Star. — London, England, 1818-03-10 00:00:00

1 1 1 •- • s • ___________,—....................-ese semhled as auxiliaries for treasonable purposes. On poverished, and ahey were obliged to convert their all those occasions it must hike beeh for the cotisi provision grounds into sugar plantations. Their de- deration of the House whether this exigencies of the peoelence for a supply . of provisions was on distant , times had been so& as to justify those particular --. . Crr ''. like. .onsOreatlritain the British Settlement: l llo l s. Now, it was seen that twice durtnithe period it; Canada , and the United States of America, but iha had mentioned, and after the fullest discussion; limited as to all, to be carried in British vessels.— Parliament had thought it necessary for the peace of Ibis has been the case since the close of the Ameri- the country to suspend the Habeas Corpus Act, moil illa War, when restrictions were laid on their inter- to give certain powers to the Secretary of State and course with the United States. Of late years they the Privy Council, for the purpose of helention. If brave-been exposed to greater inconvenience, from the House would recollect the circumelimces which the difficulty of obtaining supplies from this country, had taken place within the last 14 months, they must in consequence of deficient crops. The same deft- be convinced that it was absolutely necessary for ciency has existed is Canada, and the inhabitants of those who were the guardians of the peace of the our settlements there have been obliged to obtain country, to take the steps they had done, and that supplies from the United States. Such was the case they would have been guilty of a gross dereliction of lut year ; and although Sir J. Sherbrooke, in his last their date if they had acted otherwise. They were speech to the Legislative Body, holds out a hope of therefore fully entitled to the Indemnity of Perim there being a surplus produce this year, it by no meet, in order that if any proceedings should be insti means affords a reasonable ground for reliance on a tuted against them in Courts of Law, they might not supply of food to the population of the Leeward be under the necessity of disclosing the testimon:es Islands. The Islands themselves produce little more they had received, and thereby marking out those than sufficient for the maintenance of a tenth part of persons as objects of vengeance, or be put ireithe situ their population. The old Colonies are more unfa- ation of violating the confidence reposed in them—, vourably situated than any of the more recently set- Without such a protection, they voluld be put in the teed Islands, with a worse soil, and exposed to many situation of sacrificing those persons, by making pub other inconveniences in point of climate, to which be their names, who had given information on condi ths latter are not subject. He called the attention of tion that they should not be disclosed. It was impos the House to these circumstances, in the hope that sible not to see that there had been conspiracies for some remedy would be applied, and that they might med for the purpose of overthrowing the Government be put on the same footing with the ceded Colonies. of this Kingdoth in Church and State, as established The Rill was then read a third time.and passed ; by law. Ilan: had been formed by persons taking as was also the Madder Duty Bill. advantages of the distresses of the lower orders ofthe tinontwoOr JILL. people, to get them to assemble tinder the false pre- The ATTORNETOEN'O AL having tweed the tence of petitioning that House for a Reform i n Par- Order of th e Day for the first reading of the Indem- liament, while their real objects, undisguised among nite Bill, began by observing, that on the present oc- themselves, was to effect an entire revolution ; so that 'lesion he trusted it might be thought better, that be- at the very time they were speaking of Reform, they th-e going into any debate upor. it the Bill should be had in view nothing but destructisn to all the admi printed, in order that evety be h f l o e r r e nber might have an red and revered institutions of the country. The opportunity of perusing it the third reading.