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as he had often done on other occasions, | to produce a false impression on the public mind, as to the late transactions in the court below. He would throw no imputation upon the fairness and justness of the decision; but were the proceedings to be called bungling, because the prisoners were acquitted? He lamented that the trials had lasted so long, but that arose from the nature of the charge extending over so many matters of evidence, and was more for the benefit of the prisoners than from any other consideration. It was not against the excellent and revered administration of justice that the hon. and learned gentleman spoke, but to impute blame to his majesty's ministers; it was one of those unfair attacks of the hon. and learned gentleman which he trusted would produce as little impression abroad as he had reason to believe it had produced in that House.

Lord A. Hamilton said, no one had denied that abuses might take place as to prisoners committed by the secretary of state's warrant. What then was his remedy, when such abuses were committed? The prisoner was deprived of his remedy by Habeas Corpus-by the act which was passed. If this power on the part of the magistrates was taken away, what possible remedy could he have? He might be transferred from gaol to gaol round the kingdom. It was said no abuse had been alleged. How could any abuse be alleged, if no communication with the prisoner were allowed? He hoped, if the motion were rejected, it would at least operate as a warning to the House against consenting to pass a measure which gave rise to such practices on the part of the secretary

of state.

Mr. Wynn said, that he came down to the House without having made up his mind on the question, and wished to know what the learned gentlemen on the other side had to say on the subject. It was now his decided conviction, that the explicit words of the act could not be set aside by the alleged prerogative. He could conceive cases where vigilance should be used in admitting persons to visit prisoners; but that was not the question. If this act conferred any right, he could not see how it could be taken away but by another act. Here, where an imperious duty was cast upon magistrates, he could not see how the secretary of state could dispense with that duty, far less prohibit it. The noble lord had referred the

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List of the Minority.

Abercrombie, hon. J.
Althorp, viscount
Atherley, A.
Aubrey, sir John
Burroughs, sir W.
Baillie, J. E.
Brougham, H.
Burdett, sir F.
Byng, G.
Campbell, hon. J.
Carter, John
Caulfield, hon. H.
Cochrane, lord
Coke, T. W.
Curwen, J. C.
Duncannon, visc.
Finlay, K.
Fazakerley, N.
Fergusson, sir R.
Gordon, Robt.
Guise, sir Wm.
Hamilton, lord A.
Heron, sir R.
Howorth, H.
Hughes, W. L.
Latouche, R.
Leader, W.
Macdonald, J.
Mackintosh, sir J.
Madocks, W. A.
Martin, J.
Mathew, hon. gen.
Milton, Visc.
Monck, sir C.

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BOROUGH OF HASLEMERE-PETITION OF JAMES GREENAWAY.] Sir Francis Burdett offered to present a petition from James Greenaway, the same voter for the borough of Haslemere, whose former petition had been rejected. It was framed in a different manner, and prayed no consideration of his particular case, but a revision of the law, in order to prevent fraudulent practices.

Mr. Bankes objected to the motion for bringing up the petition, on the ground that the individual acknowledged himself guilty of perjury. It also appeared that the matter was before a court of law, and

it would be improper to bring it before the House.

Sir F. Burdett said, that the petition appeared to contravene no rule; nor did the petitioner state, that he had committed perjury. He stated, that a fraudulent conveyance had been made to him of property, to enable him to vote; and after he had voted, an attempt was made to take that freehold from him. He considered, that if he acquiesced in that demand, he should have been guilty of perjury. Legal proceedings had been commenced against him. Some persons might contend, that this was a breach of trust on the part of the individual. But this man asked for no interference as to the courts below, but humbly prayed, that the House would take the matter into consideration, to prevent the fraudulent exercise of the elective franchise, whereby ignorant persons like himself might be involved in ruin, or in the crime of perjury.

