The British Press; or, Morning Literary Advertiser.
London, England, 1822-02-26 00:00:00

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bed Owes swMs. net Imi AN* mpen;llt MOW
"4111111•114 Ant • '1101,1461 bilshis is polesissis-
Sued is the geel of LandllONApliobeell. slid.
• Ibbieunin! hod daysamillmh ar , Medryiniti his
Illeisides whistle with •bie mustimeste spas few
lismentary Reform. Letters from that isdivi.
AMA to his. bed also helm apetteds old is me
naming ships had bee* ditsissil sharther,shi;
it are/ te bias. He 'height it ma
On be deptived Sr s comilenimiling;
.idsb abillb Irked, wilhotalmay teethe, migrevalkill.i
%hops be sight lot Isla lit **shill* Mole..
tibiae sere the peones toop* le is sum any gem..
eveitess eempleinsils& Ilst &wean that hi the
cue el Nehuster-,ged,Mbeee the issetsot ODINIIIi •
• ties bed bees asemaiened, het Quills.' had Mood
up in that Hosea, sad set only debandsd bet eulo-
gised the characters of the persons I vited with,
its ameagement. Frew all tits haellostifill Is ill+
able to receive. he leaned that this iegoisitesiak
power of efesing lette‘was practised by therein:
gestures et Larteaste, for the pawnor of piles
into the aeotets of passes 0 that deocriptieu ; inn/
that with this view they had given power to the
gaoler to open all the letters they received. They
entertained. however, sane doubts epee the subject,
end took the (minims of • lawyer upon the legality
of the act. The opinion was that the act was law-
ful ; but they were cot Istislied with that but pro-.
eroded to freeze some regulations for the DlROsie.
meat of the geol. Now, 4
according to the lith
Ahoy. no person we, •11101,1 SO open a letter alter
it wes delivered in the pesuellice withuet the es-
prits warted of the Secretary of State, er pestle.
lion of the perste to whom it was directed ; and in
:elle Mfg Rights it was laid down that the laws
of the land could not be suspended nr digested
with except by authority of Perham:at: It
seemed that the lid Oro. 11. was the Act which
they esaaideed , mossioned the proceirdiog.—.
That Act was WSW for the protection, not the
oppressissa of peinehere, and whether it contained
such permademaiamt. ne ma could deny that its
spirit was sod hoped to alleviate, set,
increase dm ,
that thio:
*or ether acrd. Bute is. where
liege weacersined bra Sit A
fammellited :stated wee tem little ,
tteesem,eimielaistmgh Me. Bent was
: tits ielosstly-yet this peastice was set . .
• ereheiteinsiml he had heard of late, he 1
he sepsis 4 it he heard the Noble Marquis ee . .
of ibihlAilende get up end say, that this
- -Amlabilia.tontiesed for the protection of the f '
sad ies of his Mhijesty's sebreta: Bat hi '
6. Srhether magistrates had soy right to has
.•41iplese regulations tato a gaol ; and upen thee
.implarset be hod the opinion of a most able politician m
es
sett. as a mead Jawyee, a mon whim asthma
',laid be respected upon both salsas( the
„it moot the late Sir Samuel Romany. In 0
slmentiog • petitioo is 11112, he mid he was at • loss •
- a trt brow upon what principle of law it was that coat.
ie Iliatralus took epee themselves to interfere with ills.
( geismers Sr a meaty gaol. This, then, wee the
lap. tad if. the .orastice complained of were .tolet-
sited in the Sid Geo. 11. the sooner it was repealed,'
, L
,I,sle.;tehar.ve
.044% bihhi„.ONietisfirovirreion iblyootaneDeceactionneedat ialie.
*7 -as :WOO as he bad heard that it was a breach eft
t
fs..
