The Statesman. — London, England, 1814-11-24 00:00:00

asion to correct the Hon. Gentleman on some points n respect to which he had been misinformed. He, ad spoken of the imprisohment of Mr. Lovell for hies years end a half in such a manner, that those who had not carefully attended to the whole of his speech might so far misunderstand him, es to sup pose that this sentence had followed one conviction. Mr. WHITBREAD complained elf this statethent, as he had enumerated the several offences for which Mr. Lovell had been punished. The ATTORNEY-GENERAL knew he bad done tkia, and that those who had carefully attended to the whole of his speech could not fall into the. error ' • but still the manner in which he had treated the subject was such that by some he might be mis- understood on this point. Mr. Lovell nes convicted of a libel in 1807, and sentenced to he imprisoned in the King's Bench, yet after this he had been eon v cted a second, and a third, and a fourth lime of a.. simPar offence. [lt was here observed that Mr. Lovell had been tried but three times.] The Hon. and Learned Gentleman repeated that four convic tions had taken place. He hattbeeo convicted of a libel is Trinity Term, 1807, and sentenced to pay a fine of 501. and be committed to the custody of the Marshal of the King's Bench for one calendar month, and to give security for keeping the peace for the next three years,himself in 5001. and two securities in 1501. each. hile under thew recognizances is Easter Term 1810, he had been convicted of a libel on the Commissioners of the PrOperty Tax. The Hon. Gentleman had said there was a strange par: tiality displayed in respect to the original editor and author, for which Mr. Lovell had been punished.— He would explain the circumstances alluded to. It was true that the Editor of the Manchester Paper bad not been punished. On being sailed upon by the Commissioners, he had given up the author of the article, and made such an apology as was deemed by them satisfactory. The Attorney-General of that day (he himself had not the honour then to be in office) had no object but to protect the Commis sioners, and so they were satisfied, did not consider it his duty to proceed against aft who had been in any way concerned in the publication of the libel ; but the Hon. Gentleman was misinformed with respect to the author. He was prosecuted, and had been punished. In the case of Mr. Lovell, his apology (if he made any) was net satisfactory to the Commissioners, and they had called upon the Crown to proceed against him. He was then sentenced to twelve months im prisoment, and ordered again to give security for three years, himself in 5001. and two others in 2501. each. The next libel for which he was punished was , one reflecting on the conduct of the troops employed in Piccadilly, at the time an Hon. Baronet was corn mitted by that House to the Tower. Of the publi cation of this libel, it was said Mr. Lovell knew no thing till it had gone forth to the world. This it was well known could not in law remove from trim that responsibility which attached to him as Proprietor and Publisher of a Newspaper, which, while he wan in confinement, was thus made the vehicle of ca lumny from which he derived a profit. In .the Michaelmas. Term, 1812, Mr. Lovell was pro ceeded against for a paper on the subject of the treatment of prisoners of war in this country. — A more mischievous and flagitious libel than this— one, more likely to produce dangerous corise-, quonces to our fellow countrymen, then prison ers of war in France s could not be imagined.— He was not there to justify the judgments passed on Mr. Lovell. Those from whom they proceeded needed not vindication from 'him, as it was univer sally known justice tempered with mercy uniformly attend their decisions, but he would say such a libel could not lightly be passed over. For that he had been sentenced to be imprisoned one year and a half, to pay a fine of 5001. to the King, and to give security for his future good behaviour, himself in 10001. and two others in 5001. each. With respect to the circumstances of Mr. Lovell, he on enquiry had found he still possessed the property of the STATESMAN. This was a pro fitable concern (he spoke of Newspapers generally), end not only was Mr. Lovell able to conduct this paper while in prison, but he had set up a new week ly one, called The Guitrartrurtos. Yet possessing these he stated himself unable to pay the fine. He (the Attorney-General) submitted, that where a per son was unable to pay the fine imposed upon him, and had remained in prison beyond the period named in his sentence, it might become the duty of the ad visers of the Crown to say, 46 the time is now ar. rived w hen the clemency