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

A Frm s LW INDIA.

A) r. llt,mF. ;have unbar, that ul. th.. 411 s or Fe.
hrttry. he sooltl ,ttloomt a WMIOIIIO the lloupg rt -
t•prOlog llre tatltationoratioas rt justme 1111 the
tinder tile joriuliilloh (tithe East CDIII.
ploy. Ile begArtl to take OM. oprn,rtutnty of
potiiii4 a question to the Right Hon. Gentleman
whit WS NM the lseml of the numtl of Control. It war
a yoratioo of the greatest importance to the hounue
aort Mgiiii) of the Government of itudi:t. ~.d emit
isuiree I k thought, to the honour mad character 11
Crest Waldo. Was It intended to institute an in-
;11,64, into the cm duct of dick ruinous in Ili* dia
vision of the army troller the command of Grit-rat
Sir Thomas 11101111. Of into the comlisct
of Ile (7e-
urTNl hishowlf. for the rx. coition of tl e 13-vi row of
furs, salt r Ike hmt mrieudrred, mid give .1
up his force to the Hi' i•hAtitis ? This was sirs t,ts

1,

in every view so important, and which required the
fullest explanation, foe the sake of the honour and
character of the 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 oppose 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,
where 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
11114
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 inrre..e
..t rrmor nest lw prove F•sive ; because, striing a• are the
oldie:elu s.. einem all good Subjects In aaAlat lII< AJmirol.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
Imo 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 lice.
. . _

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 sx.
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 pnnfurr 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 of '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 noloectedsu 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 opt 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 Whirs 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;41d 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, 4low-twu Weir
to receive the seriolis 4.401141111ri%i1w0. 11 ma 11w 4111.-
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 arson 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, and looking at the preiwitt state
of Newgate, what will the House think when it
knows, diet the Id abeeirloned wretches lately sea.
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 those 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 111,‘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 airs, 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 the 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 *Howe,'
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.
%Vas 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 theprison 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 rise pro.
priety of the law which authorises transportatian;
ilea la '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 sgenoi
traioportetion turrely.—(.6 110, 910," from the lip.
p..,siiiors.j—There has been, he raid, nothing difhle
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 her,
seitet:alteil by law. A. lo r;ue autaimmodatein of
the shill, he would only say ilia it was under the
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 the
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 ohieei ca.
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 dint. 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 'llion to decide.
Mr. Sisch.t tit (we believe) wills that the stale of
the convict vessel had not been 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 the 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 voyage, 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 tte
(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.!.;


been denied nor explained, but, on the can vary,
they hoer lo en passed over in absolute Oetsce ; and
do Honour:dile Gentlemaii ho spoke I•r the Se-
cretary of the Hume Department. lotions that
abuses pki‘t in transport ships. lot-eat lie mould
not deny the fact ; and at a moment wino it is ;to-
posed to nowise into the state of prisons mi land
',heti Alinwers have been at length driven to take
op sa inquiry which they should hare established
104 ego—/Hear, kenr)—when the necessity
of th-l' 1111e14Allte is brought home to the under-
stooling and the feelings of every man in the mou-
rn., I,y, a pohlicoion so fall of profound into,-
rooms, of such great ability. of such chaste and
onimanding el.nissesace, us to reflect eternal ho-
nour on the pen and the heart that produced
it; mind that conveys to the world the firm assn.
rsoce, that whenever its author shall he called to
'ill a politic situation, he will discharge its duties
.soh honour to himself, and with happiness to the
eauntry—at this time, said he, whets tin inquiry
is ahout to he proposed by the Government into
the state stud discipline of prisons on land, it
termed to him a matter of astonishment that an
effort should be made to stifle inquiry, and
to inns over in atter silence the state or the
transport vessels l's a matter nimiirthy the attention
of time House. Thus, whilst prisons on shore were
to he immcpmed ito, and he hoped reformed-I)6s
eons at sea, ler such he would call the convict *hips,
are to be posed over without inquiry, without troy
tice, though the cries of the sufferers appeal to
every humane feelingof man. Surely, he silk if
Govrroment mean to interfere in one instance, they
cannot refuse inquiry cad redress in the other —for
the miseries of the wretched beings are out inure
acute, or more severe on land than they ore oil
sea. The statement of Ins Honouruble Priem!,
a statement which must have distressed the feelings
of every man who heard it, was not contradicted;
and as to the case of the individual whose Pesti 0000
is now before the House, the Hon. Geolleman (Mr.
Bathurst) contented himself with attacking the cha-
racter of that individual. He was theu, it seems,
pommies!, not for the crime of which he has been
found guilty, but he has been punished on simile
cans of a bad character ; if he did nut labour under
this suspicion, it is clear he never would have been
transported to Botany Bay—lie would sot lie sent
to associate with time lowest and the most wretched
of mankind—he would not endure the hardship. and
the suffentigs attendant on st voyage to that place.
He moth] now observe on moonier subject, hut it was
one which was closely connected with the question
before the House. He hod lung felt and lamented
the imperfect state of the Penal Code—it cries Almon
for amendment—and it was his intention to have
made • distinct proposition to the House on the sub.
ire,. He was, however, prevented from &Mg mt,
finding that notice had been give's iu institute as. to-
quiry on the part of Ministers. Ile had, therefore,
some hopes that the question would be takes, up on
an enlarged ptinciple ; he did hope that Ministers
'mewled to perfmoin that duty which they owed to the
country. by cousidering. on an enlarged and extem.
sive %L.:kir, the presets! -ystem of punishment. He
hod hopes that the slamming increase of crime—
that the lemons of experience—that the example of
every other country, r mild induce the Government
to comider whether the present mode was a wise
one. But if he had been rightly informed of what
pass.ll in die House before he entered it this even-
ing, he leaned there was not much reason for enter-
taining those hopes. He understood it was the in.
tention of a Noble Lord, now absent, to propose
the subject to the consideration of the flOilse; limit
{it'll' the observation of an lion. (Irtitleinati at the
ether side, he must conclude that th A grest (pies-
-0.011-11tis question that presses so heavily imposi the
feeltiozs of the country—this question, in whose
side *humanity has enlisted so many advocates, is
not to have the benefit of a distinct inquiry, but
is to be made a kind of oppendage to the
discussion on the state of the prisons. lie felt
that nothing could result from that tootle but
disappointment and delusion. He was impressed
with the magnitude of the subject; he felt that it
demanded a separate and solemn inquiry—the
country looked for it—and lie could not think
that he would have discharged his duty if he did
out bring the subject under the immediate attention
of Parliament.

