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London, England, 1809-05-19 00:00:00

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awl twenty-two Justices or. that Court ; no one
had{ ever dill:rated the authority down to 'the pre-
sent moment. If we referred to . Hawkins's
Pleas of the Crown, we should there find it laid
down, most expressly, in words to this ef-
fect, that the Court of King's Bench has power
to imprison in any gaol of this kingrloin out of the
county where it sit. The doctrine now breleht
forward seemed of a piece with the many mos Tern
attempts to• bring the Government and edit:inns-
erasion of Justice into disrepute. We were totally
to exclude from our observation the many decisions
of law 'emse the revolution ; these cases were not
enough ; we were required to go back into
the first irees of c.iir country before we should he
able to L.ril any purity in the administration of
Justice, even five hundred years would he too
young a period ; in that time there would be
fodnd nothing bat oppression ■nd c►uelty.—
These were the arguments of those who endea-
voured to impress upon their Lordships the words,
not of a lavver, but the expressinus of a man
standing' iii the pillory, in Palace-yard, and ad-
dreeeinr, himself to the passions of a mob. It was
from the pillory, and from Palace-yard, we were to
learn the Con•titutudn ;nod the law of the land—this
was the doctrine of modern times. Ile could see
no purpose in entering upon the Records of the
Hour., that this jorlyoneht of the Count of King's
Bench was nousually oppressive and cruel. It
must have been known to those who had been in.
atruntental in so placing these words upon the Re-
&owl, that they would not be attr.nded to by their
Lordships. It was the •tteml,t of those
,who ante
ported modern doctrines, to bring the high and
teamed Judges of the Court of King's Bench, and •
with them the Arliniiiistretion of Justice, into de-
gradation ; ■nd the only object wine!' appeared at-
taioahle, was the idea of such sentiments being
handed about in newspapers to es• ry corner of dm
emgduru, and thereby ',reading an ietlammatory
spirit anioni.srt the people. Ile next adverted to-
the other objection with respect to the term " good

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war another object to he iittruited to: st Willk•
tion of public importance, and it mire .Npedient ro
mi.iindrntaniblig should go abroad reepArting..the:
lower of the liing's Bench. It would be Tweet-
leetccl the.Lcarnrd Genc•nil hied oheerrc,l
these T:artira might hair born fnui.a gicli:; in st-bet-
ever con nty the paper was sold : they nue-%
have been tried, and found gag ty in (..:••rowiell.
considered thry had no iron cd to complain of tint •
hardship of their cline ; for. considering the ~Renee
for which on the fuer of tlw. record they wen, Canna
guilty, it was certainly au et: : of reosieltriit.'e
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HOUSE OF COMMONS.

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magnitude, end tended to &atm d.s 'Abe se
cunty seed private liberty slavery individual in the
Lutal. It had alwuy► barn Inc compolittioe, 'he was
living in a couutry where every thin;( he held sa-
wed would be secured to him by a Jnry vilufwere
t) determine withouobei mg influenced accidebeg to
their conseleaces. Berry mail by the law ef' tills
country WWI presumed to be innocent tell
he' Wile
proved to be guiltio betterre a mu) acquitted aid
declared innocent by his,Pestre was to be branded
. with guilt. The law relating to seetwity for good be-
baliouy was so clear that he thought there cal no
Necessity for commenting upon it sifter what lied
been stated at the bar. MI cruel and tyraimical
exercise of power in a Judge Of any other Officer,
however high. ought certainly to be uttended to
and prevented, and when he held it as hi. settled
opinion, this power alluded to existed in the Court
of King's Bench, that they could impriona iu any
gaol of the kingdom. lie did net intimate they had
p over to confine within sects% promo: those tintio
were goer by, and the present had no reason to en-
bootie tiny apprdernsioe. With no view, .he must
confess, towards his own satisfactiou, but rather in
deference to their Lordships. and diet üblic import-
ance of the present caecolie would propose u question
to the Majesty's Judges, whether in the ease of a
person being convicted of /Hi olteuce in Middlesei,
the Bourt of King's Beech sitting at IVestiiiiiister,
have authority to imprisot) the offender in any
quunty wool besides that in which the Court sat or
the cunvietion took place.
