The Statesman. — London, England, 1812-06-26 00:00:00

,or .•. , Ir ! I 4 41' I 'llte Bill was then committed, and the Report ordered to be received to-morrow. The F %chequer Bill: MR was read a Pecond titne. and order. ed to be committed tamormw. The Irish Stamps' Bill estt through a Committee of they hole }ours, and the Report wit ordered to hr received to-morrow. The Unlawful Oaths' Bill was read a third time passed, The WOW Bill was read a third time mid passed. On theologian that the Irish Poimlatiou Bill he committed, Mr. ROSEaud Sir!. NEWPORT made some ohs-rratiuns, !after which, the question was agreed to. The Bill went through a Comtnittee of the whole House, in which 3lr. W. PerLE toot the opportunity of ttating hi; ap troval of the principle of the Bill, and his disapprobation of he macaw r of carrying it into egecutiou. Sir J. ajlMeortr defended the manner, deeming that the only practicablle mode of curving the prisciple in to• tec.ttion. After some further observations frau General MATH EW and Dlr. gosE, the Report was hrwaght up, and ordered to betakes Into further consideration on Alooday next. The CHANCELLOR of the EXCHEQUER glare notice, Oat be shonld to-morrow move for leave to bring.is a All for a duty op $t- •:e Ware, Mr.-Richmond presented at the Bar of the House certain Ac- Counts respentiog the London Doelts.-- 1 0rdensd to lie ou the tabl Sir e, MARE WOOD mased for an ACcoontof the Number of Walsers of War eonlLied it: various parts of the Kingdom, dis tinguishiag Soldiers from Sailors, so far as the same can be made mot.—Ordered. LI N COLN CASTLE. Sir SAMUEL RONII LLY (the Petition of Tho pas /Lou!den having been again read, which ready before the public) proceeded to call the atten tion of the House to a case, as it appeared to him, of the last itrportance to the rights and privileges of every British subject. Although he had been alai. ous to press this Petition upon the immediate at-' tention of the Howe, it had not been originally his I Intention to do more than move for a Committee to enquire Into the truth of the allegations contained in the Petition, and as that Petition was, at best, but an ex parte statement,to givethe individuals complained i of a fair opportunity to meet that complaint with their er parte statement in return. This he bad done not only from an anxious wish that impartial justice should be done to both sides, but because he had per ceived that the friends of the opposite party were not then ready to answer the charges that were preferred, and which he wished to give them every opportunity 1 of answering in the fullest and most satisfactory man ner possible. He stated this to the house as his apology for having deferred,from time to time, for so long a period, a case of such great moment—a delay, however, to which he would not, even under such circumstances have submitted, if the complainant still continued in eoninement. Mr. Houldee, however, was now no longer a prisoner, and the motion he should submit would be for a select Committee to enquire into what has been, and now is, the mode of i treating all persons confined in Lincoln Castle, and what is the state of that gaol at present. He believed he need scarcely assure the House of his sincere wish , at all times to resist, and put down every tendency to ; spirit of insebordination against those persons en- I trusted with the immediate custody of prisoners, or I of any feeling hostile to that respect, and reverence due to the Magistracy of the country. But in pro portion to the wish he had to support the due weight and authority of the Magistracy, in the same•propor tion must he be anxious to stigmatise all corruption, fonnirance,er negligence that tended to degrade it.— [fear, hear!]—lt would be for the Committee to judge how far the Magistrates referred to in the Pe-1 tition were guilty of all or any of those offences— there certainly was no description of persons impri pened who had a stronger claim on the compassion- ; ate attention of that House, than persons confined for debt.—[Near, hear!]—When they saw, year after year, the Legislature interposing between the vigour of' the law and the unfortunate debtor ; when they saw that Legislature resorting to the most vio- ' lent measures to cancel and annul the penalties of so lemn obligations for the very purpose of rescuing the debtor from the severe pressure of those laws ; when 1 they witnessed all this, they could not but feel that the case of a poor debtor, complaining of grievous hardships and oppressions, io aggravation of his pu- vishment of imprisonment, had strong and peculiar, claims upon their attention.