The British Press; or, Morning Literary Advertiser. — London, England, 1819-01-26 00:00:00

1 , in every view so important, and which required the fullest explanation, foe the sake of the honour and character of t he country, that not a moment should be lost in makiitg what appeared to him to he the necessary insestigation. White MM. Oeittlessom was abhor to express his opinion of the act to who'll lie al titled., when The SPEAKER interposed, and reminded the Non. !Member that after he had put his question, it was irregular to ruler upon may tog ttttt emotive remarks. Mr. HUME apologized, :soil pleaded his inex perueure. ile arirle.l, that its legs the fullest r spite 'tattoo were to doe 11..14 liven, he ".114,1,1,1 feel it his et!ity to opp o se the vote ut Maui's to tletteral Sir Thomas Hitilsm. Mr. CANNING, in answer to the question which lied been pit . , said, it was the intention or his MA jeloy'a Government to lay before miens the whale of the isiformatiou that had beets tr.tissimited to them by the Authorities in India, touching the ',articular. , of the late war in which they were en rtz,ed. Whether that information. when delivered, would appear satisfactory to the Hun. Gentleman on the particular circumstance to which he referred, tti• upon oily other, it was tint for him (Slr. Can sun:) is. determine ; hut he thought it better to ri‘v,itt the regular delivery of the 'tapers alluded to, that, to au ticepitte soy discussion, which it would Ise totae regular in have at a future period. PETITION OF THE CORPORATION OF LONDON FOR A REVISION OF THE CRIMINAL Cope. The Sheriffs lot London oimeareol at tlor awl pr.-wilted a Petition f the Lord 111sytor, Aldermen, and Commons, of the Cm . of London in Common Council amiembled, praying for a re viaion of the Criminal Code. Thi. Petit WM , then deliverer! in And rend by the Clerk. It lot forth, in ruh,t-itcr the following, opinions strdtments:— That the Corporation of London, heing greatly interested in the Police for this City. and for the Comity of Allis!dirges, whe r e his 11 , .jesty's Commis...no' is yearly issued for 11w Trial of Offenders, and in coos. gnawer of which Eight Sessions air In td within the Year, are deeply impr.sse.l ith no convirtion of the increase of Crime, the irreetilari. tit. of the I notion I LAW, allli Its 14/11 1111081 politic Morals. That upward« of 200 Crimea, very different in their de. greec of vionitiiiy, are equally stihji et to the poiledmient of I)exth, a herb is enacted slot only for the 11100 airoeions offences—tor tforglary, fior lisp., for Mmder„ suit 1..,- Trea son—loft fu► 'shiny offences itnattemleil with any cruelty or violence, fir various mime erisnee, and even for stealitig privately in the ammint of five shillitigs iii a shop. 'find from Returns to the House of Commons it appears. that Crimes have bees. for some years rapidly i Molt in nundier amid maligiiity, to the icjitry of the rising views awl the debases... n 1 of the tiatdmal character. That there are. consiniitrd for Trial in the year 1011 11113 11 1 14 The Capital Convict h.ns fur Middlesex were, an Ihe year 1811 . 132 1115 1813 1814 There wet, ex/voted in 31iddlts.s. is. tilt hear 1011 1813 1814 ...... .... 21 1617 There weer confined in Newgate wily, of boys of 17 years and nods r, In Ilse year 1813 18lis Thole vele emomitteil for lfdigl.isol and %Salts, in Illy 1 ttos I` , 11. !sr; 1814 1817 in the different poh iu 1815 ..... 7,1418 11418 1617 artiplino of the Criminal Laws to the sq„„I R. 4 It, Ipg , Sentiments 4 the Nrtion, the inr re..e ..t rrmor nest lw prove F•sive ; because, striing a• are the oldie:elu s.. einem all good Subjects In aaAlat lII< A Jmirol.t.w. I 1111 l of we, they are overpowered he tetidermas fur whirls 11,1C111310 . 1. I/1 Ihr_inild precepts of MIT Religion. Thai ltili.V n.jurt•d Per.ll.lll refuse to prosecute, breams tbry 'lmmo, preform a dots a herb is repuzisaiet In their 11a. tuns, by to instrono otal in the itifliction of seemly, (ono-ars tit tbi in ideas of ail, goat, retri►utioo ; mid by suds impunity 1/11iir Offenders, instead of ►eing elwi kr', in their fit•t eleparisere from virtue, are ►offered to ids :ince front e•seinel offemres to crimes of great atr..rity. That mime Jurymen submit to Flocs rather than art a% Arbiters of life and Death, in e•.ues where slw•y tlottok the I mo ishment of I)eatli ought slot to M• iufln test. Thal mow foir”iiroo are deterred from amt,icl 11i...4111%e of Stoic *lotto, and acquit guilt, sir militate the offence:, au as not to .ol.j• rt thr t ItTender to the punishment of Dwells; end Itioq RP‘IIIIIr a sioserelion never intruded to hr ve+t. d in •lure•, end rein,' the raunchily of a jndu•:ri 11,014 'spun oioeh it,, Ternl ley Jury mewls depool.. , . .... Thul IIII• fIcIrr•TlillItti011 by Juno . % In oppose dit t• clisici nwitt. 