Star. — London, England, 1812-04-16 00:00:00

This day was pubrehed, price 2s. 6d. Second Edition, with Additional Notes, of ALEITER, addressed to a Member of the House of Commons, on the Notice given by Mr. BROUGHAM, for s Mo•lon respecting the ORDERS in COUNCIL and the LI. CENSE TRADE.—By JOSEPH PHILLIMORE, L.L.D. an Advocate in Doctors' Cumniors, and Regius Vrtiftsscr of Gall Law in the Universty of Oxforill. _ . YrinteA for E. Budd, ; J. Hatchard, Piccadilly ; J. Buttcrworth, Fleet•clreet; J. Richarcsun, Cynthia ; and Parker, Oxford. Where may be bac:, by the &Inv Author, third Edit. price Cd. RIPLEXIONS CM the Nature and Extent of the License Trade. P4.I2LI.4.II.EIVTiMr PROCEEDINGS. HOUSE OF LORDS, APRIL 15. The Irish Spirits Warehousing Bill passed through a Committee and was reported. Mr. Kingston, from the East-India House, presented Copies of Cie Negociatlon between Government and the Court of Di rectors, relative to the Renewal of the Charter ; which were or dered to lie on the table and to be printed. On the motion of the Earl of LIVERPOOL, It was agreed not to insist op the Lords Amendment in the Local Militia Bill, and a Message to that effect was sent to the Commons. A Message tram the Commons, brought by Mr. VANSITTART and other Members,desired the leave of the House for the atten dance of the Earl of Roue on Friday, at the Committee on the Income and Expenditure Of Ireland. The Messengers were called in and informed, that the Lords would send an answer by Mes sengers of their own. I.eave was afterwards given to the Earl of Roue (who was present, and assented) to attend the Committee, if lis Lordship should think fit. • 'Fire Custom-house Bill, some local and private Bills, were brought up from the Commons by Sir Leans GRAHAM, Sir ED WARD KtiarcuauLt., and other Members and read a first time. The Marquis of STAFFORD presented a Petition from the .Manufacturers engaged in the Potteries in Staffordshire, which, after being read, was ordered to lie on the table. On the third reading of the Cupar (Fife) Gaol Bill, a discus eon of some length took place, in which the Bill was opposed by Lord ERSKINE, the Earl of LAUDERDALE, and the Earl of Rosurs, and supported by Lord Viscount ItAxi.vittx, the LORD COANCILLOR, and Lord REDZSDALE. The Bill was read a third time and passed—Adjourned. HOUSE OF COMMONS. A Message from the Lords acquainted the House that the Lords had agreed to several public and private Bilis ; for which see the Lords. It also requested a copy of the third and fourth Reports of the Committee appointed to inquire iuto the state of the Affairs of the East-India Company. Ihe Surveyor's Highway Bill was read a first time, and or dered to be read a second time on Friday next. Mr. CREEVEY postponed his motion that stood for to-mor row "(this day) restive; ing the two Olhces of ellers of the Exche quer till the 17th. of May. Mr. MELI.ISH p t esenteda Petition from certain Ship Builders and Caulkers of the port of London, against the encouragement of Ship-building in the East-Indies.—Ordered to lie on the table. A Message from the Lords acquainted the House that their Lordships did not insist on their proposed amendment to the Local Militia Bill. Mr. WALLACE asked an Honourable Gentleman (Mr. Ba. ling), what was the date of the paper he had given notice of moving for to-morrow ? Mr. Baring having stated the date, Mr. Wallace' aid, that that paper was already included in a printed Report now before the House. Mr. Baring, on under standing this, said, that lie should withdraw his Notice for to morrow. Mr. SINCLAIR gave notice of a Motion for to•morrow, for • Return of the number of Voters in each Shire of Scotland, from the year 1794 to the year 1811 t. • Sir FRANCIS BURDETT gave notice of a Motion for to morrow, for a Return of the number of Clerks in the Navy Office, distinguishing the salaries of each, their respective periods of ser - vice and their emoluments independent of salary. Mr. BRAND postponed his Motion on Parliamentary Reform, that stool for nest Tuesday, to Tuesday, the 20th of April. kle also postponed a Motion of a Noble Friend of his, that stood for that day, till the 28th. Mr. BROUGHAM postponed his Motion till the 48th. Mr.