—[ hear, hear !]—lt might be objected that the same laws that deprived I the debtor of his liberty, afforded him protection in confinement : it was true, no doubt, that the prisoner might have his action ; but it was not equally certain, that be had the a ,tos of carrying on the expeaces of a suit, or that it he had not those means, he would be willing to sue fctr redress iu the humiliating character of a pauper.—Tear, hear!] —Having made these general obserbatiees, Lc should now proceed to state, very briefly, the circumstaaces of this particular case. It appeared that the petis Cotter, Thomas Honlden, was brought before a Ma gistrate, Doctor caley Illingwm th, who, on a cow- ,plaint preferred by the gacler, ordered the Petitioner to be removed from the apartment in the prison which he had hitherto occupied, and to be confined, lthough but a prisoner for debt, in one of the cells appropriated to common felons ;—[Hear, hear !]---1 and it farther appeared, that the Petitioner was left to remain closely confined to this cell for eleven days 'and nights successively '• —[Hear, hear, hear!]--; and it also appeared, that during that period he was ' denied the use of pen, ink, and paper, and that no friend whatever was permitted to have access to him. —Ulcer ! hear!]—What the mighty offence was that had called down upon him the indignant seve- Tay of this Doctor Caley Illingwortit, should here after he explained, and it should also be satisfactoe illy - proved that this confinement in a cell for eleven I days and nights, would not have even then been put a stop to, had it not been for the unexpected inter-' •eention of # certain circumstance which could also he very intelligibly explained. But he could not help asking, what was the authority under which the Magistrate meant to shelter such an ad of oppres. rtion ?—[Meer; hear ! ] —He knew of none,—[licar,l hear!]—the common law he was confident, gave I stone ; but it had been contended for, he under. Mood, that all this authority was derivable to the: Magistrate under the operation of the 31st of the' King • be had read the Act attentively, and had found it no such authority.—[hear !)--It did give certain powers in the controul of Houses of Core section to the Magistracy, but such Prisons as the Castle of Lincoln, County Gaols, were, he con tended, the prisons of the Sheriffs, and not •tif the Magistracy —[lleac, hear!]—lf this power had en given by that Act, it would have boost given in vlain and direct words, gad if the ,powsr be not given, it was in vain to talk to that; Muse of what this or that lawyer thought of the construction that *night be put on that Act, when it was evident to any Ilti4/ NO* toad it, that Po Pa coostnictiou was TITE STATEgMAN. within the 'nestling of the Legislature, et the dwelt details, and degrade its most important fun c ti ons .— n o.s enacted—L Hear ! hear !)--Det es to the offence It would have been better, in the present case, had the 1 of the Petitioner, it was simply thiss—Ha had re- petitioner sought his remedy in tho ordinary course ! fused to he supplied with a bed by the gaoler, and of law. lie understood, however, that the Magiss i wished one of his owu to be breught into the p r ison ; trates of the county of Lincoln were anxious for en. i Otis was no ipdolgence. He had a right to this ac- , quiry ; and it'would be better to acoedo to it, with.; commodation by virtue of the 32d of peorge II• out entering farther into the discussion at present. chapter 28, section 4, a provision obviously made Mr. ELLISON had heard it observed, that Ma. with the view of protecting the Prisoner from the rae . gistmtes were not to be permitted to abuse their au• pacity and extortion of the gaoler, who might other- thority. Now he had served as Sheriff 'of his coos. wise insist upon' his own price for an accommodation 1 fy, and had been a Magistrate for the last 4$ yimiic SO indispensable. The Petitioner, however , w as threat. , and had never observed say inch tendency. &bad ened with being turned over into the pauper's ward, in ' diligently enquired into the complaints made is the case he brought in his own bed. He was then thrown Haase last year, with regard lo thh gaol, find he into a roam containing 7 beds and 13 prisoners. It was must say, that the ex parte statements, whicit then in summer—thi weather uncommonly hot, and the I went out to the public ) had tended only to inflame room very close. fl'o this room were two doors—an the minds of the people, particularly at a period of 'inner and an outer grated door. One night, after partial disturbance. Ile deprecated, as peculiarly the Petitioner had been sent to this room, the inner mischievous, the representing Magistrates as not 1 door was closed as well as the outer, and thus the ; only 'oppressors themselves, but 'connivers at the Weal opening between the room and the outer door ' abuses and extortions of others. He would ;sk, was tiosed. It is not improbable that the Petitioner whether such language was calculated to lay the evil (though it is not so stated) might have expressed, in spirit that was now walking abroad through the coun strong language, his indignant sense of such an act 1 try!