Star. — London, England, 1820-02-26 00:00:00

moment when the country was involved in a state nf discontent? How was it possible that their Lord ships could miss so excellent an occasion of remov. I ing discontent and complaint? Their Lordships would recollect that this Bill asked nothing more than what could have been effected by the House of Commons themselves, of their own authority, in case no dissolution had taken place ; and it was his opinion that the Ministers who advised that disso lution, were particularly bound to countenance the Bill. Assuredly, there could be no objection to hold, as it were, these delinquent Boroughs to bail, seeing that they were only deprived of their privi leges for the period of fifty-three days. His Lord ship then, adverting to precedents for such a pro ceeding as was then proposed to be adopted, with respect to the three Boroughs, noticed particularly the case of the Borough of Shaftesbury, and con tended that the distinction as to a prorogation and dissolu ion, could not affect the principle upon which Parliament acted in the former case. The principle was this, that dining an investigation, the object of which was, to ascertain whether or not the Borough was in too corrupt a state to be entrusted with a continuance of the franchise, it should be deprived in the meantime of the privileges of electing. This was the principle acted on with respect to Shaftes bury, and this was the principle proposed to be acted on with regard to the Boroughs mentioned in the Bill. Having said so much, he should next proceed to notice the extraordinary proceedings of last night. He begged to apprize the House, that it was his in tention to move to rescind the order for the hearing of founsel at their Lordships' bar. This was no pri vate Bill, hut a Bill of temporary necessity. It did not involve the question whether or not Barnstaple should be disfranchised, but it was merely intended to provide that the investigation into the state of the Borough should be resumed next Parliament, precisely in the same circumstances that it stood in when the investigation was deemed necessary at all. I low c,Aild it he supposed that the hearing of Coun sel could be made consistent with that inquiry which the House of Commons seemed to think necessary when they passed the Bill through several of its stages in one day ? He entreated their Lordships that they would not interpose their chilly negative to disappoint the hopes of the country. His Lord ship then said, that he would move that the order for hearing Counsel be rescineed. Lord LIVERPOOL said, he did not wish that this question :,bould he got rid of by a side wind. He thought that their Lordships were not bound by the practice u: Parliament to hear Conine! on the Bill; bat Ire believed it would be expedient to let Counsel he heard, without entering into evidence in a case' lik" the present, where there was a strong attack srade upon a body of individuals. He . begged their l.ordsl:ips to attend to the distinction between suspend ing the right of a Borough upon proof had, that such a proceeding was proper, and suspending the same rights, pending the discussion of the ques tion, whether or not the rights ought to be impended or taken away ? He always regarded the power of the House of Commons to suspend the issuing of Writs to Borinighs during the existence of Parlia- I lent, as a very strong power indeed ; and if it was a new and unprecedented assumption on their part, he should feel it his duty to oppose it; but such being the law, he would not attempt to disturb it. The case of Shaftesbury had been alluded to by the Noble Earl; but after all, that case went no further than affirming the power of the Commons to suspend the Writs for Boroughs during their own existence. But could that doctrine apply to a case where the House of Commons was not inexistence ? If the Writs were suspended during dissolutiott, the consequence was, that the power of the Crown would be taken away, and to take away the power of the Crown to issue its Writs was specifically the object of the present Bill. The House would mask the progress of a bad precedent. First, the Commons exercised and con firmed in themselves the right to suspend Writs during their existence, and now they wished to go the length of taking away the power of the Clown. Another curious circumstance was to be noted also, that the Bill contemplated the suspension of the powers of four Boroughs, whilst, at that very mo ment, four Members from these very Borer,ghs sat 'and voted in the House of CoMmons, and if no dis solution took place, would have retained their seats. Such being tote nature of the Bill, Ise could not sup port it. He saw no reason for supposing that there would be any impediment in providing remedial measures next Session just as well as at this moment.' Why then suspend the rights of a body of persons against whom they had not ; tittle of evidence to "import any charge? While they wete zealous to do justice to the Constitution, they ought to be cau tious that they committed no injustice against indi viduals. He thought, under all the circumstances, *tat the ease might be left in precisely the same "state it stood in at that time, seeing that the proceedings could be resumed with all the advantages, next Par liament, which might be expected_ to attend them after the interpo sition of this Sill. Lord DAR NLEY gave