haliament and the country were due. If beas Corpus act. The noble duke surely their lordships did not pass this bill, they could not think of seriously supporting would hereafter louk in vain for the exer- such a proposition. As it was one which cise of that vigilance and prudence, by could not possibly be admitted by their which the magistrates had prevented the lordships, the noble duke would doubtless greatest of evils from befalling the coun. on due consideration abandon it. Were it try. Were they to reject this measure, possible to conceive that the present bill which was necessary to protect those to could be regarded as a necessary consewhom the country was indebted for its quence of those which had been passed in present tranquillity, they would never the course of the last session, it would again have the opportunity of preventing then be no profitable employment of their insurrection. They might, indeed, put lordships' time to consider what had been it down when it did take place; but then done under these acts, which, however, that suppression could only be accom- the noble duke had thought a fit subject plished by force, and with much bloodshed. to be dwelt on. But if it really was inFrom the papers which had been laid be- tended that the present bill should be a fore the committee, he was certain that consequence of the measures of last sesthe magistrates had performed the duties sion, would it not have been more candid which were imposed upon them with the and manly to have said so at the greatest prudence and humanity. He time these measures were introduced ? doubted, indeed, whether all the persons No such declaration had, however, been who ought to have been apprehended had made. On the contrary, when the suspenbeen taken into custody and detained. sion of the Habeas Corpus was in the last Some of their lordships might be surprised session under consideration, it was said at this observation ; but if they had exa- that ministers were responsible for the mined the papers as he had done, they exercise of the powers entrusted to them would be of the same opinion. He should by these acts. if this measure of indem. not trouble their lordships with any far- nity was a necessary consequence, where ther observations, as he conceived that was the responsibility? Were they then the circumstances he had recapitulated to understand that at the time the suspensufficiently proved that the proposed mea- sion of the Habeas Corpus was introduced, sure was one to which they were bound to and the responsibility of ministers was so give their sanction. His grace concluded much vaunted of, it was determined to by moving that the bill be now read a se- bring in this bill of indemnity to render cond time. that responsibility a mere name!-He The Marquis of Lansdowne said, he did could not indeed believe it possible that not rise for the purpose of attempting to the noble duke meant to say that the act persuade their lordships to refuse altoge- 1 of the last session rendered the present iher to entertain the bill, which it was measure absolutely necessary, and that a |