—[ileac, hear! and a laugh.]—lle did not mesa of oppression directed against himself, beCause he :to say, that motions of this sort might not semetintes did not succumb to the extortion of the Gaoler.— ;do good ; but then there was a wise discretion to be [lfear, hear I Be that as it might, he and the re-', followed, and a rash precipitancy to be avoided.- 1 maining thirteen were, innocent as well as guilty, ; But be did mean to say ) that statements of the !shut up in this room—the usual circulation of air l kind now given were productive of iufinite mischief. denied them, all on account of the supposed con- ,The lion. Member then entered into a statement of 1 tumely of one, [hear!] and in consequence of what the circumstances which attended the death of God then passed between the Petitioner and the Gaoler, frey, the debtor, as given on the Inquest by Mr. the former was brought before Dr. Caleyillingworth, Evans, the surgeon. Mr. Evans stated, that God., who could not find sufficient in the statement of the trey had been a hard liver, that he was afflicted with ' Gaoler to justify the exercise of power he wished to I gall-stones in the bladder, which ended in mortifica• resort to, and expressed his concern to the Prisoner tion; and that the night before his death, Mr. Evans that he could not punish him.—[year !]—This re- declared that he could not live many hours. The gret, however, could not have been of long duration, man could not be saved, and every attention was' for he was again brought before this Dr. Caley 11- paid to him. Ile was ordered spirits because he was 1 lingworth, and was sentenced, in two days after, to accustomed to them, and at the time of his death close confinement in a felon's cell. Here he re- i there were some of them still left in his room. The 1 mained eleven days and nights, and might have re- ! surgeon saw him the night before, and also at fire mained Indefinitely long, had it not been for the ar- 1 o'clock next morning. Mr. Evans complains much rival of the intelligence of a conversation which had i in his statement of the conduct of Mr. Finnerty.— taken place iu that House, on the subject of Mr. I He says, that when he came to give evidence before Finnerty's Petition, complaining of abuses in that pri- 1 the Coroner, that person offered to strike him, be. :.son, on the part of the same Geoid. On the or-1 sides abusing the Coroner himself. As to the rival of this news, the Petitioner was immediately! Petitioner lioulden, he had quarrelled with a fellow. discharged from his cell. And here he could not help' prisoner of the name of Morris, whom he annoyed so congratulating the House upon this instance, among i much as to give him no rest night nor day. This was numberless others, of the great benefits resulting ! the reason for his solitary confinement, which was or. `voted from public discussion. [Hearn lie had often i dered by a respectable Magistrate, who was incapa- I voted in minorities of even six and sixteen, where ; ble of conniving at or abetting extortion. He (Mr. the discussion upon the question on which they were 1 E.) rejoiced that a Committee was to be appointed. out-voted had, by becoming public, led to a cote ! In behalf of himself and his brother Magistrates, he 1 rection of the abuses to which it related. [Hear!], would lay in a claim for as much philanthropy, as He thought that these circumstances did lay grounds much humanity, as the lion. and Learned Gentle for suspecting both extremely corrupt motives in the man could possess. Do not let him monopolise all Gaoler, and most criminal connivance in the Magi- those virtues to himself. He vas glad that there , strate. [Hear I] The Honourable Gentleman would be an opportunity of vindicating the humanity who cheered him would have every opportunity, 'of the Magistrates of Lincoln in that room; and till and, no doubt, come prepared to vindicate; they were proved wrong they ougid art to be ate both Gaoler and Magistrate; but he could not matised. forget what had been stated in Mr. Finnerty's