Earl STANHOPE eu or„ested e'verbal aineudesseet
•a in any goal of the kingdom, other than that of
the county Irliere the Court sat, or that the
comity where the conviction took place." •
The Lottu Chino. Justice of the Court of Com-
mon Plea, proceeded to deliver the opinion of him-
**Wand the learitolJtolget on the question proposed
for their considenition. Ile considered the ammo;
referred to at the Bar, as conclusive iii slippert,of
that authority so exercised by the Court of
Kiag'i. Bench. During( die time of his profession..
al life, which had been a period of fifty years, lie
never to the present moment beard it disputed that
the Court did not possess the power of confining a
inept within anyPrivoit of the kingdom. After referring
to several ewes which had beeit prey weal y uutotioned.
its front them declared his own opiiiioo, and that
of the rest of his Learned BrotOer., were in unison
es to the right of. the Count of King's Bench to
that authority. He ofso considered the other part
of the question respecting security for good belie-
viour so clear, that it needed not to have been agi-
tated. lewas the constant practice of almost every
term. Ile therefore prouonuoed their opinion,
'a That the Court of King's Bench had jurisdic-
tion to imprison in any gaol of the kiugdoin, and
to oblige the parties to find security for their good •
behaviour in any aura, and for any period of time."
Lord ERSKINE entered at some length into the
merit of the preseutquestioie which lie was induced
to from a principle of duty, itfoer having expended
so mach o$ his life in the legal profeesion. He
conceived, after the pains and zeal which lw always
manifested in the discharge of that profession, fie
ihnuld tune been extremely remiss, if he had not
objected at that tiine to the diatom imprioomoent
of some inert who had confided their cases to his
care, and for whom he felt himself considerably
interested ; but it never occurred to him the Court
of King's Bench did oat legally eaerecioe that power.
Such am his opinion at the time, and he had heard
nothing iu the•course of the discussion which tend-
ed to.preduce time smallest alttratiou in his senti-
ments. He was confirmed most satisfactorily, by
what hat fallen from the high and learned Lord
Chief-Justice o!' the Common Pleas. He considered
the offence for which the parties were eoutined asone
ofa inset dangerous tendency. A libel might become
of the mast atrocious ()fleeces, and.nolie could be
more so than that which went to prevent Juries
from acquittinr, men whom in their consciences
they considered ionoemit. Good God, to what •
"dangerous extent this principle might be carried !
and considering the inau bremt, how naturally it
was influenced by the opinion of our fellow crea-
tures, there would be an end of ell security if Ju-
rie• were to be evade responsilde to the opinions
fee the verdicts, and particularly verdicts of acquit-
tel. His Lordship concluded by expressing his
conviction of the power alluded to lei .g legally
claimed and exercised by the Court of King's
Bench.
The question was then put by the Loso CHA 3(
ctio.oa, whether the Judgment should be re-
versed or affirmed, when it was onaaimously agreed
to, that the Judgment be affirmed.
Mr. ASTLeII, Mr. LONG, other Members from
' the House of Commons, brought t) the anxhall
Bridge Bill, and several private MI6, which were
laid upon the. table, and severally load the first
tame.
'the other orders of the cloy were then disposed
of, and the (louse Adjourned.

Mr. East, from the Offit. of Auditors of Public Aces..
le,
pretested a list of Pubric Ace.ants,wrlich bad not
that °dire, lap to the stli of lassary Inlay.
0* the nestioe utter Jona SI retain, a Committer was
appointed to Umpire isto the progress mode by the Board of
Agi 'utters in the surveys*, England wad Si...timid, and to
report the advantage the robin sere likely to derive there-
trust
The order of the day for the House going into a CWROlit•
tee on the Irish Post Reed Bilkers, &kn it till to-morrow
as was the third reading of tke Irish Assize Fee Bill.
The Gas Light Compute Incorporation Bill was ordered
to be read a thwd tiro, oo tits day se'eniyht.
• Mr. Down*, obtained leave to bring in • Bill to snake
provisam f.e the wives and families of Volesteers serviug fur
mew hallooed ie the Militia of Ireland.
The Hasse resolved Itself intc a t'uinutittee out the trial
Militia Completiou Bill.—The report was ordered to he re-
served tu-veurrow.
The Paupers Removal Bill was reed a second titer, and
ordered to be rusamaltedeu Wednesday seat.
A 3ltsaagr (ruin the Leeds sasounced their Lordships'
sweat so the Clyde Navigation Bill, the Warwick Camel
&11, the Albion Inserenee EV, and I others.
• MONUMENT TO CAPT. HARDINGE.
Mr. K. I%' •ko rose to move tier an Address to
His Majesty to give directions for the erection of •
monunsmit to the memory of the late Capt. Ilar
ditigr, who fi:11 its it naval engagenieut with the
piednioimise, In !he East-Indies.' In moving for a
great ustiotiml reward to to meritorious an Officer,
he raid, that be taixht.fie susperttil of taking
honour to histWarr kiy twinging it forwartll ; it how.
t to: lel{ to histiot Awls adventitious firtaststassetto
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alone. by holding the public situation he did.
