Star. — London, England, 1811-07-19 00:00:00

/_ . that if he did not answer to the interrogatories, he be made, as it was contrary to the expresi provisions must be committed for contempt. Thelsloide Lord of en Act of Parliament. But with respect to the told the Judge that it was contrary to the laws to Noble Lord's case, it was again, he must repeat it, commit him, little thinking (as he had been since in. one of the most frivolous cases ever brought before formed by his Counsel, Sir A. Pigot, Mr. Leach, Parliament.—(Hear, hear.) Mr. Holroyd,) that the laws afforded him no reme- The Gallery was then cleared for a division, but dy, they not extending to the Island of Malta. In the motion was rejected without the House dividing. this state of things lie entered a protest against the THE EISGA RD. proceedings of the Court (which protest he read),— Mr. ROSE piesented a letter from Messrs. Cooke was again remanded to prison, not for any offence and Hallord, of the date of the 22d February, lbl I, proved against him, for he could establish by the affi• referred to, in his statement the preceding day, re davits of Captains Rowley and Maxwell of the Navy I s p ee e ng the proceedings in the case of the Fisgard. who were in Court, that the Judge admitted that there Some conversation ensued between Lord Cochrane, did not exist any proof of the Noble Lord's having Sir F. Burdett, the Chancellor of the Exchequer, &c. taken down the table of fees. The Noble Lord here upon it; the Noble Lord complaining, that the letter stated that he applied for redress in Malta to the Ci- C row produced, proved nothing satisfactory, and that vil Commissoners, to the President, and to the Go- it was not the letter he alluded to, but the answer to vernor ; but their opinions were that they could note one dated the 29th January. interfere with the judicial authority. The Noble Lord Mr. ROSE expressed his readiness to give the stated that he continued a prisoner during another whole of the correspondence on the subject ; and then sitting day. When finding he should not be called the letter was laid on the table. into Court, and expecting that it was intended to de- Lord Cochrane was about to move for all the Pa taia him there until the packet had sailed for Eng- pers on the subject, but Rot being prepared with his land, he, after six days confinement, made his escape motion, and keeping the House waiting for some out of prison. A Proclamation was then issued, which time, Mr. Calcrai t suggested the propriety of being he considered not only a gross insult to this House, prepared, and thought the House ought to require a but also to England. The Proclamation was headed notice of the Motion. In this the Speaker acquiesced, with, " Escape of Lord Cochrane ; to which was and called upon Mr. Brougham to proceed with his added, fifty abuses to his name, as it he had been a Motion. thief, offering for his apprehension a reward of 2000 PUNISHMENTS IN THE NAVY. :en& (about £2OO sterling.) This proclamation was Mr. BROUGHAM rose to make the Motion of posted all over the Island. The Noble Lord made which he had given notice, for the prodUction of the a variety of observations, and observed, that before minutes of the Court-Martial on Lieutenant Richards, he put his motion, he wished to know from the Chair, of his Majesty's ship Dart. He said, that about two whether the treatment he had experienced WAS not a years ago, this vessel, lying in Carlisle-bay , Berba . breach of the Privileges of the House. He would does, a seaman, as a punishment 'for some offence, trouble the Right Honourable Gentleman to tell him was ordered into confinement, to which he objected, whether the Privileges extended to the Colonies, or and in the course of it behaved so very indecorously, Plantations, or Islands abroad ? and made so much noise as to disturb one of the Ot- The SPEAKER—" Ido not know whether the ficers of the ship, who afterwards for this offence or- House expects me to reply to the questions which the dered another punishment, which he was sorry to Noble Lord has put to me, perfectly new as one appears understand prevails in the Navy, viz. that of gagging. in specie ; but, as far as my information goes, I will This was done by putting a piece of wood into the give it, if the House thinks fit that I should do so—. mouth of the person, which prevents them from HOUSE OF COMMONS. Wear, hear.) With respect to the privileges of tne speaking, and in many cases, as it did in the present , HIS MAJESTY'S HEALTH. • ouse, I know of no means of enforcing its privi- brings on suffocation. In this instance a large piece • I.nrd JOHN THYNNE appeared at the Bar, and stated, that