— transactions that had taken place in February last On considering the events that had taken place in this tear, and the December preceding, manifested the country within the last thirteen or fourteen months, intention of getting together large numbers of people, and the measures which Parliament had found it ne - f or t he p ur po se of raising an in iurrection and revolt. cessary to adopt, as also the proceedings in the House —lt therefore became the absolute duty of the Ma of Lords, he was certain that the more the contents gistracy to interfere, and they performed that 'duty of this Bill were reflected on, the stronger would ap- in a manner highly creditable to themselves, and be pear the justice and necessity of passing it. He neficial to the country. Here he could not help *- wished to call the recollection of the House to pre- serving, that amongst the intentions detailed to the vious proceedings of this nature, not for the purpose Committee of that House which was appointed last of taping, that because in forther times Indemnity year, one scheme of those who were endeavouring &Us had passed, that therefore the present Bill ought to disturb the public peace, was the plan of coming to pass ; but in order to spew the occasions on which to Parliament with Petitions signed by ten persons such Bills had been produced and sanctioned by both each ; but in large bodies of several thousands, every Houses. And he would point out to the recollection tenth person having a petition in his hand. This was of the House, that though in certain circumstances, stated in February, and its truth was established by dine Bills had differed, yet the circumstances which the attempt to carry the daring project into effect at called for the present Bill fell completely within the Manchester, in the following month. Who were the scope of those which justified 'similar Bills on former projectors or instigators of this bold scheme he could ' occasions. It seemed, however, that some miscon- not say; but it was a cool and deliberate plan of ception had prevailed as to the facts which led to the some persons who had studied every head andseetioe passing of the former bills ; for he believed it had of the law against tumultuous assemblies, in order been supposed by sortie Gentlemen, that the year to see if they could not be evaded ; and there was l 1801 was 'the first time that an Indemnity Bill had no man but must he convinced, that instead of these passed subsequently to the Suspension of the Habeas being large assemblies of petitioners, their object was Corpus Act. But it would be found, that in most in- to have a sort of army, every ten men to have a stances in which the Legislature had deemed it ne- leader, and every hundred a centurion, that they cessary to suspend the Habeas Corpus Act—indeed might come to overawe Parliament, nut by petition in all instances, excepting one, an Indemnity Bill ing, but by threats and terror. He would say, there had passed after the Suspension of that Act. There never was a more mischievous, or a more atrociods had also been instances of Indemnity Bills in cases project than this was intended to be, if it had not where there had been no Suspension of the Habeas been circumvented. Poor persons were persuaded to Corpus Act. The fact was, that with respect to both leave their labours, and to march without previsions, classes of Bills, they had been passed at different clothing, or any means of supporting nature, so that times since the Revolution, according as the necessity their very necessities must have led them to violate of the times rendered them indispensible. But the the laws as they proceeded, in order to prevent them same exigency that created the Suspension of the selves from starving. It was therefore the imperative Habeas Corpus Act made it necessary that Bills of duty of the Magistrates to stop them in all the parts Indemnity should be carried, for the protection of the through which they passel, as being unlawfully as guardians of the public tranquillity, as well as for ' sembled, to the danger of the public peace. When ale protection of those who had furnished them with the ewis took place in the year 1780, the reproach information, on the authority of which they had against the guardians of the public peace was, that found it necessary to take the steps that had been re- they had not done their duty, as the situation in which anted to. (Hear.) If Gentlemen would tee the they stood called on diem to stop these outrageous trouble to refer back to the time of the Revolution, proceedings, instead of letting than go on till they they would find, that the persons who were the burst into an explosion. What would they have said greatest supporters of that memerable proceeding, and to the Magistrates of those Counties, if they had the means of preserving the laws and liberties of the found the insurgents of last year at the doors of that people of this country—that these persons, imme- House, or even in the Metropolis, with their Petitions diately after passing the Bill of Rights, found it ne- amongst every ten men? Would ii not have been cessary to pass three several stets for the Suspension said that they had been guilty of a gross dereliction of the Habeas Corpus Act ; and as they expired, of their duty ? The House also would recollect the there were passed