The Sun. — London, England, 1819-03-09 00:00:00

PARLIAMENT. HOUSE OF LORDS, MancH S. Lord Chief Justice ABBOTT sat for the Lord Chancellor as Speaker. Ihe oaths were administered to the Duke of Athol. On the motion of Lord KetvioN, some Re turns were ordered respecting Cotton Factories, and the Evidence taken before the Committee on the state of Children in Cotton Factories was or dered to be printed from time to time. The Plate Glass Company's Bill anti t%yo Locid Bills %vete brought up horn the House of Commons by Mr. Brogden, Mr. Finlay, Sir Jas. Gtahato, and . other Members, and read a first time. On the motion of the Earl of LAUDERDALE, the Cutlery Bill was rend a second time, and corn milted for Timrstley. Petitions were presented by the Eall of from the Ward of, Varringdon. With - out against the Renewal of the Insolvent Deb t ors' Act ; and also from Master Chiinney-s weepers of Bristol against the Chimney-sweepers' Regu -I,oion Rif ; by Lord An( kind from Master thifeney-sweepe , s, Householders 01 Loudon and Westminstet, in favour of the. 8.11 ; by the Earl tit A}leshtny from Vestrymen and Inhabitants of St. George, 11aIMVfr-square, against the Chitn ney-s tV et-per s' B,11; by the Earl of Besshorough front Protestants of Waterford City in favour of Roman Catholic Claims ; and by the Eat I Of Lauderdale from Prisonets confined it; the Gaol of Perth, complaining of insufficient allowance for their subsi,truce, and miseries enduied from the system of treatment and confinement. The last-mentioned Petition was ordered to be referred to the Committee on the state of Prisons, and the others ordered to lie upon the table. CHININEY-SWEEPERS. Lnrd AUCKLAND rose to move the second read ing of the Chimney Sweepers' Regul,tion Bill Ills Lordship, after briefly (keening upon the mi series endured by those unfortunate children, who er e , with so mitcl. pain to themselves, and in jory to their COnStitlitiOlTS, nitight to sweep chim- Dies, land then turned adrift, without any means of obtaining a sub,i,tence, referted to the evi dence taken bt fore the Committee of last Session, and to the Report of Colonel Stephenson, the Surveyor-General of the Board of Works, for the purpose of shewing the practicability of sweep ing all chimnies by means of Machinery, with the exception of about tea in a thousand, which, being chiefly io the houses of the opulent, might ta•ily be altered, and which, as they were, could not even be swept by boys, without great danger to their lives. The F. 411 of LAUDERDALE opposed the Bill, protesting against that system of legislation which would attempt to carry moral feelings into prac tice by means of Acts of Parliament, and parti cnlto ly ;igainst prospective legislation, there being little doubt that the wisdom and humanity of Parliament two years hence (the period prescribed by this Bill) woul►l be perfectly ready to abolish the employment of Climbing Boys, if it should be found practicable or necessary. Admitting the inhumanity of the practice of employing Climb ing Boys, it was still much better to let the ma chinery gradually find its way into use, which it undoubtedly would, if found beneficial; nor could he consent to expose to hazard the .safety of the metropolis, or of valuable property in other quarters, by prohibiting the employment of Climbing Boys. The Earl GROSVENOR supported the Bill, con tending that the small proportion of chimnies which could not be swept by the Bill, might be easily altered, and that they were not enough to authorise the continuance of the miseries of Climbing Boys. The Earl of flAueowaY also supported the Bill, drawing his chief arguments from what was not giro, in evidence before the Committee, namely, that no testimony was offered to prove that any fire had happened hi any one of the 15,000 chim nies which had been swept by machinery, nor was it shew•n that any danger whatever had arisen in case from the use of the machinery. As to the two years, tharperiod was absolutely ne cessary to allow of chimnie's being altered, and of Climbing Boys finding other employment. Lord ViScmult MRLVILLE opposed the Bin, on the ground of the statement in Colonel Stephen son's Report, that the use of machinery could not at present he entirely substituted for Climbing Eoys, without - endangering the public safety. Lord AUCM.AND said a few words in reply. Toe House divided on the question for reading tl..e Bill a second tine Contents Nut-Contents 17 Majority 3 The Bill wilread a second time and ordered 10 Lc Adjourned _To-morrow (this day). HOUSE OF' COMMONS. The SPEAKIR took bis seat at a few miautes before four o'clock.' WOOTTON BASSET ELECTION: Sir Joni STUART presented ar; Report from the Wootton Basset Election Committee. It set forth that Martha `tout and Sarah Greenaway appeared have•disobeyed the order of the House without Any intention Of treating the same with disrespect, And therefore .recOtnmended that they should be discharged without paying their' fees. ' Sir J. STUART tnovf.d that Martha Stout and Sarah Greenaway should be discharged from custody without paying their fees.