of the Crown may be pro perly displayed." But in the case of this individual it had been seen repeated sentences had had no effect on his conduct. He had still the means of circa feting his libels in his hands, which he had retained during the whole period of his confinement in New gate. He could not give securities for his future good conduct. These were called for, not to punish him, hut to protect the public peace, and they were now told by Mr. Lovell himself that no two persons would come forward to answer for him. Under these circumstances, if he were called upon by the Crown for his advice, he must of necessity state, " that the experience of the Court in the case of this individual had found a lenient punishment had not the effect of imposing any salutary re straint on his conduct, and .severity had been found necessary." Wishing, as he sincerely did, that the punishment of every one should be as lenient as possible, consistently with the public security, there was a great difficulty in recommending it to the , Crowli, to give up those securities which the Supreme Court of Judicature had considered indispensably ne cessary, and necessary from the circumstance of for mer pubishments having failed to impose a proper re straint on this individual. These considerations threw difficulties in the way of giving that advice to the Crown which the Hon. Gentleman wished to be given. He, for one, should be glad if they could lie satisfactorily removed. Mr. ANTONY BROWN rejoiced that this case hod at last come before the House, as there was at length, by its being so submitted, an apparent proba bility, that as unfortunate man would have some re lief afforded to him. It had given him great satis __ radii F Action to see his able and Ifonourable Friend, the Mower in this instance, exert bis characteristic elo quence and humanity in advocating the cease of the Petitioner—a sufferer in what might be considered the public cause, thong!! be had unconsciously offend ed against the law. He bad not, however, the same THE STATESMAN. satisfaction and Learned opinion that were.it in hia raise the fine, heowiitta procure MI liberatrmil l and of ilehion thlit ihe sen t. believed Mt. Lovell. hose who` knew-Min as so that he could not procure sort of security for Allgood behaviour..: Let Mt klejcsirsGovertmen reit* the fintyind contentthem.' selieb wI tb seen ritrto lite extent of 2001. and it world, he had no doubyte obtained. Government would act wisely in doing this, for if no mitigation of the sentence was consented to, the public would certainly take up the case of the Petitioner, and the 00111. would be called upon to take a more decided interference in the matter. He had seen letters in Mr. Lovell's possession from malty of the Members of that honer, highly creditable to the feelings of the *Wets, and promising pecuniary. aid in the wily of subscription. However much the situation of the Petitioner.called for this sort of aid,' he trusted it would not be ne cessary by any disinclination to mercy on' the part of the Government. Mt: PONSONBY thought this a case well worthy of the attention of the Houle, and one which, whilst it exhibited an instance of extremity of suffering, calculated to excite general compassion; and justify the extention of Royal clemency, suggested also the necessity of some amendments "of the law as new ad ministeredr relating to libels. It was well known that the laws of this country .recognised no such thing as excessive fine, and nothing could justify ex cessive severity. The Bill of Rights expressly de. dared, that excessive fines should not be imposed.— fine was of this description when a man could not pay it, and to insist upon this when the offending party was unable to comply with the sentence, was an aggravation of punishment- inconsistent with late and reason, and the more severe as there was no k now: Mg when the misery of the sufferer would end. Offences ought not to . be , made sources of emolu ment to any one, far less to. .the State. There was no case in which i st coon of Judicature ought to be more careful than in ideas. tori !te.cneilists. The excess depended on the means of i the party.: In the present case it was evident that whiteier tje fine had been at the time of the sentenee, it was 110 W beyond the Petitioner's means, and, therefore; ex cessive justice consequently demanded that that part of the sentence should now be dispensed with. After such a long period of imprisonment—after six months additional prolongation of that painful period of suf fering and ruin of circumstances and health, the Pe titioner was certainly entitled to some clemency, and he trusted it would not be withheld. thought ratl of the" Court Learned Geo' fot' I heaty [hear, hear, at... _ as were, rather calcalated to excite a , which ought net to exist, against this than an answer toms application for nwif of four years imprisonment.