...........5....
A'ir. LAWSON said the Hon. Gent. who spoke last I
ball mule observations that demanded it reply. He
th.st ss Government had declared their inten-
tion of inquiring into the state of prisons on laud,
it should therefore follow that the situation of
ilausliort vessels should be improved. Ile did not
Musk so ; he thought there was a great distinction
between the prisons and the convict ships; in the
one innocent persons may be confined, but to the
other there will be found none but the guilty.—
The Slave Trade had been also alluded to; Europe
cried out against it, hut the slaves were 111111istent ; they
were not suffering like the convicts for their crimes.
The Doti. Gentleman, lie said, was anxious to press
upon the Douse the consideration of the Outfield
Code; he would abolish the punishment of death ;
but he would go further—he would substitute
transportation for death. and lie would make trans-
portation something less than it is;but lie (Mr.
Lawson) thought that if they olsolishesl the punish-
meld of death, they ought to make the next punish-
ment more severe than it is at present. Tile lion.
Overlent in (Mr. Bennett; loud pathetically ilesri Med
the sickness and inconvenience of a sea voyage, but
he considered it a luxury. do so many
go to watering places ?—why, he asked, did No-
lily Lords leave their domains and go into nor-
lialgiugs, if no ;tilvalitages were to he derived
trom the freslialess of the seat air?—/A laugh.)—
As for the hardships of a sea voyage, he had been
at sea himself—lie travelled by era from Dover to
Cola's, and there he saw gentlemen, and ladies too,
lu U agate as distressing--the saw things as gross as
shat described by the nom Gentleman.--(d
twit:hi—He was somewhat surprised at the ex-
treme sympathy that the case scented to excite
1.1 the bosom of the •Ilooourable Gentleman
,or himself he could declare, that he never
nnmitted a sin u, his life that he knew of—
( Loud laughter)-.and though he did not impugn
"fliers fir the crime of original sin—lA laugh)—
vet he felt not so much compassion fur the cause of
°ne gnilty. As to the case of Dr. O'Halloran, it had
'ieen urged Olt his •dharacter should he entirety
but of the question. If character should have no
effect, fur what Mats is it that such great
'!auctitiii is put into the hands, not merely of

