The National Register. — London, England, 1818-02-01 00:00:00

w .. __ , _.. ~ . - . Mr. al M said he heartily And sincerely concurred in the motion. and felt that it would he impertinent and trouble some to tresspass on their patience, by saying any thing Wi ther on the subject. Mr. Cvistexyr spoke warmly to the same effect. The 11104iCIO was then put, and agreed to unanimously, sc. yr al voices on the opposition side exclaii ll ill g oral c t •,..7te. Lord JOHN 'lnv tiNe waN appointed to piescut the Message to his Serene Highness. P IRLIIMENTARY REEORM. Sir FnaNcis lionusr•r saitl.that the subject of Parliamen tary Helene, which occupied so •h of the public attention nt the commerce:tient of last sessin, had been attempted to be set aside by the coercive mea-twes resorted to by Minis ters. The petition he held in his baud wat subscribed by 20 persons (inhabitants of Bath) the number allowed to assem ble under the severest legislative acts on the subject. The petition s as then brought up, read, laid on the table, and ordered to be ininted. Another petition from the same place, and subscribed by the 'attic number, was then presented ; and seven similar pe. titions from the• same place mere afterwards laid on the table a: once. Ailjenrncd. Tilungn AY. lIABEI.S CORPUS SUiPENSION REPEAL BILL. 1 A Message was received from the House of Lords, elating the passing of the Art to repeal the Act for the Suspension of the Habeas Carpus Act. The CHANCELLOR of the Exenr.Quett moved the first readirg of the bill. He As i-hed to defer particular observe tone to another stage of the proceeditets. 'lke bill was read a first time, and on the motion for the second reading, a short eonversatiun took place. Sir W. Burroughs, the I liancellor of the Exchequer, and Mr. Tier ney made some observations in an inaudible tone of voice. 'the Chancellor the Exchequei then observed, that be ap p. eliended some connu ntlication would he made to Par'HlM ut on the subject of the internal state of the country on Alan day - . The Bill was then read a second time. It was then ordered to be conituitted ; and on tile question for the Speaker's leaving the chair, Lon?) Foteisinee rune and said, he was rather surprised, e ensidering the tine when he entered the House, that this 11.11,as a matter of public business, had proceeded so tar, as it was not exactly s•onformehle to the usual practice. It might appear as if there was a kind of fear of discussion or opposition to ii. Ile could not think that the bare repeal of the Habeas Corpus Suspension Art was enouele Something appeared to he due to those persons who had suffered by ap. prehension and confinement. The SPEAKER pia t:.e q estion again; and, after a few worth from :Mr. 'Tierney and the Attorney General, Lord CASTLEREAGH, after SOilie observations on the prin ciple of the Suspension Act, observed, that the present bill let its repeal Mal fur its object to restore the law to its natural and usual ermrse of operation; and that any applications :night now be ma de to the Cultists in the reettlar way. BROEGIiA•I observed, that tht.Stispension Bill took away an important safeguard to the Itlosrty of the subject. It de. priced him of a legal remedy. The detainers 'multi say to the deemed, we can keep you till the Ist of March, or you may go out upon our conditions ; you 'shell pay a hundred pounds, or go down on your knees and beg pardon, or enter into reeoguicastees to appeal* on first flay of term, and so en, Was that the hums:these result of the Act? 131 , 1 the. A( t give such power to Nlagistrates ? He had understood that iii line or t s‘o cases the alternative offered to the detained lied been rejected ; and there was a case which would, he beiie% tel. shortly come under their notice, conce • g the cote:vet of a eel lain Justice in London towards three vidnals •- 'fh.