loges, but in the usual way, from time immemorial, o f • the Add e rs of the House had been presented to his Royal High- iron was put into the seaman's mouth, and fasten the the rince Regent, praying him to direct that the Report of by its own officers ; and I never knew one instance of ed behind the head with a bandage, to prevent its •he lshririans on the state of his Majesty's health should be laid any officer having been sent across the seas at the in- being in arty degree removeeble. Ile officer soon before'thern, and that his Royal Highness had been graciously stance of any Member, on a complaint of insult of. after ordering this punishment went on shore, and on 14e2sed toe, mply with the same. fered to him personally—( Hear, hear.) So much for Mr. Seer. tary RYI)ER presented a Copy of the Communica- his return he found the man was dead. Early on the the question of privilege. In the next place, I never tion mad- by his Majesty's Council to the Lord President of the next morning the body, as he was informed, was, Privy Cruncil, respecting the state of his Majesty's Health.— knew an instance in which any Member of Parliament, • without any Coroner's inquest, ordered to be buried Ordered to be printed. properly before a Court of Justice, was at liberty to on shore. The officer was not put under arrest tot MILITIA INTERCHANGE AMENDMENT RILL. treat with impunity the proceedings of that Court, or this ; but he mentioned that, as a circumstance to his The Militia loterchatle Amendment Bill went 4:trough a to s'ay that what was done in respect to himself was Committee, and was read a third time, and passed. done in contempt, or that could authorise him to say credit , that he did not attempt to escape. Whether the On the motion of Lord COCHRANE , a Copy was or dered t o ship was at such a distance from the shore as not to be laid before the House of the Answer of Messrs. C ooke and that the p rivile g es of Parliament were infringed in his b e w i t hin the body of the county he could not say ; Idalford, to the letter of the Treasurer of the Navy, respecting person for such conduct." if she was so near the shore as to admit that inference, the charge of A'62. 175. 9d. &c. Mr. Rose seconding the motion, The Noble Lord then stated, that it had at first and engaging to lay the document on the table to•morrow. . he ought to have been tried for murder by the Civil been his intention to move an Address to the Prince CIRCULATING MEDIUM BILL. Power. As it was, however, he had been tried by Regent to recall Dr. Sewell, but upon consultation Mr. CUSHING FON brought up the Report of the Circe- a Court-martial, whether for murder or fur any other lacing Medium Bill. The amendments were agreed to. with the First Lord of the Admiralty, that Right crime he could not tell ; but it the minutes of the Lout A. HAMILTON proposed his clause for limiting the Hon. Gentleman had suggested that it would be bet- Court-martial were laid on the table, the House issues of the Bank to the amount existing at the period of passing ter to examine the documents respecting the person would be able to ascertain the fact. Nothing but the the Act. accused. He then moved, After a few observations by Mr. A. BARING, the claim was very advanced state of the Session could have pre negatived without a division . —The Bill was thea ordered to b e " That a Committee be appointed to examine, under the 45th vented him from Moving for a Committee to inquire read a third time to.morrow of the King, into the conduct of the Judge, the Register, and • into the punishments inflicted in the Navy, and he THE SAINTS. the Marshal of the Court of Admiralty at Malta, &c. respecting Mr. WILBERFORCE moved for the Copy of the Sentence certain p roceedings against Lerd Cochrane." wished this to be taken as a notice of his intention to proceed in that way next Session. The House had of Condemnation pronounced on the s th of Decem b e r, ISM, in Mr. PETER MOORE seconded the motion , n o t the High Court of Admiralty, upon certain property, belongingbut thinking, that from any knowledge of its merits, td Negroes, on the Island called ~ The Saints," in the West In- if the matter of charge was not inquired into, it would flogging in the army ; and it the information he had sties, with the Copy of the Schedules of the Sales, &c. annexed thereto.