Judgss, but of cantrwal Cutnitry .Meg;se.atis,
who hive power to mitigate the period of un-
prisoninefit ? If the pnitisliment of trsiesporestens
were less severe, it words'. he said. have no efr'el•
Confect.; leave the week in high spirits—they sent
very happy—(A lough)—anti if that state of pies-
sure were to continue, transportatitin, so far (rum
loreventilig, would lie only an inducement to crime
amongst people of slender incomes—(Lour! laugh-
e has often !weal convicts joke oil the sub-
jret of then. jouniet —Whilst others, they reniarked.
were travelling at own expense they would
travel at the expense of the hung. As to the
charge made against the Noble Secretary for the
Home Deitartstient, he was altogether ignorant out
the subject ; but there were so many &arson
charges brought forward faint tune to time, tied
they were so unfounded, that lie thought it pru-
dent not to credit them.
Mr. BUITON said, that the question seemed to
him one of the last importance—one that mu:e ex-
cite the interest of every man who had en
under-
standing to comprehend, or a heart to feel for hu-
man misery. His Hon. Friend (Mr. Bennett) had
brought forward certain charges, and how were
they intl.—not by a denial of those charges, but by
saying, itsdeed, that Dr. O'llalloren had a bad
cheracter—(Hear, hear,)—as if the character of
Dr. O'Halloran were to be a bar against inquir).
It was, on the contrary, as it struck VIM, a strong
argument in favour of the inquiry. The Mae
Gentleman mode some observations on the speech of
Mr. l...twstes —( Who ruse amid load cries of
" Spoke, spoke !" )—lie said, lie understood front
the lion. (;entlematt who spoke last Ike he ( %Ir.
said a 110,1 i to 11tO4111011 Was as severe it.
journey to Botany Ilay.—/ Laughter, and cries rf
" Spoke, spoke !" ) He did not say any such
thing, but what he said ware, that a voyage from
Dover to Cahns was as severe as from Portsmouth
to Botany Boy .—( Loud frteht::r.)
Mr. HAOVIY said. he felt that it was necessary
for him to apoligize to the Hostse, however shortly
be should occupy their attention; but struck as be
was with the weakness and the sophistry of the last
speaker, be would beg to Make one observation.
He seemed to pride himself extremely in a most
wonderful discovery. He (Mr. Lawson) said he should
set soother Hon. Member right as to the distinction
he made between land prisons and convict vessels,
and the distinction was this—that the intiocesit ;stay
be coittitted in prisons on land, but at sea there are
none but the guilty. But though it may be true that
ill the convicts may be guilty, still it seemed to
escape the sagacity of the Ilon. Gentleman that
they are not guilty all of the same offence—that
many of them, young and uisfortunute, have been
etnivicted of very slight otteuces—that their crimes
are different—that the terms of their exile are
various—diet some are transported fur seven years—
that some are transported for 14 years—that some
unhappy wretches are exiled from their friends and
their country for ever ; so that if there be (said lie)
any thing in the observation of the Honourable
Gentleman, their punish ineet om board should be
rated in proportion to their crimes, and the scale of
adruessurement should be according to the nature
of the offence.
Mr. ItoeiNsost said, lie did not deny Lint that
the case was worthy of every investigation that the
House could bestow upon it. Still, however, he
could not help thinking that it was not brought for-
ward in the fair and calm spirit of inquiry. It was,
he believed, four or five years since the law respect-
ing transportation was brought under consideration
—it was then reigned to a Committee, and he did
not know that there was more reason now against the
law/ authorisitig the sentence of transportation than
there was then. As to the vessel io question, he
believed she was on the same principle with most
vessels on the eime service.
Mr. BENNETT said—.‘ Sir, before the Petition be
given I have one or two words to say. My Hose
Friend who spoke last is not correct if he supposed
that I have timelied ots the subject of the law
respecting triewportation—l did not even allude
to it. I heard some years since of the state of
transport ships ; I made an attempt to get on
board one, and failed ; but on the ship so often
alluded to putting back, I embraced the oppor-
tunity, mid at much pristine' inconvenience ifs
coming down from the country, I at length got on
board. I saw the situ:Amu of the vessel—l Mete
mired with my own hands, in this simile of vice and
wretchedness, the spaces allotted for the unhappy
sufferers. 1 made it my peculate care, and I shall
ever lend my assistance to the unfortunate. I am
not to be deterred from the path of duly cress
by the Sowers of the Ilutiourable Gentlemen.—
It we? become, him—it well becomes the pane-
rot of noel who Hewer toot any pains to serve
their fellow-creatures—sit well becomes the sup-
porter or a Guyer 1111 l eta that never lent its aid to
correct Onuses. If they have latterly affected a die.
position to look at matters thin so long claimed their
interference, it is not from choice, the public voiceof
the country cried aloud mid could not be put dowse
and they have, 1 verily believe, takes, up the subject
for the mere purpose of taking it oat of the hands
of attest who are homiest and straight forward in their
endeavours. Sir, 1 have been !tit :owes, by the sin-
becoming sneers of the which
are more discreditable to the torsois who te-ed them
than to the person to whom they were applied, and
I thus notice it to convince the Right 1 Inti.. Gentl-
eman that no blow shalt be directed agaiust me with
implants.. Sir, my object in rising was to sate the
facts which 1 am iii ptiblleaSloll of—tot Sillitrillat Jib
'suntan beings have been put into cribs 4 feet long
by lip feet broad, cacti crib containing six persons.
I know not bow others may feel, Sir, but I can
never think of it without horror—l never can
speak of it without shame; it has, however, been
I treated with considerable levity by ais Honourable
Gentlemen at the oilier aide of the Moons, it is
strange how the relation of Itutmin sufferings coot
be treated as if it Isere st mere matter of juke. He has,
Sir, thought fit to compare a trip to Calms to the sad
journey of these unhappy convicts—as if the long
passage of six months, over stormy sees. in the misn-
ame l have attempted to describn, was to be compared
to two or three hours sail from 'Dover to Coitus.
lot that description I really see lifeline; to excite
this unbecormitg, I had almost said this itidecent
, gaily. I sin not the advocate of crime—but I
would wish to be the friend of the unfortunate ;
they are human beings like ourselves—and when
you consider 3110 of them confilsed, cooped up. 1
think the House will not hesitate to adopt such nu-