—[Hear, hear!]—Tht Rouse, in his opinion, had nothing to do with a re. vision.of the sentences.—they were not Impugned though certainly the statements of the l'ettitiopery 'which, he had no doubt, were facts, showed most Utrikingly the . harsh manner in which he had been dealt with—what extreme partiality there was in his punishment—Wear, hear, hear!) — It was almost impossible not to suppose that the sentence in this case must have appeared extrava gantly severe, even by, the chart who inflicted it.— What offence wax there on' earth for which a three years and a half lingering imprisonment was not a sufficient. expiation I—What was there in human transgression which - could merit a severer treat. went 1 7 4 sentence of death was mercy when corn. pared with lit.-But what was the offence for which this 'ieirere pnriisitmene had bOlp awarded 1-1-It was one which unavoidahly grew out of a free Gilmer'. ment. The freedom of diecussion, without which no country could be free, made it frequently a diffi cult matter to avoid. the commission of what WIWI termed a libel. —[Hear 1 The laws on the subject or libel were of such a nature that they were frequeittly . more honoured in the breach than the obaervatita.": But, whatever might be -the policy of the law, Ail imprisonment in this cue had already continue d be. yond even the long term of the senteume, and the question now Was, whether a period shoeld aot at , last he put to the sufferings of this unfor/tanate man ? 1 He hoped, that if a termination was not speedily put to his imprisonment, his Honourable Friend would at some period of the Session again bring this subject before the House—he earnestly etilreited him oot to relax in his efforts to, this end ; he, for one, should feel it his incumbent duty to give his aid, and he hoped other Members of the House of Commons would also feel it no less a duty they owed to ha. inanity to give their cordial support to such min., yours. Sir GILBERT HEATIICOTE said the Hon. Gentlemen opposite would do well to take this case under consideration, and recommend a compliance with the prayer of the petition. It was hot usual for the House to interfere with sent aces of the jndieial tribunals, but it was author in doing so when there was an appearance of unnecessary rigour or injustice. This interference was not at present craved—a Petition for mercy on the plea of long and extraordinary suffering was what called far attention, as no other means for the attain nient of relief had pre'ved effectual, and all that the House had to do wps merely to give exprossion to their wishes, and . these he thought should be in favour of the' Petitioner. Mr, Lovell's case was confessed to be a herd one ; he might deserve the name of a turbulent man, but that was' matter of opinion. Ile himself (Sir G. H.), he suspected, was considered by the Gentlemen op• posite rather a turbulent person—[a laugh]; —and ' so perhaps might all the Gentlemen on his side of the House, but that was only matter of opinion with the other side.---[Much laughing.]--There was, however, too great a disposition with these Gentle. men to consider ail who differed in opinion with them of a turbulent cast • but the exercise of authority in suppression of pol itical sentiments, or relating to any thing connected with the preservation of the rights of men, was net to be silently regarded. He could not but deprecate the way• in which those who' , were held guilty of libels were punished. There were some species of punishments awarded to per. I sons pronounced offenders in this, particular, which certainty were worse than death.---[Hear, hear !]- For in many cases, these persons; who were generally men of education were treated as the worst of felons ) 1 and made companions of the most dissolute and repro. bate criminals—nay, they were often made to suffer an addition of punishment, which was never con templated, as gaolers sometimes thought it meritori ous to add every severity in their power to the sen tence of the law. He did not mean to say that this was the case in the instance of the present Peti tioner, but he knew of such cases of hardship.