Abbildungen der Seite
PDF
EPUB

and why was it not put to the test? Had not this man a right to say, "You knew you could prove nothing against me, and therefore you abstained from bringing me to trial." Surely this was not a fair, a humane, or a decent way of treating an accused person.

titioner so much rested on, was wholly un-him if he had been guilty of any crime; founded. The pretended object of the meeting was, he admitted, to devise some means of procuring relief; but the real one was of a very different nature. This statement he founded on the best of all evidence, the confessions of the persons who had been arrested with him, and who formed part of the meeting. With respect to the conduct of the magistrate, it was not what the petitioner had represented. He would boldly affirm that; for he knew all the magistrates in the district, and there never were a more re-improperly. spectable or humane set of men.

Mr. Finlay said, he could speak confidently to two points in the petition; first, that the petitioner was not innocent, as he had represented himself to be; and next, that the magistrates had not acted

Mr. Brougham also presented a petition of a similar nature, from John Keith, a cotton spinner, of Glasgow, one of the persons arrested with the former petitioner. He also presented a petition from William Edgar, teacher of Bridgeton, by Glasgow; setting forth,

Sir F. Burdett hoped the House would not take the assertions of the hon. member, though he had given them so great an extent, for absolute proof. The hon. member disbelieved the allegations in the petition, not only because he was acquainted with the circumstances of the "That the Petitioner had the misforcase, but, what was a most extraordinary tune to be among the selected victims of reason, because he knew all the magis-ministerial vengeance in the late prosetrates. Surely such a statement as that did not afford any ground for withholding inquiry.

cutions for alleged treason, the origin and object of which have now been so fully developed to the country; that the petitioner conceives his case has a peculiar claim to the attention of the House, a case which he presumes is unparalleled in the history of British judicature; that a

Mr. Brougham asked, what did the argument of the hon. member amount to? He knew nothing of the truth or falsehood of the present petition, but, it seemed, he was acquainted with the ground-panel should be three times put on his lessness of petitions that had been drawn defence for the same supposed crime, and up by other persons, with whom the pre- three times called upon to plead to the sent petitioner was wholly unacquainted. same charges in successive indictments; The hon. member would not listen to this that the petitioner was forced from his petition, because it came from the same school by the imperious fiat of magisterial quarter from which others had proceeded. authority, and immured in a prison, to the Certainly it was from a man-a man of great detriment of his health; that though Glasgow a man who complained of ill- he offered surety for his appearance when treatment and that was the whole simi- called upon, yet it was peremptorily relarity. Now, though some petitioners fused; that he was hurried from one primight have acted improperly, the petitions son to another, bound like a felon, and of all who complained of ill-treatment hand-cuffed like a ruffian; that he was were not therefore to be looked upon as shut up in solitude for twenty weeks tofabulous. The hon. member said the gether; that he bad there only the allowmeeting was for a very different purpose ance and treatment of a common culprit, from that pretended; and this statement and that from his cell he was dragged he founded on the confessions of certain before a tribunal as often as the pleasure persons who had been taken. But there or caprice of his prosecutors suggested; was another sort of evidence, which, he that the petitioner suffered all these inwas sorry to say, was falling into discredit dignities innocently, and consequently unin that House, namely, the evidence of justly, is fully demonstrated by the result witnesses before a jury. Why was not of the proceedings, a result which at once the man brought to trial? The hon. mem-vindicated his character and covered his ber said there was abundance of evidence in the confessions of the persons taken with him, and added to that, Mr. Salmond might have given his testimony. There was then abundant evidence to convict

prosecutors with guilt, disgrace, and confusion; that while the petitioner submits his case to the House, and confidently expects a competent redress for the injuries he has sustained; he also hopes that

the House will, by a prompt and decisive interference, convince the nation in general, and ministers and their pliant instruments and agents in particular, that such flagrant proceedings will not in future be tolerated, and that the complaints and grievances of the meanest citizen shall not pass unredressed, nor their rights and liberties be violated with impunity; and praying the House to take the case of the petitioner under serious consideration, award him such indemnification for his complicated wrongs as he is in justice entitled to, and, above all, adopt such measures as may prevent the like in all time coming,"

Mr. Boswell said, that he did not rise to oppose the petition being laid on the table, but to observe that the acts alluded to in this as well as in the two former petitions, were not done under the suspension of the Habeas Corpus act, but according to the ordinary course of law. Therefore if the Indemnity bill were passed, the parties complaining would not be precluded from redress for such acts, if the complaints were well-founded.