4.t mor Lass, is of hilly act to I 41 l ice. . . _ That, smuttiest other instances, • Jury, rather Than be instrumental in inflicting the punishment of death for I tr. cony w ihr nrn lof 4tls• lium a dwelling, fuuud a 111/ • to he Worth only 394. _ • 'find number Jury, influenced by the same motivea,. Hills of Lai-kluge, value IN. each, and right Kruk .... value Inl each, •ortlt the Qame sum of 395. That wr have no !riding hut matituile and re:pret at the ►dmmislrottunofllse I by the Leaned Jndfrs, 111, in the exercise of the Hovel Prerogative of Mrrey ; hist they are intlucneril by nuisideriag the slate of the law itself, as ITurslint the means of evasions dam:erupt; to the Ormolu- V. anal opposite to the mild !precepts of the Gospel, which traelittli fib In have as brethren, nod desire out the death of a eimwr. but rather that he should turn from Ms trial:d ues. n.iti It concloded by prayin.4, that this Honourable Iloure would lost sin timeiu considering the im pnrtant sohjyrt which the Petitioners sul.mited to its tnnsiste►otinn. M►. Alderman Wool), in ri•iug to more that Ihrtaton be laid on thr table, spoke WI ful. loos : •' I am sore, Sir, the !louse will think ►with me, that the Petition now ',melded for its consideration refers to a subject of the highest importance to the lionsinr suit charseter of the c try.—/ Lowe! cries s . j Ilan, hear./—'l'h•• scare 111 M this sub- Joel loam neeniaril the attention of very able and s x. i .eriroiced men, of very wise and learned lawyers, ,Inrull,► the best half century. I need not trespass Alan the attention of the House by alluding to the opinions Orion,/ so generally known and Isis. proved, of the distinguished characters to whom I and who have all reels 000000 ended imprison ment Is WI labour rather than death, fur the punish ment of crime, mud the amelioration or the morals of criminals. There is not a man who hears n:e that dors not know, either front his own exl•erienrr or fron► his sources of information through other aught utic ehasinels, that notwithstanding the seve- Inv ' , four Criminal Code, crimes have of lute hero contnitiallv upon the iocrease, and that the applies ! of !t'd's! punislimeist has been bound utterly ticitiecionte to pn n furr the etl;et fur which it was hear.) —So tulle effect 114 s the • denunciation of death produced upon criminals, that sonic time ago it was their practice to halo' mock courts, for the purpose of deciding upon the probable Liars among themselves which woul4 ter in the conviction of the jonroies; and the rest then latiglwil at the sort of ordeal to which they were ex pest d, and turned tutu mockery the pro. cresting% adopted towards them. It is my practice. aril indeed I am bound to 010 so from the nature of my magisterial &oleo., to visit the prison rot Newgoote frequently. I was there so late as yea. ttrolay, and cuievo rsed Riming forty convicts, who ate sentenced to death, but mot tsule o f 'AMU believes that he will suffer the extreme punishment of • the law—they make this calculation upon very ins tural grounds; for, I believe, cm the average, not now lit 13 en frets the full puninlitnent which is awarded against him. 'Phis utocertionity of punish ment is a great evil. I know that the fwtntain of mercy must be left to the operation of lOU od olosere. • t 00000 , and cannot be %permed by any eery general or &lined rides. But it would be well 0* some system of punislimant were adopted which would ail with certainty 'you the mind of the offender. As it is at present, the culprit, from the uncertainty in which Itnjw, and a reference to the (oses oh' others leave him, makes no preparation for death ; the idea never enters his thoughts when he is sur rounded by large numbers alto are precisely in the tune predicament with himself. 