• Sou( floe-GEN Elle 1. said, that supposing no act for thepentllliC the Habeas Cello's Act had been passed, woold not the seetetary of state have possessed the same powers in rases of apprehension or committal for treamur ? The Act iliti not, iu such respects, confer !lest pilWeti oil lime Seetelary of state. Tile Act was not passed to tliabit` to I'oll 111 l it, but only pr: vented the prii,ilci.es of the Habeas Corpus Act. Sir 11'. Befit:in ittlA a reed that the Act did not confer new powers to centime But the Seri etatA of !ii:ate had [bought lit of his 'own anteint its, 1,1;111111'N a V.11(1.0.1111 0 the release of perom, upprehencl il and %%Melo it did not appear that he had a It•eal pots et to do. Ile could not agree with what Appeared to be the opinions of the Attorney Gene ral, as to the pen era of the seeretary of Stale. He { t wee no powers to that extent, except in the Cuurt of King's Mr. Loran SRT aereeil, to a certain extent, with the So 'miter liveeral, that the questieu as to the recognizant-es (lid not flow from the Sitsneission .‘et, but might be considered Is a question at common law. Sir SAMUEL RoMILLy continent.ed by observing. that the Bi.l which they w, lt!. now called upon to repeal, was origi • • alto ether tnicalled for, and seemed to him to hove been intended as an eeperino tit upon the patience of the country. 'the country had existed now near 11 months under the tyranny of this tireadrul saatille • if still had the misfor. time to exist under this etatote, and the e xercise o f the ar bitrary powers ennferred by it had continued till within a few days. II appeareu that slice the month of June last, there existed oat a shade of api etext for its continuance ; sines that period tiers had been no instil recites), no appearance of d.saffection ;at least o u t such as came hetet* the public eotiee ; and had nut such spirit existed, their was •en little doubt but we should bate heard of it, ns there appeared in a certain quarter an extraordinary alacrity in die ulgieg plots tad conspirateee. Let it be rental ked, amid the remark was well w 1 thy et attention, that it war in the month of June that the comlnet of certain entirsaries of Government were exeosed ; limn that time we have ceased to hear of the tanveytteuts I.! roe discontented—of riots and instil sections. (H. are hoist. heals.) It. rut. /tar said it was the prect ice of the other side settle hens/ m rrpie.rnt this measure a• se.ttnq its supporter/1 in .irrlt 40111131 the people ; but this wer uncandel and sin jii.t. It WAS 1111 l ARaiust the people that they were tin oished willt this discretion; but egeinst the deluded part ot the pe..ple, and (et the benefit of the public at large. It had been .sseested, roe with great confidence, that'll the mischief which eatt occurred hail its origin in the artful machinations of a el atoll) itrhvidual,whose 111111 P had form. rte . been mention' (11 in that 11,,u.e, lie lath hi asserting in 00 .. so 'ten to .1:1 Iles el toutur, Hist that initivideel had doer ineestinse w hates er : that en the routiary lie had d.eie st that his lia.l fee u uti•teliaries at witch Eased .$11soo tbet;11 present, for sourly t.• mold att“eb , IC . clarations of no Ham ds iteot Het i5..1.1. s that they erre filly shavesed l ; their own Its' lvha tlialtitielltl. It ha. THE NATIONAL ftr6ISTER. been stated that Government ceased to employ spies in the mend' of June, and that fi utr that period the country re mained tranquil : hut the real muse of tbis tranquillity was to be found,rather in the SRN:ensue of the Habeas Corpus, and the salutary apprehensions of tie trial which was then hanging over the dt-atierted. After a fevrv;Wrils from Mr Tierney, the House resolved itself into Committe of the wkole house- In a fewminutesthe Iriouseresumed and the qnestion was put that the Bill be read a OW time. Lord FOLKSTON'S then prolused a clause to the following effect:—that all persons bound by recognizance' under the Suspension Act, be lienceforti completely discharged from these recognisance', but tha. this clause should not apply to any other recognisance'. Lord CASTLEREAGH observed that the dense proposed by the Noble Lord placed the Hoist in an extremely awkwaid situation. In such a ease the house would actually be legis• lating on a subject the legend/ of which remained to be dis• csiwied in a Court of Justice. _ _ . Mr. TIED n ET observed, thatsome of those poor nnfortnnate men had been more than 12 months in continment, &ring which their families were left unprotected and starving. It was