The National Register. — London, England, 1818-02-02 00:00:00

' '~ l ----- Mr. llitovc RAM said he heartily and sincerely concurred in the motion. and felt that it would he iinpei tinent and trouble some to tresspass on their patience, by saying any thing flu sher on lie )11*. CALCRAFT spoke warmly to the same ef f ect. The 'tuition was then put, and agreed to unauiunmsly, sc. veral voice* on the opposition side exclaiming iivemine contra di,ent,. Lord Joists Tiny s say nas appointed to pre►ent the :Message to his Serene PARLIINIENTAItY 1117.E0101. Sir FRAWCIA that the soffit:et of Parliamen tary keloriii, which occupied so untch of the public iotention at the volume' cement of last se•siou, lIHJ been attempted to Ire set aside by the coersive measures resorted to by Mills ters. the petition he held in hi, hand wait suh•cribeJ by 20 person* (inhabitant* of Bath) the number allowed to a►sem ble node'. the %eye, CID( legislative acts oil the solojeet. The petition was then brought up, read, laid un the table, and ordered to he printed. Another petition from the same place, and subscribed by the •aunt 1111111111:I, wits then pre•tuted ; and seven similar pe. anima from the saute place were afterwards laid con the table at once. Adjourned. 'fitrititnaY. ITABEAS CORPUS SUsPEMION REPEAL. BILL 1 Nlessage WA% reveled from the lI i,i a of Lords, sluing the passing of the Art to repeal the Act for the Suspension ut the Ilaticas Corpus Act. The CHAtoCELLOR or the EXCHTMER moved the first rending ut the bill. Ile uished to defer particular observa tions to another stage of the proceedings. The bill was read a first time, and un the motion for the second reading, a short conversation took place. Sir 'W. Burroughs, the Chancellor of the Exchequer, and Mr. "tier toil made some observations in an inaudible tone of voice. The Chancellor the Exchequer then observed, that he ap pi clieuilvil some communication would.be made to Parliament on the subject of the internal state of the country on Mon- day. The Bill was then read a second time. It was then ordered to be committed ; and on the question fur the Speaker's leaving the chair. Low n Fotioicrone rose and said. he was rather snrprited, conside in; the time when be ....freed the Howe, that this as a matter of public business, had proceeded so tar, as it was not exactly conformable to the 111/!!(11 practice. It ',tight appear as if • there aas a' kind of fear .of disci's...ion or e,ppusit inn to it. He could not think that the hare repeal of the Habeas Corpus $111411:11A011 Act was enough. Something appeared to be tine to those persons who had sniff:red by ap. p ru .ben.ien and confinemeut. The St•caaee put the crestion again; and, after a few wools ta nun Mr. Tierney and the Attorney General, Lord CaSTLIBIAL:%GIi, after some observations on the prin ciple of the Suspension Act, observed, that the present bill hot its repeal had for its object to restore the law to its natural stud tonal course of operation; and that any appl,cations might now be made to the Courts in the regular way. BR ouGIIA NI observed, that the Suspen , ion Bill took away Si, important safeguard to the liberty of the subject. It de prived him of a legal remedy. The detainers could say to the detained, we can keep yon till the Ist ut• March, or you may go out up•'n our conditions; yell shall pay a hundred pounds, or go down on your knees and beg pardon, or enter into reciiniraliees 10 appear on the first day of term. ann so Oa. Was that the inimediese result ot• the Act? Did the Art give such rower to Magistrates? Ile had understood that in one or too cases tin• alternative offered to the detained hail been rejected ; and there was a ease which would, he believed, eliottly come under their notice. concerning the condect of a certain Justice in Luildon towards three bull viduals. • • ( I lear.) 'l•hc Sataccroir•Gew Eitel. said, that supposing no art for to Sp. oiling the Habeas Ceiling Act had been passed, would • the Secretary of State have possessed tits saute powers in eases 4.1 apprcbeosiun or 1 oniniittal for treasons? The Act c: not, iii such respet•ts, confer new powers on the Secretary oe . Stale. 'l•he Act se at. not passed to enable to commmit, het only pr: vented the privilege: , of the Habeas Corpus Act. Sir W. Menet:Gus .reed that the Act did not confer new ',osiers to commit. Itot time Secretary of State had thought fit of his own atithoi its , lit 311111 a a comidion to the release of persons apprelienrit d 1111(1 detained, which it did not appear that he had a legal power to do. He could not agree with what appeared to tie the opinions of the Attorney Gene• cal, a , to the pea cis of the Secretary of State. He knew tutu powers to that extent, except in the Court of King's Ili orb. ilt. LoCKHIIIT agreed, to a certain extent, with the So licitor General, that the question as to the recognizance' did Tint flow from the Suspension Act, but might but considered re a question at common law. Sir SAMUEL Riven ist.s . commenced by observing, that the fill winch the ) were now called upon to repeal, was origi• ually altogether uncalled fr, and seemed to him to have been intended as an experimtat•nt upon the patience of the country. The eunntry had existed now near 12 mouths