—The motion Was agreed to. BOROUGH OF FOWEY. The Deputy Clerk of the Town attended to correct the Return for the Borough of Fowey ; atter which, Upon the motion of Mr. Wai. DUNDAS, a Writ was directed to be issued for a new Member in the soon: of Lord Valletort, deceased. GLASGOW ASSAY BILL. Mr. FINLAY bruught up the Glasgow Assay Bili.•--Read the first time, and ordered to be read a second time. BOROUGH. OF PORTSMOUTH. Sir G. Coexave y bought in a Bill for the better Recovering of Small Debts in the Borough of Portsnionth.—Read a first time. A Bill was also introduced for the better Reco very of Small Debts within the Town and County of Nottingham. IRISH GRAND JURY PRESENTMENT BILL. Lord W. FITZGERALD presented a Petition from the Magistrates of the county of Kildare, praying for on amendment in the Act relative to the Grand Jury Presentments in Ireland.—The Petition was read and ordered to lie on the table. COAL DUTIES. The Margneqs of WORCESTIM presented a Peti tion from the inhabitants of Usk, in Monmouth shire, against any alteration in the Duties on Coal e s they now exist.—Read, and ordered to be laid on the table. Mr. Alderman Woon moved, that there should he laid befote the House an account of the Duties laid upon Coal in the Comities of Cornwall and Kent for the year 1818 —Motion agreed to. Mr. EDWARDs presetted a Petition from certain proprietors of Iron-manufactories inWales against ;my alteration in the Coal Moles. Sir W. CONGREVE al,o presented one from Plymouth against any alteration in the Coal Ditties. Mr. LYTTELTON presented two Petitions, one from Bilston, and the other from Walsall, against any alteration in the Coal Duties. Sir M,W.BIDLEY presented a Peti , ion from the Owners and Workers of certain Cone; ies on the river Tyne, praying that no additional Duty may be in►l,,,red upon Coals at the pit's month. Each of the several foregoing Petitions was read and ordered to lie upon the table. INSOLVENT DEBTORS' ACT. Mr. Aldetnl4ll WAITH MAN presented a petition from Ihe Ward of Farringdon Without, prayiimg that the Insolvent Debtors' Act might not be re newed, or that, if it should be renewed, such en actments titgltt be made in it as would protect the interest of creditors. Mr. liLacKau RNR presented a petition from the Tradesmen of Manchester against the insolvent Debtors' Act.—Read and ordered to lie upon the table. A petition was also presented from the Borough of Preston against the Insolvent Debtors' Act.— Read and ordered to lie upon the table. Sir B. W. GUISE presented ti Petition from Ter bury, in Gloucestershire, against any renewal of the insolvent Debtors' Act.—Read and ordered to lie upon the table. POOR LAWS. Mr, CURWEN presented a petition from the neighbourhood of Carlisle, praying for a revision of the Poor Laws.—Read and ordered to lie upon the table. ELECTION FOR EVESII\ Sir T. GU;;;;;;;Ptesentcd a Petition from cer tain Electors of Eresham, praying, as they were not before allowed to question the return of one of the sitting Members of the Borough, leave might be granted them to do so 110 W. Mr. W. WYNN thought that it was scarcely requisite to make a single observation on the subject. The Committee appointed to enquire into the Election for Evesham had already sat, and the words of the Act of Parliament say that there shall trot be any appeal from the Com mittee. The question having been put, whether the Petition should be brought up, it was decided in the negative. CR' tstiNAL LAW. Mr. S. WORTLEY presented a Petition from Doncaster, praying a revision of the Criminal Laws.—The Petition was read and ordered to lie upon the table. SINCLAIR.—In presenting to the House a Petition, which entreats us to take into our ear liest consideration the state of the Criminal Code, I cannot but reflect, with uorniugled satisfaction', that this prayer has already been complied with ; and that she numerous Petitions on this subject, which are preparing in every part of the king dom, might, without impropriety, be converted into addresses of thanks and congratulation. I am convinced that the decision of a former night has been hailed with unanimous exultation throughout the country ; and that the people have recognised the wisdom and ratified the judg ment of their Representatives. They will rejoice that this momentous question, so closely inter woven with our national morals, and conse quently with our national happiness, has been referred to an enlightened Committee, which will conduct its inquiries not only without prejudice, and without precipitation, but without either in cumbrance or delay. They will feel, that though the questions of Prison Discipline and die Penal Code are sufficiently connected to afford a pretext for crowding them together, they are . also suffi ciently distinct and disjoined to admit, with ad vantage, of a separate investigation. 