---: The Hon. Baronet mentioned the cases of Mr. Cob bett being at first pot among the felons in Newgate, and that of Mr. Finnerty's treatmeant at the Castle/ of Lincoln. This place, from its comparative extent and advantage of situation, was fixed on as one , where the Prisoner might naturally expect to enjoy as great comforts as were compatible with his impri. sonment ; but what was intended as mercy to the pri- I soner, was, through the rigour of the gaoler and the interference of tyrannical Magistrates, converted into a punishment infinitely beyond what was in the , contemplation of the Judge at the time when the sentence was passed. To this fact he could speak ! from his acquaintance with that part of the court, I try. He had no di ffi culty in saying, that endeavouri I were but too often used to render the situation ! of persons suffering for libel as uncomfortable • as possible • and that there was a rigour too often extended beyond the law. He thought that Go vernment would do well to apportion a part Or the resources with which they were entrusted, in the erection of a particular prison for persons convicted of offences of this nature, that no unnecessary ' e ve.' rity might be experienced by the classing of men of education with persons of the most depraved charac ters and habits. Mr. BATHURST observed, that the question was, whether the additional imprisonment suffered by Mr. Lovell could be held to be a sufficient com mutation for the , fine he was not able to pay. ,With regard to the securities, the Court always formed Its opinion not merely upon the pecuniary, cir,cum stances, but also upon the conduct of the pcistmer. Mr. WHITIAEAD loped that nothing that had fillenlrom him would have the effect of injuring the muse be had espoused; all that he craved was mercy to Mr. Lovell ; and was happy to and that the dis position of the House was so much in favour of the Petitioner. Mr. Alderman ATKINS found it necessary to make some observations en the safject now before the House. In the course of his duty, as a Magistrate, he had visited the room in which Mr. Lovell was confined, and he believed, from other particulars which had come within his knowledge, he could speak to the Petitioners's situation. Frnm all 'that . he perceived or could learn regarding Mr. Lovell's affairs, be was convinced he was unable to pay the fine inflicted upon him. He was certainly not living in affluence, he had nothing but a r ti c l es o f common necessity about him, and his circumstances, he was persuaded, were those of a diitressed pinion, which was not surprising at the'ead of four years tnnfinement. From the conversed°. which hi had had with Mr. ever have and never will deny it. It , ted in this account from authority, to a endeavouring to detract from the sour of his Royal Highness, Colonel would not have been promoted: The tr. have understood from several military Butt where an officer had had the comity giment, and had so distinguished himsel) the Commander of the forces to mention the dispatches, it is the atnittins_p fac ti ce that officer one step in - rank. But it+ or be not.the rule, it makes no difference, Roberts had, until this affair, received of tho kindness and favour of the Prin. its to the former part of the paragraph t am most anxious that. the House should tinctly to understand that I did not, fully state any fact on the former nigh -not borne out by the evidence. I ' making my statement I trod on ground, but I thick the House wilt do think that I did not bring forward which 1 did not believe to Woo, or wit evidence, which, If called'epon„ I cow [Hear, hear !]—The. thing denied Ity letter was, by the dOsire of the Officers meat, given to the Prince Regent. I I maintain that the letter was not given Palmer to the Prince Regent at the Officers. The•precise contrary was C Officers of the 10th were most anzious ter should not be given to his Royal 111 affirm that when Colonel Quentin made for the letter as from the Pii.. , l Regeiir refused, and I call upon my Gettoit me (Colonel Palmer) to state, whether authority to give the letter to the Prince , 1 whether he wits not en , the cont rary, deli .1 siderthe letter es cancelled ? :sherbet., had berwsigned, they did not Aid? to This is a most material part of the tram cause upon that, give one leave to say, 4711fesiew against the! , Mint. There illuitli:4ler, which snow persons have cal • robin, - *One them : the Order frees . Clotted+ istatesV thaethe whole pro , Peding originate in that letter, which would not aim could ant been prodoceit,if that conduct had been permed, which it was supposed would hare been pn rsusd. I therefore call upon the Hon. Gentleman (Col, Pal. mer) to state, whether, when Col. Queutiu tads at application to the Officers to give up the ilfttet, bat. inedt is_ said, the corium nd of the Prima, Regent to require it, the Officers did riot Intatlignoe6.l, refusese resign it ? tis it not, the fact, that t Noe did afterwards go with the letter to the ;Met itt. gent, tor 'whom bower' commanded to ;Ivo ittop,int without wbiel, command Ise would not haws, resimd the possesainti of it Tiler ansieliontee tl.oc tbt letter was - put lota the handy of the Pr:- the . ..