—Ordered. reflect upon the House—(Hear, hear.) received were true, it would be equally necessary to ARREST OF LORD COCHRANE AT MALTA. Mr. STEPHEN (amiskt a general cry of question, turn its attention to the flogging in the other branch Lord COCHRANE rose to Meese for the produc- question), conceived that it was expected he should of the 'service—the navy. He would not for obvious reasons at this time mention names, but about two' tion of certain Papers relating to the conduct of se . offer a few observations u p on the subject. He could ears ago, a certain Captain in the Navy had raised veral Officers in the Admiralty Court, in the Island not avoid applauding the benevolent motive of the Y so great a discontent amongst the crew of his ship, of Malta. The Noble Lord entered into a long state- Hon. Gentleman who seconded the poor outcast of from his frequent and unmerciful floggings, ireit a I rnent of the proceedings in the Court pending some the Noble Lord—( Hear, hear.) With respect to the causes which he had there instituted, and which in- conduct of the Learned Judge alluded to, he was sa- man on board, who detested the punishment, and had I duced him to go over to that Island. He stated that , tisfied it was the opinion of the House that he had' once been flogged, was heard to say, if he was ever certain overcharges had been made in his Proctor's I done nothing amiss—that the dignity of his o ffi ce re- sentenced to be flogged again, he would leap over- Bill, which Procter, also, against the enactments of i quired that he should exert his authority after the die board. The Captain heard this, and orderesrhim to the. Act relating to the administration of the govern- Irect insult that the Noble - Lord had offered to the be hogged ; oil which he actually !eaped overboard, went of that Island, exercised the o ffi ce of Marshal Court.— ( Hear, hear.) The charge against the Noble, when, on a muernur being heard through the ship of in conjunction with that of Proctor, and in the latter Lord was for taking down the public documents of i 64 lower a boat," the Captain said (he, Mr. B. spoke capacity, charged him with sums as•paid for the ad- the Court, a charge which he had not denied, nay with doubt, end only according to information given vice and instruction received from the Marshal.— indeed, the Noble Lord had exhibited what he termed ' him) " if the gentleman prefer that ship to mine, Wishing to get redrees for these overcharges, he ap- a fac simile of the table of fees, and so closely imitated (meaning the sea) let him take it." N i boat was plied to the Judge of the Admiralty Court (Dr. that every impression of the wafers—the document therefore lowered, and the man was drowned. In the Sewell), against whom he complained, to get his itself, and its smoke dried appearance, seemed to pro- , course of a short time two other men leaped over- Proctor's bill taxed, but the Judge, in answer to his claim its originality—( Hear, hear.) The conduct of board to escape flogging ; cue of them was, by great letter, referred his Lordship to the Proctor, as it was the Noble Lord, when required to answer for this con - i exertions, saved ; the other was lost to the service, not the practice of the Admiralty Court, se Malta, tempt, was not merely that he refused to obey the mo- and to the world. On an examination into this affair no more than of the Judges of the Court of King's nition, but that he pulled out a pistol, and threaten. afterwards, he understood, that two persons, who Bench in England, to enter into a private correspon- ed to shoot any man who attempted to execute it up-' were actually at the time 250 miles distant from each dence with suitors of the Court. He then applied to on him.—(Hear, hear.) —Chapman, the Officer, there- I other, gave exactly the same evidence respecting the , the Proctor, who in reply stated, that it was not fore (and the fact was confirmed by two witnesses), declarations of the Captain on these occasions, which usual to tax a bill after it was past. Finding he thought it not prudent to execute a warrant at the induced him to take tip theAuestion, as highly de could get no redress, he applied to the Admiralty point of a pistol, and therefore had not the courage serving inquiry and investigation. One person, of the Board, and by that Board was referred to the Crown to act. The Noble Lord had stated that he refused name of Foote, whom he did not hesitate to mention, Lawyers for their opinion, whether any action would to answer interrogatories, and that he made a pro- because it could do no harm, had kept an account of lie against Dr. Sewell for the subsequent proceed- test against the proceedings of the Court. It was stoppages made against him ; for doing which his ingsss in causing him to he ar re s ted on s uspicion of not regular for the Court to receive protests arraign- Carzain invented a most cruel punishment, which he carrying away a table r f fe.s which ought to have ing its proceedings, and on the inquiry the Court did had