Indemnity Bills to protect the per- proceedings that had taken place at Manchester, that uses whehad informed against and apprehended those information of these proceedings had been given guilty of conspiracies against the reigning Monarch. upon u:ith, and that on this information the Govern * a subsequent period anindemnity Bill was passed, ment had acted. The Committee had reported last which was not preceded by a Suspension of the Ha- year on the state of the country, and the Coalmines teas Corpus Act. It was in the year 1714, and the to whom the papers were lately referred had reported Act was the Ist 9f George L cap. 9 9, and it recited , their opinions on i ts p resent state, all founded on the that as several Lords Lieutenants and their officers oaths of persons who had deposed to the circum stan s) had apprehended certain persons , who mig ht have ces that ha d t a k en p lace. Th ose facts must p rove excited riots and disturbances , it was deemed neces - that disturbances had occurred, aid that it wes ab-. sary by Parliament to indemnify them for their con - solutcly necessa r y to proceed to the trials of the most duct in the preservation of the public p eace . I n the ac tive cons p irat o rs at Derb y , b y which ste p the in year 1744, the Act for the Suspension of the Writ of surrection was put Own. As he had spoken of the 1 Habeas Corpus was not Immediately followed up by trials at Derby, he would add, that, it was chary an Indemnity Bill : but in 1746 the Indemnity Act proved, from the testimony of persons whom it was was produced, to protect all persons in the situation impossible to doubt, that this was the branch of a of Magistrates, &c. for their conduct in the preceding large conspiracy which was intended to extend to year ;,and for what they might have done subsequent many parts of the country, and which was only pie to the expiration of that Act. This, however, was not vented from taking full effect by the activity of the thought sufficient • for as that Act only indemnified Magistrates. The trials in question had fully satis them to the 30th Of April, and as the Magistrates had fled him that a deep laid conspiracy bad existed, and been under the necessity of taking up several persons that it would have gone on and led to a universal ex subsequent to that day, another Act was passed, in- plosion. What he meant to say was, that it would dennifying them for all actions done between the 90th have been so far general as to have taken place of April and the 25th of July, 1746. Thus ap In- wherever an assembly of misguided people had been siemnity Bill had in all instances followed the other. collected. With respect to what had been said about F rom that time till the yeas 1792, there was no Sus- Oliver, he would counteract an important impression pension of the Habeas Corpus Act ; but there was an that had been made on the public mind respecting la.:pinky Bill for the circumstances that took place his appearance at Derby during those trials. Oliver k the year 1780; as the Magistrates and others had was not brought them to give his evidence; he was acted on their own responsibility for the security of brought there for a very different purpose. He had the public peace, at a time when it was absolutely no hesitation in saying, that he (the Attorney-General) ass essary for them to interfere, and when it was diffi- had been the man who had caused him to be brought' cis:, if they had been prosecuted, to bring home the down, and he would state for what purpose. There cZeace to the persons they had securbd, so as to justify was a man who had been at Derby, and said he had their apprehension. From that time till the year 1801, seen Oliver amongst the conspirators, and he was to he was not aware of any Bill of this hind having been appear as a witness, and was to have proved that the passed ; but in that year there were two. such Acts, for man he was speaking of was Oliver. Oliver Was in demnifying persons for having apprehended and therefore sent for to Derby, not that be might be deatined individuals suspected of High Treason, and examined as a witness, but as an auxiliary, that those far having been active in suppressing tumults and on their trials miait have an opportunity-of saying riots in Ireland. He merely mentioned thilato th ew whether he was tile man ; but the Jury were per that our predecessors thoughtit necessary to indemnify fad? satisfied that he was not the man. This was pahlic officers for apprehandieg persons who bad as, the reason kr Oliver being at Darby, and it was a 4 at in C w cl ti . • , 53 H Ir I tr tt P' d' ci • ti e. tl ' ( A A a 7 1 good reason; not for the purpote of having any tiring communicated by him, but that he might be confronted with Tiersons.who might have said that he was