, Op vivant.' of that amen, he had determined tic
gto 6 that motion. for he thought that iu vindises l
tug the privileges of that House he did more
IWO in vindicating the privileges of the ~ l
He should therefore move— ' 3..:1
" That it is the aphasia or this Hesse
epeuioe, suppressiat, or Mafioso amp letter
istrinher of IParilesseat, was guilty of a di lii
lassoteps if that Renee" ,
Mr. Peat. then rear, bat gave way to " '
Lord Sr* N Lay. He said he felt great reluctance
'in rising to address the House, and the rase par-
ticularly as he saw it was the
u it:dentistit:ft I
H. Gentleman (Mr. Peel) to address t ~
Opinions must at all times love so meek' i
weight than his. He could not, however, avoid,l
expressing his surprise that the present question
could be considered a breadth of privilege. It was
flaker an nasty/Aiwa, dedemetance, if that were
the cue, that last June, when a Petities was
preeemed to the Hour, complaining of press
caitiff the same thin. the Petition was order-
ed to be referred to a• Committee os Prisoos ;
rind no one Member of that Committee hod cep.
eidered it • Weather, the privileges of that House.
That rho order, msdoeseeme eirceinetsaasepasight
produce a breach of privilege, he would not deny.
The order went further than that—it might go to
• breech of trust between man and man. Bat
the Magistrates bad sot acted on their opinion
alone—it had been strengthened by the sanction
of the Judges of the laud. He did not in that cue
see how it could amount to • breach of privilege.
It was perfectly true the regulations of Lancaster
J•Lgul contained roe role laid down for the gaoler
' that required him sot to deliver the letters until be
,•'.W opened than cad reed their contents, upon
h'in which he was to give them to the parties if nothing
esceptionable were unstained, if otherwise, thee
• z oOread the unexceptiouble parts to the ;omits and
metre the letters for the visiting magistrates ; and a
• role of a sionler =tare wee to be observed in regard
to Irtlers sent from the gaol. All letters of contuse.
',instant between the prisoners and their law ad-
visers, were else to be immediately delivered. Such
were the rules prescribed for Lancaster gaol, and
lie believed on the hood-writing of Jestice Bayley,
oho epode some alleviations iu them. They had,
however. bees subsequently approved and sone-
tumid by the Judges going circuit, Bailey sod
Park, and this after coariderable deliberation on
the part both of the Magistrates who drew them up,
odd the Jordires wee oinked them. As to the tight
generally of gaoler. us tameness the letters of pri.
sutlers, lie was of opinion that they would unt fulfil
iheii duty if they did not do so. How the tole
sideht to apply to 14'11(1104os, sad to Members, he
lets it to more competeut Members to say. lc *as

~! Which __
tell letters freaked by Members, or directed to
naafi/may to law ; secondly, that it was •
llsossiebektpailege. He bed listened feriftely with
Meat verities to the doctrine held fifth by- the
fbr Winchelsea in upholdiila'fte pro-
As far ft this applied to permit', In efti=
it certainly meld not be eariateined.—
Tbeftssiets ft the Cream side of a poi were ei-
olfilly dsed.—they hod an privileges, by !
tkaleml: =mot/Mt Ne one wool& detycee:ebsepottik at
Crown of interrupting the meet' lift.
parties se circumstanced. Thep he•
f
the Honse visa doubtless of a no.
tore. The Hefterable 13entkassa reamed' to
the Art of Parliament for the regulstiou of pelt.
The Noble Lord proved that the replatioft of
Lonesome pot were drawn up by the Masistrotet,
and sanctioned by the Judges text en Circuit;
and when he mentioned that the enbsctibits
Judges were . Bayley and Park, he thought the
qnrsrion at an end. The Act of George 11. had
beeniefeered te, by which IdeSissitto wire direct.
:fa re drat' '4U rdssilations tar gaols. He would
'refer the If '',i ii a mere recent Act, one of
'George 111. t ' preamble fur ohich described it
Irish' on Act for the better regulation of poll and
`dies of confinement, &c. the Act directing that
tie rules and regulations should be drawn up by
k. I e Magistrates at Quarter Sections, to be by then
' banned to the sett Judges of Assiie going dr.