never before heard of. He caused the seaman's been suspended in the public Court. In respect of not think there was sufficient grounds for discharging fingers to be tied as tight together as possible with a this supposed crime, the Noble Lord stated, that the the Noble Lord from his arrest. If, however, he was small cord, and then, that it might not be loosened Judge allud el to (Dr. Sewell) permitted a monition aggrieved, there was a channel through which he even for the shortest time, he sealed the knot with to be entered en the Records of the Court by the might have had redress, without coming to the House, his own seal. This was a degree of extreme cruelty, Deputy-Registrar (who treats his friends with Bur. iby appearing before the Privy Council, and stating which at first inclined him to believe the account WAS g in iy arid Champaigne), addressed to the Deputy.] his charges agitini4 Dr. Sewell, who would, if prove d,• false—however, he was assured of the contrary, by punish- Marshal, one Chapman, citing hint to appear to an- Ibe removed. But should there not have existed, in his informant. After suffering this terrible Swer to the complaint. Not chusing to comply with i the Executive Government a disposition to redress ment for five or six weeks, he received, by order of the demand, a warrant was then issued for his appre. the Noble Lord's grievances, then it would have been the Ceptain, fize dozen lashes. Such information pension. Oa this warrant being shewn to the Noble I open for him to the House. But to come at the end having been given him through respectable channels, 'Lord, he, knowing Chapman was not legally autho- of the Session WAS not very regular. Dr. Sewell was and offered to be proved by persons near this Heusee rised to execute it, refused to pay obedience, inform- a person of correct conduct, and unlikely to act with lie thought it his duty to bring it forward. One of ing Chapman that he would not be seized upon by injustice to any individual . 1 these Captains, he was informed, had been actually any uneuthorised person. A second warrant was Lord COCH RANE replied, and repeated his for- . engaged in the Slave-trade. With rect to these then issued ; Chapman then silent to the Judge and suer statements. , Officers, it was for the House to say spe csw hould be resigned, as it was called, refusing to act ; a person Mr. YORKE agreed with his Hon. Friend in ob- ' done—they were now abroad, and it might be at named James Houghton Stevens, was appointed in jeeting to the motion on three grounds : first, be- tended with some confusion and inconvenience to the hie stead . The Noble Lord was ar re sted a nd t a ken cause the case was one of the most frivolous ones he service, to order deem home. In the case at Berba. 'to the gaol of Malta. Not chusing to walk, he was had ever met with.—(Hear, hear.) —Secondly, be- does, however, a Court-martial had been held, and carried thither, and conducted, as he stated, to a cell cause the Noble Lord, if he had just cause for corn- the o ffi cer acquitted. With respect to military flog with an iron door on the outside : the window of the plaint, should have made it at the Admirelty, an d ging, he understood an order had lately been issued door of the room broken, the furniture of the room' that Board would have investigated the complaint ; against it, by the illustrious personage. who is now • consisting of a vile close :tool, no bed, and a broken and thirdly, because the complaint, instead of being the Commander-in Chief, which did the greatest ho chair. In this room he remained some time ; but made by the Noble Lord, was, by his own sliming, nour to his head and heart, and to which he was the Keeper being informed he would be liable to I a complaint against himself. He had this to state happy in an opportunity of speaking in terms of the . prosecution, the Noble Lord was then shifted to his to the Noble Lord, that if he had not been an officer . warmest praise. He would not further detain the (the Keeper's) room, where he remained three dam on It:di-pay, he would have heard from the Board of I House, than to move, and was then conducted before the Judge, who put Admiralty in a different way.— (Hear, hear.)—With , oft " 'fl at there be laid before the House, a Copy of the Minutes interrogetives to him, which he refused to answer.