1 yesterday tillkrti with some convicts whose offences were of that china which ought to leave them little hope of snercv, according to the experiroce presented by similar cases. and yet not one of them "Tenni! to possess the slightest Hen that his senteowe would he carried into execution. It would be presumptio', of tar to enter here intro the character sit the law nod its effect as it bears upon particular cases. 'flint sub ject, 1 ant glint to timid, is likely to be taken up by an lion. and Learned Gentleman who is far better able to do it adequate justice. If no sillier persona had taken up that subject, I should myself have made the attempt, so convinced am I of the 'sects city of au alteration in our present system. On this *object it is impossible for us out to feel, in root. moo with the comitry, the great Iwo; that all good men have sustained in the death ref Sir Samuel Itomilly.—illear, hear, hear.)—The loss of such a mom, alto was so well calculated to do Justice to a subject of thin importance, 13111 never be too deeply deplored. 1 have lately visited the Cominient, and noloected s u number of foreign prisons ; I have seen from 12 to 1,400 convicts in a single prinon; the general practice is to doom them to hard labour for a given terns of years, and the instances are rare indeed, where any of these iritiies, after the expiration of thew coultiittrittrilt, rt•lttrut in iniqui tous practices. In Switzeiland the certainty of looonishinent is found also to otter its. in the manner in which it is intended. The comic's sentenced to die there are sure to inert their fate, awl therefore prepare at once to ttive effect to the real example which op t rates ujimi society. In this country too such effect is joroolisceol by the dritittielattull of this seisteoce, and the real rut is in a great measure lost."---( Hear, heir.)-- . 1 he worthy Alderman concluded by onnviug, that this l'etitieu be laid oil the table. Mr. Aliktssiati WAITIMAN addressed the !louse as " iisoig to second the motion of my worthy Friend, I do not intend to voter upon the im portant ditrusssion which this Petition involves. Though I do mit ineun to enter at large ul his great question, I hope I may he permitted to draw the attention of the !loose to one or two of the lead ing facts which this Petition contains. 'I Ile 1114111 filet of the increase of crime in an alarming degree, is incontrovertible. Without referring to the rouse of thi. progressive evil, we see the plain fact to be, that the ratio of the increase of crime loss been in the proportiou of four to one within the last ten years throughout the kingd . F elmist 4.000, the slumber of criminals in tlw course of a year had dllllollllltti to I , 0 0 0 . In London the committals did not bear the same import ))))) to the charges made in other parts of tlw country, for the crowded state of the prisons, and the uncertainty of the parti-t receiving any amelioration by being thrust into communities to placed, and being exposed to the rigour of the Pried Laws, induced Magistrates to he more circumspect in the committal of I, 4lvi duals upon loose and incomplete charges. There is a statement in a limper which fell into my hands this day, and which is periodically distributed among the Magistrates of the metropolis—flout this I find that daring the last year 600 were convicted, under '2 I yea's of age, autl I have fed%oll to believe that the whole nimilter of boys tried from Newgate within the last year, was little lets thuts 1,000. — (/(ear, hear.)-1 have to txpress a hope that the gieut importance of tliis question, and the man ner its abich it is taken up by the Corporation of I. lon will impress upon his Alajesty's Minis ters the necessity of taking sonic steps, and adopt ing sonie measures to meet so alarming and ilicreas tog au evil."— I (ear, hear, hear.) Mr. BATIIUUST—" i agree its the importance which the /lon. Aldermen opposite have undated to this question, and I aw ready to concur with thou in thinking, that it is desirable to hove this investi gation conducted where °lily it can be conducted with ttfect—l mean by the Legislature itself. There is an intimation that the indict: of the metropolis and gettersl state of the priseits, will he shortly brought wider the consideration of the I loose. The question which is connected wills this Petition can then be discussed, together with the topics. great as they are, which it involves, with the best opportu nity for the full consideration of the whole