"coif through the country. After tins, and the
'proof they had of the repletion. being drawl up
'according to law, and considering the names of
the sub.cribing Jedges, he considered it a waste el
time to dwell looser on the first proposition of
legality or illegality in the conduct of the
4tiates and gaoler. It would be a wanton
the indulgence of the House, if he attempted Is
tdaell longer' on the legality of the proceeding:
'Supposing, therefoer, the conduct of the Magi..
Bites to be legal. or at any rate, assuming it to be
so for the salted' argunieut. he came to the letter
peptitioo ea to the biasehof privilege. He wool
*appose the regulatito to be legal, and that it Net
Alb all the sanctities and authorities required
law. If this were gritted Min, there would be
Attach of privilege—which retarded in the case
letters, only to the freak poseest of them. They
would scarcely ciiiins any abet exemption as la
'their letters, then than deseribed by the law. U. '
der what authority would they rest their cleft 4,
exemption from the general mewing of an Ate d,
' Parliament cootaihiegne reservation is their favour t '
'Could it be staistested, that after the House had •
knaverwered the alsgiattates to draw up rep ' ;
Attie better aftwaOutent of gaols. sod the 1
trues bad in the instance immediately in q
omitted to make any reservation in favour of dew r
muoication friinft to Members of Perlis/seat, limit.
exemption mild be claimed under the privileges of
the House! Ho assemed that there was ft roue-
vation in the order, and therefore Mothers of Par.
Lament could not elaim to be "tempted from the
execution of it. Reference had been made to Lord
Sidusooth's letter to the gaoler at Gloucester. It
had been mistakenly called s Circular. The appli-
cation to which it gay* rise caste from let O-
usters, one a debtor, the other is fur a tirideaseon-
mt. The complaint was referred lo the Secretary
of State from the House of Lords. The opinion
of the Law Officers of the Crown was taken.
Aspen, it. The letter to Lord Sidiftuth was
Ahaf emeoequeem, directing that the . regulation
should in future be applied only to Mona. It woo
eallothe first time the attention of the House had
-keen called to the *abject. la 1735 there was a
emplane made that letters bed been opened, and
thil basafsem and to Members of Parliament had
boss shelled; a resolution of the House declared
itt-terhe Wept and a breach of privilege, sad no
deakitins ea. But thee those measures ooly re.
Am* se Iseeemeia tha post, or delivered to the post..
alike saushliameets. If the right existed at all lu
-Orden @Wineglasses, to prevent or intercept -I
correspasdasie of posses is custody under k
Member& el Neliament could claim no ese
mess opeskilt seemed for them. Lay thing :
it
kiwi dun rander the sanction of the legal
asiberidscomi.. list forbidden by law, could
• ha .ae. beads, 'et privilege. The resolution of
11111. *at asibuit, declaring such conduct in
• amistamarbal ether inferior agent of Govern-
esses es none: m qualieas to be a rug breech
.1141.1111 Vera 4. she House, except done
Iftilla , • nemikst, 0 a Secretary of State.
.11 giosisimiof sass time from the application of
talgesseal oak is IMemph.ers were allowable, they
ale it
be very unwilling to assert it iu ammo
it alight lead to an interference with the ad•
. ration of criminal justice. The Right Has.
here read the opintou of Doctor Black-
stases the subject. and was proceeding to moot
on she inconvenience likely to arise from the ea.
emiptift claimed.—[We were, however, unable foe
souse 'sienna to pay attention to him, a messenger
of the Hoeft persisting in driving two person* for.
ward in the direction of the back seat, one of theft
being intoxicated. There was uo room for this,
and the additional noise of them kept up the eau
fasiou which prevailed around theta}--Whey
order was restored, the Right Has. Gentleme'
was inanities upon his argument generally. that
Members had no right to claim exemption as to the.
opening of letters to persons in confinement. Hs
concluded by moving the previous question.