-HORNER postponed his Motion respecting Insolvent Debtors, till this day se'nnight. cAniouc CLAIMS. Mr. HUTCHINSON said, that he held in his tiand a Petition from the Catholic inhabitants of the County of the City of Cork, praying, that all persons professing the Roman Catholic persuasion might be relieved from the pressure of those disabilities and disqualifications under which they at present labour ed—it was not his intention to go then at all into the discussion of a question, which was soon to be treated in a manner so much more suitable to its importance, but he begged the attention of the House to the lan guage and character of the Petition itself. It was every way worthy of the great cause in behalf of which it was preferred—in bold and constitutional language, it called upon that House to make the British constitution stronger than it then was, by ex tending it to every British subject. It spoke a lan uage worthy of men, who knew how to value the tights they applied for, such as freemen should at all times use, and a British Parliament should at no pe riod be unwilling to hear. He had also to state, that every signature to the Petition was the handwriting of the person whose name it specified, comprehending almost all the Catholic iespectability, weight, influ ence, and property of the County. He could also assure the House, that there had been no sort of in terference made use of to swell the number of the signatures, every man was lett to do as he pleased, a circumstance that must have created rather an awk ward sort of contrast to _that feverish anxiety evinced in other quarters to procure signatures to a Petition of a very 'oiffetent tendency. He strongly deprecated . every interposition of this sort as most unconstitu tional, as all attempt to disguise from Parliament the real' iehtinienta of the Protestaata - of Ireland, up. on the'Object of the claims of their Catholic fellow aubjecti. the PititiUn was then brought u4', read, and ordered to lie upon the table. PUBLIC IMPALA:4IM Sir JOHN NEW po,Ris called the attention of the House to the. subject of persons who had Made away with the public . money. He thought it was fit that the House . should have before i; a complete titaternent of all the accounts of the country, in order • to see what were 'the defalcations, and whit the sums recovered trim:tithe defalcators. He alluded to the defalcations of General Delancey, Mr. Steel, Mr. Hunt, the Dutch Comthissionersi 'Mr. Villiers, and Mr. Chinnery. the laitei case there was said to be a defalcation of nittipar, but no report was yet made of it ; and he understood that Mr. Chinnery's aeCurities , Conndered themselves as exonerated, on account of due diligence 'not having been made by Oovernenent to prevent the sum from coining to whit it did. He next alluded to the Board of Works In Ireland. To the Treasurer of . this Board a sum of stl MOW had bettissued. • His office ceaied in tbo2, 'god accounts remained' unsettled 'to this *moment..• A statement was lately given that his ac. odnntssiere in a state of preparation, and wouldsciou a d4 t 4teil. ' 'Whateyer were the soma likely to be ieco6o, a great benefit *mild 'result Irons the a4ifestio .. g a divitioa t. taka MILITARY PUN ISIIM EN TS, Captain BENNETT, in rising to make his pro mised motion with respect to military punishments, said, that if it were required to shew a necessity for it, he could with ease produce evidence at the bar of the House to prove much more abuses of the system of punishment now in force in our Army than had ever been hitherto stated. If men, he contended, had been assembled for the sole purpose of devising and inflicting tortures, they could not by the aid of the keenest ingenuity have fallen upon any that would have more effectually gratified the perverted feelings of human nature than that used to enforce the disci pline of our troops—a torture which would not bear inspection in the face of day, but was inflicted in holes and corners—(Hear, hear, from the Ministerial i Benches.) Aye, he would repeat, in holes and cor ners • for if it were inflicted any other way than pri- ! vateiv, it would be necessary to have troops always on the alert to protect the executioner against the in dignation of an enlightened people. He objected to the punishment on the ground of its inequality, as well as its inutility ; for could any thing be more un equal than that men of different degrees of strength of mind, and of nerve, should be subjected to inflic tions of the same nature ? It was highly desirable that an inquiry should at least be instituted as to the state of the system at present; and he should therefore move— " That there be laid before the House Returns of the Corm.' ral Punishments which had taken place in the Regular Army, Militia, and Local Militia, for the last seven years, ending the Ist of uary, 1812, distinguishing the crimes, sentences, and amount of punishment inflicted." Mr. CHARLES ADAMS said, that if duly con-1 sidered, the disgrace supposed to be inflicted by the Cat-o'.nine-tails would be found to emanate not from the punishment but from the crime. Mr. MANNERS SUTTON said the present mo tion was evidently brought