The Statesman. — London, England, 1821-07-04 00:00:00

observe that the Petitioner's friends were fearful of becoming bail for his good bellavionr, when they wpc told that a fresh indictment, which might be AP: ported on false testimony, would expose them to the loss of their sureties. He hoped also the Honourable and Learned (lentleman would take into his eonsi- ikraligashat the Petitioner bad already beensizareeks to prison. Mr. SCAKIXTT expressed his satisfaction at what bad &Ilea from the Attorney-Oeneral, and bi-/loped .the MOM would now see that, however respectable the Association, innumerable abuses of its power might be made, by leaving it to be exercised at the discretion of a single Attoraey. The Hon. Member expatiated on the danger to which a bookseller was exposed of in dictments being found against him. He quoted the ease of Mr. Johnson, bookseller, of St. Paul's Church. yard, which occurred about the early part of the Preach Revolution. That individual had actually been convicted and punished for selling a libellous book which be bad previously refused to print or sell ; be rouse, one of his men in his absence purchased a copy of itifrom another shop to accommodate a customer with. If a man, therefore, was liable in this manner, for an act of the commiesion of which he was in perfect ig• noraoce, it surely well became that House to look with jealousy at those who assumed the exercise of such a power. With regard to the postponement of the Sittings after Term. he feared the Attorney kleneral would find it was but too probable. He could not help remarking that inch appeared to be the in ing state of business in the Court of King's Bench, that they were not far from that period when the Counsel would be obliged to attend the Court ttom Christmas to Christmas if it were de sirable that those who followed the profession of the law, should have the education and manners of Gen tlemen, they must not make it necessary for them to put their wig and goon on every day id the year. No Judge could support such labour, and he hoped that sort* measure would be adopted to remedy this increas ing evil. - _ Mr. M. A. TAYLOR thongbt the statement of his Hon. and Learned Friend required the attention of the Legislature. If the House would look at the increased burden of business upon the Lord Chief Justice and the other Jndges of the Court of King's Bench, they must be startled at the prospect. With all the acti vity and intelligence of the Chief Justice, he lad been unable to get rid of the arrears of business of the last two years. The Court of King's Bench was over loaded, and fur the benefit of the public, there ought t. l be another Court of Criminal Judicature in West min►ter Hall. Mr.DILNMAN said he should look with great jea loosy at say alteration on the ancient Constitution of Westminster Hall. The Court of King's Bench was certainly overloaded t but if the suitors were dissatis fied, he saw no teas°n why they should net remove their causes to other' t'f W. Beabow, whet he had promii ordered to be pri A Message from skips assent to the Importation Bill. by the Neapolitan tt, not return to his country. Ilence grew his claim on the British Government, which he, at a time like the present, should be little disposed to favour, if *he did not consider it to be wen founded. Mr. HUTCIIINSON spoke in favour of the c'aim of Captain Romeo. The Noble Marquess said he had Applied for information on the subject—but where ? He bad sought it from the Neapolitan Government— from tbut Government by whom Captain Romeo com• plained of being persecuted. Colonel DAVIES replied. He produced certificates ►igned by Col. Corbone, lire. Maitland, and other of. ficersoo strove that Capt. Romeo bad been employed to o►tain information, and in other ways to promote British interests in that quarter. He hoped the Go vernment would again take Captain Romeo's case into their consideration. rition was ordered to He on the table. LBERFORCZ pretested a Padlos from as named Robert Wood, praying compensation sus and unconstitutional in principle as it was Nang sant and corrupt in practice. There was a difficulty in attacking a body whose characteristics were per fidy and treachery. There was always difficulty in at tacking an insidious Society, who despising justice . and equity, would fiy for shelter to some paltry quib ble of the law. He was obliged to speak thus harshly of the Society generally, though he knew that some in dividuals of high rank and character belonged to it— seduced into it as they had beeu by the delusions which it held out, and by its calling itself the Con stitutional Association. If it had assumed is proper name, G• The