his assent to the Bill. The LORD CHANCELLOR opposed the passing of the Bill this Session. Several Noble Lords had urged upon the House the necessity of obeying the lettings of cite People. The best way of consulting Ilse feelings of the People would be by doi ng j ust i ce to all, and if justice be rendered to the People, sooner or later the People would do justice to their Lord skip,. What then was the justice of the present case? It was sought to take away the right of returning Members to Parliament from four Boroughs. He would ask why ? There was not a tittle of evidence whereon to ground the suspension. No man was more ready than he was to express his respect for the opinion of a Committee of the House of Commons. But their decision as to a particular Election, was not a complete justification on the part of the Legis latare, to take away the power of Election in a body where partial corruption was proved. The question was, were they to take away the right of the Crowell to issue Writs, and that too at a time when :Vern bets held seats in Parliament, representing these eb. noxious Boroughs? He would reserve his opinion as to the ultimate questioo. The Shaftesbury case WAS truly a case in mugs because, though the Writs were suspended, stilliultimately, the franchise was continued to that Borough, and thus the Parliament declared there was no ground for suspending the Writs sit all. Here, tam was a case which should Weal-the Homo to be rem amnions bow they pro , coded **regard to Boroughs. Upon the whole, it appeared to him that they could not consent to the Bill without manifest injustice to the rights of the Boroughs. • Marquis of LANSDOWN thought that the Bill before their Lordships furnished presumptive evidence that the House of Commons had decided upon the propriety of suspending the Waits. The right or electing Members was a right held in trust for the public good, and reclaimable when exercised to the public detriment. Therefore it could neither be unconstitutional nor unjust to deprive the Bo roughs of their franchise until the ultimate question was decided. Earl GROSVENOR, adverting to what had fallen from him in the early part of the night, spoke a few words in explanation. The Earl of LAUDERDALE then moved, that the further discussion on this question be adjourned to that day . fortnight. The House then divided on the question, and the numbers were—Contents, 22—Non-Contents, 11— Majority, 11.—Adjourned at Eight o'clock. HOUSE OF COMMONS. At half-past three o'clock the Senates took the Chair, after which a few Members took tke oaths. A person from the West India Dock Company brought up an Account of the Receipts and application of Morley by that Company, which was laid upon the table. A person brought up an Account of the Resolutions passed in the Court of Directors of the East India Company, which were laid upon the table. A person from the King's Reach Office, brought up certain Returns, pursuant to order. Mr. BROG DEN brought up the Report of the Committee of Supply, when the Resolutions for voting seven millions, to pay of F.schequer Bills, were passed. Dr. PUILLIMORE moved that the Order of the Day for the second reading of the Marriage Act Amendment Bill be read, in order w its being discharged. 1k observed, that it was only the premature dissolution of the present Parliament which pre vented him front endeavouring to catry, in the prese e ngzsion, a measure so connected with the most important int and the peace and happiness of families, and which had also received the approbation of so great a pnitioa of that House. But he pledged himself, that if he should have the honour of a scat in the next Parliament, he would take the opportunity of ro-intro ducing the Bill early in the ensuing Sessioa.—The Bill was then ordered to be read a second time that day six weeks. A person from the Chamber of the City of London, brought up an Account of the Receipts and Expenditures of the Or phans' Fund. Mr. LIISHINGTON moved for an Abstract of the Net Re venue of Great Britain, and the produce of the Consolidated Fund in the last year.—The Accounts were afterwards pre seined, and ordered to be printed. A Message from the Lords brought down the Mutiny Bill, the T.ocal Jurisdiction Bill, the Expiring 1..4w* Bill, the Indem nity Bid, the Irish Election Bill, ace. with their Lordships' Amendments to the latter. 03:IPA:sat waich.4e at least it opptrared so by the eit.-peeic which had been laid before him, and op had taken the earliest 'opportunity of requestins a satisfactory explanation ; bat it was to be takeßlato, consideration, that considerable delay must of neces ',sky arise, on account of the dif f iculty of eonununica tion between the parent country and its colonies, which could only take place at particular seasons. We. Ilact,,no right to interfere with the criminal tri bunals of another country ; but every thing that "could be done to obtain a fair and speedy trial for British subjects, consistently with the regulations to be observed in these cases, had been done. He had no indisposition to give the Honourable Member an opportunity of seeing the correspondence ; but as the proceedings were yet incomplete, he must object to the object of the motion, and would request him to withdraw it, otherwise he should find it his duty to move the previous question. Mr. BROUGHAM agreed with the Noble Lord that, in the present stage