Aar liate steps as will remove a prarlice ablnirrt..)t
to Inntrinity dirgrneelnl to Ike flrnish
Mr. B. BATHIURsT tut(' that miteit praise 1.341
been IWIMIWI.III uu a (ictilirinapp (111. Cai.iier), who
was the agei‘t isploonned by thr Secretary for the
Home Deportonen.. whilst that Noble firr.on mos
censored. He complained of this as nuf.nr and
unjust.
Mr.. tinouctisst %visited, lie awid, to koew *be.
titer ihr .pace. a. stated by Mr. Bennett, was for
six individuals 5L feet by 6}, feet broad ?
Mr. BATHURST said, he could not state how tint
fact was.

Mr. BROUGHAM next asked, whether there icis
any thing peculiar in the construction or accommi...
dation of the transport in opiesiiiiii, or Whether It
was exacilynn the same plan of the other ships in
that service ?

Air. llsTluuos? said, that to answer that question
would require more (Wail than he 'mild now enter
into. It was, he had already stated, tinder the com.
wand of a Naval Officer, and he hail no reason to
suppose that It Wall lint regulated di the other ves•
eels are.

Mr. Dotit:Las said, it has Fern stilted by an
Honourable Member, that the space allotted to the
individuals was 5i feet by t$ feet. 'Phut statement
is suit denied ; but the Right Hon. Gent. has apolo-
gised for the manner lie has been obliged to simmer.
chewed exactly the state of the Home De-
partment, where itiformation i'annot be procured
even concerning the dreadful facis which has. %a
deeply affected the I 'mine. Mummalile testmomv,
he said, had been borne to the character of Nlr.
Copper—he was far from wislinig to detract froin
it—lint it appears that he was wilt down by the
Noble Secretary to inquire into the state of the ships.
Now, either he did report, or lie did not—if he did,
why is not the necessary information afforded to
Parliament ? If he has not, he has fooled in the
performance of his duty ; but thin, said Mr. Dou-
glas, I am not to suppose front the character of the
mail. Theo he did report ; and we ore to take it
fur granted, because it has nit, it camint be
dewed, tlutt three hundred {Hunan beings were,
penned up in the Calllll of this transport, and
that to every six of them was allotted a space of
five and a half feet by sin and a hAr.
Sir Is.t se COFFIN reprobated the situation of the
vessel as Mast 11Calida10119. lie said that a Mall of
ordinary feelitig would be ashamed to have his
swine treated as these tinhaopy convicts have been.
lie hoped, lie said, that Govehitneut would itnine-
diately see the matter corrected ; if the ship should
sail, he would not be surprised to hear that not
a single mall of them reached the Cape of Good
Hope alive.
Here it was anxiously asked by several Members
whether the vessel had yet sailed, as an instant
should be dispatched to detain her.
It was answered by Ministers, that the vessel had
probably sailed.
I.lie Petition was then brought up and read. It
set forth in substance, that the Priv Miter, I. i‘‘l, flee
O'Halloran, Doctor in Divinity, had, for a great
number of year., served his country essentially— :
but that, in the decline of life, hr had been found '
guilty of defrauding the Post-office of ten-pence,
and sentenced to seven years' transportation : That
he was put on board the hulks, amongst the most
abandoned characters : That he discovered two of
those depraved wretches committing an abominable
offence—in consequence of which he wrote to Lord
Sidinonth and Mr. Capper.—Not hing, however, was
done to tiring those crimit.iiht to justice, but, on
the contrary, lie was reproached by the muster of
the convict bill', for having made the discovery. lie
therefore prayed, that their Honourable House
would tike the hardships of Isis case into their
candid consideration, and act upon his Petition in
such manner as may appear most expedient to
relieve loin front his dreadful situation.