subject. The facts are certainty sufficient to invite die atten tion of the Legislature. %Vitt' respect to the in ciease of criminals, I am of opinion that it is to he aecuunted for in a variety of ways. But I do not think the amount of ermines has increased in the metropolis its the same proportion as in other plaices. It is certainly untortimate that the acts of old offilii ders are so well directed us to secure themselves with imputtity, while they put forward for detection the young and comparatively artless, who are inertly wanting under the old adepts at the commission of crime. Whether any put of one Criminal Code can be so arranged or remodelled, as to suppress or re duce the crime, by allowilig, with commutative im punity, the offender, who (however young) is the hood that commits the offence, to escape puilisn went, though lie is not the head that plants it— whether, I say, oily such system of law can be car ried tutu salutary effect, is not for me to surmise; that remains fur the Legislature to consider and whet the proper time li,t its ; LA I hope the 111iiii.e well give the ques'iiiii its tierliva The Petition Wu* then laid too the Whir s and or dried to be primed. Mr. Tt ERN b:y—" nefore the motion no the pr. , - Petit tit tole of di...lowing of (his I'olllllli 14 irw44Cll, w 11. 1) lo uttilerstotol the 10; 4 1d II able tiesss lr mass. saps, I ilossk, I hot a Nlll.le Gird, wham we know to be in the csoutislrsics• ill (I.sbr tttttt rot, is about to call the I.ltrillltits of 1....1.4451,15t It) 11106 subject. I wan extremely welt 1. 1 ..-1- 1 It. hoar "1" itituutttiott % hrests.e it koked tt. t•t,d , 4 l ow-twu Weir to receive the seriolis 4.401141111ri%i1w0. 11 ma 11w 411 1 .- 110 ft of 1114 Milje4ly'm (ioberissisens. But, an I now gather f the liaglit Clow (iietttlrmail, the •_treitt question of the whole state of the Criminal Code of tills country is to be Inotight forward only its a rider to a mottos' sbutit prisons.—(iffeqr.) I ' 4 ' l hoped this would not be the fate isl such it ques tion. 1 now hod, however, Imo the 11111111rf iu whack thWal• ptrrllllso in the confidence of Govern mend seemed disposed Ist consider the subject, that they have nothing of How own to propsn.e— if they hail, why shape it as a rider to aisothyr and a distinct 'notion If this is all which the Noble Lord, who is said to have the bit-itte,s isi hands, nseauv to do , laholild be lunch better pleased that he would desist front los labour.). If he will not bring. it on :is a whole, I should fur one rather lie would leave it 111011 e, tutu prrnul It 1,5 rrat with those to that !loose wit , . were te It, liriog it fm nun' to the only manner ill who It it could be discussed with a beneficial interest to the public at large." CASE (IF DR. 01111.I.ORAN. AND STATE Dl' THE c.UNVICT Mr. BEN N ITT—" I hold in my hand, Sir, a Pe.. titiots front Dr. 0' Halloran. who is a convict on bow.l Vt•••ff l Irow, I to BOtaily 1 . 013 . • I smartest the serious at tetittets of the Mouse to the meager contained in this Petition.---11,lenr.)—Dr. O'Halloran first complains aft he severe hardship of the sentence which has been passed upon him, sod which is now Arun to be carried into roil effect ; 01111 secondly, be corm:lines of the cruelty which lute been isiflicted upon him on ',nod the vessel in which he is placed. As to the first complaint. I believe there can he hut one opinion, outairly, that the sentence of transports'. lima for ars o n years fur forging frank to defraud the Post-oflice of ten-pence, is one which ereutis r x creds the measure of punishiatent doe to SUCII en offence; and this, if I am riJitlY inflame'', is the first instance is which it has been inflicted. I have heard it said that this man's character has not been good, that lie list. committed other offences. animig the rest, that lie had fairly assnmerf the character and office of • clergyman. Why not then have tried Inns for such an offence, and made his punish ment hear smile proportion to his crime > Of his character I know nothing. Witco visiting Newgate he attnicted my attention rr(1111 Ins 1101 Ilirritsrait% and the helpless situation of his family. If this twin had transgressed the law for a serious tilretice, he should have liven tried on that charge, and not u; such a one as this, for the pitri/O.r of regime tog him from this country. If Julies