— respect to the Marshal exercising the office of Proctor i he Court-manial, held in Carlisle-bay, Barba4oes, Go Lleute- No accuser appearing, lie was informed by the Judge, in conjunction, he would recommend an inquiry to putt Richards, of his Majesty's ship Dart." ' COLLIERIES FOR SALE. TRPETH, Kihblesworth, Harraton, and l e eefield COLLIERIES, in the County of Durham, with Waggon ways both to the Rivera Tyne and Wear, and South Heaton Col liery, in the County of Northumberland. WILL BE SOLD BY AUCTION, In the Month of August next, by Order of the Assignees of Was. HAARDION and Co. and Printed Particulars are preparing. It is sworn by the Bankrupts that the Colliery Works, Wag gqn-vrays, and Stock thereon, have cost upwards of £IOO,COO ! I be Collieries may be viewed by leave of Martin Morrison, Esq. Newcastle 'Fyne, and general information upon the subject may be received from him; from Mr. Bainbridge, Solicitor, New castle Tyne ; or the Assignees of Harrison and Co. at their Counting-house, No. 19, Fenchurch-street ; or Mr. Walton, Solicitor, Basinghall-street, or SEYMOUR and MONTRIOU, Solicitors, Margaret -street, Careatlisb-square. PARLIAMEATifRr PROCEEDINGS. HOUSE OF LQRDS, lULY IL Counsel were fully beard respecting the Scots Appeal Cause I.ieutenant-Colonel Alexander M'Donald v. Captain George Elder, viz. Sir Samuel Rnmilly for the Appellants, Messrs. Grant and Brougham, M P. for the Respondents, and afterwards the Learned Knight In reply. The further proceedings upon the case were, an the motion cf the Lord Chancellor, adjourned till to morrow. The consideration of judgment in the Irish Appeal Cause, fob byn e. the Attorney-General, being ordered, the Lord Chan cellor. after a very few observations, moved that the Decree of the Ir. sh Chancery be affirmed, which was ordered accordingly. In the Writ of Error Cause, Hill v. Meeson, the judgment of the Court below was affirmed, with 1351. costs. Mr. Smith, from the Directors of Greenwich Hospital, pre sented an Account of Prize Monies paid s:nce the Ist of January, 3 609, and some other Accounts, pursualit to a recent order of their Lordships. % The Earl of LAUDERDALE moved for the production of an Account of the outstanding Notes of the Bank of England within a certain period, distinguishing such as were above and below the sum of .51. which was ordered accordingly. • In the appeal case of the Hon. Charles Fleming sp. George • Harley Drummond, Esq. the Lord Chancellor intimated that he would give judgement on to-morrow; and also in the ease of Stewart Menzies, of Culdares, an infant, by the Hon. Henry Erskine, and others, appellants; and Elizabeth Mackenzie Beres f'lrd (formerly Menzies), the wife of John Claudius Beresford, Esq. of the City of Dublin.—Adjourned till to-morrow. Mr. YORKE said be could not help regretting . that the Hon. Gentleman had referred to those mo o malous cases which he mentioned after the first. Ile thought it was his duty, after having received such information as he had described, to have given imme diate intelligence of it to the Admiralty, in order that those officers should be called to an account for their conduct ; and he thought that he (Mr. Yorke) was bound in duty to call on the Hon. Gentleman, jf he had possession of this information, to lay it before the Admiralty. He was very sorry the Hon. Gentle man had thrown out this, without having so done; for surely those officers, if they had taus offended, should, as they deserved, be called to the severest account by dust 13onrd, which had it in their power to punish them effectually without troubling Parlia ment. He had no objection to the production of the minutes of this Court-Martial, but he must beg the attention of the House to a few observations which he deemed it his duty to make on the occasion. He de nied that gagging was (as the Honourable Gentle man had been informed) a common.punishment in the navy, but, if used, the officers sn using it would be liable to be tried by a Court-Martial;. That it might have existed in particular cases, he could not deny ; but it must be recollected, that on board ship, there are so'many to begoverned by so few, and attach distance frequently from any land, that punishments must someti roesberesorted to which 4 re not conforrn.it le to the laws of society in general. The fact was, that this was an instance of great cruelty ; but the o ffi cer i who inflicted received for it the utmost puaislunent the law would allow, lie was tried for his Ife, but acquitted by the Court-Martial of the murder, Le cause it was thought he had no actual malice against I the man ; and farther, that the man did not die in iconsequence of the punishment alone. He was, how ever, held in such abhorrence for the cruelty, that he v. as dismissed the service, and rendered incapable of ever LeL ving his Majesty again. The seaman who died was a very turbulent, noisy fellow, very apt to get intoxicated ; and he was so much so when he was first confined, that h- made the most unwarrantable n&se,and blasphemed so loudly, and in such a shock. ing manner, as to require some farther pueisairent than confinement, by way of example. He was warn ed, that it he was not quiet, he would be gaped, but he would not listen to any thing. After the first gag was taken out of his mouth, he still persisted in m .k. ing a noise ; and then the officer, very impreperly in. deed, put a larger gag into his mouth, and w nt .11. shore without ordering a proper sentry over him.