The Petitions were ordered to lie on the table, and to be printed.

SALT DUTIES.] Mr. Calcraft said, he was happy that he should not have to trouble the House on the subject on which he had given notice of a motion, as a committee would be conceded to him on the Salt Duties He had had a communication on that subject with the chancellor of the exchequer, and a committee of 21 members would be appointed. Had the nomination of the committee rested wholly with him, it might, perhaps have been somewhat differently composed; still, however, he was by no means dissatisfied. He should, therefore, move, "That a Select Committee be appointed, to take into consideration the laws relating to the Salt Duties, and the means of remedying the inconveniences arising therefrom."

Mr. Curwen, in seconding the motion, congratulated the House on the course adopted by the right hon. gentleman. He believed that the most material benefit would be derived from the labours of the committee, both with respect to the reveMr. Brougham observed, that the justice nue and to the public morals. A revision of the remark which he made last night, of the salt duty laws was the greatest namely, that some gentlemen were cheering boon that could be bestowed on the people. the measure alluded to by the hon. mem- He believed he should be able to prove, ber, without being aware of the character that, between two and three millions a and object of that measure, was fully il-year might be saved by a modification or lustrated by the observation which the commutation of the duties. House had just heard. For the hon. member professed to think that the Indemuity bill did not propose to screen from any action at law such acts of oppression as the petitioner complained of, because such acts did not take place under the suspension of the Habeas Corpus; whereas this bill extended to all acts done with a view to what was called the preservation of the public peace, or the suppression of conspiracy, since the 26th of January, 1817, Therefore the hon. gentleman misunderstood this bill, and upon that misunderstanding he should expect his vote against it in future.

Mr. Boswell said, that he did not support the bill alluded to upon such specific grounds. He certainly was not aware that this bill extended to the cases stated by the petitioners; but persuaded of the loyal zeal of the persons complained of by the petitioners, he was glad to find that the bill proceeded to such an extent as the learned gentleman had stated, and he should the more readily vote for its adoption,

Mr. Egerton was extremely glad that a committee had been granted to inquire into this subject. The greatest benefit would be produced by it. The county which he had the honour to represent, suffered much from the existing system. The mischief was great, in an agricultural point of view, but it was still greater, as far as the morals of the country were concerned, which were materially injured, in consequence of the temptation to smuggling, induced by these high duties.

Mr. Davenport was very happy that some relief was about to be afforded from one of the most oppressive taxes ever imposed on the country.

The Chancellor of the Exchequer said, that the subject, in every point of view, was worthy of the most serious consideration. He hoped those who would be appointed to investigate it, would recollect that those duties afforded a very large revenue; and, if they were withdrawn, that it would be necessary to adopt some other mode of raising a sum equivalent to that given up.

a

Mr. Calcraft said, he never could have of that character, took the House by surproposed to affect so large a proportion of prise. No man, from reading the reports the revenue as a million and a half, which of the secret committees, could have been the duties on salt produced, without the led to expect such provisions of indemni. idea of finding soine substitute. In the fication. They were to include, not alone present circumstances of the country, it magistrates and constables, but even priwas quite necessary that some substitute vate persons who might have entered the should be found, before so much of the houses of people without any warrant or revenue could be withdrawn.

proper authority. This was an abuse of A committee was then appointed. power not contemplated in any previous

discussion of the measure. He put it, INDEMNITY BILL.] The Attorney therefore, to the candour of the noble General having moved the order of the lord to say, whether it was not due to the day for the second reading of the Indem- House to obtain information before it was nity Bill,

called upon to pass provisions of that Mr. Lambton observed, that there were extraordinary character? No injury could on the paper, two orders before that now arise to any party from the delay, as the moved, which, he supposed ought to take bill of indemnity had a retrospective opeprecedence of it.

ration, and as no legal process could be The Speaker said, he believed the under acted upon during the existing vacation standing of the House was, that no one before the next term. order had precedence of another. The Lord Castlereagh observed that the individual who first caught his eye was, arguments of the hon. and learned genhe believed, entitled to proceed. "But the tleman, though applicable to the bill in House would decide whether the hon. committee, did not bear upon the prinmember was misled, as to his notion of ciple of the measure on the second reading. precedence, or whether he (the Speaker), Mr. Tierney denied that the subject misconceived the usual course of practice. could be so well discussed at any other