present at many of those meetings and thus tbe ' base fraud used on that occasion would - hare been detected. He ought to apologize, as this was thel first opportunity he had h'ad of making the statement, and he did it for the purpose, that if any blame was to be attached for having Oliver at Derby, it night rest upon him. Now it had been proved that there had been an intention to bring about a revolu tion. and if there were such an intention, whether this conspiracy existed only amongst the lower or ders, or was secretly instigated by persons of a higher rank in society, was of no importance—it was the duty of Government to prevent it from taking place. .1t could not be denied that means were used to work upon the passions of the misguided people in the most atrocious way, and this was by an attempt to de stroy their religious feelings. He would venture to say, that the, tendency of those blasphemous publi cations that had been so widely chsssminated, was to undermine and destroy all the principles of religion amongst the lower order's, who had hitherto regarded them with reverence and veneration. There must be few persons who could not see that this was one of the objects of' such publications ; and when he heard it asserted that they had not had much circu lation, and that persons who wanted to buy them out of curiosity could not obtain them, he was abso lutely astonished. It was impossible to walk through 'the streets without seeing them at every shop win dow. They were hawked about in the country, and Most industriously circulated—and the per sous were stopped, from the circumstance of their being liable to the penalty under the Hawkers' Act, for having no license; then these infamous productions were given away ; they saying they could not be proms. cuted for giving away what they pleased. Thus no reran who knew what had been lately palsing in this country, could deny that this was a principal means brwhich the people had been corrupted. Then, if the conspiracies had been formed for the purpose of producing insurrection, surely it was necessary for the guardians of the public peace to act as they had done; and it must also be admitted. that they would have been guilty of a gross dereliction of their duty if they had acted otherwise. If then they were warranted in apprehending those persons, they were also warranted in doing other acts. Now when, under the warrants that were issued for apprehending cer tain in lividuals, they also seized their papers, it ap peared to him they did right, for they thus prevented information being conveyed to their coadjutors. Another part of this Act was to indemnify persons for the seizure of arms. If there was no desire to stir up insurrection, then every thing that had been done in this way was wrong ; but if otherwise, he would say that those who searched for arms, were bound to do so for the preservation of the tranquillity of the country. One of the Petitions that had been laid on the table of that House, (he believed it was that from Francis Wird) complained that some persons' entered his House at Nottingham, for the purpose of searching for arms, but none were found. He begged the House to recollect what was proved to have oc curred at the time. It was on the 10th of June, just at the moment that the insurgen ts of Derby werel marching from thence to ttingham, at which te the apprehensions had occurred a day or two rn; yet the search took place when the whole town was in alarm, and when there was a body of men in that town ready to receive those who should arrive from Derby to take possession of that place.— Would it not occur then, that at such a time it was the duty of Magistrates to make a strict search, in order to see whether the suspected persons had arms, at a period when those they were combined with had assembled, and preparing to join them? He would say, they would have been most negligent of their duty, if they had not taken all such proper steps to take away arms from every suspected person. In short, nothing whatever had been done that was not abso lutely necessary for the preservation of the peace. Then, surely it was fit that those who had so pro. perly and actively conducted themselves, should be indemnified for their acts—(hear, hear,) —or if they were to have actions brought against them they would have no means of defending themselves, but by disclosing the names of those who had given them the information ; though he must repeat that those names should not be exposed. For if once it were to be laid down, that Parliament should act upon the principle th at those who have given information to Government of treasonable conspiracies were to be exposed, no such information would in future be obtained, for every person would be afraid of afford ing it—(hear, hear.) If