(I;fic4is were visited by tae'dreadful p% inishmtot .whioh has since' been • Inflicted. I wish' Roue distinctly to understood that what I moo led oa t fOrmer night, is borne out by the fact, that tI 01. cerg never did consent that the letter thou Id hells. livered to the Prince Regent, on the I that they wished it to be consiUred os it • the . !ter haditever been written. The truth is, i THE TENTH LIGHT DRAGOONS., I I Mr. TIER.NErrose and spoke se fellows :—The : Royal Highness being made aware of the e.l House need not be informed, that yesterday a notice of 'a letter,. did command Colonel Palmer to , 'i.was given of a renewed discussion relative to the l pro- up, and that his Royal Highness did .take . tf oft, ceedings of the Court-Martial on Colonel Qoentin,' . from his'hatids, furnish evul wets and dkt thereby . fill and the conduct of Government towards the O ffi cers the Prisoner, ea which his Royal Highness , lid , ~ of the 10th Regiment of Light Dragoons. Lives not himself justified in passing the most severe le Mom itrere at that time that I was it all implicated by the , upon the'ol fi cers of the 10th Hussars. It is sot paper to which the Hon . . Colonel alluded a. but,when toy intention upon this occasion to go into an sr. ,it was afterwards put into my hends, I found that g!tmeet upon the Wu*, or. to 'provoke atiy nest my conduct had been celled lido question to the full', Flocessiess.:, it is the lasi thing I hove in my coPleo' as mach as that of the Hon. Colonel. So far I differ plation : I had hoped that there woeld be no occh from him upon this occasion, that I think,the,sooner sion to trouble the House et all, .bet pinned in !yin -1 that Paper is noticed the better, • and .for r im- : culiar situation, charged, /a l l am frost . pose I beg leave to call the attentien,ef the louse to (and no man can dreiht what thaVauthority it, ! a subject on which, considering the part ) hate then, daily when she fiords areyrintiad in Italics), it may naturally be supposed that my. feelings , are , that I amisimint, in duty td *. 'o w n character very much alive. ICU a Paper of sihich'til'e,mean upon the firm' iatibleGetstleman to stale r to complain in the harsh sense of the word: ~I knew in the Siettslioril made, lbere*ls one duet i. . .. Ithat all public men are liable to animadfr.r. rie. end... wh ich is not established by the flot t . :As $9 i had it purported to be the opinien 0r.4.4), ;co t of mord • between ' the gallant Coloosel e a d.iihe , the,Conricr (in Which %Tema! it was upon Wiwi), I: Iteggirt, there can be ' no other' teitirenny thitu'llb I should not have troubled the House O4 occa, ' own. With respect to the Oirsieil• reining' iookti' i • • • but the document is given as from authority — ; Ter up the' letter. In the mess-roomi I can Wail t also, i and although . I dooot mean to state what that au-, every Officer who was present; bet *hat Icall slim I fthority is, under the circumstances, I suppose there , the Rutiourable Colonel to ,state is, •whetherie, Ilf is not a Gentleman here who will; not feel certain !' desire of the Officers of the 10th Hussars, had pat that it is no ordinary nuthoritY. It lives a contra-' the letter into the posiessiee of the Prince Rogoott diction to a statement.l felt it my, duty to make to and whether his Royal Highness did not avail him ' the House, of facts whiCh I adduced to support my self of his situation to fur n ish . the. Prisoner With argument as to the bard situation i n whi c h t h e . ofli- evidence against the Officers by giving up that lOW I airs of the 10th Hussars were placed by the conduct , which was made the - foondetion of their punishment! of Government. The passage to which I particular- : .'rOnset PALAntli. stated that he cime doors to ly advert is the following:—" 111 the same Paper s ' the House in consequence of a note from his Rig Mr. Tierney is made to sey, 'that .col.Que,ntin ap.. Honourable Friend this morning, and Mier whet ht plied to the Officers at the mes s, _ dearondiog,,s ht.: had said, found it necessary ioenter 411100.0 stated, by the authority of. he Regent;thet the lei T ,! flatten, which he shOuld have wished' to *MT •.. ' ter should be delivered tettim•, hut ibis dessind•waa std , twit he entered; int o the Wh o l e of tie'. not complied with, and Ope n r eference to the Regent' stances. With respect 16 the letter in. geolltboosi„. it was found that no such atithorityled been given , knew nothing o f . it .unt il I t nap d e liv ere d to SKIT to him. That on a sdbiequent audience J ae 'Went the Officers of the 'reginient, .to be used at / 1 0 64 demanded this letter hem Col. Pelmes,atid it was at. cretion. He had felt it right, Utile