Birchin-lane Plot," none of those exalted individuals would have belonged to it. Its affairs he understood to be conducted by Attorneys who appeared to look less to the interests of justice than to their own emolument. No one would think of quarrelling with an Attorney for looking to his own profit, yet he thought he . had cause to quarrel with the parties in question for the means which they used to attain that end. No one, he believed, would deny that a suffici ent power was vested in the Law Officers of the Crown to proceed against and to pat down all libellous offesices ; and no one, he thought, would be afraid that thine officers would be too delicate in the exercise of that power. He was sure that whatever were the crimes of Benbow and Dolby, and he did not stand there as the advocate of sedition and blasphemy, bitt as the oppo nent of principles which he considered to be danger. ous to the constitution of this conutry—he was sure that whatever might have been the crimes of Benbow and Dolby, they could have met with all just and necessary punishment under the pro secution of the Attorney-Ueneral. The powers which this Society assumed at its outset were those of dis cerning what publications were lawful and proper, and if they decided upon any as of an opposite character, then they were to be subjected to prosecution. And here it was to be observed that the Society did not ap ply to persons who, from education and habits of life, were acquainted with the Law of the Land, but acted upon its own judgment and discretion. There was the strongest oljection to any corporate body proceeding to prosecute an individual. Ihe Law Officers of the Crown were under some responsibility arising from public animadversion, aid front the authority of that House, to which the individuals composing such a body could not be rendered liable. He had always ob served, and he trusted it was not taking too harsh a view of human nature, that men, when associated in a body, would openly lend themselves to transactions of which they 11 °old be wholly ashamed as indirlduals.—... Of course he was quite ready 10 acknowledge that he possessed no deep knowledge of the law ; but he could take upon himself to assert, tbat a combination like that which he was now called upon to notice, was not to be recognised either in the spirit or the practice of the Common Law of the Land. And if he could read and understand the meaning of an Act •f Parliament, it was in open contempt of the Act of Maintenance. Upon another ground, also, this Asso ciation was against the spirit of Law and Justice. Upon a recent decision in the Court of King's Beach, the Court gave what he considered to be a very extra ordinary direction, namely, that a defendant in a pro secution instituted by this Society, should have the right of questioning every petty juryman to the fact of his being one of its Members. Now, if the Court saw danger i• this circumstance, and thought it accessary to take this precautionary measure, how much more mischief was there to be apprebinded from Members of a Urand Jury being Associators. For this there could be no remedy or defence provided. And even, if under all these disadvantages, an Individual should escape from the plots of the Society, and if be was to prove himself innocent, how was he to recover the ex penses to which he had bees pot, or bow was he *ob tain remuneration for that time which be lost la the harassing occupation of malting his defence? He would have every possible difficulty in doing this, be cause he could not prosecute for conspiracy on account of the difficulty of proving malicious it:teatime. There would be anothor difficulty ales upon a trial of this nature. It waxier t Jodie chicly to decide in directing the Juiy.what coastiitted proof of mallelois intentions and•of sotspieasy I- and those was the pos sibility that that Judge. might be at the same tiise as anonymous. autnistriber Association. fully perstiaded that sack militate triad, the comititatios teal to dos MIMI ir , "' jade* liesed. Were ' It was !Wet gilt Mask repehensible , ig analogies of the Constitution, he thought that a prose cution, which was to be carried on according to the regular forms of law, was less exceptionable than a prosecution by the Attorney-General, who stepped over those forms to a certain extent in particular eases. It might, perhaps, be trate that the Society in querties had originated in the private views of professional is. illation's; bat he thought it very improbablemben considered the great degree of public attention it hag excited. One thing was certain, that the Society was doing a great deal, and be was convinced that, the snore its merits were discussed the more it would tri umph.