Star. — London, England, 1817-05-08 00:00:00

sal opportnnity would be afforded for considering the ve rcled c!eht ? Tr, CHANCELLOR of the EXCHEQUER 43 , t .0, are that such would be the case, as hr 11 ,, z !:t there were many opportunities afforded for independently of the present Bill. PONSONDY had no wish to invite that dis cu„,..., but Merely wished to know if this was to be c.oe? A'ttr some observations from Mr. General. and t h e CitaNcEhson of the EXCHEQUER, leave was given w t.„. / 1 1 ., in the Bill. DURATION or RLECTIONS. Mr, C. IVYNN rose, pursuant to notice, to bring fot „, r d h , s motion for the appointment of, is•orn mime to inquire into the :means of limiting the do -110 nrf Polls at Elections. Formerly, the matter was 1,3 to the discretion of the Sheriff, who acted, Illtstver, uader a responsibility to that House, - if he plittsesl it. It was then enacted that the Poll should be k t: pt open until an hour had elapsed without any r .er a : Tearing. So many abuses were practised un -42r tl•st law, that it was afterwards found necessary Declare that the utmost duration of polls should be limited to fourteen days. It often happened, how ever, that great and expensive delays were created by candidates who, though without any chance of t atistre success, would sometimes protract the poll to the fait hour. He had known an i nstan c e in a p iro ugh, where there were only 900 voters, and r6ere the poll was kept open for ten day. It was Lis opinion that some regulation upon the subject is: very beneficially introduced. In the City of Lo.ldon, for example, notwithstanding the voters wer e 50 numerous. the time of polling was limited to eight days, while every small borough bad a right to burteen. It was to remedy the ineonveniencies which wer e now felt that be had brought forward his re m motion. He concluded with moving the ap ron:talent of a Committee to consider of the best mode of shortening the duration of the polls, together sich the further regulation of Elections. Mr. WILLIAM SMITH seconded the motion, ai d instanced the practical good effects of such a measure by a reference to the custom of Norwich, vhere, though the number of voters amounted to five eximand, the election' was terminated in a day or a any and a half. The motion was carried, and the Committee ap pointed. CASE Of MARY RYAS/. Sir JAMES M.INTOSH. said, that at*, boor be role, aqd from the appearance of the House c he should oidearour, in submitting the motion of which be bad' given notice for that evening, to trespass very shortly to its attention. As its object was to seek Or farther information, he should have abstained as present from any general remarks did not the transaction it s lE to the administration of law and to the character of judicial proceeding. The case had oc. , curred within a recent period in the City of London, •and was, he presumed, known very generally to those whom he addressed, and to the public at large: A person of the name of Ryan was convicted, a Session ur two pad, of highway robbery, at the Old Bailey ; tbeciate of the indictment he did not know, nor of the time when the report of the Recorder was made, to his Royal Highness the Prince Regent. It was not considered, he presumed, a case where the inter. terence of the prerogative of mercy could be applied, and the sentence of death etas carried into eirecutioh on Friday last. An attempt to effect the escape of ner husband, by the wife, Mary Ryan, bad been dis covered, and for that offence, on the tossoona of the day on w frith lie suffered the sentence of the law, the wile was brought to the bar of Criminal Justice. To cite a person under such circumstances to trial.lo, call upon a human being. a woman too, under aA those agonizing feelings, to make a defence to is the already aggravated sufferings of her help less condition, by arraigning her for such as alleged. crime, was one, he must say, of the most inde corous proceedings, and perhaps savoured mews of the character of inhumanity in the exercise .of Bri -15,11 Jorispithience, than had ever before. *sea wit., nested in thai humane country—(Bear, hitsrikar.)