forward as preparatory to one to get rid of the punishment of flpgging alto gether : but he could not perceive why it should be acquiesced in, unless some instances of malversation could be brought forward. He would not say that the Commander in Chief was not in possession of do. cuments to furnish such an account as was moved for ; be, on the .contrary, admitted that he was, and a fair inference might here be drawn of the sedulous attention he paid to the duties of his office. The Honourable Member proceeded then to pronounce a panegyric on the merits of the Commander hi Chief, and to descant on the improvements he had effected in the Army, expressed his belief that the agitation of the present question was calculated to unsettle the military mind, and was now unpopular in the Army, from the General to the Private ; and concluded by observing, that at all events there was no just ground advanced for the production of the papers moved for. Mr. ABERCROMBIE supported the motion, in sisting not only on the propriety of the investigation now proposed, but expressing a wish that such a c,ne should take place annually. Mr. W. SMITH supported the motion. Mr. M. SUTTON explained. Sir F. BURDETT said he expected to have heard snore cogent reasons for rejecting a motion of this kind, than any he had as yet heard given. As to making out a case—many had already been made out : he had himself stated no less than eight cases in Gibraltar, where the surgeons had given their opi nions that the men died in consequence of the flog. gings they received, but were afterwards compelled to say they died by fever. He had heretofore men tioned several cases of suicide, and attempts at sui cide, in order to avoid corporal punishment ; and those men who had attempted suicide, and were re covered, actually suffered additional punishment for the attempt. Old men, of 70 years of age, who had been 50 years in the army, and who were more shocked at the idea of shame than the dread of pain, had, in spite of every remonstrance, and in defiance of long and meritorious service, been doomed to be flogged. Youths who scarcely knew what they did, found no diminution of punishment by pleading their youth—neither the infirmities of old age, nor the in experience of youth were allowed to entitle them to exemption from the application of the disgraceful lash. Would, then, the House be satisfied with the Hon. and Learned Gentleman's compliments on the Com mander-in-Chief? He believed both he, and other officers were possessed of humane sentiments, but habit in time got the better of those tender feelings ; and if it did not entirely eradicate them, imperceptibly blunted and subdued them. When the number of • deserters was also considered, we might be assured that the effect arose in a great degree from the appre hension of severe punishments for some trifling offence. He knew of some who had deserted from that mo tive • and he was convinced that there we r e a great number of Sine young men, who never would have quitted their regiments, if it were not for this appre hension, and wlio would gladly return to them, if the apprehension were removed. He believed that the soldiers could not be left longer in such a state ; and he thought that the people of the country had been too iqifferept hitherto on this subject; ana now, with simile he must confess it, that n was v. ith some jus. tice that the punishment about which the country we; so indifferent when confined to the regular army, had n'o fallen ppon the whiilp nation in all thexfasses in which they were liable to be called on for military service.' A Noble Lord had said upon aloriner de bate, that lethotigfit it almbst impossible that a min could dig of receiving 240 lasbm kie should "how: care of the public money. He concluded with mot- ever, cite a ease where a man had died in the utmost ing, that the Committee of Public Expenditure be ` tortures from the infliction of 170 lashes. It was a instructed to examine into the present state of ac- man of the name of *Donald, of the 3d Regiment, counts, and the balances of money due to the Public,'. who in the year 1775 received the punishment. The and lay before the House an abstract of the same, man was a married man, and his wife had run away and their opinions thereon ; and that they should , from him, and lived with a S er je a nt. He, at diffe state what balances were i rre c overa bl e , & c . rent times demanded his wife, which demand might The CHANCELLOR of the EXCHEQUER have given some disturbance. The Officers did not had no objection to this motion, provided the Com- punish him in the first instance for demanding his mittee had the necessity powers for entering on