of the proceedings, such a motion would be premature, and he would rather it was withdrawn, than that the previous question should be moved. The Honourable and Learned Gentleman 'then took an opportunity of asking the Noble Lord the result of the inquiries which had been entered into last year, relative to the violence committed by a Spanish frigate upon the Brunswick; a Liverpool trader, which occasioned the death of a Gentleman, of the name of Walker, who was then a passenger in the latter vessel.? He concluded by ob serving, that it would be satisfactory to the country to know-the result of the inquiry instituted upon that occasion, as well as to the family of the unfortunate Gentleman who had lost his life under circumstances so distressing. Lord CASTLEREAGH said, that he was happy to have the opportunity of stating what had yet been done in regard to that melancholy occurrence.— Every effort had been made to obtain satisfaction. The affair had happened in the Mediterranean, and afterwards the vessel which had been injured touched at Genoa, where depositions were taken, and trans mitted to his Majesty's Ministers. A representation WAS thereupon made to the Court of Madrid, and the strongest instructions were forwarded to our Ambas sador there. No investigation could, however, take place until the frigate returned to Spain. It was the wish of his Majesty's Ministers that a Court Martial should sit upon the Officer ; and when the Honour able and Learned Gentleman had mentioned his in tention of bringing the subject into the House of Commons, he (Lord Castlereagh) requested him to await the result of the communication made to the Court of Spain. He agreed to do so, and in a few days after, an answer was receivecl from that Court, couched in the most conciliating terms. By that an swer, it appeared that the frigate was on the look out for Insurgent privateers, and had, in the first in stance, mistaken the British vessel for one; but, how ever, as it appeared that the inquiry had not been by Court Martial, but by the Marine Court at Cadiz, and was entirely grounded upon ex parte evidence, a dispatch had been sent to the 13ritish Ambassador to that effect. The Court of Spain had agreed that a Court Martial should take place, and the evidence of the British witnesses was forwarded to Spain for that purpose ; when the evidence should have arrived, the matter would be satisfactorily investigated. Mr. BROUGHAM, in explanation, said that the vessel could scarcely be taken for an Insurgent one, as the frigate had hailed her in the English language. However, lie thought it not a decisive fact. Lord CASTLEREAGH explained. Mr. C. H. HUTCHINSON asked, if Captain Clarke, of Dublin, whose case had been alluded to in Sir stewart Bruce's letter, was still in prison ? Lor4,CASTLEI{F.AGII said, he believed he ball been liberated. Mr. NRBES supported the motion, and said he , knew of 'another outrage committed upon a vessel that touched at Tenerife, bound to the Cape cf Omni Hoye. Mr. HOME said, that after the satisfactory assor- , ance contained in the observations of the Noble Cord,' that ally farther interference of his would be unne cessary, he should now withdraw his minion, reserv ing to himself; towever, .the right of renewing it, in case that full and effectual redress shall not be ob tained, and in case 'hat he should have the honour Of a seat in the next Parliament. BRITISII PRISONERS IN TENERITIPII. Mr. HUME rose to move for certain Papers rela. tive to the case of the Captain and crew of the ship Charles, of Aberdeen, who have, for two and twenty months, been immured in a Spanish prison, at fort. 9t. Philippe, in the Island of Tenerife. The Hon. Member stated, that he had abstained from any pre- mature introduction of the subject, with the expecta tion that some satisfactory result might, before now, have followed from certain steps taken in the matter by the Secretary of State, and the British Ainbassa dor at the Court of Madrid. He had, therefore, de ferred calling the attention of the House to the sub ject, although he had in his possession a letter, re ceived seven months ago, from the Captain of the vessel and his fellow-sutferers, complaining of au un just and cruel confinement of fourteen months, un• der an accusation of the atrocious clime of murder, without any prospect of obtaining a fair trial, or of being liberated. They also complained of the loss of all their property, without any cause of seizure, and prayed, through the intervention of the British Parliament, for justice and redress. He then went,', at some length, into the narrative cf the case, the principal facts of which wore the following :—The vessel in, question had taken in a cargo of wines at Teneriffe, in the month of March, 1818. The Spa-• nish pilot, who was taken on hoard for the purpose of clearing out of the harbour, became ill soon after, and, finally, threw himself overboard in a fit of insa nity. The ship came to her moorings ; the Captain informed the Governor of the fatality. Ile was im 'mediately apprehended, and thrown into priSou ; and afterwards the Mate and crew were also arrested. — The ship was taken forcible possession of. She af• terwards left her moorings, was wrecked, and the property seized as Dloits of the Admiralty. In the meantime the prisoners were kept in close confine ment. The examinations were secret, and even the • British Consul, Sir Stewart Bruce, was, for a long time, refused access to them. ,The property lost was. valued at more than nineteen hundred pounds, to which five hundre4 were to be added for loss of time, making the whole upwards of . two thousand four hundred pounds. The Hon. Nlember took occasion to compliment the British Consul for the humane and zealous part which he had acted in this melancholy affair, and read a letter fions him to the Secretary. Of State on the transaction, which letter. contaiostd an allusion to the case of a Captain Clarke, of the City of Dublin, who had been fourteen :moths impri soned in the same Island. He (Mr. Hume) under stood that this was not the first or second instance of similar acts of rigour and oppression committed by the Governor of Tenerife, upon British subjects.