Mr. H. G. Bauxarr could not help thinking
that the principle was stated toe broadly. If he
had understood the Right Hon. Gentleman tightly,
he had asserted the power of the Magistrates. with
tliesimcti•s of the Judges, ioetend of seeming the
old law of the land. erupt legislate—not to apply
laws reedy made. but to make new ones—to aggro•
vats peoishments. instead of enforcing them merely
—and lecher's,. if they pleased, a dealt of simple
imprisonment Into one of solitary aftreancut. It
we a hold nag to chelleurt the Iftrilloarusng e(
the Right Han. Gentleman. with all apnoea
w&i.
shoos hit. but he, would venture to MOO,
trate, had to each power. All they 11111,,
to regulate the applicatiou of the law—the hears of

gel"- iris notwith.
@Mediae the Blackmon, mid 11.104 rd Penitentiary
Aht quoted by the Right Ma. •liesitleismia that
1110hgtetrates had no pewee to legielets on prison
discipline ; if they had, all the la seurs of Prison
=aims§ above. stairs were thrown away. to
. •
plated- to, of letters opeoed coming from
1 zigi;i. gto • gaol, the adopted, on advice
the law officers of the Crown was, the con-
of the• gaoler was illegal, the complaioseat
only • debtor, and sot a felon or a fine. As
breech of privilege, the Right Hon. Gentle.
is citing the case of 1755 overlooked the pre.
'vises preetedings on the One subject. The Act
er Charles If. which west to the establishment and
regulation of the Post-office, contained a clause for
- piing Members from the chow of postage;
dm edema did rest comprise the other Hesse, who
dehmopan match it mit; they had no poorer to
=he because it was a Money Bill. The
of Commons resolved, oetwithetandingv
drat it was pert of their privileges to pay
no postage. This was net done to save the ,
putty tirdpened dr seven.pence. ew one shillinge •
but to secure the privileges of Parliament pad i
the liberties of the people of England, by pre.l
semies the means et free comesomestion of cent.
pleats to Menthols, said by them to Parliament.
Theo tamer the resolution of Sir Robert Walpole
1735, that it was a.high infringement of the pri-
eges of Parliament to break epee or look into a
Wier franked by, or addressed to a Member, 'swept
the warmest of • Secretary of Sestet It
alltmeset a gamest warrant left to be applied at
41seretion by. an inferior ageot, as he hod known
• cis orders to he left on one occasion. The
reeelstien required a separate and direct war.
thi•every such retaining order with regard
Wks withholding and breaking open lettere. It
4 perfectly demon*, the Right Hon. Gentle.
Men said, that the resolution only referred to the
,Posbolfice. Bet the principle wawa clear as to
the latices of Members under any circumstances,
the privilege being retained far the wisest and most
Vidal purpose, that of securing a proper statement
of the grievances of the people in Parliament.
Now, what greater source of grievance could there
be than the general treatment of prisoner's ? Could
any men doubt, after all the 'sheerest the House,
end the enactments boned necessary in the lest
twelve yesre.that much injustice bad been suffered,
and that the conduct of look's most have fur-
nished meek well-grounded cause of complaiat ?
Then, if the prisoners bad any such cowponies.
lion to make, who were the parties to whom the
inspection of their letters was to be intrusted ? Why
those very persons against whom they might have
Midi good reason to complain. He knew that then
were only five gaols is which this power was riser.
eiaed. He knew that there might be an improperf
use spade of the sanction combined in the franking
or i ' fliteepbes to convey improper 'natter ; but
Ithellidlei.oech case could really arise, tweedy
assedd bh noddy supposed. At soy rate the pee.
sent ewe *A opt of that 'shod. The Hower-
able aloe* Iplil. declared that the letter broken
upea bad wig" front hint. He would 'put it
ee any ass to say if ibis were not a breach
a. privilege. No desist the Minister would do
he pleaseds" He *meld have it voted a breech
of privilege or not, or perhaps that they had
no privileges. at all. He was therefore ischned to
thank the -Right Hasotwable Gentleman for his for-
bemuses in moving the previous question. The
motion otherwise might lead to great abuse from
the establishment of a new-tangled doctrine of pri-
vileges. The Right Noseumble Cattlemen bid
by his motion implied that be did net wish to urg
the decision of the Hesse oo their privileges too far,
and so, 'seemingly to lave cosiverestion on a dlr.:,
agreeable question, had moved an saniodmesit.