Mr. BEN to ETT, in moving that the Petition do
lie on the table, said, it was highly desirable that
the whole bill'iret, connected with the state Of the
hulks, and the littisig-up of the convict ships,
should be thorolighly iuvestig•ttetl. Ile held it to
be utterly impossible th•it any one Committee
could perform the duties which, it appeared, were
to devolve on that, of the motion for the appoint-
ment of which, notice had beets given. The ditties
were multifarious—the papers and discontems that
were to be examined exceedingly .iattitiesous---asl
the subject of so cosofirelietisive a nature, at In de-
mand a most minute scrutiny. Ile meant, there-
fore, ou a future day, to give notice of a )))))
on the state of prisons generally. Of O'llelloniti
he knew nothing—for him he cherished no parts-
color feeling of compassion—hut he was deeply in-
terested fur the miseries of all those nithappy crea-
tures who were ►uffering under the sentence of the
law. If the ship in question hail not .titled front
the Demos, mid it was probable that It had not,
its he had received a letter from on board, on the
i'-!d, in that ease lie hoped and trusted, that Go-
vernment *mild give tintnedate orders that she
should he stopped.
The Petition was then laid on the table, and or-
dered to be rioted.
WOOL. TRADE.

Lord Enatar:Tua presented a Petition from the
NVoOI-comber* of Ti%,erlotu, fur a revision
of the law* relating to the traJe iu anol.—Laid on
the table.

BANK RESTRICTION ACT.
The CHANCELLOR of the EXclitAtut:n suit, lie
hnd already stated that it was his intention to 1111 l vr.
on an early day, fur the continuance. fur a shun
period, of the restriction of cash payments by the
Book of [,gland. lie now wished to apprise the.
Rouse, that, in entisi wiener of a commuoicution
lie had received, so Litely us Fulday tuortatig last,
from the Gentlemen composing the Committee,
whom the Beak delegated to consult with Govern.
inent on great official questions, lie ttionglit it Wll4
necessary, that the applicaiiiiii for u Bill to continue
tile restrictions rlitiiilil be preceded by a Committee
of Inquiry, to collect and Is), before the House
such information ur could be disclosed without pre-
judice to the ititerests of the pubtic. This !king
the rose, lie declined taking any step a ith respect
to the Mink Restriction Act, until the motion of
the Right Flom Geutlrm•in (Mr. Tierney) was
posed of, stud the Report of the C lire to
which he bid alluded WON 'lnd on the table.
Slr. TIERNEY rx prerseil his viiiisfitetion at boil.
iug that lite Right Hon. Gentleman begun to see
the ques.idni In something like the right voila. of
'law, hear.) --If the Dirt ctote

of ti,c B.llk ...,chttiy rot at. i:tquity, Ite
e.utgrotiLited them oil tlu extraortrninry rhtin.te
in their vennin-iiiv, since the-
hid fnnnerly, in
common with Ali,,e,dee., voted rogeino :Inv inquiry
witlilanevet.--(//efir, hear. hear. f how-
! ever, motto he ..11..wril to !•loy, Om, hr dill 1101 ex-
!anti grn.it lwitelit from the %Ittmititteictit of this
(7/mmittier. 111;c11.10fr, teneW the 110.
flee hr 1011 tZivril 011 TI.;11••11.1y die
.11ti.lit timi. Getokinin that hr tiw.tta to twr-tvere
in ttiotitm—lwrwis-e hr. w %%ell P 01-fiell thug
/Mille trick wtts to for Ihr pn,lnnw- or de-
frittiltg the of fret (Atha' hear.
Ile etstrotlrrpol the proposititrlt lot f:otsiuottee to
have Leen extorted Irnlls 11e,• rrar•
ttiterltly ltelwvell Alta it would
reottlrr tit) 411h•talltlei bervice to the
( Hear, hear.)