first Indoor cordingly Surrendered to his Royal Iligrinesa, through in point of fairness anti honour, as any Gentians whom it found its way to the Horse Geards and Col. l ...,present would have done un d er stick cicosestascm. Quentin.' " And Mr:Tierney is alito.mede 4O say, to communicate it to Colonel Quentin.; bet Co* " That Colonel Roberts, for the gallantry and • good dered that it was a matter of confidenie betweeedeb conduct of the regiment under his iteapicei, while Officer and himself, nor did he conceive himself /no: subject to the inspection of the Duke of Wellington, therbound to Colonel' Quentin than to commit*. had been raised to the rank of Lieutenant-Colonel, thacomplaints of the Officers to his Reyalitlighallli from his station of Major." As to the latter words . which he did immediately afterwards, as aolsonlol' of the paragraph, I•do not comprehend whet, is the ing Officer in the absence of Colonel - Quentin, Ott difference between what lam represented_ es having lie thought it his duty to wait upon the Mum Fin'' said, and the subsequent statement given from . au. gent to inform his Royal Ifighneint of the state of de thority :ifit be thought that I memo, to deny the land- regiment, but did not. say any thing regarding nesse( his Royal Highness towards. the Officer !lamed, ' letter,—Colonel Queftlie was at that time ablelA my relation, I was certainlY, misunderstood, be. but he unexpectedly returned, and was present duriag cause I expressly added, that nothing could make me the reit of the conversation. Colonel Palmer' WU; forget the sentiments of gratitude that ought , to be ! d e ii r ed to go to t h e Offi cers of the reg i men t, spa felt. It is aiserted , from authority, that Colonel a deliver the commands of the Prince Regent; that' Roberts was . relied to . the, rank of Lieuterkant-Co- i they : should prefer charges 'against Colonel Queotil' lone!, by the unsolicited fav our o f the Prince Regent, i While the Officers were considering the sake', to whom as Colonel of ihe 10111 Hussars .he pre. l Colonel Quentin came to the mess -roam and demand wilted himself immediately on his return f rom th e ettlies . letter. Vie Odicers• refused, ustetti"g 11 l Peninsula. The fait i s , that there had feet', an itc.l the Jtter had rietbeen'delivetra, and was; in•effec: lion, in which Celonel Roberts Inni alistingui!.hed ..cpiielled: . Colonel. Qbetititi theu •said Wit lie hi! himself ; but at the same time lAmit that _it viei s etri Fhb .ertir 'or" the 11 Prince ' ' t that ,th or should act of favour on the p ar t o f t h e Prince Regent ; - I • deliver It up ) and stated his intention of e'llch'si'l lin !tearing what had been said by the Hon. Lovell, he wa „ ly of op td Gentleman who had taken upon him, he (the Petitione goiter to :her unnecessarily, injogi p s at t wit 'to pow It against the unhagp/ t r• 1 T tin tit vi be wns I entlentan spoke it' if *e iser titill e tinig kcgin l e iekrgited ry ientence *Wale m 4,11440 1" pr, 'wit/eat oke *nit kith , ft*, hear !], and his observations were such dangerous a character as tit . . ~....jr....4aziar 1.4..._ It is ottfy . ft - 7 • ity, to shirr kit the kindness telw when, hat fo# eye Colonel Rah % The truth isol i ti iilitary Genitalia command of a . himself veto I *. . mention hit; w ~ pfactice to 1 1 1 at whether Ifference, doter€ 4,. aired many 404 ~ Prince .Regiaik t raph that I reek% itould be made (11. not, at lean ail ; r Hight which ese I know that w extremely dell ill do me. Sas*t it ward at faetklit or withoot Wife** I could. atitiasa, I try me is, that this Ifficer. of - the regi. t. I re-ilfirm it.— given II Colo the de sire of tip is as the fact, for th ainus th at the lm yal Higi meas. Ire. I made The dee* regent, the Ohm int Fri. end bliirt Nether I to had lay Prime Ilaegent, of try, deli red to est. ilether, Wham if tab to wiitbdreetitt he trona *lion, be. say, torn *the *hits. (here is t lethiag ha ave ealle 4 a round. r front the lions rnreeding etigitene silo could wet haw had been permed, to beets pe railed. 1 !liftman (Col. Pal. D i. Queatiu made at it u p the liter, hat. he Prince Regent t, um i inneGli refese If ti.t, that t ,01. Pokier fr. f hen tiriaTs Da_ tit , 01. i Id he da. snottily, f the let. 0,144 his e. sighted o give ft th IP Witt id ease is 3 , lid fed so intend [t is sot o an sr. any new y cants. no wet• in inype• caked' p ill, e* a), ( fed ter to sitit whet,' e syl to wine he Haas then his 1 to deli. a addia call epee er ha t by had put 1 Revd, wail his- ner wits at lOW,' tightwad doers 0 ds Right r what he lil ,T# j ot V.. WON 1 16.1* t WOK into* endow , sew" et cett wenn ow sad( frob' smoke lighaeler minutia- in, when ince Re- le of the ding do ablest, It dude; dr. , h'-`