therefore a question nut so much of justice as of hu manity. The ATTORHEY GiNIIRAL was far from enpposing the recugnizances illegal. God forbid he should defend any illegal Act. Suppose that these men, instead of being dis charged, were still in prison, ronlol the Noble Lord propose a clause for their release in such a case Ile knew lie could not. All the effect the repeal could have in such a CAMP, was to leave them to the common operation of the Habeas Corpus Act, us if the Suspension bad never taken place. Mr. BROUGHAM said, that the clause proposed appeared to him a necessary part of the Bill, in orde r • to do away with the Suspensiou. He said the King's Bench had the right to try the legality of these reeogni2ances. But when applied to they would say, " We mail give no relief, as you entered volontarliy into these recognizanect." The SOLICITOR GENERAL observed, that the Learned Gentleman bad now placed the argument on the ground that the rccognizanees were voluntarily entered into, and that, therefore, the Court of Bench would refine redress. On this point, he was ready to join issue with him, and would assert, without fear of contradiction, that the Court of King's Bench would nut redress on such a ground. Lord FOLKSTON& 1 OSP to say, that in order to save trouble, he wouldwithdraw the clause, It the Attorues.Gentral would state that he was ready to move the Court of King's Bench, to have all the reeognizauces discharged ; but if the Attorney General only meant to gise iii 9 05511 1111SIIIIIIIre that the reeog uizances would not be noted upon, he should feel himself compclied•to press the clamor. The Arrows el . -GENF:It 41 Said, the nature of the ease had been misunderstood, if it was supposed that the persous in question had entered into recot;niraoc(s for tbrir geed be haviour. Their recognizances were only f.r their appearance in Court to answer toy charge that might be instituted against them. Lord FOLKSLONE. withdrew the proposed clause. The Bill was read a third time, and passel. GRIEVANCES ENDURED r\ DER THE stsPENSION 'OF THE HABEAS CORIVs. Lord rot.to.rox pro•ented a petition from Francis SVtrd, lace makti• in Nottingham. it, ottitet was to cnmplaiu, not of the Suspension but of the ticatincnt the petitioner had experienced aII li the prayer of whirl' elute:nod the coffin deratioti of the house to the inirdsl4s the petitioner had endured. Lord Fni.K.FATON presented another petition on the very same subject. Yt was from several inhabitants of Nottingham, who stated Francis 11'ard to lie an itoliodrions, sober, hard workillg 111411, very respectable at cot ding to his satiatitto iu life, and by no means disposed to enter Otto any schemes loo,tile to the Government. or injurious to the peace:lnd good order of society. Ilk Lordship then gave notice that he o unl,l ens lick day setimight inns c tut a committee to !moire. into the subjeet of the petition. Lord 1. II ‘IIII.T3N, in _icing notice that lie w - ould en the I of February move for the ploillietion of papers coutieeted %%Oh the retoiin of Seidel' borougi:, begged that the liutisc would not he :%Lu•nttd at the word " refoi at," foe it was not in this ease nercessarily connect( it .rich the ;clone of the House. Ile gave notice that MI the Uth he should move for the pro. diction of the papers in the possession of Gas eminent resl:et•t ing the borough of Aluutro•e, in which the work of reform had first appealed. Lord (t ts•rt.t.n cum, not being eiiiiversa:.t r..th the sub. jeet, could nut say %%nether the papers 'tient:oiled could be ptiotto e el. Mr. lltt , N NET presented a petition from the !latish of St. Andrea•, Milburn, agairod enipto ing boys. Mr. V. FITL(SER.II.I) uhfa ued leave' to bring i❑ a BM for sue lovable the operation of the Irish Grand Jury Pre.ietittatint Act of last session till the next session ut Parii4lllel.l. Mr. GRENFELL entiviired of the Chatteeiloi of the Exchequer whether the Batik of England intended to rcstune its cash paynteuts on the 5111 July next, as theft by law. The CIIINCILLLOR of the ExcircQuxn could assure the HUllhe, that he had the satisfaction of knowing, that the Bank had made ample preparations fur resuming its payments iii rash