—(Hear, hear.) The Right Hon. Gentleman then proceeded to Notice other Societies of a similar nature, which bad been instituted at the time of the Preach Revolution, and the legality of which was sanc tioned by the highest Judicial Authorities. He male rained that it was most unjust to say that the Grand Jury would be prejudiced from the mere cirensastand of their happening to belong ' Dr. LUSHINGTON thong, ordinary that after the almost which Hon. Gentlemen the last three years--after present Ministers, and in the which, under their admit& Statute Book.—that a Ca( up in his place and admit the ciation as this to carry the " tea° into effect. Mr. BATHURST— ,, I its intensity." Dr. LUSHINGTON—" man denied that be admitted , be not defend it as being constitutional, ty whose existence was desit that Government were will', of Sir John Sewell, Knight Murray ?" Bither the Society not useful. It was necesear- If it was necessary, then the done his daty, and ought did Not mega to blame his for he had properly done his duty, and selected cases for prosecution wherever proper ones occurred, and he was competent to continue the exercise of that power which was vested in his office, without the gratuitous assistaece thus pressed upon him. The Ritht Hon.oea tleman had said that this Association was quite constita tional, and not without a parallel. These parallels were to be found first in the Association of 1787, called the Crown and Anchor Association, of which MN Reeves was Secretary. Of course he was old enough to remember this Society, but be believedit never core nieaced a single prosecution. He only spoke from re collection. The other parallel was one almost tee, contemptible to mention, and upon which he was ashamed to waste his breath. He meant the Society for the Suppression of Vice. That Society whose busineill it was to dive into obscene pamphlets, and to pr cute the poor for what they called the profanation d the Sabbath, but which in comparison with their owe conduct on that day in the West End of the lowa w wholely blameless. They were a set of eo pusillanimous hypocrites, who prosecuted the poor • helpless, but left the great and noble samoles At the same time he was fully aware that many eh racier* of the highest respectability and virtue su ported this Society. With regard to the allusion which had been -made to the Societies established fK the prosecution of felons, they were established to down moral ciitges to which all the world agreed award punishment. But how wide was the diffe ,'between •these crimes and what was termed polka iewoaces. In the writings of Mr. Burke, every man wM aware that passages frequently occurred which, Up". muted by such a Society as this, would have Dm , elegised into sedition in a charge to the Jury delivesell by a corrupt Judge; and thus one of the greatest chi. rooters that. ever adorned it would have bus lost le 'the country. l'he Honourable Member timpanists' upon the difficulty which persons, if mailable's* euted, would have in recovering damages fees dirty. If coirnere Associations should be tha repose which was so necessary to air p would be disturbed, and nothing but dissension sod will would be seen, instead of that peace sad quiet which the colustry was so anxiously looking, For, masons whist, be had Wore stated he should sots that no ti Odes a Wren cat, to be the (Hear.) — proper 0 atteaded hs tboag had ono lo the fir Member to prober observe. it cedes' rities of I be did n sufficient oommitto mendrd bad dram tri red to bad befut iiorro tits to, or tle• TOO" as say II Was. sal tie false akalost e Mr. D lierkree: whicb bi aintely jection t 'only es it main _ . .........eillimmalliglipmlll4llllP l mgmilw+l..- - - - f $ f .., p• • I 1 , , . .., • lade . • 11• •• .1 1 • _,.,1_1 ii. All -, "'' 112_ • A- . • - - - - - -- - - - - - - - - --- - - - - - br P it sTAT -.-*;,&,- •-• - • WO ...• • • • • haf t ,r ~ • h haik Mr • 0 Wiper I Cider the disguise of Peers, Old Women, and If, Hink e l oistiorec a ,' 1 jam elicit sisestiou to tetra 4tb for, la tie mode of 'teed Kik • nk . Leah's filimisters ?—(A laugh.)-...1( thi s s oc i ety fal Areas • point , wise •it , no; CiPtaia BAMeo wits a Mina% , Skin e Conicity of York.—Lieve gives. was to he endured, they must henceforth *insider wsefisiest. .144.411 1 / 8 1MILLiiLlhe..atitleb.. Oa Ibis petal be, AP l 4 CRANUOURNlLeilOveditle.alliMetoilni. of Mr. Sharpe, and the %licher, Murray. to he the in tint.il ' fefecifitinlittlioble Marquess, and considered tilt potties cotninhted to prison for efinsini "ainT - the prosecutors of the public.