— lie spoke in terms of approbation of the conduct of the Secretary if State, who had sent a very strong dispatch, relative to the transaction, to the Court of Madrid, and concluded by moving—." That ast humble Address be presented to his Majesty, pray- Ang that he would order to be laid before the House Copiesof Pretests which had been model?) , the Cap tain and crew of the Charles. in 1815, and by the British Consul '; and also Copies of all the Letters addressed by him, or the Captain, to the Secretary of State ; and the Instructions to the British Ambassa dor at the Court 'of Madrid, relative to the seizure and imprisonment." Lord CASTLEREAGH was of opinion that the lien. Gentleman had done no more than his duty in mentioning the subject in the House, under the circumstances in which he was placed. He was willing to give him credit for the laudable forbear ance which he had shown, haying the letter so long in his possession ; but he objected to the motion, be cause the proceedings were yetincomplete. He had re ceived a reply from the Court of. Madrid to the dis patch upset the subject, which gave a distinct assur ance of the anxiety whkh that Court entertained to do ample justice. He..(Lord Castlereagh) felt that the case was one in which there was much hardship; - •s T ., ETATS OF IRELAND. Mr. KNOX begged to call the attention of his Majesty's Ministers to the present disturbed state of the western part of Ireland. He believed there was out County, the County of Galway, in so very dis turbed a state that several of the Gentlemen who inhabited there were compelled to fly out of it.— Under these circumstances, he thought it would be highly expedient to re-enact the Insurrection Act, with regard to that particular County. He wished to know if it were the intention of his Majesty's Mi.-, nisters ty propose any new measures to strengthen the Authorities in that part of the kingdom? Lerd CASTLEREAGH lamented that he should' 'be obliged to concur with the Honourable Member in the truth of his representations, sto the disturb ances iu a part of Ireland. Ile hoped, however, that the exertions of the Gentlemen,. so highly lendable and creditable to them, supported by the troops and those other means which it was in the discretion of the Lord Lieutenant to bring into operation, would eventually succeed in suppressing all thane disturb vices. In answer to the question of the Honourable MeMber, he should distinctly state, that it was not' the intention of Government to propose the re-enact ment of the Insurrection Act. That was a measure of so important and severe a character, that he thought they could not be justified in proposing it, without much more eetensive cause than appeared to exist at this moment—(Hear, hear). On the :nation of Lord CASTLE/ICAO*, the House adjourned to Monday. GIORGI Tax THIRD, HIS COURT, AND FAMILY. Though the reign of our venerated Monarch must give brilliancy to the pages of future historians, yet we have reason to believe it will be impossible for history to present such an interesting personal sketch of our beloved and excellent Sovereign, as will be dwicted in the above Work, which we understand will particularly abound in relations of those pecu liar traits of character for which his MAJESTY was so distinguished during his long and eventful reign, and whiCh have rendered his personal history so re markably attractive. ~~~ ~,_ . __ . _ _. THE CONSNRAM COILONER'S INQUEST ON RICHARD SMTWARE, THE POLICE OFFICER. Yesterday the neighbodrhood of the late atrocious scene of compiracy and murder was in the AteAt!`! confusion; hundreds of persons were admitted t o visit the place where the unfortunate object of this, investigation fell by the assassin's dagger. Yesterday morning the following Jury whe sum. - moned, by Pyall, the beadle of Mar y-la-bonne. Mr. John asurton, Forenoon, Mr. Thomas Hawkins, Mr. Samuel Smith, Mr. John Barren, Mr. Richard Ilutehinsoa, Ur. Edwatd Cooper, Mr. Thomas (late, Mr. John Beckett, Mr. John 51 , .rris, l Mr. Frederick Mew, NV. Mr. William Selwin r Mr. Rickard Lee, Mr. William Huntley Mr. William Southwood, Mr. William Ware, Mr. Charles Curwbod, Mr. Charles Wyatt, Mr. Oabsing ream!. Mr. Richard Stanley, The above were all respectable inhabitants of tilt neighbourhood. The room where the Jury met, at the Horse and Groom, the corner of Cato-street, was crowded to excess. On their being empanelled and 'sworn, they proceeded to the adjoining room, to view the body of the deceased. The first witness was Mr. John William Fisher, a sorgeen, of Greek- - , street, Soho, who stated that he was called upon