With respect to the gallant Officer in questiou, he
Wasialonise a boy in years, though a veteran in the
service; the whole of his course having been mark-
ed with daring enterprises. He commenced his
career at the glorious siege of Acre, where he was
Woven lip, by a sudden explosion, hat escaped de-
strut-mu ;- his Kellam conduct subsequently, when
lie commanded u gull-boat, obtained him a gold
medal in honour of his services.; lie was next ap-
minted to the Terror bomb, and was employed Hi
the bointrtrilinesit of 1101.110g111.. A4ltairal &tumo-
ral reported Ins gallantry, which was never more
conspicuous than on the occasion, when, having
the command of the Scorpion sloop, he cut out the
Ahriman brig, of superior force. on tiro Dutch
coast ; there were two sloops lying oil the coast,
and Capt. Darthuge was detached to reconnoitre:
lie found they were both superior to him, and that
the outer one had 290 men pit board prepared to
resist ; lie had the good fortune to be jouled by the
gallant Captaiu Perry ; after a most vigorour. re-
sistance, they bearded awl cocci .1 the prize ; the
Admiral was very modest in his act:omit of Cuptaiii
(Jardine and Uroitsin Perry, mid dwelt much
on the va:nur of the Dirteli C rptsin, who died like a
hero, bravely defending iii• vessel, which might have
experienced a different fate, had Ina exertions been
adequately supported; the gallant coo. I lardinge
wished much to have saved he. hraveisiovolient, had
it been practicable, and so struck. wait 0, with his
gallantry, t nit lie 'lever mentioned nit name it ith-
on t tears. ilk was next oppointed to thr St. Fio-
re's:a. of 38 gulls, under the ennorstind of Admiral
Pellew, in the billion St'AX, whose he met with Ike
Pie(bronitaise, hi the month of March. 1808, whidi •
%%%%%% iijeil 50 eon', 4101 lied' on board 64i0 mem--
When the enemy seud • vessel to a (fistula fore:gie
%fano'', they always *elect the beat, and although
korming the state of this vessel. and Lime St. tio-
rers:e having only ten men on board, still Captain
Hardinge did not fear to attack liar. An action
commenced, which was of three dap, continuance :
011 the first, each left oti as it were by consent : uu
tbe second day, after a fight of nos hour and fifty
minutes, the St. Fiurenzo ca. n4duged to fell beck
to repair, wheal the enemy took the uppoetunity to
sheer oil. This would have induced xu ordinary
Man to desist; hut he hail no sooner completed bis
repairs, than he 14.,:110 bore down upon her, and was
unfortunately killed, after an hour's renewed en-
gagement. when the gallant Lieutenant I)irssou
completed what had barrow nobly begun, soul car-
ried the enemy into a British port. The Hononr-
able Member felt it unuecessary to heighten the
picture to the House, or to dwell upon the effect
a natioiial reward. of this kind would base upon
the only, which went to immortalize its heroes. Sir
F.-Pellew, in making his report, dwelt forcibly upon
the zeal and gallantry of this officer, who fell in time
hour of victory; the officers abroad subscribed
50001. to raise • monument to his metnorj, and ho
was sure the liberality of the country would never
hisooldette by the exertions of a few individuals.
Gen. Maidens', in writing to the deceased officer's
father, represented the advantages gained to com-
merce, and to the nation, as brilliant and singular,
and said it most be gratifying to his friends to leitni
h lie was beloved amid admired. A letter
of Adiniral Tyler suggested the propriety rais-
Ng a usouument to Ns memory iu St. Petal's,
while a letter of another friend expressed his me-
lancholy sense of pleasure in recording his virtues
and his glorious achievements. He was aware tied
some Hoe. Gentlemen might dissent (Kell
the ttro-
lien he should submit-is-out from • different* of
opiniod on the merits of Capt. liardinge. but from
an adherence to the cold forms of office, lest pitblic
honour* should become too cheap. The Hon.
Member theii cited instances where similar honours
had been bestowed, amid concluded with inovirrg,
" That an bumble Address be presented to lii, Majesty,
that be would be pleased Were directions fur the erretion
of a monument in the Cathedral Cherth of St. Paul's, Lon-
doe, to fhe memory of Captain George Nicholas tbar-
dinge, for his emineut sersices in • short but glorious life,
who fell in an action in the Indian Seas, iu the month of
March, t sot, when the Piedmontaise, a ship of superior
force, was Caplntrd by the St. Floret's° ; and to assure His
May.sty test they would make good the same."