this wife, hut they issued an order that he should not de subject ; and provided no unnecessary duty was im- mand her any more ; and the first time he violated posed upon them. ' this order he was tried by a Coutt Martial for a dis. Mr. BANKES had no doubt but that the powers obedience of orders, and sentenced to receive 200 of the Committee extended to the objects of the lashes. The punishment was inflicted on a Friday Hcnourable Baronet's motion ; and he was perfectly with such extraordinary severity, that on receiving ready to undertake this business in preference to 170 lashes the man fainted and fell down, and he died others ; particularly so, as there was nothing which in the hospital on the Tuesday following. A bill of now occupied the attention of the Committee. i indictment was preferred against all the Officers of Sir JOHN NEWPORT said, before the close . of the Court Martial for the murder of this man ; but the Session, it would be useful -to shew the Public they were acquitted from its being proved that a Sur. that the House determined to lay the whole state of geon was present, whose duty it was to interfere if public affairs before the Country.—The motion was the life of the man was in danger. Baron Meziers, agreed to. who was the Attorney-General of the Colony at the time of the prosecution, stated in his speech, " that when a man had been guilty in France of the mur der of one of its Sovereigns, the Council deliberated on a punishment adequate to the enormity of the crime : they even encouraged propositions to be made to them for that purpose; and, among others, a but cher proposed to flay the mac alive, and keep him in that state three days before he should die. This pro- 1 posal appeared to the Council too barbarous even for so heinous a crime, and they contented themselves i with breaking him on the wheel, and keeping him, two days on the rack. Now the Officers of this re giment had, for an offence comparatively trivial, in flicted a more cruel death than the Council of France could bear to hear of, even for the murder of a So. vereign, and more barbarous than even the butcher could propose, for he had only thought of keeping the man three days in torture, while those Officers had flayed the man, and kept him four days in agony before he died."—Such had been the feelings .of a Crown Lawyer formerly, on such a punishment; but now Crown Lawyers could speak of them with ten derness, and 200 lathes, as it seems, were thought no thing at all of in the present state of our army. It was known, however, that deaths had since taken place in conseqi ence of punishment, and that many suicides had taken place from the apprehension of them.—There was also an instance of a Serjeant of a Veteran Battalion, of the name of G 11, who cut his ' own throat merely to avoid the pain of being obliged to witness a number of those punishments. He then dwelt at some length on the account of masa( inien rilility, which appeared last year in all the Papers. It appeared by this statement, that a Private, in or der to obtain his discharge, had counterftited insensi bility, and so obstinately persisted, that although they ran pins under his nails, and studied horrid pains to rouse him, he discovered no life. A surgeon then think ing the insensibility arose from a wound in the head, ac tually trepanned him ; and it was only on scraping the brain that the man uttered one single groan. He was afterwards discharged, and recovered with astonishing rapidity • but upon hearing that a press-gang was in the neig hbourhood, he ran away, and had not since been heard of. The name of the regiment, and of the surgeon, had been stated, and the officers of that regiment or the surgeon would have undoubtedly contradicted this statement if it could be contradict- ed. In the year 1808 there were found to be nearly 8000 blind men in the army applying for !heir dis charge on that account, but'as it was suspected that the greater part of those men had caused their own bliadness to procure their discharge, there was an order issued to deprive those discharged far thi , , cause of the benefits of the pensions they would otherwise have had. When it was considered what dreadful suffering men had thus borne or inflicted upon them selves to get their discharge, it was hard to believe that the situation of a soldier was quite so comfort able as had been represented. Young Officers were obliged to attend these dreadful punishments in oral der to enure them to it ; and private soldiers, who, perhaps, would have fortitude enough to have under. gone them, have often fainted in the ranks at being obliged to witness them. He was convinced that if such a practice took place in the