Pe- Mr. BROUGHAM concurred with his Han. and tion, and never contradicted, that one of the Magi- Learned Friend, that the House of Commons could Istrides, in the presence too of another Magistrate, told ! not be better employed than in protecting those de i Mr. Finnerty that he had heard that in other prisons !fenceless persons who were confined for debt. and 1 1 prisoners by paying for them, could get better he trusted that this investigation into a particular ; apartments than others ; and that if he gave three case of alleged abuse, would be productive of gene ', guineas a week he might get better ; and that on Mr. ral good. With regard to the case of Godfrey, 1 Finnerty remonstrating that lie had not the means which he had first brought ender the attention of the to pay so high a rent, the other Magistrate ob- house, he had not said that tho gaoler was the cause served, that be undeesteocl a subscription was going of his death, hut only that a very culpable delay had forward which might enable him to do so.—[Hear, arisen in procuring him medical assistance, which, hear!] —He could not forget that the Member for' even if unavailing, should have been immediately ' Lincolnshire, who came down prepared to answer 1 afforded. There was at least theiaesumption of a every other allegation, was obliged to suffer that to ! favourable-result had it been sooner procured. He remain wholly uncontradicted.—[Hear, hear, hear!] ; held in his hand a stetement on the subject, signed He had heard of a meeting of the Magistrates on the ' by 12 persons, one of whom, indeed, was Mr. Fin -Ist of May, who portioned out the nine sleeping nerty, whom some people might object to, as con, rooms for debtors in the following manner:--seven fined for a libel ; but he must be permitted to ob. to those who could pay for .their beds, and the re- , serve, that Mr. Finnerty's complaints last year maining two to all the rest that could not pay.-- turned out to be too well founded, particularly as to a. [Hear !]—By an order of those Magistrates, places vile nuisance by which he was incommoded. It and cells had been appropriated for refractory and ; turned out, on enquiry, that the necessary of the disorderly debtors. lie knew not the authority un- prison had a communication under his room. An.' der which they made such an order, and he spoke other name signed to the statement, was Mr. Dra as a lawyer. [Mar, hear!] lie stated also, that kard, also confined for a libel ; but he knew him to the Gaoler of Lincoln Castle had a fi xed salary of ; be a peaceable and well-disposed man, au industrious 3001. a year, , independeut of all other emoluments. ' stationer, and not a seditious author. There were, He stated also a case of a debtor in the agonies of besides, affixed to it, the names of those of the Ju death, who died in the night time before any one rors who were on the Coroner's Inquest; and in the dared to disturb the repose of the Gaoler. He did statement it is asserted, that Evans, the sur not say that the debtor might notfiave died, whether geon, in a conversation with these persons pre a medical man had been timely called in or not. It vious to the Inquest, gave a very different account had been lately said, that the gaol was in an inset - ' of the transaction from what he thought proper rection—if so, it was an insurrection of complaint.i to give afterwards. They also assert, that But the prisoners had addressed their complaints in i the conduct of the Coroner was very improper in se the humblest and the most respectful language.— meal instances. He told the Jurors tbere was no Such gaols and prisoners were, he contended, the alternative between bringing in a verdict of " blur- Sheriff's, whose duty it was, not to ride on a caps- , der," or " Died by the visitation of God ;" which risotied horse into the assize town before the Judge, induced the Jurors to bring in the latter . verdict, with white staffs, and trumpets sounding, but to though three of them afterwards said, they thought it consult the ease and comforts of his prisoners, for I would have been more proper to declare, that the his they were, as far as that comfort was consistent prisoner died through the negligence of the gaoler or with their confinement. Fertunately those new his servant. lights had not broken when the great Howard under- 1 Colonel ELLISON explained. took the duty of Sheriff. He then concluded with Sir FRANCIS BURDETT said, be did not wish moving for the Select Committee. to take up the time of the House, now that a Com- Mr. BROUGHAM seconded the motion. I mittee was agreed to he appointed. He rose princi- Mr. CHAPLIN rose in answer, but spoke hs so pally with a view of making one or two observations low a tone, that with the most careful attention, we 'on the state of the gaols in this kingdom. He bad could • not catch even the substance of what he said. , received several letters and communications on this One sentence only we heard, which was, that "the I subject; and he thought that it was highly requisite petition would never have been sent but at the solici- ; that an enquiry should be made, as had been pro teflon of some third person whom he would not ' posed by the Noble Lord (Castlereagh), into the state name." ;of the gaols throughout the United kingdom. He _ . , . . .. _ .