... It was, lie might be told, Strictly legal...she accuse• ton was, and he• believed it was fully, borne eau by the facts; but these admissions did not *wogs its • ch aracter , because in the prosecution of the offence —. sa the tone pi bitng ag it forward, a course was par. sued in direct hostility to the spirit and principle of every just Near, hear). There existed laws its this and iu almost every country, which, if carried into strict ex e cution, were advlrse to the dictates of justice itself, and therefore to enforce the one at the "Pease and is violation of the other, would be to convert that administration, which in its pure exercise was the school of humanity and best source of moral Instruction, into an instrument of deep-felt odium and remorseless severity. punish domestic affe . c.. bon—to make w a r o n the endearing charities of life —to extinguish those ennobling peewees of the homes temp that are the best solace in misfortune end the strongest preservatives against crime, could never he Worthy of the dignified character of the Magistrate 2nd Judge— (liar, beer). Who did oat peeelleet . the case of Lady blithsdals, and applaud her eon. PFal efforts to release her husband from the Tower 11. s any other feeling but that of approbation bees I tziressed whenever that generous sacrifice was re.- Etsted ? Was, then, that approving sympathy so ger.erally bestowed upon the efforts of a Lady to L3ll life, to be denied to a similar endeavour on . ee part Of a humble and helpless woman , even !• 1 tlie lowest walk of society I—(Bar, When he reflected that alter her efforts to release her ..esuanu were ineffectual, after mercy to him was withheld, and the 4w was to take its course, the pro secution against wretched wife was not rehn 'soished, he felt he could not trust himself with cow Th:r.t , og on the character of those who pushed kr ele conviction _(Near, hear,) even before the corpse cr the husband was cold. At stub a moment to make a detente 1 they :night with as much propeiety have • demanded a defence from a maniac in the fartlikral of her disease. It made little difference whether the victim was brought from a cell in Newgato or s cell. la Bedlam. • There could be no trial, becaust 7, there , 111i1 be no deleure-and there could be noolfen ce • • kf l iuse the womai.Was not in the possession of that . natural capacity which the principles of all law p os it • tit-i) ITt 111 d He trusted he should not hear eget C 1.% tit the character of the woman—with lie was *•.( 1 11Y tiat2ttainted but of this he Was certain, that toe Iciore unfortunate tho was, the stronger Was IA tide to the protection of diet house—(Near, hear.) It might be said that there was no fault in any quar ter, and that she regretted event was the result of in evitable misfortune. He need not assure the House that he would be most glad to be so convinced.— Candour, boweiter, compelled him to say, that he was not to be satisfied in that view —(Neer ; hear.) — The proteedings in the case went to sliew, that this unseemly and shocking spectacle might have been prevented by a due foresight and vigdance. It was unnecessary to inform the House, that the Officers of the . Crown had a right to stop criminal proceed ings, not indeed capriciously, but in the exercise of a sound and wholesome discretion. They had the power, in the language of the law, to entili.a Noll; Prosegui in cases fit for the application—( Hear, hear). I Was the present then not a case which, on the most imperative grounds, called for its exercise ? He did not believe that there ever existed in this country an Attorney-General that would have withheld its appli cation, and most certain he was, that the good-na tured and humane man, who so recently filled that office, would, if informed of' the circumstances, in. ; stantly have applied the remedy—(Hear, hear).—But supposing that from the influence of some invincible 1 ignorance this remedy did not suggest itself to the prosecutors, what objection was there to postpone proceeding until the legal officers on the Bench had communicated the circumstances to the Attorney. General I It was said in explanation of the proceed lag, that, as it was the last day of the Adjourned Session, to postpone the trial would have subjected 1 the woman to a much longer period of confinement. That was very true. but a Nab Prosqui would, in 24 hours, have released the wretched woman for ever.