The National Register. — London, England, 1818-03-09 00:00:00

•t}lt gATTONAI," PECrizTr.r.. _ MARCII g. they disapproved; and this would be the case if they were, in fact, pledged to support the worts of the preamble. The Loan (Ammer-sun observed, that where the pream ble was cunneeted with the enacting clause h. the very tint word of the latter, as in the present instance, no incen. venienee could ensue on considering the preamble first. Lord GRENVILLE said, he was not aware of any advantage that would be gained in point of accoraey or precision, by omitting to postpone the preamble as usual, for wheti the preamble was postponed, every member bore in mind that the enacting clauses would ultimately refer to it. When the Committee had determined what agreed with the preamble, and what not, they might then be in a condition to know what the preamble ought to be. Lind Ranesnate repeated, that be could not see any-in- Genvenience in considering the preamble at once. hat it was than postponed without a division. I to the first clause of the BiU being read, proposing an in demnity from the Ist ofJanuary,9ll7, Lord LAUDeISVALII asked on what principle it was that ti::* Bill could refer to a period antecedent to the snspon. e*.sti ; this was no part of the corollary that an indemnity shoud follow a suspension ; for, in feet, this indemnity pre ceded it, and WOUlti set to rights all that had passed, if the Jlabeas Corpus had never been suspended at all. He there fore moved that the words " the Jth of March,' should be in serted for the lst January. Lord Liatentmus. objected to the amendment, but to show, however, that he was not desirous to press this point to a ;stem length, he was willing that the tat of January should be a:tered to the 25ilt, the dsy before Parliament met. After a few woods front Lord Lauderdale and Lord Liver pool, the amendment for the 26th January ass agreed to. On the clause intletun6ing Magistrates fur imperfect discharges granted to those who had been apprehended he. in g read, Lord HOLRAND suggested, that if the House meant to in demnify those who had granted improper or insufficient dis charges, they ought also to frame a' clause ;providing that the parties so discharged should be deemed to have liven sufficieutly discharged, the same as if by due course of law. Lord Ltvratroot replied, that two principles were appli cable to the Bill; one to prevent the disclosure of testimony on which the Magistrate had acted ; and the other, to indem nify them for certain steps they had taken when the country was in a state of insurrection. He thought this must appear •n all sides the least exceptionable part of the Bill. Lord llow.msn agreed; that this was the least exception. labic part of the Bill. The Noble Lord announced his opi. d k num that the Magistrates, in these discharges , have acle:l illegally (and there he (LorttHolland) perfectly agreed; but if they dill so, Parliament, it was alleged, ought to beat• them out. This was no answer to the question he had put respecting the situation of persons so illegally discharged. If they were discharged at all, they ought to have received their discharge in a way that would give them the rights that all Englishmen ought to possess. If these rights could be scent. edto them by any clauses, he (Lord Holland) was ready to indemnify the Magistrates; but if not, be thought the Magis trates ought not to be protected at the expense of those who bad been aggrieved. After a conversation in which Lords Liverpool, Erskine, Lauderdale and Redesclale took part, the clerk read another clause refrring to the Magistrates' indemnity. The Marquis of LANNPOWN e said, he felt as much as any one could that the Maoists ates a Ito will, NO much prompti tude, firmness, and vigilance, had exerted themselves to se care the tranquillity of the country, were entitled to every protection that could justly be afforded them ; but he was persuaded, that there was not one of them a Ito could not rather seenre that protection, by the result of an open and avowed inquiry into his conduct, than shelter himself behind that pall which the art proposed to throw over, andlavoid that pablicity which every good man must desire in cases connect ed with the administration of justice. The Loito CHANCELLOR observed, that protection was