—(Cries of “ Hear, hew) Mr. •ll be actually suffered on that account. The Nettie Man. Game Lawi. _trona illb to 1121.--Oillired. It was not the Attorney and Solicitor General who havomtron "Me stated the contrary to ban bees &unclaimed to Mr. 0. BADGERS leesilht up - the PAPA at tb& 4141.0-$1,48111411114 .11011 V bet -fatsrilurrir simillft spoke lit be the fact, but on this sable., be had only the ipu Committee appeisted to enquireinto the Ophthalmic Sharpe most be the inspectors of .vied ee • of the gri theft of the Neapolitan Government, and in the state- Institution. ?AWN Was Until dasiitas _ _ _ rid }att the p miiiiliiibleli came from that quarter, aftei what bad Mr . 1111111N1fraideestitud that a considers* tam ,and letini. - Ir 1 .... ":1011,6- Witir 11.11.11, 'meat who WOO. sad recently been seen, he (Lord William Bentleck) had had blim l ettind by the Cesninittee to Sir W. Adruess- Winged to this Asiosiatlea, he trusted that th e , tors of tb not the smallest confidence. If that whick wen stated a slim wile* bi thisasittleteuter thin that indivi‘ual instil lose no time is withdrawing themselves from gritty for ' against Captain Romeo were true, he ought to have was entitled to reeelee. He harlot, before it was paid, it, beftire they bemuse Wm It s a eo n members. • come deer had nothing; if false, he ought to have received some- that the vote would be brought ander the coalition- *Pk bashful:in fame. If the Assochiltee did es nt igneranet ~ thing more cu lii nsiderable. The ease was one wh it Lion of the House. pomp*. Ilk, Holy legnisities. the power of 1 6 ,, ' Learned I appeared to him deserved the most . hadelgent (minder The Report was ordered to be printed. dietliarimilily torture, it did possess and est ___ • he would ation. . Mr. C. CALVEILT presented a Petition from the the of tenets/ Its victims by treachery eon ; iseguage Mr. GOULBURN said, that if those facts bad been holders of certain Sufferance Whatfs in the parishes of assidt. If loch an eaormity was to be tolerated, It ', se promo known at t h e office w i t h whi c h h e was connected, St. John and St. Oleveth complaining of losses sestets- Mile evestiaally break up all sonadenee between ry " of the*. which had since come to his knowledge, he was In. ed by them, through the regulations of the West India and man. Every sae woald distrust hie Isiitelsbosw e ' L-- were tin dined to think that the alternative suggested by the and London Docks, and praying relief.—Ordered to and ptoOle would he to each ether as the inhabiting ' even beet Noble Lord would have been adopted, and that no be printed., of a pestilential city, where earti shinned the ether they bad pension would have been granted. The Noble Lord Mr. BROUGHAM hoped the Hon. Gentleman near to avoid' coatamination and death. One thin was lads( tic admitted that net having preferred his claim at the him (Mr. Ries) would have no objection to postpone certain, that it must destroy a ll f a i r and { me ow ed • prosecute proper time, he was not entitled to prefer it now. This his motion on the subject of the Education of the diesuseitia ; and wins such a state of apathy was in' had they individual was shewa to h ave b een em pl o y e d in the Poor in Ireland, on which he (Mr. Brougham) pia diced, despotism most be the necessary consequence. the Hon. service, but it appeared that he was subordinate to posed to state his reasons for not bringing forward say The Hon. Member justified himself for calling upon condoet i ' another officer, and his reward had been proportioned thing on the subject of the Education of the Poor in the attention of the House, and concluded by movie, - thing mo to what his superior o ffi cer bad received . the present Session , till a future day. . 4 that an humble Address be presented to his Majesty, t s" , '" the lows Lord A. HAMILTON considered the question be- Mr. S. RICE postponed his motion till Tuesday. praying that be will direct the Attorney-General to Sabbath. fore them to be intimately connected with British ho- CONSTITUTIONAL ASSOCIATION, Mr. S. WHITBREAD . in bringing forward the me- eate r a soli prosequi to all ledieuments laid against ay individuals by the Society styling,iteelk • Tim Hoe. Me had been roar, and hot merely a matter of pounds, shillings, thin of which be had given notic, wished it bad Constitutional Association." great, tit and pence. He would ask if at that time Captain Re- fallen into abler bands . . Though he shoul d blame him- Mr. B. BATHURST spoke against the motion at ; °peaty, a moo performed those services on which his claim was self for taking up a subject of such interest ifeny Mom- low. Thi grounded, the Noble Lord or the British Goveinment cons id era ble length; bat the principal point urged by had contemplate ) a state of things like that whirl* weight in the House were likely to her of greater it forward, lie would consider himself still more se alibied I now existed. Those services (part of which had beencalling upon the House to declare any opinion as to blame, if when no one else offered to do it, he were to defended performed in the British uniform) were directed against whether the Society wu unconstitutional orillegal.