— He could never imagine that an English Lawyer would have hesitated for an instant. She might then have been enabled to pay to her departed husband those rude honours which the ancient usage of her country had hallowed in her affection, and her ina bility to discharge which so acutely aggravated her distress. Should she ever return to that country, he feared she had a tale to tell not the best calculated to win the reverence, and to attract the gratitude of its natives, to that exercise of British law, which, when exercised in the mild and merciful spirit of its insntutions, must ever excite the most profound ve neration and regard—(Near, hear.) And surely there never was a country in which it watanore expedient that those feelings should be diffused and excited— never was there a moment more seasonable for their introduction—but it is not to our own shorei this re cital will be limited. It will be related in. foreign nationi gladly, by those who look with envied; eyes at cur national character and fame—it will be listened to by, every enlightened friend to our institutions , abroad with a sorrow mingled with surprise—(ilmr. hear.) It was, therefore, no slight incentive to his interference, to afford tbe House the opportunity of making that full declaration of the public sentiment that would in effect con'ect those impressions that would otherwise gain ground in foreign countries, by ahewiag to the world that such a violation of huma nity would not here be silently suffered—bat, on the contrary, that it could no where. bop deeply felt and so publicly reprobated, as in tbe 'Bihish House of Commons—(Reer, hear.) The Lifted and Ho . urable Baronet concluded, amillkingreatscheering, with moving for the production of 'the papers con utd with the trials, ltr.c. • Mr. RILEY ADDINGTON stated, that he was nit aware of the case uutd after the poor woman was lionsht to trial. It was impossible to make that mina, in truth, though, it might be so construed in law. The moment, on Saturday last, that his Noble &dative bad heard the first statement of the case, be instancy WA the necessar steps to have the pardon n( the Crown granted— (N ear, heer, hosr).—That eaumusication, he knew, would impart satisfaction to the Learned Gentleman and to the House— (, heer)....Hs believed truly, that it was out of a mn principle of humanity that the trial was pro d upon ;-. , first o to prevent a long imprisonment soder the expectation that her pardon, on ' illiottlettlants, would be quickly olgaltted• ' :liana= ATKINS explained theivitite pro fit the trial, and assured the Holm that the same . . ane emotions which the Learned Mover evig ra were as poignantly felt bp-the 41124 Bench, whose regretted duty it was to try...the unhappy wo nun. The Court would have postponed the trial, but as the indictment was traversed, and as her Counsel (Mr. Busy) wisely calculating on the effect of the circumstances is producing either her scream' or her sitinute pardon, urged it, they did not feel they posuessed the discretion. The Jury too, although from the unetinivocal proofs, and notwithstanding a most persuasive appeal of her. Counsel. they could not but find a verdict, still made a most zealous re eommeudatioo to mercy. He had to repeat, that his feelings in the exercise of his ditty oa the Bench, were never so severely affeeted--(then, Agar). Lord CASTLEREAGH was assured that every Us/Wm in the Hoare: was convinced that the disun ited amnion of the unhappy woman was not more olliering to herself than to the Court before which it was tried. He misted the Learoed Mover would fod that his humane purpose was answered, and that th• inquiry had gent far enough, Though a prose cutiouin the sante of the King, .the Lart . Of fi cers of the Crown had no power, he believed, to interpose. Sir SAMUEL ROMILLY said. the ease was not alone most calamitous to the wretched individual, but entributed to render odious and detestable the administration of judo, and he Mt assured that the House would feel greatly iodebied to his Learned Friend far the opportunity of relieving the character of the imuntry from the reproach. 'There wee, there mead not be any oistsure ag e tbe G0v.0.- - Go the contrary, it had in Intmanity. (Hear.) The gam, also were woody blamelies, der the wading and riflemen' tdittly ceosurnblo. (Harr 1 - 40311$ in such a east, th law of nature. la the a tpar sk owed bee husband. c y 00 Calialifial Orin' bit wholly under the husband'i I caw GI murder and treason. ____ ,___ Jury have done under thecircumstances ? And here was an illustration of the mischief of those taws that place conscientious men in the situation either of vio lating their oaths dr ofd! oonding. the most virtuous f ee li ngs of their natureslgor.) What was the !emotion of the ittclitistt that trignesaed this retolthig spectacle ? There wait not, as the newspapers stated, god as the Worthy Alderman (Atkins) admitted, peraon in the Court whose heart did not rebel and te- pulse the calamitous inhumanity, under the form of judicial proceeding. The prosecutors shoiild have considered this, and not subjected the administration of public justice to such odium and detestation.