see that such shell lie the result of their convictions it, a case like this of Dr. O'Halloran's, they will do what they have dame in similar vases where the 'min.:limo-lir greatly exceeds the moral measure of the ofFoltiel's guilt—they will return a verdict of Not Guilty sootier than be a party to the infliction of sock pu nishments. Respecting the cruelly of which the Petitioner complains, lie say♦ that he was lirat thrown into Coldhatli-lields Prison, and from thence removed to Newgate, where I sew 10111 lag September in the condemned cells, among '2ll or 30 !toys. He was alterwarde removed to the place called the !hospital. For these repeated removals, and the as.ricsation to which the Petitioner was ex posed, I lay no blame to any hotly. They were the consequence or the crowded state of the prison, winch nrcessatily imposed such a 1111116111111ellt 1111011 Prisoner 1,. lire trial. Quitting tor 11 moment Dr. • O'Halloran's caw, a n d looking at the preiwitt state of Newgate, what will the House think when it knows, diet the Id abeeirloned wretches l a t e ly s ea . tenced to imprisoutuent there from the Nlidillesex Seasnoss, are, from the crowded state of the prison, obligvtl to be kept together in one and the same room, subject of course to all the infamous uttend anis upon this species or Contir.rinent upon outcasts of so alvsisil al a class. The Magistrates who sentenced them knew the state of Newgate, and yet they selected this prison law the purpose of confissing such wretches.—(lhar, /lest.)—To return to Dr. O'Halloran', Petition. He was sent down the river its the Aton:o transport, where rmin the agitation and anxiety of his mititl, he endured a recurrence of is severe disorder to which lie lied some time herrn,. !writ subject. White laboaring under this attack of disease, which required me dical attention, he was ret 111111111 l exposed to the Wernher, iu an open limo, oa boatel the Baring transport, where he was immediately placed in a room Of c 11/111. twelve feet square. Its tills room lie was left alone mid unattended for the space or nineteen hours, and then On application for some refreshment, which he at length felt some desire to take, lie was handed out his ten omit:es or meat, ten ounces of flour, mill the other rations assigned to a convict. No medical aid was offered to boo— ms attendance such as his state of health at the moment required—no difference of treatment, stwli as that which lie represents Lord Sidinotttli to have promised km. Ile says he was told l v his Lordship that he I , llollill meet every accommoda lion, and nut be mixed Stith felons. Three were however, in the result, but high-soutisliog words, for nineteen youthful kiwis were put into the tane cabin, or rather dungeon. with In in. %Viten I speak of the size of this hole, l beg not to Ire ondrrAond as giving its ilimetosiosis by mere goes-- isork. I actually measured it, and the spot into which twenty or twenty-one human beings were stowed, was twelve feet square. They sleep in cribs, 81/1 fret 111111 a half broad and five feet and u half long. Into each crib six litsllllll be ings are Ahmed : the *pace allotted to them doe* not admit of their slid' • their position dining the aright. lo this den, Dr. O'Hallorsh says, he was witness to one or those scenes of meat svhath na ture revolts, and that forexposing and complaining of the occurrence, he was treated with continently by th o s e who should have 1111 l 'shed the crime, and with ever] species of insult by the parties whom 1w accused. Or tlhs fact, Dt. 011tilluraii tendered evidence, rind Lori! Solnithtdi .rot M.. C.. - per to iolve-lig.ote she charge. As to the seleetiou which is insets tor trisissportatininNO 1 ""'ll Pt/APO nl wills t.st witch prime, all t Vett s y I. this —that I saw On board cite of 11 1 ,‘r hliiis• a Lot who riiii , :elllll6.lll.lt ht. lire( urtiow, Dud who hall lrre vionslV Ito , 1.066.0 h.iririvr. In the ilulll tor ihr grow rhlu, I saw between to% oosurer hundred es.,„•srs.sar alt a i rs, Haul for all olletsces—to these wet,. Ahmed :in rides f•lx It. ,Irrp in eat:ll,. I (vela down it three o'clock sit the day Witt this loadiroair insole or •16 malty and it was ittlior,able to vooscrive 1111 l re ievoltispl, Haul disgioanig than that which I then ti *dm s.. ell. To ire spas si dim:Er:ice in a Christian country ; tin 111:41I of feeling cools' view it without being shuck ed with the idea of what rnes.t he th e nature of their starring.. 