__ Lord CASTLEREAGH wished to observe, that trusted that the enquiry would not be like - that which as there would be eo objection to the proposed en- had been made into the state of Cold Bath-fields quirt', it might be better to abstain from entering Prison, which was an enquiry for the parpose of sup into farther details, as the House would he much pressing and not for discovering the truth. On that better prepared for the discussion when all the facts I occasion no power was given to investigate into any were collected by a Committee of Enquiry. At the of the facts alleged by him. Ile trusted, however, same time, perhaps, it would have been more cense- that the present enquiry would serve to bring out the nient to institute a general enquiry into the state of truth. He had come down to the House with the in , the prisons throughout S he Kingdom, as in that case Million of making a variety of observations, tending Sums legislative measure might be adopted which' to crinduate tt.e Magistrates much more than the woeld be applicable to all, for the prevention of Gaoler; but these observations would come with abases.—[Hear I]—The House, he thought, must more propriety before the Committee. His object In feel, that it was wrong, generally speaking, to en- iostituting an etrquiry into the state of Cold Bath courage immediate applications to Parliament, pass. fields Prison, was to tnerklthe outset of a new species •ing by the intermediate, authorities, whose business it of imprisonment in this country, *palely, solitary im was to hear and to rectify complaints of abuses. prisonment. This mode of imprisoning was set on foot Were this practise encouraged in its utmost latitude, under *authority of Mr. Howard, *name entitled It would ornty gyervitelm fasliamest with pinata to the highest yeperation ; bs ibis ; petwitbstand- to m o r e was e x nl po o s r ed e u t o n e f a n obru n t p lm n i s s o ri i s ie o r n z e w n i t , , ich one tia w s hi m cl ot ing he would say, th at a more mist k of it was impossible for the best of nw to devise. [Hear !] And ho trusted th t they would fa i n come back to our old const i tut i onal mod ofl p ; n ment. There was no safety to prisoner but at the free 'Omission of their friends to them. It was. possible to devise any other means by which 111 ; could be secured from rparession. T he the y • r most ex cructa mg tortures might be Inflicted oil a ,he might be ha rasse d i n t h e most vexatious ma*n 1 nPrI and yet it might notb e i n hi s power to procure anitre'') dress, or to state his case, floes Vie eh curnstaje o f the very nature of his imprisonment , precluding bi n from having any evidence of the facts. With re . , spect to the gaol of Lincoln, it appeared that a poor man died without medical assistance, when it ap. peered from the evidence he nos known to In to t most perilous situation. lie was left in that • sous `lion where It was impossible that any di me cal relief , could be afforded him ; and that very fact &low, showed a want of feeling and consideration for the PM of the unfortunate man in the highest degseo blameable. Ile had a paper signed by more than a hundred persons, many of whom were most respect. able; but it was now useless to trouble th R oan l en that subject. It was alleged by these persons, ithat the Coroner was in the practice of ton-roving large sums of money from the Gaoler. and , was con. sequeutly under his influence; that, that p actiee of borrowing money from him even asc.nded t ) the Me. lgistrates ; and that the Gaoler had amassed great wealth in his situation, which was 3001. a.year. This sunk amassed by him, it was said, was as much as 2 0 ,0001 e What the Magistrates chose to call an enquiry Ives completely futile. They used to ask up the gaoler, put a few questions to him, which the gaol .r knew very well how to auswer, and this thsy ca tel an en. quiry ; but this was the way to stifle elf ctual y