at the period fixed by Parliament. lle could at the 54111 e time add, that he knew of nothing either in the internal stale of the ennui ry, or in its political relations with foreign pow cis which %%wild render it expedient to continue the restriction beyond that period. It was well known, however, that financial measures and pecuniary arrangements were hi a course of preeceiling amongst foreign pow ers, of such a nature as might, by possibil:ty, make it a question fur the consideration of Parliament, whether the restriction ought to be further continued whilst the immediate effects of such arrangements should be in operation. The SPEAKER informer! the House, that he had received a kilt.' from the Marquis of Hastings, dated the Mho! February, acknowledging the letter of the late Speaker, which conveyed to min the tisanks of that House, tor his successful administra lion of the Nepatil War. The Noble AlArytis disclaimed every pretcntiou to so exalted an Immure, except an earnest anxiety to maintain the British interests in India, and uphold those military trophies which had seen previously acquired by his countrymen in that distant quarter of the empire. He could not fail, how ever, to recognize in the vote of the House Opt !thetal policy which always induced them to favour with their approbation the indications of any zeal, however linen. hie. 11c should carefully transmit the thanks Of the House to General Ouchh tlony, and the other office's engaged in the Nepalil M ar, who, altbo•tgh they could not set set a great. i than himself, would nodontotedly estimate at a proper value, the ►eward conferred upon their eke , tiow. Adjourned till Saturday. FEB. 1. SUSPENSION of Me HABEAS CORPUS ACT. COURT OF XING'S BENCH, SATURDAY, haf.24. About three o'clock Lord Elleuborough intimated that he bad been informed that there were same persons in Court de. sirous of making motions ; if so, he would hear them then. A man of decent appearance, dressed in black, with his hair powdered, then rose, and said he bad a motion to make. He was not prepared yesterday. He had not money enough to throw away ten pounds in employing others to represent i►is i►►terests. He wrote to Lord Sidn►ontb, to consult him how he was to act ; but his Lordship dec!ined an interview with him. He had applied to his Lordship (Filenborough) with the same view, but his Lordship had said, that he was not a counsellor; that it was not his duty to give advice, but to sit as a judge. limier these circumstances, he had again to present himself to their Lordships notice. Lord Ellenhorough.—We cannot listen to the interlocutory speeches from every individual who may think proper to ad. dress us. What is the motion you have to snake The person in question. —My Lord, I beg leave to move, either that I may be discharged from the recognizances into which I have been forced to enter, or that I may be brought to trial forthwith. _ _ Lord Llienhorough.—On what ground do you move to have your recognizanees discharged? [the Attorney General at this moment entered the Court.] lord Ellenborough now asked the name of the persoa who addressed him. The matt answered, John Johnson. Lord Llienhorough.—ls there auy recognizance of John Johnson before the Court? _ _ ... Mr. Dealtry, Clerk of the Crown Office, looked among his papers, and answered in the affirmative. Lord Ellenhorough.—head the recognizance. Mr. Dealtry then read the recognizance, which was taken before E. T. Lyon, Esq. at the Castle of Exeter, and bound the . delenilatir, John Johnson, under a penalty of 1001. to ap pear in his Majesty's Court of King's Bench ou the first day of the present term, to answer all and every thing which might bc alleged against him, and there to attend I . IOIU day to day until discharged. Lard lillettborongh.—Now a hat have you to object to this recognizance? Mr. 3011(1%011.—T wish to state the circumstances ander which my imps isommeet took place. I have prepared an af fidavit on the subject, wisicli I am desirous your Lordship should hear read. . Lord L'llenborosigh.—T yesterday explained that there was no occasion for the patties under recognizance to attend till (lather called nn. . . Mr. Johnson.