Lord Cochrane considered all those perjuries at elections, and in courts of law, as emanating from the corruption of that House. There was scarcely a contested election where those who made oath that they neither received nor expected any reward for their votes, did not know at the very time the wages of their iniquity. Unless the House wished the country to be totally demoralized, they were bound to inquire into the present complaint. He would soon bring forward specific instances of this evil, and should not have so long delayed the motion of which he had given notice, but for urgent private business. Mr. Long said, he was authorized by his noble friend who was mentioned in the petition to deny that any persecution or legal measures had been promoted by him, against the petitioner. With respect to the petition, he saw no reason for its being received by the House. The petitioner stated, that he was of a very tender conscience, and could not give up the conveyance of the property which he had sworn to be his own. But, if he mistook not, this man had not long since written to him, asking him for a sum of money, and expressing his willingness, notwithstanding the tenderness of his conscience, to give up the conveyance if he received the money. He alluded to the facility with which the hon. baronet received accusations against every person in office, and stated an illustration of it, that he had frequently received letters in his office from persons complaining of grievances, (VOL. XXXVI.)

and threatening, if it was not remedied by return of post, to put the complaint in the hands of sir Francis Burdett. It would perhaps, not only relieve the House from some inconveniences, and the hon. baronet from much trouble, if he occasionally inquired as well into the character of the accusers as of the accused. If he had done so in the present instance, the petition would not have been offered to the House.

Mr. R. Ward said, that by a letter in the petitioner's own hand, so far back as February 1813, it appeared, that he had been in possession of his freehold in 1811, 18 months before the election. If that were so, the petitioner must have deceived the hon. baronet. The freehold was vested in him for life, upon paying a quit-rent. He was in arrears for 3 years. The prosecution was, to recover the arrears. With respect to himself, if the forms of the House would allow, he wished for nothing so much as to have an inquiry on the subject, in order to give the lie to the petition.

Mr. W. Smith said, it did not follow, because the noble lord knew nothing of any hardships having been practised towards this man, that none had been committed towards him by some of his agents. The main question on the petition was, whether it did not contain matter which really called for inquiry? Was not the matter, if true, vitally connected with their privileges? He should certainly vote for receiving the petition.

Mr. Brand said, that if Mr. Ward's statement was correct, the petition, stating a contrary fact, ought to be inquired into for that very reason. If, however, this freehold was in the petitioner's possession 18 months before the election, it was the only freehold of that kind, as he had occasion to know when that subject was before the committee, of which he was a member.

Mr. Ward rose to order.

Mr. Brand contended, he was perfectly in order, for this reason, that the hon. gentleman had asserted that the freehold had existed for a certain period; he, on the other hand, wished to state a fact that militated against that assertion, in order to show the necessity of inquiry. If therefore he was in order, he would proceed to state why be

Mr. Long maintained, that if it was the practice to state such facts, it was a most inconvenient practice, (3 X)

Mr. Brand said, this was a most singular dilemma. The committee were precluded from inquiring into the case, and the House, therefore, will not inquire into it. The committee was precluded by the laws of evidence from inquiring. The House will not inquire because the committee had not inquired. He did not wish to state what had come under his observation, since the gentlemen opposite had shown so much delicacy on that point; but to say that any thing in the petition was unfounded, while inquiry was refused, was more an argument against the noble lord than against the petitioner.

The Speaker said, there was a peculiarity in the petition which he thought it his duty to point out to the House. The prayer was different from the circumstances of complaint. If he went into those circumstances, he should go beyond the line of his duty, and disgust the House; but he conceived it right to say, that one part of the petition set forth a grievance as to an individual, while it concluded with praying the House to guard its own privileges. It was for the House to judge whether the subject was such as they could or ought to receive, or whether the grievance was merely an ejectinent. On the one side, they were not to be misled by the generality of the prayer; nor on the other side to refuse what was fair and just.