— (Hear, hear ) It would have been easy for the Ma gistrates to have suggested that no witnesses should be cane& The fact was, there never had occurred, in the history of tht law of this country, it more dis graceful inhuman event than this. Mr. BATHURS contended, that when the transaction was etigthatized with the epithets of in. humanity and cruelty, is should be viewed as a whole, and not taken detachedly. Mr. H. MARTIN said, there could have been no difficulty to have delivered her from the indictment and from trial, had there existed a disposition in the proper quarter to do sd. The prosecutor might easily have declined calling witnesses, and surely it would have been highly to 116: honour to have done so, instead of carrying on so disgraceful, odious, and disgusting a prosecution. He trusted the House would agree to the motion, because it would do much more honour to the cause of justice than by dismissing it. Sir JAMES WINTOSEI, in reply, observed, that be bad not, in bringing this motion before the House, directly or indirectly, designed to impute any blame to Government, for, on the contrary, he was much gratified with the very alert manner in which huma nity had been extended to her ; neither did he impute any iniproper motives to the worthy ANlerman and his colleagues. But while he said so it was impos sible for him to be silent when he vintemplated such an unusual, detestable, and unnatural prosecution, and it was equally impossible not to blame the very institution of this prosecution, which was directly contrary to the spirit of the law—(Rear, hear, hear.) Odious in itself, it became infinitely more Aggravated after, the Recorder's Report was made. The Magis trates knew on the Saturday that this poor man was to suffer the punishment of his crime, yet they took no pains whatever to acquaint his Majesty's Attorney. i General of the horrible coincidence between the poor man's execution and his wife's trial—(lisor, keer.)— It was a matter of no moment where the poor wo• man sat during that detestable trial, whether it was beside her Counsel, Mr. Barry (whose hitnine exer tions on this painful occasion did him honour), or on the Bench, the Ircomstance was still the sane.' The prosecution wet, he understood, carried on at the in-' stance of the City of London ; and why had measures, not been taken to prevent it coming on at all ? Ho manity itself might have told the Judges to suggest. to the prosecutors the propriety of ulling . no wit. ceases. He was shocked to bear the lenity of her punishment adduced is an extenuation of -the highly aggravated transaction— (Hear.) The punishment itself was a matter of no moment, for the trial was a severe punishment. What a most appalling spec tacle did she present while arraioned at that bar ! But a few hours before she stood in the endearing connection of a wife, but at that bar she stood an un happy, defenceless widow, with her crphan child at her breast ; her heart wrung at tbar time with the most agonizing sensations, when she turned to the' melancholy fats of her husband Ind looked on his erre gd infant in her meta—(ifeer s . hear.)—Goad Goo I was it possible to conceive a situation more truly distressing ? and was the House then to be gravely told, that the lenity of her punishment was an extenuation of the • aggravated nature of the cue ? (Hear, hear.)--Inilination itself could not conceive a more horrible punishment than that inflicted on her by her being placed at that bar. The House might dispose of the motion he had made as they saw pro per, but he should consider himself guilty of levity in withdrawing it, particularly because nothing had been explained in the slightest satisfactory manner. It appeared to him that his object would be defeated if he consented to withdraw the motion, because he. wished that the House, by adopting it, should make a public declaratica of their opinion, and hold up this, fatal, this horrible transaction, as a warning to Magistrates in fotare. On that account he was de termined not to !withdraw it—(Hear. hear.) Lord CASTLAREAGH—I think it proper to say, that on a question of this serious nature I shall give it my support, rather than cause any difference of opinion in the House—(Lead crier .f Hear, hear, from all silks of the Mows.) The motion was then unanimously