the House did not think themselves called on to pass such a Bill, he would say that they encouraged future conspiracies, which would be carried on to a dreadful extent, and there would be no possibility of preventing them, or secu ring the kingdom from the danger which threatened it. There was a passage in the rt of the last Committee, to the effect that it w a s hoped the minds of the people were restored to a just state, but that 'it would require the utmost vigilance of the Magis tracy, and all well-intentioned people, to prevent the same sort of disturbances from being renewed. This was the purport of the passage ; his memory did not serve him to quote it correctly; but he most consci entiously believed that the spirit which had given rise to the late disturbances was by an means extinct, and that in many quarters attempts were still going on to keep up and expand this spirit, and to get large . bodies of _people together for the pretence of petitioning for Reform, but with the real object of producing new insurrections—(hear, hear.) Rut let let no man suppose that he was of opinion that any thing in the shape of a reform was an outrage upon the Constitution. He thought no such thing—but the Reformers of the class to which he alluded were daring and desperate enthusiasts, who said in their speeches that the people had a right to carry their pe titions in one hand, and their 'Swords in the other.— (" No, no rfrow the Opposition Benches.) That was the doctrine which they held (No, no I) for he saw it publicly stated in those publications which were dif fused among them, and which had their sanction.— That was the species of Reform which they insisted upon as their constitutional right; and here he would take leave to say, that Universal Suffrage and An nual Parliaments were only a circuitous way for ex pressing Revolution—lNeer, hear.) They never did enter into the Constitution of this Country—further,' they never could rpm I part c the constitution of this or of any country, whic from Goth nedyesc:lid4 h ree7arcied i u eat„ .and peace (hear, hear It was also an object of th e Bill to inderanti: Magistrates for dispersing som c public Mee it , alluded particularly to that called th e M ad k, ing. Here again the Magistrates might justify conduct in the eye of the law, if cajl the evidence of those persons upon whose don they acted. There might be some peers, the Bill which would require amendments ; 1 )% principle of the Bill, he trusted, would appe al - lob . House as necessary. He hoped, therefore, the - House would see the propriety and justic e r i p 3 ,41 the Bill—(hear, hear.) Mr. LAMBTON said he did not mean to , that time into the merits of the Bill which w as posed for the sanction of the House. He wow:. Err a few words on what be thought should precede the discussion of the Bill—.he meant , duct of Ministers. They were required pass the Bill in question, without inquiring ir rx :a t disgusting measures which were pursued duzi an l e last year—without inquiring into acts of tyr uir, oppression, and cruelty, more disgraceful and fur than the Bastile ever saw. They were desired overlook every consideration of the manner in sta Ministers had used the powers entrusted to rheas,i l d to grant them an Indemnity Bill, as a necestare• companiment of the suspension. They asked measures upon their responsibility, ass ar a i House that they would not abuse their power s: armed them with a sharp and dangerous ilutriu and they were not sparing in the use of it; yrs) when facts were submitted to that House that cated the Secretary of State in charges of cruelt , severity, which seemed at variance with the ' Lord's general character for humanity, Mork refused upon the most fi ivolous pretences. Lit his Majesty's Ministers came down to that Ii armed with a green bag ; this they laid before, mutter of their own selection, and got themsei' stituted at once judges, jury, and witnesses. Tut. port of this body, so constituted, endeavou re d * magnify the mad attempts of a bankrupt apta cary and a starving cobler into rebellion and ita treason. When this came to be investigated ts Court of Justice, it turned out on evidence tha it prime agent in the mischief was a Governmenr ; and an honest Jury acquitted the prisoners des crime laid to their charge, though means had used to influence their minds, which shewei conviction was the object more than the in , tion of truth. The Habeas Corpus Act was suspended before on such grounds. Even ©et year when danger was most imminent—rhea ; reigning dynasty seemed in the utmost hazard fin foreign power and domestic treason and rebellice_ yet even in these circumstances, siLich might I deemed a very strong case, the Suspension was passed without much opposition, and with protects and