Sir F. Burdett said, he could discover no good reason for the rejection of the petition but the reluctance of the House to hear disagreeable truths. If the circumstances of a petition were such as did not meet the wishes of members, a thousand objections were mustered up against it; while, on the contrary, if they were agreeable, the petition was received without any inquiry, and even against the usual forms of the House. He had no knowledge of the petitioner. He was actuated purely by a sense of public duty; and seized the present occasion, not because it was one of rare occurrence, or uncommon delinquency, but because it was one example of the prevalence of a system of seat-dealing, which he thought himself obliged, as a member of parliament, to expose to the House and to the country. His objection to lord Lonsdale's conduct referred to him not as a private individual, but as a borough-monger. He obHe objected to his sending members to that House to vote away the public money while those whose money was thus voted

away had no influence in the election. The noble earl, he understood, had little property in the district, the representation of which he thus disposed of; while his members had an unlimited power of drawing upon the purses of those who were the principal proprietors. He might not even know of the transactions which took place in his name, but it became the House to inquire and to know.-He had been accused of believing, without sufficient proof, the representations of this petitioner; but unhappily, it did not require a man to be very credulous to believe that a peer who had the power of returning a member to parliament would do so. The character of the parties was not to be taken into consideration at all. He would allow the petitioner to be as great a rascal as those who opposed his petition chose to make him; and he would contend that, on the supposition, he strengthened his ground of attack, on the system which this person was employed to carry into execution. It would appear, that he at least enjoyed the confidence of the noble earl when he received his vote; the worse therefore the agent, the worse the transaction in which he was engaged, indeed, all the branches and transactions of the borough-mongering system were equally bad; there was no conscience, no principle, no justice, truth, or right, to be found in any part of it; and this was only a fair sample of the whole of which he might say "ex uno disce omnes."

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would fairly and dispassionately consider of spies avowed and justified by his majesty's the case. The committee of secrecy, ministers. If this were to be the system, acting in the nature of a grand jury, had, the noble secretary of state had better go from whatever evidence was laid before over to Paris and take lessons from M. de them, drawn a bill of indictment against Cazes, or some other celebrated superithe whole people of England, and it was intendent of police. Such a system of for their lordships (though unfortunately espionage (he used the French word, bewithout evidence) to try the case, and cause, and he rejoiced at it, there was no pronounce a verdict of condemnation or adequate word in the English language to acquittal. He was afraid he could not express the same meaning), was utterly anticipate a verdict of acquittal, but he inconsistent with the free constitution of must say there was no evidence to sup- Britain. No argument had been urged port a verdict of condemnation. Where in favour of this measure (excepting the was the danger? We were now in a pe- ground of humanity stated by a noble riod of profound peace, without any fo- duke) save that of necessity, which had reign enemy to contend with, without any been in all ages the tyrant's plea. Necircumstances existing arising in the cessity had invariably been urged by Buo. slightest degree from external danger; naparté as an excuse for every measure what was there then to fear? Was it of tyranny he had imposed upon the peofrom a few discontented individuals driven ple. The same argument had been used to despair by privation and distress; was for the same purpose by the government it for this, that the liberties of the whole that preceded him, the Directory, and in people of England were to be suspended? the same way by the power immediately It was true he was not without fears, but preceding that by the tyrant Robespierre, he feared the power of the Crown, and when it was urged at the bar of the connot the liberty of the people; and the vention, that the law ought to be susmore particularly, because of late years pended in order to save the country. measures for increasing the power of the With regard to one part of the report of Crown had been agreed to without hesi- the committee, that respecting blasphetation, whilst those which tended to in- mous publications, there was no greater crease the privileges of the people had enemy than himself to such kind of pubuniformly met with rejection. In looking lications, but he must remind the noble to that passage of the report of the com- secretary of state, that at all periods of mittee of secrecy, respecting spies and in- political agitation, there had been parodies formers, he could not but express his circulated of parts of the church service astonishment that the committee should which, though they could not be defended, have given so much credit to statements yet proved that this offence was not now thus supported. When he had the committed for the first time, and, therehonour of filling the office of chief go- fore, that they ought not to be designated vernor of Ireland, the office of the chief in the terms in which they were. One cirsecretary was beset by spies and informers, cumstance connected with one of these who would have persuaded him that Ire-productions he felt it his duty to state, it land was almost in a state of rebellion; and had he listened to these tales he might have adopted measures which would have deluged half Ireland with blood. But by pursuing a conduct firm, moderate, and temperate, he put down the tendency to outrage, which had displayed itself, and delivered over Ireland to his successor in the government in a perfect state of tranquillity. By listening to spies and informers, the government here would be led on to measures totally destructive of the liberties of the people. It was utterly impossible that the constitution could stand, if the government were to be carried on upon such a system, and it was with the deepest regret and the greatest alarm, that he had heard the employment