11 we look, Sir, to the motives which led to this great and important decision, we must, in the first' place, ascribe it to the precious verdict of a Tribunal, to which even the otnnipotence of Parliament ought to boss' ; I mean the verdict of public opinion, which has loudly and unequivocally pronounced upon the Penal Code, as it stands in the Statute Book, a sentence of indignant condemnation. — But we shonltt indeed be ungrateful and inexcus able if, in specifying the causes of our triumph, we were deficient in . paying homage to . the lumi lions, impressive, and dispassionate speech by whiCh the motion of a former night was introduc ed. In alluding to that master-piece at eloquence and wisdom, I am • confident that-I express the universal feeling of the country, when I call upon, or rather beseech, the Honourable and 'Learned Gentlerhan to delight and instruct the world, by presenting that speech to the public in a full and authenticated form . ; a speech which, by the force of its reasoning, most subdue the understand ings of the prejudiced, and at the same time, by the magic of its eloquence, must come home to the hearts of the unconcerned. In speaking of the Penal Code, we have frequently been cau tioned to make no appeal to the passions ; but ask, Sir, how it is possible to consider its present state and tendency, without being impressed with such feelings as I suppose I must not venture to define ) What can we say of a toile, which in theory, the most severe, and, in practice, the least efficient, that exists in any part of Europe ? a code, which only tolerable or even defensible on account of its imperfect execution. For al though we are triumphantly reminded of the great disproportion which exists hetween the aggregate number of convictions and the relative proportion of executions, that very disparity which proves the mild administration of the law. demonstrates, with equal self-evidence, the incredible harshness of its enactments—a h.rsliness, which is not only unparalleled in degree, but totally imprac ticable in application. What shall we say of a code ) which, if strictly, or even moderately, en forced during a single yearovoulddeluge every part of the country with such an eirosion of human blood as would appal the most unfeeling, and startle the most indifferent ? A code, too, which turns the tide of popular feeling into the most perni cious channel iu which It can possibly run ; since it enlists the general sympathy on the side of the malefactor, and transfers the indignation of the people front the clime against which it ought to he directed, to the law by which that crime may be puniNhed, with a severity which becomes equi valent to injustice. As long, Sir, as offences of most unequal enormity may be visited in the same day, on the same scaffold, by the same fate, so long will those wretched individuals who for minor and comparatively venial crimes are ex posed to the utmost vengeance of the law,' be consitlered (not ,merely by the multitude, but by every enlightened friend to humanity), rather as martyrs to its rigour, than as victims to its jos tice.—l am ,sensible that I have already abused the patience of the House, hut I wish to touch briefly upon a subject which I think was not very fully dwelt upon in the course of the late discussion ; I allude to the impression produced 'woo the public mind by the frequent recurrence of executions. It has sometimes been mai:Jained that they are necessary for the sake of warning and example ; but I feel anxious to corroborate, from my own observation, the opinion of those Gentlemen who think that the effects which tliey excite are diametrically the reverse.—Sir, in con. sequence of arriving at an early hour from the country, l had occasion to pass by the Old Bailey, on the morning when certain unhap py malefactors expiated the crime of forgery by the forfeiture of their lives. I averted my eyes, with unaffected concern, from a sight so painful to humanity ; but the spectacle which I was compelled to witness, during my slow and impeded progress Ihranigh the crowd, was such as to shock me still inure. lf, Sir, I could depict to the House the various but equally revolting emotions which might be traced in the counte nances of all who surrounded ; the impatient curiosity of some, the brutal apathy of others, the thoughtless levity, the indignant horror, and even the savage satisfaction which the features of the different spectators exhibited ; if I could de scribe the eager struggles which ensued in every quarter for a nearer approach to the scaffold, and the indecent alacrity with which many—nay, I blush to add, even females were hurrying, in every di rection, to the place of