quite as much due to Magistrates as to Ministers. After a few words front Lord Holland, the Lord Chancel lor, the Marquis of Lansdowne, the Earl of Liverpool and the }suet of Caernarvon, the question was put, and the Motion was negatived without a division. Lord CHSEINE rose for the purpose of proposing the fists lowiegproviso It. be inserted in the Bill upon the table :- 1 . Provided always, &c. that nothing herein contained shall extends or be construed to extend, to any act, mat er, or ciur, t.c. where it shall appear that any person or persons ahnit have been committed maliciously, uad without reason' or ;Imitable." His Lurilship insisted, that no Magistrate ought to be indemnified, it' it did not appear that his Acts had been perfectly conscientious, and directed to the preset va• ton of the public peace. The Lord CHANCELLOR tltonzltt that the general welfare demanded that 11111 Lill should he passed in its present form. upon them this additional hardship. He therefore proposed as an amendinent, that double costs be left out oldie Bill, Atter a few words 'frets' the Lord Chancellor and Lord Holland, the atuendinent was negatived slittiont a division. The Earl of RosstA rit . proposed as an amendment iu the preamble of the Bill, that the preamble of the Suspension Act should be recited it. fur propagating our Holy creed, but the whole Christian Church.—. Did the Noble Earl intend to say, that publications, whose object it was to destroy the altar and the throne, and level them in one com mon heap, should be suffered to pass unarrested by the arm of law ? Surely the Noble Earl never meant to assert such a doctrine in the presence of those who represented the Established Church, in the en/ prospect of the throne and in the sanctuary of legislation. The Marquis of LANSDOWNE was not prepared to contend that after a sturponsinn of the Habeas Corpus an indemnity ought not to be passed, but lie should maintain, that when Parliament had granted such extensive powers to die Ministenof the Crown they had a right afterwards to examine most minutely into the manner in which those powers had been applied. He could not conceive upon what principle it was that spies and informen, who might 'perhaps. for any thing which their Lordship knew, have given the most false information, should be sheltered from the consequences of such false hoods, or why those, who ha" been arrested upon such information, should be precluded fro.:, that redress which the laws afforded to all those who were ifilt•:red. Their I.ordships were aware that there might be false rt.:, well as true informers, why then should no.distinr tion be mode with respect to them ? Why should they be sheltered by e thi!.'.ndeinnity which was intended only -to protect Ministers ? ,• the Earl of WESTMORLAND umtendeff that such a measure as that before their I.ordships was absolutely necessary for the protaiiia of those persons who , , however much they might have been blamed, Were found to he serviceable to the Government. He maintained that even if in the discharge of their duty,M Misters or Magistrates hal a little exceeded their duty, they ought to be protected by the Legi t . 'attire, in consequence of the great benefit they had conferred upon the country. The Ertel of CAERNAR% ON supported the Amendment on the ground, that'ameasure was introduced into the Bill which was not Gnat anneal. and of which no notice had been at first taken. The Amendment was lost without a diorite,. Another Amend ment was then moved. " that the still should be read a third time that day three months." Ilpoo this a division took place, when there appeared—Contents 27—Non Contents 1 1 3—Majority 66; after which. do! Bill was read a third time and passed.-.-Adjourned. FRIDAY. No.busuras of importanectra-ispired this day. laird CHANCELLOR observed, that the preamble was not formed on the precedent of 1801, but on sonic farmer acts when refeienee was had 110 t to the report of the Secret'Com• mittee, but to the events themselves that had occurred in the country. After a few words from the Earl of Rossyln, the amend ment was negatived without a di% 'slim. • The Earl of latnt•r.nst.e pi oposed three amendments to the preamble of the I.DI, all of which were negatived with out divisions. thi the Motion of ti.e Earl of LtvEtt Poot, the third reading was fixed for Thursday.