remonstrances. Last year, when attention of the people had begun to be amp in the measures of Ministry—when they cos:. longer be diverted from exposing the srctem which they acted, and the profusion with Which dissipated the resources of the country in jobs sinecures, they all at once had recourse to their refuge, and bethought them of gagging the mo of the people, in order to stifle the cal for econ and retrenchment, which threatened to deprive . of their best support—the means of provicfl their friends and adherents, like the execrabizhane piers*, who, when he found his power become air and his intentions suspected, sacrificed all his opp Twins as the victims of his ambition. This esi, however, attacked the high and powerful; za Ministers directed their attempts chiefly a7..tae poor and the starving manufacturers. ilea en would have felt remorse at the sight of a CC:r.t, neduced—a people suffering the utmost print: but still loyal in their attachment, and looking a that House for redress of all their wrongs. Bat Governors shewed they had no bowels of comps and taught the people to think that it was can Mt folly to look any longer for redress u use. But the resource of Ministers for meer die distresses and complaints of the country, tend forth Oliver in order to excite disturbances.' thus to justify acts of tyranny on the part of the( vernment. This arch-spy hurried along from c-a to county, displaying the standard of rebellion tucking riot and insurrection. Wherever hi could be traced, and they were traced witis care and accuracy by his Honourable Friend Bennet), them it was found that he had been Fa ing to robbery and murder. Unhappily he prof in one instance not in vain. He was found u returning to render an account of his penis ald success. He could have rendered his accou::: words which a great poet ascribes to a base and more malignant parts of whose Mr. Oliver strikingly resembled. This spy At last, as from a cloud, loud was the acclaim : Forth nal in baste the great consultini re" &lid from their dark divan, and with like ..11 Congratulant approacb'd him ; who, with 11...4 - lidense, and with these words, attention nay :. Long were to tell What I have done, what suffered—with what pan Voyag'd the unreal, vast, unbounded deep Of horrible confudon • over which, By lie and Dea th , a broad way now is Fred To expedite your glorious march! (Hem kr. VP' In consequence of this spy's success, Brandretl". some of his associates, were publicly tried, at headed on the scaffold as traitors. Why sva instigator, in whose hands Brandreth was mere instrument, tried? Why was not this ~\ arts j,.. stained spy put upon his trial at the imperiJvc . " of justice and of the country ? When the eirfe.fi struments of his designs, and the mole 54 1 1 innocent victims of delusion and fear, were lo c . 'mdeath, why was Oliyerleft at large ? If, ill.' laws of England, all connected with a traasi.la involving murder, are guilty of murder, how c no charge to be laid against the contriver anti as gator of the transactions in Derby ?--(hear, r', But if the voice of justice and the country aka the punishment of Oliver, equally did it call k disgrace, impeachment, and punishment of who sent him forth, who praised his moral ch . and who vindicated his whole conduct. In councils originated the plan of sending spies 211 the people—front their. Cabinet issued Oliver as ' champion. Yet those men now came down or! act of indemnity, requiring the House to fon; perpetrators of all those da,TX atiociata , 114 1 its s i 4 Li i , nclernnify geesings...l * %hike: m ed. t justify si t i nail call u mil hose i n f ant. Pterritioe l enes ; b ut di ?PPear to ti s :ore, sk t ice oi p ayit an to m et iich w as in , Ile a c u;4 )old inj • 3 eantthe q uo I imp,i c i* t ring in t i t A u t io t Of m u . itl and aZ re mid t Liner in st,i 1 to the m .* nectw ee y asked ee e assnriug de Powers: th, instrinag it; yett e k Se 64414 of craelry ith the N o * ut ile :es. y it that }kw before aCem, iemseiresto !tees. Thu ideavoend * krupt lip and estigated [mice that tit rernment iscren of dt mot had bas sheered the inres . ,p Let - Res One Even ©se mt—rhea is t hazard Ira nd ,Ech might la Lision w,s ere with mug ear, when Lie e sreadilyint they cold be system se ith Which . in jcbs e to their If g the motile 1 for econcnr ti deprive :has X3l e necrabiz (tubes , become Wink ! all his orp n. This erful; ca aer fy ayAnc tie s. pick un If a cry^ a at Oration- looking spa ngs. Bat or of comp :sin k was ems* *dress to it for meet-4d tuntry, iturbances. p Lg rebe an fro d ui m:co: rever hs red with le Friend i* td been pcis ily he prowl% fount dt perils. and account is personage , •hose is s?Y riP e '" Ere" ike h whit pia 5 wed 'Hew, 60 '. I. Brandreti. y tried, . Thyme , th was this