11'heis these firings first railed. they hail, loy going over 40111 e bank in the river. been exposed to a little baisterous weather, and their state then, from tile operation of the iiidisilosition to which landstness are liable at sea. was beyond any thing indesetibulile. By the time they term .:its their voyage in what a Moral state must beings so pent up and used appear. 1 s what a state bolt that or the •usust abandoned Iteigerratilf can inch wretches hr, tater bring for iloslllll, together in this elate. for IS hours oat of the a. 'rhos is the g.sies. moo. seri_ out .1.16 white slave-00.1 filsjesty's Government.—/ l/Per, Iseer.l—lt smock me when I belielit it mid its horrors, that its de sciiption should accompany the plan of the black slave ship, which excited, when exhibited through out Europe. such universal care:wino. and pro- duces' so material an effect ips 'preparing men', minds liar the abolition of the oil'opus traffic for which these ships were intended. There wan this d'art-relit:to, however, Wirier** Ilse construction 4f the white awl the black slave-shin. that in the latter ta breadth of one foot six inches wool * H owe ,' for earls man's sleepisig share, 'slide its the white slave-ship the breadth is °illy one faint five inclwa. (Hear, hens*.)—We hear much of the liesmainty which presides over the deportment of the pub lic service to which the care of their convicts is consigned ; but is it not an insult to talk of the cant of Immunity when such evils are suffer. ell to rant ? Whitt is it short of knavery stud du pery to talk or humanity where such a state of things is allowed to remain without a remedy ? I know there is a state or inertness and inactivity which is found to reign over many good men, and induces them to be satisfied with things as they are, rather this,, take the trouble of having things as they ought to be. Bust what must be thought of the frehtip of tlesst who would permit sock a vesst-I as this to sail in so dis;riceful a state, after being informed of the wretched state of the beings who were destined to a long voyage in her 1101.1! I pledge my-elf In prove Ora the stowage was as I have described it, and that the. Noble lowd at the brad of ate Home. Department was guilty of unloving leer to soil after being informed of the evils I loot. unfolded. I know Hot what this 'louse still dis upon hearing, such 61 statement of facts, hut I do know what the country at large will say and feel upon south MI OCCO,iitli. know that It was estimated by a reftaelice to the intittality suffered iii another ship, the Surrey, which lost a fourth of her outgo, or 50 nut of 200 men, what this vessel would have to encounter by smiling its the winter, and crossing the Line during the heats. The loss of this cargo of bloom, flesh was measured by a comparison with what had been the ease tinder similar circumstances in u former voyage. I have done my ditty its exposbg such sour,.—//Gar, hear.)-1 have no wish to shsehl guilt, or rioter.' it front its due punishment; but Pellaltoi., severe eilotigh tit themselves, are to be iitilloted, proper care should be taken that the great end of punishment shall not be violated, and that where rerun/lotion is sought, the process of working it shall itot iiievkiltly tend to make human' beings the most depraved and ithandioned of their Own species. I sisalt conclude with moving, Brat this Petition of l)r. 011allorati's be brought up." Mr. Ilt.rttuiver said lie would appeal to those who ktiew has Noble Relative (Lord Sulniontli) for his character, against the imptitatitiiis which had Wen levelled at hint by the [lmo Gemlemato— They knew Wm to be a man or the highest sense of haniaitity, and one who never lost sight of this high feeling in adnititistering the arduous duties of his office.—(lieur, Furor.)—fie (Mr. Bathurst) slid not dispute the the Ilion. Gettileman had taken great Trains ti visit prison., and amend the state of their unfortunate isimittet.