—Adje urn A. WEUNEDAY. INDEMNITY BILL. The Lord Cm INCELLOR moved that a clause be adlied to the Rill to pie . % cut actions being bratight in the Comb, of Law in Ireland, on account of the arrest of ptraons in that country, n ho Ind; have been apprehended there on sospirion of treasonable practices in Oren Britain. Agreed to.— Adjourned. TtiuusnAv. GAOL CHAPLAINS. The Morgnis of LAN osunts NC moved that the second read ingot the Gaol Ciaplain'slSlll,which s tomittu day, shuttUJ, for reilf.oll3 of w hitch the "louse was sufficiently apprised, be postponed to this tidy three months.—The Motion N 46 agreed to. THE M.ATIQUIS OF HASTINGS. 'The Lord CHANCELLOR ivoli it letter which he had received from the Dlorquis of Hastitigs, dated September, 1817, at Caiwopore, ockom‘lcolging in terms of indent go ;nitwit,. the ho our which he had received in the thanks of that House, for his conduct in the origin, progressi and conclusion of the Nepaul trite, and expressive of his conception of the over rate at which his pro-ceilings Irati. been estimated. He could claim no praise but what wes attached to the proper dis charge of his official duty, and the measures which he had urged and acted upon., were, in his opinion, only those which were at once coin ratable to the honour, interest, and pros perity of Circa: Britain. and to the real and permanent com forts of We natives of lintia. INDEMNITY BILL. upon the Order of the Day, for the third reading of the Indemnity Bill. HOUSE OF COM3ION.C. 140• DAY, MAnCH 2,1918. PAIILIAIENTARY REl'Ollll. Mr. li. DAVIS, presented a Petition ft oni Bristol, signed by 20 peixons„. in favour of Parliamentary Reform. The Hoe. Member said', the letter which he had received, accompanying this l'(tition,and desiring him to p t it,stated that this was thrlirst of 1000 similar Petitions from Bristol, each signed by 20 persons, praying for what was called Radical Reform. Now he must be allowed to say that, even should these 1000 Petitions be presented•, each signed by 20 persons, yet if they , held the same language as this Petition did, he would say they did not convey the sentiments of the great body of his Con stituents, who had full confidence in the wisdom. of Par liament, and were enemies to what was called Radical Parliamentary Refurm.—Osdercd to lie on the table and be printed. Mr. PROTHEROE said, he had a similar Petition also front Bristol, signed by 20 persons, lie understood that this wa. one of ses era hundred similar Petitions. He had been asked to support this Petition. but declared lie could not , for though friendly to moderate Reform, yet he could nut agreed in this system of universal suffrage.—Ordered to lie uu the table. Mr. M. A.Tsevion said, he should on a future day submit some measure to Parliament 011 the subject of the Wet( - Companies in the Metropolis. The object of his Motieit would be, to ensure a better supply of of waiter to the Public gratis in case of fire. REWARDS FOR CRIMINAL CONVICTIONS.. Mr. BENNE:IT wished to call the attention of ilia Minn to the several Acts passed at different periods forgiving rewards to Police officers and other*, upon the conviction of off, nders. The evils of the system were many, but the most obvious and mischievous was the effect which these rewards had in nour ishing and fostering of crimes ; for, instead of a einnival being stow in the commencement of his career, he was en couraged and protected, till by increased cruise be was made, as it was technically termed worth his weight ; that was, till he hail committed such a et ime as should make his conviction prodnee to the person apprehending him the reward of 441. A uother great and cryiug evil arising out of this system was conspiracy—conspiracies for the purpose of tempting unfor tunate offenders, and lie much feared that even at present two wretched boss, Spicer and Kelly, confined in Newgate under sentence of death, had been the victims of similar de testable practices. He should now propose to bring in a Bill to repeal all the statutes giving rewards on the conviction of offenders, except two, namely. the reward of a Tyburn Ticket, which reward, hovers er, shoold not in future be trans ferable, or an object of sale; and the reward of 401. to lie paid to the everators of persons killed in pursuit of high waymen, er to the executors of officers-killed in the discharge of their duties.. Other modes of remunerating the sersices of Police officers would be made the subject of consideialion in the progress of the Bill. After some farther observations, the Hon. Member concluded by moving for leave to bring in the Bill.