execution—it tvOuld, aua persuadq, be the opinion of all who hear me, that the frequent repetition of these awful solemnities only leads to familiarise men's, minds to their recurrence. If any thing be learnt by those who habitually frequent them, it is to look forward with comparative unconcern to the pain or ignominy of such an exit, and, instead of taking warning from the fate of others, they gradu ally become callous to their own. Sir, I now beg to apolngive for the length of this intrusion, and to conclude by moving for leave to bring up this Petition. SCOTCH BURGHS., A Petition was presented from the Royal Burgh of,Ayr, against the system of returning Members to Parliament for the Royal Burghs in Scotland. A Petition was also presented from the town of Kilmarnock, against the manner of striking the ,iverage price of Corn in Scotland. Each of these Petitions was read,,acrd ordered tope upon the table. OFFICERS IN THE NAVY. Sir I. COFFIN wished to know whether the same allowance had been made to Officers in the Navy, which, on a former night, had been stated to have been made to Officers in the Army ? The CHANCELLOR of the EXCHEQUER replied, that whatever indulgence should be given to the Army %runicl also he extended to the Navy. LIMERICK ELECTION. Sir R. WILSON said, that lie had received a let ter from Mr. Maunsell, stating, that from ill health and his advanced .time of life, he should not be abl# to attend before the House' until Thursday. He therefore moved, that the order of the House for Mr. Maunsell's attend:ince should be put off until that day,—The motion was agreed to. PENRYN ELECTION. The adjourned debate was then resumed on the motion for a new writ for Penryn, in the room of :Cir. Swami, whose election bad been declared void. Sir C. BURRELL, in rising to speak on this ques tion, begged to assure the House that he took it up solely on public grounds, as he had no con nexion whatever with the Borough of Penrvn, nor with any individual connected with it. He proceeded to take a comprehensive view of the Report of the Committee, 'commenting, as he pro cee►led, on the evidence given for and against the late Member. He showed that it appeared, fron► the test itnony of various witnesses, that a nismber of individuals had received sums of Money, varying from 81. to 251., to influence their votes. He pointed out some inconsistencies in the irroceed ings of the Committee; and on a view of all the circumstances of the case, he declared himself in favour of throwing open the borough. This did not appear to him one of those wild schemes of reform from which danger could be apprehended, but one that might be adopted with benefit to the country. It was not for him at present to pro pose that the borough of Penryn should be dis franchised, but he would move for a Committee to inqui►e farther into certain c►►rrupt practices and illegal transactions which appeared to have been in progress previous to, and during the late election for, Pentyn. The SPEAKER begged to suggest that this sno lion could hardly be received as an amendment 012 the s n u t c o h t i o c a n s f e o s r l, a mr b t e i en w , r i t t o , v e e n t i t i l i: t e r t s h a e l sprpaccai,e tice ri mo in should not issue his writ till a certain day , thus put off the proceeding front time to time I I " a decision had been come to on the merits of th . e case. This course, in the preseut Instauce, it would be most proper to pursue. Sir C. BURRELL felt obliged to The Speaker for setting him right. He wo.ild then move that the issuing of the writ should be suspended for a week.—(' s A month" was here called out by se; veral voices.)—As it seemed to be the feeling 01 the house that a longer period should be named , he would move that the writ should nut be issued till that day month. The CHANceetma of the EXCHEQUER had gre ac difficulty in rising' to discuss this question, 8 3 bC must confess, that he had not been able to paY that close attention to the subject which it de" served. from its importance, not only to the Cl ' a i racier of many individuals, but to the charact er ° the House itself. He however could find in the statement of the Hon. Gentleman nothing th3 ` , ought to induce the House to alter the constitution of the Borough in question, by throwing it NI:: to those who had not heretofore enj , iyed the ri . g h ; of voting. It had undoubtedly been shovel), several instances of bribery had occurred, bu t 11 1 . thing had been proved that went so far to incur' pate the great body of the electors as (0 a measure of such severity. In a case wher el : punishment must fall on the innocent as we'; teY the guilty, the House ought to pause before decided on taking the course %Intel; had neen," : commended to them. He could tint ( eonee ice al more injurious precedent than that which VV ° ; o6 ' be established if the House were to appoin t le ., Committee, as hail been proposed, to try th e t o cision of another, with the same witoes" ° . g examine, with precisely the means of Ght ai ::, l % infoimation. The result of this miicht the two Committees would make reports or " 16 opposite character, and then he should wilt) o f know what part was the House to act ?