-1 Lurid et ies of " Hear.") tl gist he had before paid brio the tribute of his praise for his philanthropic pursuits, hut, in the performance of this duty, he had sometimes lent himself to the atatements and complaitits of men who should have had little weight with him— turn who bad no character tlarinselves, and were therelnre disentitleil to the degree or credit which the Hon. Geittletuan was somittimet diaposed to give to their assertions. Ile would not enter into the his tory of the present Pi tittooter. iti consideration to wards his intfortunate family—in mercy to the tin fortunate Mall, he would not unitecessmitly dwell upon this topic. 'rule llonourahle Ciettllernais says he is astonished at the iiitliction of this 1111 l ishinei.t fur the particular offence. But it was the law which imposed it, and not the Noble Secretary of State for the Mane Ilepartment.— MeiGIIM, it is said, might have been adopted to COM. smite this sentence—if there were any grounds for them, they certansly might ; but when the sentence of the law is cons 1111 l tcd, it is uniformly done lit re visor sal the character af the accused, or the manner in %%Inch he committed the i.ifetice; so :es to strip it the forcUliar 1411111suir , oil ' its citaracter. %V a s t hat the l'it/4C of Prttlo ,,, rr ? The frank he had Itorgrol was sot ei.velvise to is haged recommend's lion Main n lorg-ers (Truncate. iu which he toserted his own mune as Ireilik a clergyman, Instead uf that of the original invtier lit the who had heels dead sortie years. 1Y hell t h eprison WWI said to have hero deserving sat t!:e Royal clemency, he could tint help statiteg ties one circumstance, which was a matter of notoriety, though lie was liummos AS touch Hr 101416i1)11! 10 rr fro isu froin unne cessary Itethill, tor tit. oestson he hat: already wets- Wined, sitionelv, the ordortuttate famtly of the: Pe titioner. A. to what kith brell t.a.d resprCUeg the state of the prisoa-shipa, all lie could say was, that every wish was illiiiislet.ted in the Flume De -1 panatelas to make the snits tions of toe 6 as little exposed to uatitressary severity its pusst- L. llt auult oat n.;•.. say ..ity thing as to ri s e pro. priety of the law which authorises transportatian; ilea l a 'rations and hardships are attendant on it, her did ilia meat. to deity, lost he submitted to the I lonse, that the charge of the Honourable Gentle. roan (Mr. Rennet!), went not to the individual ease of Dr. O'Halloran, but to the mode of transports. boo altogether. The Hon. Gentleman, he said, admitted that the charge he brought was sgen o i traioportetion turrely.—(. 6 110, 910, " from the lip. p..,siiiors.j—There has been, he raid, nothing difh l e rot in the ship, nor iu the rig. criaoliwilat itn4 1.1 the ro.'ilet-, from tlinse emploted ie. the ~‘no• service some that ptoorlitnent had he r , seitet:alteil by law. A. lo r;ue autaimmodatein of the shill, he would only say ilia it was under th e command of an Officer of the Navy, and from that cireurnstinice alone he would observe intuit have been better regulated. The statements made by Doctor O'Halloran, he (Mr. Bathurst) toil, were untrue. He represented that he was et n 1 health—that was untrue; he made another shots meat, as to the commission of a horrible creole— trots respect to that, u Gentleman, Mr. Cap. per (to whose merits the Honourable Gentleman, iI Alt. lieunett, bore testimony) was sent Misfit tai the ship to investigate the matter, and that tletnati footed that it was utterly imposed& that any thing of the nature alluded to could have hap. ;trued. He made a strict examination into all the circumstances, and he found it impossible, front th e situation of the place, that the statement of u e Petition could be true. Al far as the case of u e iudividual went, he presented that the object of ilk Petition and of the Hem Gentleman was to pteeew. if possibly, the sentence of the law front beteg $ dr tied into execution. His ill treatment, indeed, iur stated, was a crying case, but he said he could mere from authority that it was not true. The ohi ee i c a . Dr. O'(lalloran, indeed, was clear—he w isato by sonic uir.uis ru escape the irumsliment of the law; he has had recourse to complaints and inisrepresei.