— The man certainly died, but he was much inti,xicat-d : at and before the time. As to the Coroner's Imp est.. an order was given that the body should be taken i a ' shore, and it was actually put on board a boat for the purpose ; but it was in such a state of putrefaction, that after some time the seamen in the boat were compelled, in their own dofence, to throw it into the sea. The officer had already been tried by a Court- Martial ; and, though acqiiitted of the murder, was dismissed, and rendered incapable of ever serving again. He thought the House would not be willing to try him again, but he had no objection to the pro duction of the minutes moved for. Sir R. BICKERTON said, he had been two-and twenty years in the navy, and he never heard of the punishment of gagging in any ship he had.been in. Lord WALPOLE said a few words t the case, nearly similar to what Mr. Yorke had stated. Mr. BROUGHAM explained. Lord COCHRANE said, that in many cases there was undoubtedly too much severity ; but in a general view of the subject, he believed there was as much humanity in the treatment of sailors as could reason ably be expected. If men enough could.be induc:.i to enter voluntarily into the navy, he believed that there would be no occasion for such severe punish ments ; but when convicts, and persons unfit for any society on shore, were sent on board ship as sailors, severe and summary punishments were necessary.— He allowed that gagging was rather a cruel punish ment, but if a notorious drunken scoundrel would sell his things to buy other men's allowance of grog, and disturbed, by his noise, that part of the crew which ought to be allowed to sleep, he thought it humanity to the crew that such a fellow should be gigged. He had known a vessel in which the crew were under very good discipline, and where there were no other punishments but such as were considered disgratetal; but he knew that according to the general course of things, and considering the variety of persons assem bled on board ship, it was impossible to preserve dis cipline without summary and pretty severe punish ments. As to the army, although he must speak with more diffidence, he believed severe punishments might be dispensed with, when the soldier was within the jurisdiction of the laws of England ; but upon foreign service, he was sure that it was absolutely ne cessary that the officers should have power of inflicting severe punishments, if necessary. He considered, that finding out a way for the navy to be manned by vo lunteers would be the only effectual remedy. Sir FRANCIS BURDETT though t it extraordi nary that there should lie any objection to granting the minutes of this Court Martial, w hich was the only evidence upon which the House would be able to de termine. He thought his Honourable Friend (Mr. Brougham) had exercised a proper discretion in not mentioning the names of those who had given him the information in the anonymous cases which he had stated. Complaints of abuses were always so unpa latable to men in power, that he could not be suffi ciently assured, that giving up their names would not expose them to some resentment from those persons who had the power either to serve or to injure them in their profession. The simple question was, whether the minutes of this Court Martial should or should not be granted, and he had heard no sort of reason for withholding them. He lead felt so strongly on , this question of military punishments, that he nardly conceived himself to be quite impertial on the subject, and thought he might be inclined to look on those cases, in general, with a great degree of suspicion.— It was, however, evidently fair that the judgment of the House should be formed on the whole evidence, and not merely on those parts which the Gentlemen on the other side chose to select. By the common law of this country this case would probably be con sidered a tout murder. He did not know whether an acquittal by the Court Martial protected the person from being tried again at comm. n law. The ATTO NEY.GENL RA L lamented that his Hon. and Learned l'rieLid had not tiwught pro per, in the tirst instance, to submit the cases which I he had adduced to the consideration of the Admi-