—(C ries , o f No.)-11 he understood the motion, the otT e h is it was to obtain another Committee, ,but new-Committee, like the former, couhl nor " 6 , - , 0 the power of exemining• witnesses on oath, 11 could not perceive that any benefit would be li ke et to arise from such a proceeding. In every W in , case, where a Borough hail been thrown 0': it has been proved, that a great majorirY t t h ie voters were corrupt. In the preseut instanc e had not been proved, but there had been a g°"., deal of loose surmise, and a great deal al g" 3 ', 1 ) :: and tittle-tattle, as was common on the Occj'i of a contested election, butt nothing hail bee" I: h e sitively proved against the great body O f ‘ te a voters. Under these circumstances, he "' pc , the House would not go farther against the e,-tei tors generally, whatever steps they might.l .12 themselves called upon to take in order to 13°' particular individuals. itt"" Sir JAMES MACKINTOSH agreed with the tie cellor of the Exchequer (and he feared it vv ''' :he • only point on which they could agree) tri st ste t o t f he the question was of great importance to the cliiir 6 iien of that House. If ever there were a period keep good se i k faith le w v i i t t n y it was more important than at any other to ith 11 was sorry to hear the Right HO"' G u t lea of public, it wd a t s i: r t i l t e e ,t P r a T ei l :T i a contested election , in g o ssi pa el;:eBowhere there beet such scandalous and iufamouL The present motion did not go, as the Right l. Gentleman supposed, to disfranchise the borWig.ki, but merely to declare that a prima facie COse made out for further inquiry. When the l li l, Hon. Gentleman opposed himself to this, h7e sl ie r ed to forget that within these few years °"'mince election had been declared void at the smile i ile n issr and for the same reason that had caused thC 0, Members to lose their seats. Bat' then the " cellor of the Exchequer said it would be re,: t1 . 1 1 .:: ing the question decided by the.. Election ' i be mittee. He (Sir. J. M.) maintained ve°' d ' h ol no such a thing. The Election Commili c i e be erk closed for ever on the question which 10 ," otei referred to it, but that had transpire" be dentally which made it a proper (tocsin' i f t he entertained, whether the general state ° Borough of Penryn ought not to be in sorn e goo . altered. The objection which the Itigbi — ,c- Gentittnin had scented to urge ttgaiust the p r on e Lice of the Committees of that Holm, uu a cc° e, of their not examining Members on oath , er a '„ o d objection to the constitution of Parliamen t, went to declare that mode of obtaining ivt °rl : o - (1' tion which had been resorted to by the° 1 „e. their ancestors as inefficient. Against the 6- 0 ( - nine that Parliamentary proceedings sitoula be founded on evidence such as they had bee° customer to receive, because it was not gibre n oath, he most enter his protest. The late C° l-1 ,1 mittee appointed to inquire into one abase) i r e ( incidentally become acvainted with a sylt es " tv corruptipn into which they had no busine o tb inquire, any further than as it %Vag COnneCtel . : 4 4 sr that particular election. He did not say present was stiflicient to disfranchise the be r , ° 4o , j use but it became a fair question, whether the ", be - should not inquire if other matter might 0 13 g, found that would justify them in transfer Rise front the present Electors to others, that fran c ld which had been so grossly abused. He sh°t most heartily vote for the motion. Mr. A. Waiou'r said, that very early " 1 , ,be 'Committee, so early as on the second day, , " ma n inquiry, he had heard more than one Gentle talk as if the borough was to be disfranch ise ` l i e , (The Hon. Gentleman spoke in so low a t° „ ° o - that it could not be understood whether be p ose d or soppOrted the motion.) p f ull Mr. F. DOUGLAS was prepared to go ta r t he length of the Eton. Baronet who propose" -of motion. lie was less of a reformer than mc t those xylw sat near him. But on that ground he %%89 the more anxious, when alt i solB o e case of this kind came forward, that so fit a" portunity of correcting an abuse' should 01.00 passed over. The greatest practical co rruPi be in the system of our representation was •tiji smaller close boroughs. He could not ag ree "q of 'hose who talked of the corruption in the casefe, this borough not haying been proved to belng fiend. Bat to jiistily the liouse prnceetlioo t I f , irther, it was not necessary that the c""IP. sboild have been proved before the Corninitt" a 0 be 6g,