-1 call on yon to read 'in . -case; which is stated in the affidavit i hold in my hand. Lord Lllevikurinigh.—What object is to be derived from hearing the affidavit? Johnson.—The ohjoct which I have in view is to hate my ivcognizances cancelled, or to be brought to trial as booa • as convenient. Ido not menu to be impuitimate. L'ird Eltriaborough.—lt must appear that we have a right :o cancel vurr recognizance heft,' e tt Call be dune. As for • bringing dun to tti.et, that' a nut in our power. Mr. Johnson.- I pi esimie you will gt%e me a decided answer. Mr. Justice Bayley —Can you suety ns wounds upon e shall be authorised iu tirA%%ing the conclusion that the ri.ezogniZilllC , ! 11110 which you htvo entered ought not to have been Lose!' ? . . 31r.Johnsoti.—I do not pretend to say that there are any such grutteiti , , Lord Elleilb , rotigh.—Tien you are in no condition to make this motion. Unless you cull show us that your recognizance lots been illegally take:,, we have nu tight to distort) it. V. e cannot hale the time of the Court taus wasted. . . Mr. Jolinsuit.-1 . 4e oiject tt Weil I am dctirout of obti...a. int: is of vast impoiiiince to me. Mr. Justice I.:ayle y.—ynar application is r. on:ined to two thump. :--tirst, that yuit Mould Ht• brought t trial forthwith. tlAis you have rcrt'i•..d for :111 , er dint in..: Court ha, n the plwer to :moil you to ti •[lie ,ec•ond think l'or which you apply is ta be irirged from your reeogoiza ee, and nl•cn hot to ur augur bas been equally explielt. I kiiie it uo gru . .llld open %%hid' the Conti can COliiply auh Bits you can satisfy us that your reeoloilhanee has been ihclnlly uutainc.i ti - olit you. You say yulli does 1101 go to show that Oleie bail been an illegality in tl.e mode of taking your recognizance, consequently Wt can ali4.l!wi no rt Johosoa. —Then I nin , t certainly bee of the Court (4 , 1 1 ti:iari r emain in 'town, mid be to attendance from day to day, :t my lecogoizatice (Attires) to ;dhow no" the means of sapport:niz my It isoul l tow be prudent ot nit to return to my funtily, mill still to hate this rccognizance livid over nv head. It is ely decided %skit, if iity recuitinzanee can't iv.. ,liscbaigeti, that I ice: nrutight to ta MI. lee the Inlet nit, 1 Itoci your Lordthips will afford me the mews of beim; comfort...- hi) . Your Let dstiipa eullnotthink this rope-tom en Vona b'e. Lord Ellenhohat A li.- —Your application, it not unreasont,- blc,iscettaioly an estraiailinaiy one. '1 he Omit have power to comply with your desire. Mr. Joloisum—Then your Lordship means to say that you refuse to giant any one of toy applications? Lord Ellen but mean to say what I have said. 'Die Attorney General now addressed the Court as A:I -lona :—" My Lords, I Ltd no lichee whatever of any such motions as those which volt have heard being ammt to be made tlik day, save what I dei.yed 1 . 0111 flee ordinary chat:. trek; ofputilie inforncrtion, in which Z saw Npu. tt. d that which ow:tared yesterday. In consequence of what I thus collect. ed, I felt it my dutY to attend bete and to state, that I have es cry reason to believe the gentleman who hiss been making these applications had notice before he le tt Manchester that his attendance in Court would not be required." Lord Ellenburougli.—Theu the inconvenience and ex pense of being absent finals his faintly, is attributable to I • At if ? The Attorney Geucral.—So I believe ; and I believe that every other gentlentan who entered iuto recognizances under similar eircunisiauces received a like communication. Ali. Johnsun.--1 do nut wean to deny that. Lord Ellenbtautigh.—Then there is au end of this business. Mr. Johnson.- But I wish to state the nature of the notice which I received. _ . . ....._.. _ .---..—. Lord Elleuborough.—Really the time of the Court, which betoug, to other suitors, cannot be thus trilled u ilitV 1' 11l - id your mulling, and have gtveu you the only answer or %% bleb it i+ susceptibly. . Jobusom—Theo L suppose I must suumit to the conse quences. two tither perAi.ns, named Johu liuberts and Samuel fir..n•n, made siiiMur istutem., %vele rejected. Other pyrxuus %% ere prep.ired to be.tr fire aawc cuursy, oat the Court would nut hear thew.