The A trout er-GINIIIAL upheld the legal right
.ei tie Magistrates to regulate the iuternel police of
The gaolers were bound to obey their or-
ohm sanctioned by the authority of the Judges
&cult. The Magistrates at llchester had,
copied the letter to Gloucester gaol, and transcribed
it into their orders and regulation., wheu Mr. Hunt
saw it in the hook, and naturally mistook it fir ie-i
circular. As to the question of privilege, he woad
resolve it into this:—Were Members of Parliselsekt
privileged to enter in person any gaol in the coon.
try, to bold coenntuoication with the prisoners, with.
out the miscue° of the Magistrates ? He appro.
bended they were net ; and. if not. then neither
could they insist upon the unqualified right of com•
municating with the prisoners by letter.
Mr. Seurat argued against the infringement
es,the peivilogee of. Members, iis men' to the Me
Sureties of their letters. The argument ef the
Right Hon. and Learned Gentleman, as to comma-
Mations with prisoners, might apply properly
' enough to personal interviews, whereby the means
or escape 'night be facilitated, but it could not
apply to letters. through which et was impossible
to forward buy such mean*.
Sir R. WILIoN said that the Right Hon. Gen-
tleman had rested hie argument as to legality, MI
the power of Magistrates to do certain things outlet
the sanction of the Judges, but hr meld sot
argue the right of Magistrates to increave pains
end penalties upon conviction. Were they not
aggravated by intercepting the correspondence of
the prisoners, sod not only so, but what as.
surance of redeem could they have, if the coin-
plaiuts of cruel and tyrannical conduct were to be
subjected to the inspection of those who committed
the acts ? Could the orders of a Magistrate justify a
breach of the privileges of ibe House? Ile hod always
understood that the petvileges of Parliament, like
the prerogatives of the Crown, were not to be got
rid of by any by-law of a Magistrate, or by any
comae Iris direct 'hag the declared yielding up of
the Hesse. Ho had been eiraininieg the Juana'.
and bad diesseeted soother precedes'. by which bi;
hoped to some the vote of the Right Hon. and
• Loomed Gentleman opposite, who had devoted so
much of his time, and accuineleted so much know.
Wee twofol Ma serving the privileges and indent
of the Meuse. He referred Members to the J 0111114116
of .14tb August, let William and blurb where they

.• • "' ,I. - es •
'boded subtakting soy pappssitioa Buis Italaka on abe)osalp inspoldlitit far to low Qat labour'
'the *object of the Poor Laws ? sight de asondood in ' td to thou to the pr. lthe kw Warm
Mr. Scasixce said too should wait for the to. freah• 22, sighs ad.:: • him' if D.) °V: . digelfwillid " 1)"."
would he t et 01. The roble teems would
yak of the plan of the Noble Ma uis. tomparsing a°11",
thaionr &dhow to be tiowslatodi suction. He considered tits coo iilhe not malatoia a alegistrate had the power
*ere adopted, it woild es idil fag ea --jrsed highly ifoageroftito mulls asisst tampions's*, ed.
the subject Nugatory. tW ems one. :•- iWy. tqfPiAlelllee, • likappip4olLeolitarr cos-
miming° Tilt L
. . _. Mr. pent. said, that thgra were two peens of f inn yet his 'resilient "NIB rags thus
Paila •11 .r...$ • ..rs:it. waS which be had to conteod : Ono, that *an IVIN-ie no where, He was sews fleiwifis-
=lllll6
aoY letters Trusted by Hentbers, or directed to *tending the Blackstone sod Maud Penitentiary
- Mt- ""I'S "" i!,_•16100001111101111 .141416 I. 1.°1.: .... ~tram to low : secondly. that it was a AkiEnueted by tho Riaht MN- Ileideieaw. that