face of day, and the public, it must be soon laid aside, and that it could only be continued in holes and corners. He would not disguise his feelings respecting this barbarous and ignominious punishment which hung over the backs of the army, and now, indeed, of the nation' also. He would not join in covering the foulness of the cat-o'nine-tails. He would say that it must be laid aside, and it would be laid aside. What was the reform of petty abuses compared to the freeing the nation from this barbarity and infamy ? This was a subject on which all honest men, from one corner of the empire to the other, ought to unite and petition the House. He had formerly contentel !Ans i self with throwing out hints toGovernment upon the subject, and he would have been glad that they bad taken it up of themselves. Now, for the first time, he had spoken his feelings upon it openly and with 'out reserve. He thought it was time to do so, as he thought he saw an intention to baffle and elude the , just expectations of every one who viewed this subject with proper feelings. He never could consent by his silence to join in this delusion, or allow those base chains to be rivetted on the country. He thought the great benefit of the motion was, that it would lead to an abolition of the punishment; for he was convinced that if the sentences and modes of punish ment were well known to the public, the sanguinary` course of this system must be arrested. If the Gen- 1 tlemen who supported it believed the Bible, they would find in it, that forty stripes lacking one, were as many as were a ll owe d by t h at which , they them selves called the law of Gon. After many other observations of a similar nature, he concluded by cv. pressing a con fi de nt h ope t h at iis horrible and sad grievance would not continue much longer as a dis grace to the country. The system was altogether unknown in France, and how it came to be grafted upon the En g li s h Constitution seemed, from the aik horrent nature of the people, unaccountable. " How could the image of the Immortal One Stoop its celestial feature to the scourge, And be debased beneath a brother's hand?" Mr. LOCKHART was against the motion on *P i very ground the Hon. Baronet supported it, became it went to the abolition'of the punishment. The Ho.' nourable Baronet had forgot the practice of one the RICA distinguished aucieulightened nations 01 ajij thibity, to which the words refereed, sq, Lies ems." On the Continent, it had been vary usual to send culprit: to the galley:, death was also another punishment frequently resorted to, and he was sure, was it left to any man's option, there would be no doubt that he would prefer this temporary punish ment.—(Some cries of No, no.) From all the French officers he had conversed with, he had learned, that the present system in the French army was most oppressive and capricious. How could this mode of punishment be disgraceful to the nation Punish ment was never designed for a whole nation, but only for the guilty.—(llear, hear.) Whatever it might be now, after talking so much of it ; it was not formerly thought disgraceful in the army. it was only the offence to which the disgrace and in. famy were attached. With respect to the Militia, there could be no danger of abuse, as there were so many officers in that body accustomed to the duties of a Magistrate. Mr. C. W.WYNNE ) though disposed to vote for the Motion, was not prepared to say that the punishment of fleggiug ought to be wholly abolished, at least for some years. He was glad from all quarters, wh eal ., that this species of punishment was tonsiderably-di minished, and that in some regiments it was disused altogether. From the Accounts required, they would see how far this was the case. He thought in all cases at home a reference ought to be made to the Commanding Officer of the'district. Mr. WI LBER FORCE thought the conduct of the Honourable Baronet (Burdett) was highly honour. able to hi, feelings. Indeed, several General Officers, who might be supposed best able to judge of the pto priety of change, had declared themselves in favour of it, But any sudden change, he thought, might tend materially to injure the interest: of the country, and, as one of those appointed to guard thew in. terests, be could not agree to a measure which would prove injurious to them. It did appear that this pn nishment had of late very much dim;niled in num, leer; and he considered that the regulations proposed by his Right Hon. Friend (the Judge Advocate) would have all the effect desired from them. He wished he could see some system adopted of reward. ing merits as well as punishing offences. Ouch had been the plan of the hits Mr. Windham. With