— let that which was so important to the lives and fiber- motion 1 the existing Government, so that he was not in the si- He contended that the Hon. Member bad not entered ties of Englishmen pass unnoticed. He had hoped thatwas stun tuation in which lie might have been, having success- into any explanation of the principles of the S oc iety, some other Member would bring under the considers,arrived a fully served the British Goternment he was persecutedand therefore it could not be inferred whether they quite kw by the Neapolitan Government, and therefore could l i on of t h e H ouse the procee di ngs o f a S oc i ety as ode- were repehensible or otherwise. Reasoning from the detractio long to the Society. thought it not a little extra. ' t eqd almost Insist j power opposite itiedse= for ..i r the sway of lain Siesty's i ' the face of the,millneyosa Laws tistratioe bad tßegsacel 'billet Mistletoe sheaW stead . the necessity Drench an Amp :. e Laws against libel and se& I did not say one word as to '' The Right Hon.. Gentle. 'tied its necessity. Bea did constitutional, and as a emir esirable ? Did be not allow • !ling to receive the assistance ight ; Mr. Sharp; and Mr. .- ciety was useful, or it was miry, or it was not necessary. the Attorney-Oeneral had net tto be made do it. Bathe' s Hon. and Learned Friend. • e to th Anoeiation. He was ihe etatios et lie Hoe. Ftbiod. — ireh a eeeibtootiod of soils omit Bir•biATHIVI CHOLMBLBY, le a Owe of vette p a ide nt i es a 46 ... my , m id ibis is the Oallorb spoke short! &piste the gees freed wiggle the Mete& et 4 ISO leers Ler gteeeelel th e they*, oblate trete.? basair 1! 4 , • ' l ' r til o r t i tat htplityl'-ok lieitait it' lin C bad risi L .+ of void Oft • - iwitkett ISM wit bis thsi *bolo of 114 i pisswel ail via 40 14 SP/IPM k ow k ng the ..Colonel DAVI Romeo, complaint v!rninent and represen kut, and loss of property he bad sustained in coast.. caence of his services in favour of the British arms in Sicily. He had been the nieansuf saving the British Army and the individuals of this nation from being massacred, by detecting a conspiracy on foot, for act ing over again the Sicilian vespers ; all those facts were well known to his Majesty's Ministers, as they Lad proof of them in their hands. The. Hon. Memher rend certificates of British Commanders in Sicily, in favour of Captain Romeo. He had always confided in the promise of tireat Britain of protection, never allow it:g himself to suppose that this country would permit Lim to be persecuted by those who had always been its sworn enemies. lie had suffered also great pecuniary losses in the service of his country, and it was much to be regretted that the Noble Loid opposite should, uo a late occasion, hare thought proper to oppose his claims. The Petitioner prayed the House to refer his cam to a Committee. The Petition having been read, The Marquess of LONDONDERRY said he did not rise to oppose the Petition lying on the table. The case of Captain Romeo divided itself into two guts tiou%, the one was as to the nature of the claim which I;aprain Romeo had of a pecuniary nature upon this tiorernment for losses sustained in the service of this country ; and the other was whether we were under ary honourable obligation to interfere with the Sici p Government to pro'ect Captain Romeo from any persecution be might be subjected to on account of I s connection with British authority; with regard to the second question he had to say, that in the year I'!4 he bad directed Sir W. A'Court to interfere in of Captain Romeo, so far as to ascertain if his prosecution arose from his former connections with the liri;ish, and he must say that there never was a case mimic out mu decisive and convincing as to the contrary f that idea. His Lordship then repeated his state• rnez:ts and arguments he bad made use of, when the case was previously brought forward. 