under the tyranny of this firradtel statute; if still had Lite misfor tune to exist under this statiste, and the exercise of the ar bitrary powers contioTed by it hail continued till with:u a few days. 11 appearea that since the month of June last, there ex isted t int a sit chew of a pretext for its contiimance ; *wee that period there had been no insurrection, uo appearance of disaffection ; at least not such as came bettor the public notice ; and had not such spirit existed, their was wel t &mitt but we should hare heard of it, as there a ppea l ed l ot a certain quarter an extraordinary alacrity in divulging plot• sad conspiracies. Let it be remarked, and the et mark was well w, aiity tit attention, that it o :is in the suentli of „little that the eiiiiilact of Cerlani einissaiies of Government were exposed; lions that time we have ceased to hear of the trinveinents of the discontented—of riots and insurrections. (Hear. hear, heat.) Mr. B. li t i 111.:Itrr said it was the practice of the other sif e el tut 1040 , e le represent this incactire as se Ling its supporter". in ariav the reop:ri ; but this was uneandid *bit on ilia. II was not sgaiost She people that they were Inrni►hed with this discretion; but against the deluded part of the people, and for the benefit of the public at large. It had been aeserted, and with great confidence. that all the mischief • which hail occurred had its origin in the artful machinations of a certain individnal, whose name had formerly been mentioned in that House. H,: had no difficulty h 1 assertikg ••pposiiion to Al: this clammier. that that individual 114(1 d•i a no mischief viluitever ; that 011 the coutiary br 114(1 Cleat service ; and the he had disclosed conspiracies at wit eh he had y ifiritlentally and accidentally liven preset t, fee surely little weight could !attach to the (info 'innate ne e-taxation' of Ilse own dyingat Derby. besides that they were 4117 disrova by thus own eats bins statements. It had NATION T. REGISTER' been stated that Government ceased to employ spies in the meuth of June., and that from that period the country re mained tranquil : but•the real cause of this tranquillity was to be found rather iu the Sneirension of the Habeas Corpus, and the salutary apprehensions of the trial which war-then hanging over the di•atlected. After a few words frsin Mr. Tierney,. the House resolved itself into Connnitlx Of the whole house- In a few minutes the House resumed and, the qnestios was put that the Bill be read a third time. Lord Fotaarriez then proposed A clause to the following effect :—that all ;mimes bound by recognizance' under the Suspension Act, be henceforth completely discharged from these recognizaners, but that this clause should not apply to any other reeuenizances. Lord CASTLEREAGH observed that the clause proposed by the Noble Lord placed the Honse in an extremely awkward situation. In such a case the horse would actually be legis lating on a subject the legallity of which remained to be dis ' cussed in a Court of Justice. Mr. 'II re Sr UV observed, that some of those poor unfortunate men hail been more than 12 months in contimnent, during which their families were left unprotected and starving. It was therefore a questi )))) not su much of justice as of ha nianit y. The ATTORSIFY GENERAL was far from supposing the recognizarrees illegal. God forbid he should defend any illegal Act. Suppose that these men, instead of being dis charged, were still in prison, could the Noble Lord propose a clause for their release in such a ease lie knew lie could not. All the effect the repeal could have in such a case, was to leave them to the common operation of die Habeas Corpus Act, us if the Suspension had never taken place. Mr. BROUGHAM laid, that the claw proposed appeared to him a neeessary part of the Bill, in order to do away with the Suspension. He said the Kine's Bench had the right to try the legality of these recognizarrecs. But when applied to they worth] say, " We can gi se no relief, as you eutered voluntarily into these recoellinilleee." The SOLICITOR Gem Ertel. observed, that the Learned Gentleurair hail now placed the argument on the ground that the recognizance. were voluntarily entered into, and that, therefore, the Court of King's Bench would refuse redress. On this point, he was ready to joie issue with him, and would assertos ithout fear of contradiction, that the Court of King's Bench would not redress on such a ground. Lord Foiasainie ruse to say, that in order to save trouble, he world withdraw the clause, It' the Attorney_General would statethat lie was ready to move the Court of King's Bench, to have all the recognizances discharged ; but if the Attorney General only meant to give his own assurance that the recog• uizatiees would not be acted upon, he should feel himself compelled to press the clause. 