respect to the vote proposed, he was against it, because** was teaching the army to look to the House of Com. mons for redress. Sir SAMUEL ROMlLLYbegged to call back the attention of the House to the question really befcee them. This was not a motion for the abolition of Corporal runishments, bat that there should be laid before the : House certain papers regarding military punishmepts. One of the greatest objections to the present system of military punishment sTath that there was po limit to the punishment Courts Martial might inflict, brat the mercy of the Members ; they might order the infliction of 5, or 5,000 lashes, without ma tron], and it was most important, that they should at future know, what it is they do, and what they ought to do. HE/ (Sir Samuel Romilly) would be glad to be informed, what mischief was to be dreaded ? Wei it discussion ? The other side of the House r by their resistance to this motion provoked it, and, according to their own statement, the discussion of this subject had produced the most important benefits, since within these few years, in consequence of it, corporal punish- ment had been greatly lessened. An Honourable Gentleman (Mr. Lockhart) had said, that in the mi. litia nothing was to be feared, because the officers were frequently Magistrates, or had served upon the Grand Juries. How true this assertion was, might be gathered from the writings of military mcn, be,t quainted with the subject, among whom was Sir Robert Wilson, who had stated expressly, that c on poral punishment was more frequent in the , than in any other department of the service, and had supported his observation, by making it appear, 11 if as many men were continued to be so e annually, as had hitherto suffered, for only sus yews, the whole 70,000 men would have undergone t$ inhuman sentence. With respect to the nature of the punishment, it was almost needless to quote the "di known authority of Judge Blackstone. who had daP dared, that by the constitution of England aimpl death, unattended with any circumstances of torture, was' the severest punishment that the law allowed ; the rack and the knout were unknown, and it reopen ed for us by a refinement of cruelty to drive a we to the very verge of existence, and when his soot was about to forsake his tortured body to leap SIN? eternity, he was taken down from the halberts, re moved to an hospital, and every means take,' i) caff back life only to be again tortured.—Here wretch was left, his body mere at ease , but his nima still upon the rack, roflecting, that the Later wounds healed, the.nearer he was to the infliction the remainder of his sentence; that his wounds only healed by his tormentors that they might _ be torn open.—( Hear, hear.)—lt was mere itypoctisr to say that the minds of the soldiers would be he flamed by what passed in Parliament ; they, perhaps! would never hear it; and would those be affected Owl . were compelled to witness unmoved the suferiaessf their fellow-creatures ? The substitution of death would be comparatively merciful, for individuals had been known to fly into his arms to be shielded the lash. It should likewise be remembered, the persons who were thus degraded and torMenua+ were not voluntary victims ; they were first pelled to enter the army, and afterwards to endure punishments ; boys, who in law had no power disposing of their property, were, in the may , Per' mitted to sell their lives and liberties for a few gluonst spent in licentious debauchery. Under all these cunistances he was of opinion, that the account for ought instantly so be laid upon the table' The CHANCELLOR of the EXCHEQ I had no intention of imputing to the Honourable, denials on the opposite side any other motive in . ing forward this subject, than that of the most nourable and humane nature ; he could not, however, but think that discussions of this kind were likely t be attended with Mischief and danger. He ease , . ledged that Corporal Punishment was an evil, W was a necessary evil, and one which, in the esolits' tion of the army, it would be utterly impossible' part with, lie beliefed that there had been persons who• were obliged to undergo the , spent more than once. (Sir S. ROMILLY said, the House, that the Returns would tell him His Honourable and Learned Friend said, _- Returns would tell him so ; but ought he not told, had pine Returns before he made such glarallf. fysis . s oat Cowin - ous 0 Ca, 4IS lII= aster !clew of ids were it litgalti YF KI I 1 be Palmist. :fed iro; riot of death ual) bad led from ed. tbat inented! rst corn ! adore ifs weer of BY.. Ps' wed bk in brat nog ke• nowt" likely.. aria* as k couNi. sod* 1 . 1 1 Qua Issl 4 als ° dui t to ba° riata°