was a parody upon the creed, which had been sent from Norwich to the secretary of state's office. It was written 24 years ago by a person then a jacobin and a leveller, but who had since become a supporter of the government, and who had this parody, written formerly by himself, reprinted at an obscure ministerial bookseller's at Norwich, and then sent it to the secretary of state's office, as a proof of the seditious and blasphemous spirit that prevailed at Norwich. This statement he had from an authority which he believed could not be questioned. Upon the whole view of the question, though yielding to no man in loyalty to his sovereign, or respect for the constitution, he did not think that any ground was laid for

the present measure, and therefore he felt when it was considered that the secretary

it his duty to vote against the bill.

The Earl of Westmoreland said, it was admitted on all hands that there might be circumstances under which it would be proper to resort to this measure; and some of the noble lords opposite who had spoken against the bill, must allow that there had been times when the measure was necessary. Then, the short question was, is this a proper time for the suspension? It had been objected to this proceeding, that the act would be in existence at a time when parliament would be prorogued, or perhaps dissolved: but it appeared to him only the more necessary, that the power should exist at that period, because, in case a particular emergency should arise, government could not immediately apply to parliament for assistance. Then it had been objected that a period of peace was a very improper time for such a measure: but whether the time was a time of war or of peace was not the question. The question was, whether the exigency existed? But he thought that the reason for such a measure might be stronger in time of peace than in time of war, because in time of peace the country was in a great measure disarmed. But the question was, whether the exigency existed? Now, there could be no question that conspiracies and plots against the government had been and were still carried on to an extent sufficient to excite alarm for the public safety in the minds of all, except in the firm and tranquil minds of the noble lords opposite: this was the conclusion come to by two committees of their lordships. It might be asked, why the duration of the suspension had not been at first continued for a longer period? The answer was, that ministers were anxious that these powers should not continue longer than parliament and the country might think them necessary. Then it had been said, that the suspension might be allowed to expire, and that if a particular emergency arose, government migh call the parliament together, and procure a renewal of those powers.

But

if that were done, then it would be objected, that ministers had not thought proper to apply for the renewal in a full parliament, but had suffered the suspension to expire that they might get it renewed by a few of their own friends. The noble duke had asserted that the employ ment of spies was unconstitutional. That was rather an extraordinary assertion,

of state was called upon to swear that part of the secret service money would be employed by him in detecting conspiracies at home. But the fact was, that such agents had always been employed by government, and that it was impossible to detect conspiracies of this nature without them.

The Earl of Donoughmore observed, that the noble earl who had just sat down had said he could answer for the majority of parliament, which, perhaps, he might do; but, as to the people, he was not only convinced the majority of them were not with the ministers in the measures they were now pursuing; but he was satisfied the statement to this effect would excite amongst the people a feeling of indignation, he had almost said though he rather believed it would excite a feeling of a very different kind. It seemed, however, from what had been said by the noble earl, that spies and informers were associated with ministers that they were to be treated with respect; that such men as Castles or Oliver (of whom they had heard something on a former night), or a man who had procured several Irishmen for a rebellion in which he had participated, being himself first a rebel, and then an informer, were all to be treated with respect, and considered as gentlemen. No one could hear what had been said by a noble duke without attaching great importance to what had been said. The noble earl who followed him, had endeavoured to pick holes in that speech, but he had shaken no material part of it. The noble duke had given evidence to them, and most material evidence. He had stated what he himself had done in the government of a country which certainly was not one of the least difficult to govern well, as the noble earl well knew. But certainly the noble earl did not find Ireland in a state so disturbed as it was found by the noble duke, nor did he leave it so quiet as the noble duke left it. The noble duke had stated what he had found the best mode of governing the Irish, and which would also be found the best mode of governing British subjects-conciliation. The cir cumstances under which they were called on to re-enact the law which had given such power to the ministers, were such, that no man who was at all in the habit of addressing the House should give a silent vote. If he had been in the House when

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