'flu,' ATTORA EY•GLN ER AL said, the nature of the Case had been misunderstood. if it was supposed that the pet sous in ytivstion Irad entered into recognizances for their good be has lour. Their recognizauces we re only for their appearance in Court to answer troy charge that might be instituted against them. Lord Foutezne F. withdrew the proposed clause. The Bill was read a third tune, and passed. GRIEVANCES ENDURED UNDER 'FIIE SUSPENSION OF THE HABEAS CORPUS. Lord FotasToet preseuted a petition from Francis Ward, lace maker in Nottinclimn. Its object was to complaiu, not of the Suspension but or /lie ti eminent the petitioner had e•perleneed and the praYer of whirls entreated the consie tieration tof the house to the hardships the petitioner bad endured. Lord FOI.I[EsTON presented another petition on the very same subject. It Wait from several inhabitants of Nottingham, who stated Francis 'Ward to be an inditstrions, sober. hard work Mg man, very respactable according to his situation iu lite, and by ito means disposed to enter iuto any schemes hostile In the Government, or bijou ions to the peace and good order ot society. Iris Lordship then gave notice that he nook' on this day se'unight move' for a committee to Inquire into Use subject of the locution. Lord A. HAMILTON, in giving notice that he would .14) the 12th of February move for the produetiou of papers eatuoiccied with the reform of Scotch boroughs, begged that the House would not be alarmed at the word " reform," fur it was not iu this case neeeessarily connected o ith the reform of that House, lie gave notice that on the 12th he should move for the pro. diection of the papers in the possession of Government respect ing the borough of Montrose, in whirls the work of reform had first appeared. Loud C‘sTLEtte AGM, not being conversant with the sub. jeer, could nut say whether the papetx mentioned could be 'sunhat ed. Nlr. BENNET presented a petition from the parish of St. Ando eo , Holborn, against employing climbing boys. Mr. V. FITZGERALD obtained leave to bring iu a Bill for sus. ' pentline the operation of the Irish Grand Jury Presentment Act of last session till the next session of Parliament. Mr. GItENFELL enquired (lithe Chancellor oldie Exchequer whether the Bank of El:gland intended to sesame its cash pay one its on the sth July next, as fixed by law. The Cit ttifel.l.otl of the EXCIIEQL ER could assure the House, that he had the satisfaction of knowing, that the Bank hail made ample preparations fur resuming its payments in rash at the period fixed by Parliament. lie could at the same time add, that he knew of 110 thing either in the internal state of the country, or in its political relations with foreign powers nbieli would render it expedient to continue the restriction beyond that period. It was well known, however, that financial measures and pecomiary arrangements were in a course of preceeding amongst foreign powers, of such a nature as might, by 'muddily, make i' (pest ion for the moisideration of Parliament, %hillier the restiletion ought to be further continued whilst the immediate edicts of ouch arrangements should be in ni , eration. The SPE:AKE'? informed the House, that he had received a letter from the Marquisof Hastings, dated the fithof February, acknowledging the letter of the late Speaker, which conveyed to him the thanks of that House, for his successful ado ai oo lion of the Nepatil War. The Noble Marquis iliSelollited every prctentiou to so exalted an honour, except all vainest anxiety to maintain the British interests in India, and uphold those military trophies which had been previously ucquired by his countrymen in that distant quarter of the empire. He could toot tail, however, to recognize in the vote of the flutist' that Is hit al policy witch always induced them to fasour welt the n' apltiobatiuu the indications of any zeal, however hunt. ble. Ile shoeld carefully traiismit the thanks of the Huose to General OnclittaJony, :11141 the other tams engaged in the ar, who, altlnhight they could lint set let a greater than himself, would undoubtedly 'etiolate at a jot liver value, the reward cionterred quoit their exertions. Adjourned till Saturday. FEB. 1. SUSPENSION td the HABEAS CORPUS.ACT: COURT OF KING'S BENCH, SATURDAY, SA.x. 44. About three o'clock Lord Ellenborough intimated that he had been informed that there were some persons in Court de.. siren's of making motions; if so, he would hear them then. A man of decent appearance, dressed in black, with hi► hair powdered, then rose, and said he had a motion to make. He was not prepared yesterday. He had not money enough to throw away ten pounds in employing others to represent his intere►ts. He wrote to Lord Sideuunth, to consult hint how he was to act; but his Lordship declined an interview► with hulk Ile had applied to his Lordship (Ellenborough) with the same view,. but his Lordship had said, that he was. not a costusellor ; that it war not his duty to give advice, bat to sit as a judge. Under these circumstances, he had again. to present himself to their Lordships• notice. Lord Ellenhorongls.—We cannot listen to the interlocutory speeches from every individual who may think proper to ad.. dress us. What is the motion yon have to make ? The persunia rpiestian. —My Lord, I beg leave to move, either that L may lse discharged from the recognizances fete which I have bees forced to eater, or that I may be brought to trial forthwith. Lord Ellen boron gh.—On what ground do you move to have your recognisance* discharged [The Attorney General at this moment entered the Court.] Lord Elienborough now a►ked the name of the person who addressed him. The man answered, John Johnson. Lord Ellenborough.