Mr. Lambton said, that as the indemnity time. If the bill was now read a second bill was likely to occupy a considerable time, there could be no future opportu. time, it would be more convenient to dis- nity to correct what formed so material & cuss the other orders before it came on. part of the bill. But the noble lord was His hón, and learned friend had a motion so elated by his triumph last night, that fixed for that evening which ought to be he could not think it possible for any man disposed of before this subject should be to be right but himself. Reason, and brought forward.

argument, and discussion, must all give Lord Castlerengh observed, that as way at once before his invincible majority. the order now moved was the most im- It was quite evident that one-balf of this portant, and as there was no precedence bill was quite new to the House. The with respect to orders of the day, the House thought inquiry necessary as to the hon. gentleman would feel the propriety proceedings towards persons committed of suffering the Indemnity bill to proceed, under the suspension act, previously to and not put it off till a late hour in the the introduction of any act of indemnity. evening

As to the other proceedings respecting Sir W. Burroughs said, that if the House arms, papers, and persons connected with would calınly consider the provisions of cumultuous assemblies, no inquiry was inthe proposed bill, it would feel it impos- stituted, and no information was given. sible to proceed thus hastily, or indeed The report of the secret committee was without obtaining most necessary informa- surely necessary, or ministers would not tion. The bill comprehended three new have proposed such a solemn proceeding. heads, on which inquiry was absolutely But the report never glanced at the

, essential, and on which the Reports of the seizures in question. It had been much Secret committees were wholly silent, insisted on, that no persons had been although the present bill was supposed to apprehended for treason, but in conseemanate from their recommendation. quence of information on oath. Were the These were, the seizure of arms by enter- searches for arms and papers upon oath ? ing the houses of the king's subjects, the They were bound by their own proceedseizure of papers, and the seizure of per. ing to answer this question before they sons found in tumultuous assemblies. A called for indemnity. If the smaller bill demanding indemnity for proceedings class of violations of law were justified by

[ocr errors]

information upon oath, let it be shown measure until farther inquiry. This was that this larger class proceeded also .upon no time for it. The matter did not appear information on oath, which he very much to him in the same light as it did to the doubted. To search Houses without any hon. baronet. Indemnity should, in his such information was an unprecedented mind, be extended to magistrates on acexercise of authority; and to carry an

count of searching for arms and papers as indemnity for such an exercise by dint of well as for any other part of their conduct. votes, was equally unprecedented, and This point did not seem to need any parstill more odious. He would seriously ticular inquiry. Magistrates had no such put it to the House, whether five gentle general power of search as that alluded men in it understood, when the bill was to. The question was, whether they introduced, that it contained any such would grant them indemnity for their clauses.

conduct in this respect, acting as they Sir C. Monck said, that this was a very were upon the notoriety of public danger. serious matter. A search for arms and On the question, That the bill be now papers was no slight affair. The House read a second time, should recollect the manner in which such Mr. Grenfell said, he should not delay a power was formerly exercised in Ireland the House long with the few observations and the oppression to which it gave rise. he had to make. He could not, however, Any information leading to such a search suffer the measure to pass the second ought to be received with considerable reading with a silent vote. He was one distrust. By the constitution of England of those who, in the last session of par. it was every man's right, it was even his liament, voted twice for the suspension of duty, he was bound to have arms for the the Habeas Corpus. He did so with re. protection of bimself, his family, and pro- ference to the report of the first secret perty. They should consider the time at committee, from a confidence in the state. which the search took place-a time of ments it contained, and in the persons by great trouble and public alarm, which whom it was drawn up. He saw on that rendered arms more necessary for the committee a noble lord (Milton) the purpose of defence. Were magistrates member for Yorkshire, he saw the late and their agents to be the arbitrary judges Mr. Ponsonby, and others of great constiof the use to which a man intended to tutional authority, who all gave their supconvert any arms found in his possession port to what the reports set forth. He Were they to presume a bad intention would confess, however, that when the merely from the circumstance of finding facts were disclosed upon which the rethem? When the bill was brought to his port was founded, they did not appear to house he was astonished, on looking over him of such a character as he had exit, to find an indemnity proposed for those pected. Still, recollecting what seemed who had thouglit proper to search for and to be the feelings of the metropolis and seize arms. Magistrates or any other other parts of the country in 1817; remen had no right to break open a man's collecting how the House was assailed house for this purpose, excepi at the suit with petitions compounded of folly and of the king, and even then it was under mischief, which, under the pretence of proper restrictions. They should not pass reform, aimed at nothing less than revoan indemnity bill for matters which had lution; recollecting, too, that it was a never been under the consideration of the time of great pressure and public distress, Secret Committees. If the House was when many of the lower order of medetermined to agree to the measure with chanics were out of work, and of course out any time being allowed for inquiry, desirous of change, he could not repent or for a return upon the three new heads of the votes he had given. In these cire alluded to, it signified little to talk any cumstances, he owed it to his own consismore about the bill. The sooner they got tency to give his support to the bill of rid of it the better. It was a mere moc- Indemnity, and it was accordingly bis inkery of legislation to proceed in such a tention to give it his support in all its manner.