yes terday morning, for the purpose of examining the body of Richard Smithers, who was stabbed last Wednesday evening: he found an external wound on his right side, which was about two inches in breadth ; on opening the body to ascertain the depth and direction of the wound, he found that the in strument had penetrated the second rib : it had also wounded the surface of the upper lobe of the liver, and passed through into the chest ; it went through the pericordium into the right ventricle of the heart, and had perforated the left lobe of the lungs: the depth of the wound was twelve inches. The wound was evidently inflicted by a pointed cutting instru ment; the ribs on the left side prevented its going through on the opposite side; the immediate cause of death was the blood leaving the heart, caused by the wound the deceased had received front some sharp instrument. George Thomas Joseph Ruthren, being sworn, said that he was an Officer employed on the Police Esta blishment, at the Public Office, Bow-street. Wed- nesday evening last, about half-past eight o'clock, he' was ordered, with several other officers and consta-. bles, to go to the house where Sniithers was killed f in consequence of a number of men being assembled for treasonable practices ; he was informed that was the nature of the case, by Mr. Stafford, Chief Clerk at Bow-street. It was a kind of shed where they were met, situate in Cato-street. Coroner—Was there any inning grasted?—A. There was. by Mr. Baker, the Magistrate, of Mariborongh.street Police Office. Juryman—Have you got the warrant ?—A. No. Juryman—Does it specify the number of persons you were about to apprehend?-1. It We Juryman—flow many Officers were there altogether ?—A. About one dozen. Maness continued—On entering the place by order of Mr. Birnie, the Magistrate, who was in the street, witness oherved a man marching about with a cut lass, which was in a belt lifting by his side, and a. musket on one of his shoulders, apparently as if. he was on guard. Ellis and Sitiiither,s entered first (jn. company of witness) the place, with several Consta bles, who were ordered to assist them ; the door was not fastened ; Mr. Birnie was at hand, and ordered them to go in. Juryman—What was the man doing who was on guard? Witness—lle did not particularize what he was doing. Witness ordered the other Off sera immedi ately to secure that man, while he secured another, who he believes is in custody. In one corner of the place (at the lower part)'there was a ladder, which being very narrok, no more than one person could possibly go up at a time. Witness went up the steps first. On arriving at the top, he saw a table or car penter's bench in the loft, on %%hick there laid seversl fire-arms of different descriptions, and they, leers sorting them out. There were swords, guns, pistols, &c. There were, to the Lest of his calculation, twenty five or twenty-seven persons in the place. 4r ,thur Thistlewood stood at the right side of the table or bench, handing the arms about to the various per sons in the place ; he wore a shabby brown coat ; be had known 'fhistlewood a length of time, and wis confident as to the identity of his person. Witness first entered the place, and when he thought three or four of his comrades had entered, he said, aWe are Officers; seize their arms." As soon as he men tioned the sentence, the persons in the loft seized on what they could of the arms, and retired to the fur ther pan of the place. Thistlewood immediately re tired into a little room adjoining that in which the others were, and four or five others were with him, all armed at the time. Thistlewood, as he re} tired into the apartment, waved a sword, which he had in his hand, and appeared determined tostab airy one who'inight approach him. Smithers, the de 'ceased, was about a pace from witness ; as he ap preached Thistlewood, the latter made a thrust, and the point of the weapon entered Smithers' right side. Te sword was about three and a half or four feet in length ;it was strait. As soon as the deceased was stabbed, he fell sideways upon witness, in a faint voice exclaiming Oh !my GOD 1I am —," or words to that effect, acrd instantaneously a pistol was fired of, but by whom he was not positive.— Some of the party immediately ran their swords across the lights, and put them out. Witness could recognize four of the persons besides Thistlewood. Their names were Blackburn, Shaw Strange, and James Wilson. Another man,named Tidd, fir e d o ff a pistol, which hit a Serjeant of the Guards, who re ceived the contents, in an attempt to save the life of Captain Fitzclarence ' at whom the pistol was pre sented. Two others he saw, but not in the loft, stir of whom was taken into custody by Captain Fitzcla rence ; in the course of the day he had found a large stick, cut at the end as if to fit some instrument. On 'Thistlewood's stabbing the deceased, witness heard somebody halloo out from the room in which Thistlewood was—" Kill the —; throw them down stairs." It being dark, some of the party escaped, but nine of them were apprehended that night ; wit , ness secured Tidd, Blackburn, and Wilson ; ethers were secured in the loft ; they were all taken toßcrw , street, and from thence they were sent to, ,of Correction. Witness is confident lithe not been put out, that they should all Mate 40,4, _- . - • • ' p , *i* r • • I- { I s, F A r 4 I I I I ' lob