adopted. FINANCE INIIIMITTJUL Mr. DAVIES GILBERT brought in a Bill for abolishing the Offices of Chief Justice in Eyre North and South of Trent. Sir JOHN NEWPORT could not avoid umbrae big the present opportunity of stating, that he did not see the propriety of so many Bills, because he would ask, whether it was not possible that the Lords might take ow Bill only, and pass it along with the Com peasation Bill, end• throw out all the sea ? This de 'weird . serious consideration, as the country would sherd* be additionally burdened. •He suggested this saw, as swarthy of the attention of dot C,ornatinne aadAS die House, iwordet that be *iglu not here after's...Singed with neglect. In troth, be was of opinion whit be now stated was very likely to happen. Mr. D. GILBERT was not- aware of there being a probability that this would be the can. He thought the plea of separate Bills was by far the better way of going to work, and he flattered himself the House bad 'a poirer of making the other House do their doty..-(Cries of Order, Order). , Mr. YONSONBY would merely say, that he re membered when the Bill introduced by the Member for WU Castle was in another place, the highest authority in that place objected to it, as taking away from the influence and power of the , Crown. There was not sibare possibility of what his Right Hon. Friend had suggested would take place when the Bills went to the Lords, but in truth there was every probability—((fki Mr. HUSKISIKIN'., observed, that the idea sug-: gested by the Right-Hortourable Gentleman on the other side (Sir is3qtrieport) had not escaped the no tice of the Coosrefittee:-, Wish respect to the object being coomined in several Bills instead of one, he begged to say, that that plan bad been approved by the Member foe. Code Castle. it was impossible to have done all that was to be done by a single Act, in cams, fee example, where many offices; such as the Enbeqbei of Ireland, snare to be regulated.— Mu It the Witt Honour. Suppose tint lag itrown foible denticmatt teal to be itatizedi he trusted th e House would take Measures to prettentstich as act from becoming the law o! the lai,d. In the Hotitei even should it become alatv, it was iipen for Mem. bers to bring in a Bill for repealing that 14w. Pro. bably he would be told that that fill would dot be sanctioned by the other House. He would only re ply, that this was dwelling on extrettit canes, and had no connection with the case before them, and it was impossible to estimate the hindrance to public businest which would be effected by dwelling on :nth cases: Mr. J. P. GRANT contended, that the objectiod to the division of the measure into so many sepal , rata Bills was very serious. Th e Hou s e of Loyd! I might be placed by it in a very difficult. sitoatiod-4 To• some of the Bills of abolition or regbiatioh the? might entertain an objection, but they would be una ble to carry that objection into effect, by rejecting those Bills because they could not alter the Compen. sation Bill in correspondence, that being a mone? measure. He saw no reason why all the Bills coule not be consolidated into one. Mr. BROUGH AM, in voting for the second ?tad. ing of the Bill, reserved to himself the right of discus sing in a subsequent stage of the measure, the prin.; eiple of saving vested interests, to the adoption of which principle he could by no means consent, miles! he should find that it was inseparable Ironi the *bob.- don of the sinecures.--The Bill was then read a firsi time, and ordered to be real a second tithe on Toe* day, and to be printed. Mr. D. GILBERT then brought in I Bill for thif abolition. of certain Offices in the Exchequer in Eng. land and Ireland. On the motion that it be read a first time, Mr. TIERNEY declared, that no man could cloche that the real object of subdividing the Illiattlle into on many Bills was, that none of them should ulti. stately pass: This was evident from the manage: ment in the Cotranittee, from the delay that bad taken place, and from the Report, after all that delays containing no novel matter. It would be June be fore all the Bills could pass that Horse. Was it treating the House of Lords with common decency to send them ten or eleven silts to agree to at so late a period of the Session The Bills might have ene mies there—there might he parties in the House cf Lords as well as is that House. He did not presume positively to assert that there were, but he bad cer tainly heard such 'a thing whispered—tit so, and if the Bills