—ls there any recognisance of John Johnson before the Court? Mr. I)ealtry, Clerk of the Crown Office, looked among his papers, and answered iu the affirtnative. Lord Ellenborangh.—Kead the recognisance. Mr. Dealt ry theta read the recognisance, which waft taken before E. T. Lyon, Esq. at the Castle of Exeter, cad bound the defendant, John Johnson, under a penalty of 100 L to aft pear in his Majesty's Court of King's Beech on the first day of the present term, to answer all and every thing which Watt he alleged against him, and there to attend from day to day until diseltat ged. Lord Ellenburough.—Now what have you to object to this recognizance? Mr. Jolanson.—l wish to state the circumstances under which my imprisonment took plate. I have prepared an af. Idavit on the subject, which I ant desirous your Lordship should hear read. . . . .... Lord Ellenborough.-1 yesterday captained that there was no occasion for the parties under recognizance to attend till further called on. . . ......... Mr. Johnson.—l call on you to read my case, which is stated! in the. affidavit I hold in my hand. Lord Ellenborongli.—What object is to be derived from hearing the affidavit? Mr. Jobeison.--The object which I have in view is to have my recognizalices cancelled, or to be hrought to trial as suca as convenient. Ido not mean to be impoi innate. Lord Ellenborough.—lt must appear that we have a right to cancel your recognizance before it can he. dime. As toy bringing on to trial, t ha' is not in our power. Mr. Johnson.- I pi esume you still give lilt :v decided answer. Mr. Justice sou show us ;toy grounds upon which we shall be authorised in drawing tlse conclusion that the recognizance into which you have entered ought not to have been taken? _ ~„...-...... Mr. Jobwon.—l do not pretend to say that there are any such grounds. Lord Ellenborough.—Then you arc in no condition to make this motion. Unless you can show us that your recogaizatice has been illegally 'alien, we have nu n iglu to disturb it. We cannot have the time of the Court thus wasted. Mr. Johnson.—The object which 1 am desitous of obtain ing is of vast impos twice to me. Mr. Justice liayley.--Yesur application is confined to twO things :—first, that you should be briniest to trial forthwith, To this you have reeeived for answer that theoConrt has not the power to bring you to trial. The second thing for which you apply is to be discharged from your recognizance, and 'won this your answer has been equally cyplicit; There is no ground upon which the Court eau comply With this re quest, unless you can svtisty us that your recognizance has beets illegally obtained from you. you say your affidavit does tint go to show that there has teems at illegality in the mode of taking your recognizance:, consequently we can afford yon no redress. Mr. JolillSO.J.—'Theo I must certainly beg of the Court (as I shall remain in town, and be its attendance from day to day. as toy recognizance requires) to allow me the means of sumo ting my - sell. It would not by prodent of me to return to,nigi family, and still to have this recognizance held ever my head. It is my decided uish, if my recognizance can't be dischaiged, that Ibe brought to trival. Las the Otte' nil, 1 hope your Lordships will afford me the, means of living cuitiforta ' hly. Your Lordships will not think this request unreasonable. Lord Elletiboi ()min.—Vent application, if not UnteilSoll4- 41e, is certainly an extraurdinady one. Ihe Court have no power to comply with your desire. Mr. Johnson.—Theo your Lordship means to nay that you refuse to grant any one ut any applications? Lord Ellenbormigh.—l mean to say whist I have said. The Attorney General now addressed the Court as fol lows:—" My Louis, 1 had no 'wave whatever of any such motions as those which you have heard being about to be made this day, save what I &lived from the ordinary chau lids of public iatformistion, in which I saw reported that which occurred yesterday. Its consequence of what 1 thus collect ed, I felt it my duty to attend here and to state, that I have every reason to believe the gentleman who has beets making these applications hail notice before lie left Manchester that his attendance in Court would not be required." Lord Ellenborougli.—Then the inconvenience and ex pense of being absent frotn his family, is attributable to himself? _ . 'flee Attorney General.—So I believe ; and I believe that every other gentleman who entered into recogiiihmices under similar circuilwances received *like ColllllllllllCitlion. Mr. Johnsuit.-1 do not mean to deny that. Lord Elleubmough.—'Theo dime is an end of this business. Mr. Johns/in.—But I wish to state the nature of the notice Which I rec. ived. Loath Ellenhurosigh.—Really the time of the Court, which belongs to other Noutors, ratolot he thus troika %,ith. We have iii aid your motion, and have giseii you the uhiy answer .st it hieh it is MIACI plibly. ~.0 1 91ifison.—Tlieo I a tirruse I must submit to the comic. &Invitees. 'll4 her persons, named Johu Roberts and Samuel Brown, t ade *tinnier motions, which were reject , d. Other persons sere prepared to bear the sitax .:,.mr!t, ::..:he Lc art would net Lear thew. I /{ f