stages. Mr. Bathurst said, that the objection Lord Lascelles said, he wished to take proposed should be made in the committee this opportunity of stating a few circum. and not upon the second reading of the stances connected with a petition which bill. In the committee, the House could had been presented from an individual dispose of the question of delaying the upon a previous evening. The name of

the individual to whom he alluded was Richard Lee. In his petition, speaking of an unfortunate man named Riley, who had died by his own hand in prison, he said, that to make the cell fit for his reception, he was under the necessity of removing away the clotted blood with his own hands. Upon the subject of this petition, he had received a letter which he would take the liberty of reading to the House. It was from Mr. Staveley, the keeper of York gaol. It would be recollected, that Lee's petition set out by stating that he was innocent of all the charges brought against him. The person whose letter he held in his hand, said, that he was truly sorry to find that he had been deceived in the character of Lee; that he had written to lord Sidmouth, praising him for his good and regular conduct, and stating that he felt sincere contrition for the guilt he had incurred; but that he now seemed disposed to fall back into his former evil practices. On the day he was discharged from prison, he came up, and in the presence of the rev. Mr. Dealtry, a magistrate, expressed himself satisfied with the treatment he had received while in confinement. His warrant was dated on the 22d of July, and he was in prison until December. He never had more than a single iron put upon him of 5 lb., being weighed in the presence of Mr. Dealtry. It was the custom of the place, for the better security of prisoners, to fix such an iron upon them. He had 10 lb. of bread a week, together with 6d. to purchase potatoes, besides which Lee and Riley were allowed 7s. a week each by lord Sidmouth. Such were some of the statements in the letter which he had received. Thy were in complete contradiction to the allegations of Lee's petition. The only part of it which appeared to be true was his being associated for some time with a felon who was afterwards executed. At first he was placed in the same room with other prisoners, but the letter went on to state, that he was afterwards removed into the same cell with Riley and Wm. King, who was charged with the murder of his wife; that King was sent there by the directions of the clergyman, that he might have an opportunity of hearing good books read. He was removed on the 25th of July, so that they were not more than five days

*For a copy of Richard Lee's petition, see p. 590.

together, and were only placed in the same room because it was more commedious. This statement seemed, if true, sufficient to do away that part of the pettion which referred to his being associated with a felon. Riley was stated to have put an end to his own life in a fit of derangement, arising from close confinement. This language was, no doubt, thrown out with a view of inducing the public to believe that the rigour of his imprisonment was the occasion of his com mitting suicide. The letter, however, stated, that Riley was first confined at Huddersfield, where he attempted to put an end to his life by hanging himself. This showed that the disposition to suicide prevailed previous to confinement at York. From an affidavit sworn before the rev. Mr. Reid, by a person named Richard Carlton, who was confined at the same time with Lee and Riley, it appeared that previous to the suicide committed by the latter, they lived three weeks together; that when Lee found what had happened, he called out to one of the watchmen of the prison, and a surgeon was immediately sent for; that Lee asked deponent to clean up the blood before the coroner should come, saying, that he would recompense him for his trouble; that deponent according cleaned up the blood him. self, without any help from Lee, who was not required, and did not assist in it. Such were the facts conveyed to him in a letter from the keeper of the York gaol. He thought it his duty to lay them before the House, without meaning at all to throw any blame upon the hon. member who had presented Lee's petition to the House. The writer he knew to be a most respect. able man in his situation, and for the space of twenty-six years, during which he had filled it, this was the first charge of severity that he ever knew to have been brought against him.

Sir Francis Burdett observed, that he did not intend to enter into a detailed discussion at present on the Indemnity bill, particularly as it was his intention to deliver his opinion on it after it came out of the committee, on the third reading. He was anxious to offer an observation on the statement just made by the noble lord. He did not mean to imply, that the person of whom the noble lord spoke did not deserve the character, at the same time that he could not help adverting to the singular kind of phraseology with which he introduced the office of a gaoler; as if;

« ZurückWeiter »