sliduld create discussion, then, considering their number, was these any hope that they could all be g_cirthrough with? The CHANCELLOR of the EXCHEQUER 'maintained the exiiittiency of keeping the varies* propositions which'. itie Bills involved distinct foist each other. Weritfie Bills consolidated, instead of being clearer, the *hole would become complicated§ confused, and unintelligible. -Sir J. -NEWPORT ridiculed the 'division of the measure into so many Bills, and contended that it was done only with a view to stage effect, and to make an impression on the public mind that a great deal was accomplishing in the way of economy. To she , best casytitieouldle to consolidate the 'erica: Prci . P9•Oittnt 3 n:one Bill, he adverted to the Bill whith in ISM he bad himself introduced into Parliament, which Bill %mato abolish 96 offices, and to regulate above SO others, *hien Bill bad been practically i aCtedlllloll. and found not to require ansendesewt. Mr. GOULBURN denied that the.ditision of the measure into a number Of 'Bills would increase the difficulty of its adoption. Lord MILTON asked whether the Honourable Chairman of the Finance Committet- meant that the Bills which he had inuodaced, and was about to in troduce, should b passed in succession, of should proceed Mori pares t lithe former—if the other Bills should be first sent to the House of Lords, and the Compensation Bill teserved, their Lordslbips might hesitate to agree to those bills aholishing offices, until they had the means of knowing what compels" .s4tiOn it was intenticd to give to the holders of them. Hg. was at a 19"k3&conceive what objection there "saisld be to compospnd the Bills in one. , -Mr. D. GILBERT replied, his object was to ad- Taus the measuqp Atri passe. The other Bills were not completely.reaill,,but he trusted they would tee so to.morrow or neat day. Mr. BROUGHAM said, that it was impossible, in the nature of things, that these Rills could pen. cced Agri pens, because they must come one aftet another. (A kigh.) Ten Bills could no mote be brought through the House abreast than ten b ,tta lions of infantry. Without having had any commu nication with his Honourable Friend, the Member for Waterford. he had conceived precisely the same opi nion as his. namely, that the whole of this transacin was contrived for stage effect, and to catch a little sneaking popularity, by spreading the reductions into ten or eleven Bills, instead of comprehending them in one, and thus making them go as tar as possible. Mr. HUSICISSON defended the Finance Corn-. mittee from the imputation of any unnecessary delay in their proceedings. Their Report bad been six weeks on the table, although various ocenuenees, some of them of 'nature lamented by all, lead pee. vented it frosts having betas sooner takint' into'Consi. Aeration. He congratulated the Right Hon. Gee.. datum opptisite (Mr. Tierney) on the recovery of his good humour. On the only occasion on which that Right Hots. Gentleman had attended the Committee, he appeared quite disconcerted to find that the men. sure of abolition had got into such hands as to render its succeu highly probable. Whatever might be that Right Hone Gentleman's wishes, he (Mr. Ruskissots) was confident that his prediction of the failure of the measure in the other House would be disappointed. Mr. TIE RNEY repelled the ttnirarrantable attack that bad been made upon him by the Honourable Gentleman. If the Honourable Gentleman said that he (Mr. Tierney) was not anxious for the abolition of the Sinecure Offices, Ise defied hint to make good his assertion. On %himself day on which he had at minded the Coinmstneslnen he hoped Goo would for , glen him for having attended at all) he put himself Bader the wing of therMitiourable Member for Coifs .saisisle, who he knew:eties3n earnest on the subject. It Was his earnest desiiii:that the measure should be -adopted ; but it was also his firm conviction that in • the hands of Administration it was a mere juggle. Mr. HUSKISSON, in caplinations•soid. that de * .Right Hcinuorable Gentleman was diiconcerted wh oa I be mood the proposition in the hands of, I,s e ceight Honourable Friend. Mr. TiERNt:Y denied the isiitibti, and tolled evinced great and prompt Cho Magistrates who teed the blameless; but he refiksktonsi. wseverente of the poisipcors" Imr e heat.) llivot 1 ;0 be it, the helpless er• the attachment au . .• '.g..,•tr e Iwo'. the law sec. ;her ay crime, because .) ailed 'island's influence, . the reason. What elk could the