sli sort of complaint, because the prisoner knew very well how all would terminate, and moreover that eto complaint would be followed with the resentment of the gaoler. It was certainly singular eno , .gh that nothing but solitary confinement was t a ken from the plans of Mr. Howard ; and that every thiag else', our prisons was directly the reverse of what be kit recommended. In this case it appeared that neat ly all the gaol was taken up by the gaoler himself, who had converted the court into a garden, who kept cows in one part of the prison, and had converted a considerable space into a warm bath. Now all these things had been expressly pointed out by Mr. Howard as injurious to prisoners, who were thus deprived of air and exercise. Another thing pointed out by Mr. Howard was the use of irons in solitary confinement, which could he of no use in cells but for the purpoca of torturing. Solitary confinement was recommend. ed merely for the purpose of preventing the prisoner from being exposed to sources of immorality, and not for any purpose of torture. Mr. SHAW LE FEVItE said, the Report-of the late Commissioners had been three years upon their table, and he thought it would have been more man. 17,. .nod more correct in the Hon. Bart. if he had stated his objections to it earlier. So completely, however, did that report contradict the allegations contained in the Petition, that the conclusion gene rally draws, must be, that the Peti i n did not tate the whole' truth. He agreed, however, with what the Hon. Baronet had said respecting solitary con. sfinetneut ; and he hoped that a commission would be sent down to Lincoln, in order to examine witnesse s upon oath. Sir FRANCISBURDETT and Mr. SHAW LE. FEVRE mutually explained. _ Mr. IVILBERFOIiCE Said, that Mr. Howard had often observed, that solitary confinement hat!, in tome instances, produced good effects; but then it emelt not to be loft at the pleasure of the gaoler, bet subjected to proper regulations. Sir S. ROMILLY observed, that in what he sbould say in reply, he would confine his remarks entirety to what had been said personally to himself. One Hon. Gentleman had thought proper to °beetle, that he had no right to assume exclusive huntanit:• to himself, and to leave none of it to the Magistrate; of the County of Lincoln. Now, he would appeal to all who knew him, whether in that House or out of it, he was ever in the habit of talking of his hu manity. A more disgusting picture than the lion. Gentleman had thought fit to draw of him, he had never heard; for the man who was always talking of his humanity and of his conscience, had generally neither the one nor the other, but wa-. lunch more likely to be one of the basest of• human being.. But the Hon. Gentleman had also call• d him (sir S. Ro milly) a very mischievous person, n,laining the pub lic mind, and exciting the people against the Magis strates. Now what had he done t. deserve all mei,/ griavoirg imputations? He had merely presented a petition which had been put into his hands com plaining of grievances, and the mut who should refuse to do so was not fit to • represent the Commons of England. But who were the men who really unsettled and inflamed the public mind? They were those who came forward, and who, though unable to extenuate or explain away the charge which was made, were so ready to ascribe motives to the men who (lid their duty in bringing it under ill(' at tention of Parliament. The Hon. Gentleman had said, that Houlden was put Into solitary confinement, on account of a quarrel which he bad with a fellow prisoner. But because prisoners quarrel, was there no other way to keep them separate in a large gaol, but by shutting them up in cells, and denyin► them the use of paper, and the sight of their frie; d;?-- Surely such statements as this were calculated, if ally thing was so, to excite and inflame the public mind. The Noble Lord had observed, why did not the Pe titioner apply to the visiting Magistrate in the fist instance ? Now, it so happened, that it was this very Magistrate, Dr. Illingworth, against whom the com plaint was made. He could not concur in the idea of sending down a Commission : the House ought not to delegate their inquisitorial powers. He had at tended quarter-sessions, and he certainly never knew sentences of solitary confinement passed by-a Judgv of Assize, in the same manner as they had been passed in those tribunals. One strong difference be tween the quarter-sessions, where Magistrates pre sided, and the higher courts, was, that the proceed ings in the letter were published, and net in the former. 4 : ? `~7' [j i