'file Govern ment had ascertained that Captain Romeo had not born persecuted by his own Government for his attach ment to British interests, and therefore be had no claim to remuneration on that ground. He would put it to the House if be bad rendered the services sup posed to this cdseiry, that the British 'Officer under vt/iom he served would have suffered him to go nnre- 1 welded. He would seat ask if it wag likely, in the cps supposed, that Capt. Romeo himself would have 14 ape time pass which had elapsed--=from 1911 to, g.l7,.before he preferred an yelaisei mike would put a ird question to the Honse.—vrau it likely that epee. son having any fair claims on the Government would imi 4 u,them up with a demand for mosey said to have bees 'demised to the mistress of a IPtenehlittsetaT?--- 14q,was.sorry that Capt. Romeo weeds distress, but it 14* net easy Mr guess• on what prisretpbri it .becadie tise slaty of this country to raise Mies:- otitis Wee ilte,opeoed time the subject bad boss beasts-ile-Hotse: it be briniest forward 'pietistic biped he usight be ossusesd it hi shield .deeline. us Wryer tt. -herd SESTINGIC adoeitte4l. lOsidiali Ale n to ought to have mad" *bow; mites be *mad appeal to the 41801111 1111.1*"11/11PINIIVOVIOei 1:4 bees tendered. • • Prot having deer dr,' Imell'Ated 1 louts sustained during the Ai.VERSTON said, that the petitioner so haring any claim to relief, was at this moment the public in a considerable lain. Mon was laid upon the table. EXTENTS IN MD. SMITH presented a Petition from the Mer chants of London against Extents in Aid. The ATTORNEP•tIENERAL opposed the bring ing np of the Petition. - - The Petition was ordered to He on the table., and to be printed. COURT OF EXCHEQUER IN IRELAND. Mr. IV. WYNN brought up the Report of the Com mittee on the Ninth Report of the Commissioners ap pointed to inquire into alleged abases in the Courts of Law in Ireland. He observed that the Committee, alter having given the fullest censiderationto the sub- ject, had thought it advisable to make extracts from certain parts of the Report, and also to the Chief Baron's letter. There were some points upon which the Committee could form no opinion, for want of the necessary information ; and others, upon which a sa tisfactory answer had not been gives, according to the evidence adduced. Ile now suggested the propriety of having the Report printed, and of collecting as mach evidence as could be got during the recess. If, however, the necessary information was net furnished before the next Session, then it would be for the House to enforce the production stk. The Marquess of LONDONDRRRY, in a tone of voice not quite audible in the gallery, expressed his hope that the House might be enabled to go into the subject next Session with ample information as to all the facts. To effect that object his Majesty's Minis ters would use every exertion. Mr. HICK felt it his duty to abandon the course he intruded to pn+ sue, in consequence of the assurance just. given by the Noble Marquees. He had no doubt whatever that the inquiry would be gone into with the utmost candour. Captain O'GRADY cordially acquiesced in the de termination to procure all the evidence that could be furnished. lie wished to take this opportunity of cot.- reefing a misstatement that had gone abroad as to what he bad said on a former night when speaking of the system upon which the Commissioners had acted. He had been represented as charging the Commis sioners with unfairness towards the Court of Exche quer, as compared with the coarse they adopted to wards the other Courts. This representation was er roneous, for all he had said was, that they had not re commended any ulterior measure wit► respect to any of the other Courts. He did, however, complain that an Honourable ilember had selected the Court of Ex chequer from all the other Courts- as a subject for ul terior proceedings. if these proceedings did not re suit from an abstract lose of justice, he (Captain O'Orady) knot► not - how they were to be represented except as unfair. •Ile. RICE, in explanation, disclaimed le the most decided terms any undue motile in bringing the gees tiow forward. . CalHaie O'GRADY said that the inquiry being par tilt. be ntuse-so that extent think - it unjust. Dr: LUISHINOTON urged the necessity of losing no time In getting all the details - connected with the anbjece,-as Ate interests: of puttee required that a cheviots. setions a nikturrshataht not be kept hang ing etetithd heal, of - M ilidividual holding the high ireffeimiti thews Veto* of the Zech& 14-.460 Wien wilt Vida itidered to !Iron the audlefse ther Courts. With regard to to tu.. The Peti he thanked Ike Asierisreiritrii to Mr. WIL mired to do. Tab Itelsiorthe NM imiividual inted. T co , • *MOM lo om the Lords strut emat • , -Ord PA he Coasting T . krilkini ha to debtor to CAPTAIN ; • The petit I ES present ling of the conduct et.tk• Mr. w. 1 .presenting the hardship of Imprison• rhants of L I ‘.