; . BURGH or Annutn:r.N.
Lord A HAMILTON stated, that it was leis intro-
! lions on a future day, to brim moiler the consider-
; *lion of the. House, the recent elt-ction of 111agis-
!noes for the Burgh of Aberdeeh—and, as it would
1w necess iry for lima to be possessed of certain pa-
lwrs, prior to Ilse discussion, he wished to tott,
whetlier.Mirti-ters were disposed to gru.st Oppose
cuenents, or intended , to resist their prropluctiois ?
If the papers werearranted, he would submit his
! motion to the House nos to-morrow seimpight,
I under P.:* swapressi 00000 that the lord Aslvrscate of
&odour' would Orem lw in his play, or, if lie were
I notothet the Right Honourable *Gentleman oppo-
pile (Mr. Bathurst) did nut deem his presence ar-
t Cessary.
Mr. BATHURST said, it was impossible foe him
to declare, es the Noble Lord had not explicitly
muted his view of the question, or the natuire or
the papers be wanted, whether their production
would be opposed or nut. !f he undeirtural the
i Noble Lard's object, he dial :sot intend to confine
himself is' a dopy of the strisitiest issued by the
; Privy Council, for the appointment of Magistrates
in Aberdeen, but that lie meant to cull for papers
; of another kind. Tlie Nohle,Lord must therefore
i see, that until the 'precise object of his motion Was
known, and the endure of the papers he meant to
cull for, he (Mr. Bethune), 'could nut state, par-
! ticulerly its the absence of those who understood the
suldect much better than he did, what resistance
wrild be offered so Lis propositioit. Tlw Intriness of
the Court usually iletiseurcl the Lord Advocate of
Seotlaud till the mouth of February—and the be-
ginning of March was the time, before whirls, sinless
affairs of the greasiest consequence called tutu to
town, lie could tiot,• without the utmost incossve..
oience, appear in his piece. As this clue-lion was
connected with the police of Scotism', it would
lie louver to have the beiseTit of the Lord Advo-
, fate's assistance when it was introduced. He
hoped, therefore, I lomt the Noble Lord would post-
pone his motion tail the Lord Advocate could, with.
out inconvenience, come to town. Possibly, be-
fore that lime, if the Noble Lord would state what
' his specific motion would be, he (Mr. Bathurst)
would have an oliportesioty of intimating whether
the papers would or would not be granted.
Lord A. HAMILTON said, he would be sorry to
subject the Lord Advocate, or any other person,
to noconvenience—but lie felt that it would he ab-
surd and improper to admit such a reason us that
stated by the Right Hon. Geotlernan to be suf.
Beirut for postponing a most insportaist discussion.
—(lleur, hear.)—lf lie were even zniXintra, in de-
ference to the Lord Advocate, to put oil his aw-
-1 time, the duty which lie owed to the House would
not suffer him to do so. He would, therefore, se.
lect tusmorrow fortnight for the discussion. He
wished it, however, to be understood, that, if Huy
absolute siecessily existed for its postponement, he
would agree to a delay of a few days—but he could
not consent to wait until Alarde or April.
Mr. BATHURST Sold, the Noble Lord had quite
mistinder-tosid Mon. His observation merely was,
that lie had been told the begioning of Miiich was
the tittle most colivenient for the attendance of the
Lord Advocate ; but lie did not ask the Noble
Lord in postpone lies motion on account of auy in-
(1116,1o:41, and he had not said a word about the
mouth of Avid. Ile further stated, that, when
public duty required his attendance, lie was bound
to crone to town, mid had al ways dune so, when
such ditty nteurrt ml.
Lord A. Ham t urnst said lee would, to-morrow
fortnight, bring on Its !notion, unless suits,. Inning
ground acre laid to n.dnee him to put it oil bin
shit t time. Ur meant to mutt. for 11w warrant
issued by the Privy Coitus:it fur the election of
Magistrates its Aberdeen, the I'eti -o.st from the
Burges.es agaitist the wove...ding, Hold till other
documents connected with the subject.
EXPIRING LAWS.
IlttooneN brought sap the Report of the
Expoing Laws' Cominettee.—Oiderest to be ms the
table, and to be 'printed.
CHUItTs OF JUSTICE.
Lord Clive presented the Report of the Coen-
missioners appointed to impure into the Hilioutit of
fees and mulurnenis received by the differeist offi-
cers in Courts of Justice its England. Also, a si-
milar report with respect to the ensolumems and
fees received by officers in the Courts or Justice in
Ireland.—Laid oso the table.
spßEuti OF THE LOBOS CONISIISSIONERS.
The tHANuELLog of the EXCHEQUER moved,
" That the order of the slay be now read for taking
inks consideration the speeds of the Lords Commis-
euissioners"—sibich 'notion having been carried,
The SPEAKER read the following paragraphs from
the Speech:—
"hehrienmen of Ike Nots.re of Commons,
" Thi. l's ince Regent has .li.ecti.l that Hee EiliMoleg ran
the ro.r. tin year 401 be laid b. hoe yam.
ttlg korai Highness lid. a.-unsl, Hist ',oh trill Irani
wilts s .1 i.f.to ion the extent of eedhetunn whirls the 1..e.e0t
sintiat ttttt of Europe, and the litiistnnees of the British
Empire, have eoahled his Royal Highness to effect its time
Navel and Military F...tal.l4ltiheois of the conistry.
*. IL. Royal Highnr.e has :Osa the ontifiration of an-
flattening to ?MI, a cotisillernlile amt proitres.ier improve.
ment of the Itesanue in its most semen tarot insoielics.”
The CHANCZLI,OR of the EXCHtQCER (nosed,
" That this House -1)311, so-morrow, resolve itself
into a Committee of the %Opole Hopt..e, to fuusid. r
the Supply to be graoted to his Nlleste, mid that
the Speech be refeired to such
Agreed to.
ROUTE TO HOLYHEAD.
Sir H. PAWS
Thai time let (Aid hefote the throne a C"Of of lilt Re-
port, PL.,. sun Lsbrome., re!atne to Else beil.ll..c a Rieke
over the riser Menai, iisei Bangui I.siiy-sa (,•e) of the Re-