- latent% arld latterly he has threatened acts of pee. soiril violence to the Ctileariti of the transport, if he persisted in performing his duty ; he said, or court quence of these threats of violence, that persons have been removed from the command of the ship. The Honourable Gentleman said truly, that dire tuns were given to the commanders of transport shops to treat the convicts with every kindness and acenat morlation that the nature of the service could ad mit of, and therefore, if restraint had ho-eii use.l, :mil it' privations were endured, it was not to conse quence of any orders of severity, hut arose f't ni ti e misconduct of the convicts, which rendered tare things necessary. As to the scene which the Ile nourable Gentleman painted, and as to the state ment of the Honourable Gentleman respecting the cabin, all lie would say on that was, that the ship was fitted up as every ship in that service hail been.—/ Hear, hear, from the Up pneition.)--ile again coil, that Mr. Capper was seat ;lima to examire iiilo the ritustirse of the vessel, and it' his report ear not truly stoned to the House, lie (Mr. thithurst) would ad mit, that Ministers lectured u great responsibility. The di n t. Gentleman (Mr. Bennett) thought fit to allude in a strong and pointed way to the Slave Trade; but it should be recollected, that it was no small addition to the horrible severities attendant on it, and that it in no small degree excited the general horror. that the slaves on board wrae chained down to their beds—brit here tlare wow no such thing, and that was a difference which ought not to be overlooked in the degree of restraint tie. errs:try to use on hoard the convict That those restraints existed, he did not mean to deny ; but if any thing were in fault, it was the law that was it. fault. The lion. Gentleman ;Tin :II I .1 1.1 hint to draw a line of distinction between c$ rtino culprits—lie seemed to think bait gentlemen of erlocatiou should not he traitoparted, that noise hut those of the lower rank should hr punished in that way; indeed, he thought the zeal of the Huns Centlentatt outran his candour, and, perhaps, his judgment. He has cotnplaitted of the hard ships of this individual—he spuke the Government, as if their conduct deserved re probation. If censure is to be passed, let it Ole said) he passed by the House ; but his Noble rte. lative (Lord Sidasouth) wits bowl.] to see the 'h.. of the land execotert, and lie did no more. Vito activity lie •.eid, which the Hoe. Gentleman pal to the care of prisonerr, was most hominiable to his feelings—he believed there was seateely a per son under the sentence of the law, who had nut recourse to him—(Cries I fear ! hPur ! /-- lie has, therefore, went OpliOrlUitllle., situp he 1106, llot Nit pressing usam the ette,iti, , ,, Howe chnrors collected frimi persons snail tiog meter the lash of the law. 11'1e-tiler that lash hr cur he not 100 severe, was not a tilleSlloll which the House Writ Vow called 'l l ion to decide. Mr. Sisch.t tit (we believe) will s that the stale of the convict vessel had not bee n dessied. lle lend it sl Isl hr impressed ou the consideridion of she llonse that every convict sent from this to llotaay Bay, stands the country in at least eighty pounds. After the shocking treatment of the ussiseerpe nor vitas, described by the Han. Gentleman...inlets ha. not been ileiried, lie thought it was the houtoh only of the House to take up the %abject, awl to abolish so shocking am! so lli•g! artful a piing Mr. Cf.IVE said, that as to t he statement of tt4e Ilaimaratble Gentleman Ileamettl, hr 41..1 not rise lair the purpose of contradicting it. Ile iaaah:o doubt of the accuracy of the length and laertalth the spaces described by that Ilan. Gentleman. !net lie begged to observe that they had Into so lOr many years past. Convict ships have limn tito il out 'is the 'same way, and Vet ilu 1.0% nets to-Botany play, its One case, where there were jot) eameiettois 614.44 OnirtOn prnsheJy Um! in alulullier L. st aster. , " Ivee there were 350 convicts, there was hot core sick. ands two died on the voy age , He concluded by Baynes. thud net inquiry, the House perhaps find gaud• reason for altering the state of transport slims ; has as to the individual charge oh went of accuiuuioda thou, the vessel in question was in that respect commodious its the line of ships employed on duty. Sir JANIES MACUINTOSII said, that not being :u' yr:Milted further then what lie had heard In t te (louse, with the nature or particulars; of the case then under consideration, he would not enter :it ally length on the suhket ; tint he could not help olia serving, as hail all early brew ttao justly remarked' by tile Ham. Member wirier the U Illery, that the most important feels it: the Petition have oriel.!.;