—Leave given. The tall of Rosst.t•tr could tint consent to the sacrifice of the rights of so many persons fm the sake of protecting a few Magistrates bum actions. In the first Irish indemnity act this principle was recognired, and the distinction between illegal arid malicious arrests or detention was established, though the art had been afterwards altered. After a tew oilier observations front the Noble Lord, the qnestion was put, and the amendment negatived without 31arquis of Lskscumua proposed, as an amendment, to leave Ireland mit of the Bill. The provisions of the Suspension Act, did not extend to Ireland, and that count') sl l Id therefore be excepted from those of the indemnity Bill _ _ Lord St iistnt-rw said, that the indemnity had nn reference ••netaily to Ireland, bat the name of that part itithe Uniti d Kingdom was arena:Hy to be tetaiocd• to meet a special two.. Atter some further conversation between Lord Redesdale, lewd llolland, and the bird Chancellor, the hitter of nliom vri.po!ell that the donee should extend to the cases of per. suns apprehended in Ireland for acts none hs Great B. limn. the amendment leaving out Ireland Wag pasted, on the mi driAsultling that nu the bsinginig np of the report a special clasiAe show.' be inserted enlist acing the ease alluded to. The Karl of CAERNARVON proposed an amendment to lino the penal') of doithle ens'' , to one cases ef in; renew , atlrr th, r ..,;n;; rt MC act of indemnity, and to t. mug": the off Nt1(111 I , t ila Cla fist' 0111 tho4t aheady in,ttitseteti. 'Ow i *tic; iirnpn.od, tli.it thosr %%hill had in. ititnied rction. leCtOre the 27th tlioultt not be liable to any ers*t*. , Lord Killvai object. d to the penulti, of douhlo ennui Obi. gather. It want enough that meu mho bud been angrieveill low emitted 11•0= OLtaining redress*, without ilurcr.ing Lord Atreat.axo rose.—Notwithstanding, he said, the al terations, and lie was ready to admit they wet e improvements, which had taken place in the Committee, he yet could not bring his mind to support the Bill. At present, however, he meow only to propose, that instead of the third reading, a re . eomm i toloot o f t h e Bill ..1,11.1 take place for the purpose of having it divided. There had not as yet been laid before the House, any e.tar or sufficient dria for the justification of his Majesty's Ministers, in their con duct under the recent suspension of the Habeas Corpus Act. There was nothing advanced to support a rational call for Indemnity. The present Bill was evidently one calculated merely to stifle all enquiry, and to screen from blame not only Ministers, but the lowest and most degraded underlings of place. It was a Bill framed to pretect not only Ministers, from inquiry, but the basest instruments acting under them from . proper infamy. He concluded with moving, that the Bill, inste:al of being read a third time, be ordered to be committed.--Negathed w r ithout a division. On the question for the third reading, Lord KING complained, that toe present Bill, although founded ou ex-parte evidence, and originally meant to be confined to the indemnification of the Secretary of State was now brought fore ard as a perfect model for any future Bill of a similar kind. It Babied Indemnity were to follow as matters of course upon every suspension of the Habeas Corpus Act, and informers were ensured of protection en the poising of those Bills, then the flood-gates of criminality were thrown open, and no Bill could hereafter be more sweeping thou the present. The Public was not long since disgusted by informations of prism's whose only businesss seemed to be to bring the lives of others in peril, for the purpose of pin. If, however, it was expedient to pardon a Vaughan and Co. the same argument might apply to Castles, and even the scandalons proceedings in Scotland. But if spies and informers were to be considered as prime agents in such scenes; if, in the first instance, the Habeas Corpus Act mason their