port iif ti.. Colo •Ms4;oners of the !toad from :aindon to 116
lylolool—slid a ropy of Papers rufrrred to the Elibis of tht
Trinity Hoosc, and their Revolt In the Lords IheTrea;
stay, cnutainiim au estimate of time coin 'messing fur lets
proving tlw navigation of 3lissai SirAlli."—Ordered.
Sir It l'AkN,lO.l. next 'unveil—
" That a Selrcl C Miter lyr appointed to inivire into
the state of the 'toads from .London to Holyhead, by 00vrit-
(ry.nrod Shrewsbury, with reference to the regulation of his
Mitjalsty's Mail—and also to er *der what Improvement*
can br made fur the convenience of persona embarking fur,
ur driembai king from, Hal; brad, at Dublin."
The mut bias agreed to, sod the Committee
sea itelthedMi e!y lioniiinited.—Adjourned.

. _
•
1.41 V INTELLIGENCE.
COURT OF riIANCEItY, WttTSIDISTZII,
MONDAY, JANUARY S.
The LoRD ettAXeeLLOit at fn fiis private room.
DRURY-LANE THEATRE.
COOK C. FOULKE', WIDLET, End the PKOPRItToRS oF
DRCILICrLANS Intrattne.
The fim:tenon:4lEllEllMb stairs] this was the motion of
the Plaintiff, one of the Reinert, of Drury lane Theatre.
praying that the two first Defendants might be restrains
by an injunction from issuing executions on two judgmtsits
they had obtained against the Proprietros of Drory-laste
Theatre, and that the Committee of Matiagemeet Of the
Theatre might Ire also resit-abet:A by injunetion trim p”.
lug Ilse judgment elcht4 of the two first Defendants. It
appeared that when Mr. Sheridau and :11r. Lints y wi,s
in pussefision of this Theistic, and it was necessary In seboill
it, that there were a number of persons admitted to share..
of the 'Flieittre, who were denominated new renters, tool
were entitled to a fro c ashbiision fur the on awn, viol to re
rebre 2s. Oil per night, for every performalice 'lie
season. The Plaintiff sew. one of those traders After Ili.
Theatre was destroyed by her, and a proposal made to re.
build it, the stew renters agreed to give up sine half of psfr,t
they were entitled to on each night of performance, and Ili
take only Is.3d. per night, which was to he paid ths m in the
mouth of August in each year. They did ibis on the ex-
press condition that their charge should stand tir:t
against the funds of the Theatre, after the rent charge, tsars,
Insureace, sad performets were paid. By as Act of Poe-
'lenient of the 5241 of the Kiag this right was sullied to
them. Ilse thin alt, grit that there was a large vqin due to
the Plaiistiff and the other tenders as artiluitaids, wsd 111 ii at
not denied by the answers of the Dchnitants. The hill also
all, ged, that the Defer dant, Foulkes,. trot a demand *gains.
the Theatre for goods furnished by him fir the use of it, and
had proceeded at law seastist the Cm-proration, and Owasso-4
a josh...Tricot, and the pat rued to take out ass execution, :mil
tell part of the flit nature of the house to satisfy his debt a,
Cup's This thc Leas ns d Cimnsel contended he coo Id not do •si
the face of the Art of the 524 of the King, sill to take assay
Ilse first nicht of the renters to be paid, that which was se.
CUM, to them. This aught he severe an the Ds fessdas.t,
Foulkes, but he hsd the individuals to look to fnr payment
who porches, d the goods from hint. 'there was Ilia doubt as
to the inletst and meaning of the Act of Parliament, 111
there was no claim mentioned in it against the Theatre,
Which was to take precedence of the renters, except iliat s f
rent, taxes, insurance, and the salaries of the perfortneis.
Surely then that of the Defendant, Foulkes, cou:d not be
contemplated in the Act. His debt was accumulated by as
voluntary art, isi furnishing the Theatre with articles in his
trade, and he could nut have a prior claim on the property
to the relit's', as the only boon they had obtained for prig g
up one half of their claim on the Theatre WWI their right of
priority before any other creditors. It prisons who had
claims nu the Theatre prior to the passing of the Act , f
Parliament could not supersede the rights of the rent, cc; it
was impossible those whose debts were anbsequrtit to the
passing of the Act could ; however hard it might aplwar, nu
claimant °film Theatre had a right to receive Is. in payment
from the funds of it until the arrears of 43,0001. due Crum it
to the renters, were first liquidated. The Defendant, Founts a,
could not complain of being taken by sorprise, far before
he parted with his goods, it was hit own fault if he did not
Make himself acquainted with the etsactinents of the Act of
113 e liameni. It could be useless fur him (the Solicitor.,
General) to attempt to hide from his Lordship, that the pe-
cuniary affairs of the Theatre were in a roinuits state, and
if the Defendant, Foulkes, and other creditoss, weir allow. sl
to issue executions on the properties of the house, there
would be nothing left to pay the renters. Under those cups.
Siderations he had no doubt but his Loidship could pant
the injunctions as prayed fur. _
Mr. Rose and Mr. MACAUL followed on the same side.

Sir ARTHUR PIGGOTT, Counsel for the Defendants, the
propiietors of the Theatre, stated that the debt of the De-
fendant Foulkes was not contracted by the persons a hu had
now the management of the Theatre If the Theatre sae
to he ruined, it would have been much better dint it hid
been done some time buck, before the present Commune of
Matiagement had taken so much pains to 'Olive the ex-
penses of it, which they had one-third; the toriin., sole
required fur a season was 60,0001. sod 40,0001 aculd rover
the entire expense of the present season ; besides, . very thing
that was used for the house was paid Cu delivery. Ti:e
renters had an equitable chaige on every thing that went
into the Theatre, after the rem, taxis, 11111111 MM V, and per-
formers were paid. If persons in trade did contide their pro-
v to others, they must take the consequences, nod abide
icy the law as it stood; it would be a great misfortune
if the new renters were deprived of their pi Melly , many of
the original being dead, and their rights vested Ili then wi-
dows and children, who looked op to their dirt:lnds oii the
Theatre fur support. The renters were far frnin wish.ng to
do any thing harsh or unhandsome. They would hat P Irr.n
satisfied to have allowed a further reductitm e f their de-
mands, if the creditors would have accepted of lbs. or the
pound fur their debts, which was offered ill. in by the
Sub-Committee. It was but justice to the rty, nec:lity of the
creditors to see, that the majority of them acerpted the pro-
primal, but the Defendant, Foulkes, and someothi its, ufbs, d;
if ill the creditors had cotton-toted to take the Ills. in the
pound, the trustees for the new renters would have gem
up 14,000 f. of their demand for incidental expenses rif the
Theatre before they would require to be paid Pert of the
prayer of the hill was fur au injunction to restrain the sub-
Committee of Management f pitying the judgment debt
of the Defendant, Foulkes. When a fTIOIIOIIII was made,
some mouths bark, to his Lordship, fur an injunciirm, h.r
the purpose of shutting up the Theatre alum, thee, whir:, hie
140(11911111 111014 properly refused, it would have In. ii bete. ,•
that he allowed it, than that the Defendants ehoold tie Olowirti
to sell the property of the Theatre under an eif r i ton. 'I lc;
Theatre bad since that time become ovally proilnet lye. aiet
there was every prospect of a must propitious seesou. lie the
Learned Counsel.) did not wish to say any thing ill-net 01
of any gentleman in trade; no doubt the Defenilant.Fonlkes,
felt it very severe that be was out paid his 7001. the
oil, &c. which he had furnished for the use of the Theistic ,
but he thought he was ill advised that he did not nreept of
the 10s. in the pound offered him by the Sub• Con 11111 l tee.
He would not say that they were not able to pity him his
fall demand, but, if they diti,other creditois would exp. et
the same. The new renters and the SisheCommittee were
willing to do every thing iu their power that would in•ure
the payment of the Dcfruidasst, Forrikes'ir, debt ; but if he
f of the other creditors were allowed to dilapidate
the Theatre to the tttttt uut of 5,04)0f. or 6,0001. total rum
t take place, which he trusted his Lordship would lilt..
vent by granting the injunction.
Mt Wtreciriebp said he was Counsel for the Defendant,
Foulkes, and all he could learn was, that he had refused to
take ten shilling. su the pound fir zooids furnished for the
use of the Theatre. There was one thing. howev.r, that hia
Learued Friends had forgot to inform his Lordship of, whi Is
was, that his client's demand was funiided on Met huastt ii
resolution of the Sub.Coutmitter„ that the artielee should be'
paid fur usi delivery. It was with this hope that his
client furnished them with the goods.
The LORD CHRIICW.LLOR--" It is now time for the Court
to rise. Go on with this motion toemui row morning."

COURT OF KING'S BENCH, WtsimiNsTmit, JAN. 25.

lALMON V. ATIICINqON.
Mr. TAUNTON moved that the verdict in this ease should
be u t aside, mad a new big] granted. In the 61trivrativu It

~!'_