iistbrination to be suspended, and they were afterwards to be evidences in favour of the suspension of that Act, it more than ever became their Lordships to he cautious how they passed Acts of Indemnity in behalf of informers and spies. Earl BATHURST saw no reason, even if the Bill were divided as • proposed by the Noble Lord, why that protection should not be extended to Magistrates and individuals who had given information to Government, which it afforded to Government itself. Their Lordships would be trusted, sec the drift of the present amendment, n hick reduced them to the dilemma of giving up the names of indi viduals on whose information they had acted by refusing to disclose them, to wave that defence on which his Majesty's Ministers might safely stand. The practice of passing Bills of Indemnity hail proved the necessity there W3s for them;• end than necessity still proved the responsibility of Ministers to Parliament. Earl Gnosvrivon said, that the Noble Earl had taken a great deal of pains to defend informers and spies, yet with all this deference for them he would contend, that when they were brought forward as witnesses, their evidence must be taken gran° salts, and not be relied on. He felt great pleasure in defending the Motion of his Noble Friend, for dividing the Bill ; and would enter his solemn protest against the first part of it, as striking at the very roots of the freedom or the Constitution. The BisitoP of EXETER ord. he rose not for the purpose of entering into the question in a political sense, but to exp ress hi s con cern and surprise at some sentences that had fallen from some Noble Lort:s eppmste. tie certainly was astonished at the sentiments they had expressed on those blasphemoug publications which had disgraced the pita:, and demoralized the poor. The publicatitms in question had done great mischief, and he hoped to see them .coukd by all sewn' , Men. The Lon' CHANCE t nog rose, observing that he did not mean to trcipass on their L.orriships . time. by tollowisig the Noble Fail (Grosvenor) through statementd and conclusions which really had net relation to the question then Lelia,: them. Whatthat Noble Person meant by a st rengthening thepowethtl iii opposition to die weak, and eetttnp the rich above the poor, to trample upon them, it was silile tor him (Eldon) to guess. NVliatt vet the Noble Fad think respecting him , lie amid only say", that though a Inns life, he had cnderiotired to do his duty to the entintry at large:and the Noble Earl must pemtit him to say. noon reflection, 'hut hr really was more ;Afraid of, *ate rich permit% th:h.4ll twibr cues.—lts was NOM to hoar the hcbte k!ari - cpealiMpon figlttiv of publications whtch went: not 1;"to 11:-.3411e1C ChU:Ch Cil:ustrini, for that was but tux channel THE zLecrioN REGULATION BILL. Mr. W. WYNNE no. eil the third reading of the Election , Regulation Bill, and said he should propo.e au amendment to the clause respecting the number of persons to he 110111'il in a day. After the sicond day he should propose to in clude iu the 400 all votes tendered and rejected, if after wards 03 insestigation these votes should turn out goi - 1 vote.. Colonel ALLEN thought the Bill required very considerable amendments still , aim proposed, that instead of now, the Bill should be read a third lime this day six mouths,. Mr. MARRYAT particularly objected to that clanse of the Bill which regulated the duration of the poll, and tie number of persons to be polled in the day. The number 400 was fixed, whether for a Borough, or populous City, or a County. Mr. WILBERFORCE sa.d, with rettpect to the distribution of cockades. he thought the penalty should not attach to the person giving, but to the person wearing one. Sir J. GRAHAM opposed the Bill ; which he thought would greatly increase the calumets to be paid wad the l'uor flake ur County Rate. Mr. LOCKHART was in favaur of the clause. relitive to cockades. Ile bad seen 50,00 cockades, la Vat..or tis.as pit cr, given away at an Electiuu. Ab to the Rill m geneial t lie was against it. General Thoriiton and Mr. P. Moore oppea f itiii Bill ; especially time clause. relutise to c i.ekades. Mr. W. WyNNE ri plied, and de trudvd h is Bill . j - ••• Muse theo divided—Pa The' third ti'atllngirs—ritr Ito .Itutuduitut 41.--The Bill nu: thereter,e