Mr. WINDHAM said, that if such merit were al-
ways to be so rewarded, the honour of national re-
wards would cease by the extent to which they
would be carried. He felt time tusk lie had im-
posed upon himself was ao ungraciout one.; but
mere merit did not constitute such a claim us was
now urged ; it should not only Ire connected with
success, but with extensive indiums, interest ; it
should be something which would put the Public
mind before the wishes of individuals. PIO one
could think of rewarding merit thus wherever it
should be found. A captain of a boat might strew
such gallantry, stud then the rewards would lie-
come so i4enerail, that the distinction would cerise,
and with it its honours. The rank or the officer,
lad the extent of the success, should be imam'
with merit to bring it within the custom of.the
country ; sod the House wutild consider whether, in
agreeing to this motion, they would not be
an injury were they iatenried a benefit—ln deliver-
ing Haire sentiments, "he trusted the Douse tircrull
not attribute it to want of feclm,,',„ but as originat-
ing only iu • sense of justice. and public duty.
I Lord eASTLEILLAOII felt that this question call-
ed fur the attemtion of the House, mud that they
atiould.draw a line of distinction which might aug-
meot othe best interests of the iouetry. • Such
honours were allowed to commandos of ships of
the line, and there was no case where individual
merit is more fairly brought to the test than when
ship is opposed to ship. He thought it would be
tit to ullow such butionrs to extend to cases where
death emitted in consequence of ettgiagemehts with
a imperior force where victory followed. If they
were to search their naval annuls, few concomi-
tant actions would he found ; the rewards must
therefore be very limited, and consequently they
could not deteriorate so lunch as they would emu-
late. Under these circumstances the lionise would
not be going beyond its limit, in supporting the
motion of his Hon. Friend ; orel coming from the
•Ailininilty, they might with safety presume they
could not injure the intereqs of the navy, and that
they might give due justice to the memory of the
• gallant cliieer. without breakiug down their esta-
blished p!inciples.
Mr. W11.114110110E arologiretl for trespassing
epos' Ilia time of the noose. but would detain
thew only tee or three talautmo. it was a plush's

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remark that %as pressed upon their attention that
they were likely to be overwhelmed with applicai-
bons for rewards, were they to record the heroism
of all officers of the rink and merit of Captain Ham,
tillage. lie was well informed that since the year
Mu, there were but three cases where comma:al-
ine officers fell, when opposed to superior force,
where victory followed. It was in the contempla-
tion °fan illusts ions statesman now no more, to have
recommended to Ills Majesty, the establishment of
a naval order of merit, in which sitlferent ranks
should be rewarded : he thought some such should
be proposed by His Majesty's luestitt Ministers.
It was but just a sort of immortality should be gi-
ven to those heroes who could nut be 11l any other
way rewanled. The navy was the glory and strength
of the sanitary, and it would be highly gratifying to
see rewards to the memory of heroes distributed
through the metropolis.
Mr. ADAM did not conceive the motion before
the Hawse to be contrary to its adopted principles.
1.. was fit to record such great merit, such dietin-
goished valour, because there was no other way of
rewarding it. Nothing was more essential to the
interests of the country, than to reward and to en-
courage gallantry in distant seas ; it ORS unpurtout
to our cominercial interests, Had Captain liar-
ditige lived, there would have been uo necessity
of calling upon the )louse, as lie roald have been
otherwise rewarded, but as lie lied fallen, he would
support the motion.
Mr. AiARRYAIT said, that incntinent* were of
value uuly iu proportion to their rarity, that they
should only be granted where great national ser-
vices had boric performed, sod thought it would
not be proper to bestow them on Captains of fri-
gates.
Mr. C. W. %VT Kee said, that none felt more
warmly than he did the services of the gallant Cap-
tain. but he could not agree with the' propriety of
thus distinguishimig hint. Other valiant men had
equally. distinguished themselves, although the
rapture of the vessel might not follow, who. were
equally entitled to public honours. The next
111111 g proposed would be a vote of thanks ; the
Clouse should not make light of its hououss: if the
monument was the only thing to he granted, its
value would be soon lost. Here the liouourable
Gentleman asked, whether the Committee ap-
pointed to superintend public monuments intend-
ed theirs to remain without iuscriptious, us he had
observed those were erected to the memory of
Hunt unit Harvey in Westminster Abbey. He
then said. that if any case could occur which
would justify much * proposition us that before the
Mouse, Captain flardinge was that. But from the
reasons he had urged, and fedi.% great objection
that the claim should be negatived, he would
move the previous question.
Mr. YORKE, in answer to the Gentleman,
said, that the monument's of Harvey and Hula
were erected before the appointment of the COllll-
- mittee; but, from arrangements which had been
made, he had no doubt the Hon. Member would
sonmi see such inscriptions as would meet his appro-
bation. As to the questiou before the limier, be
considered the await of Capt. liasslinge so conspi-
cuous, that he would give it his cordial support.
With respect to the order of naval merit, alluded
to by nit lion. Member (Mr. IVilberfore.), it had
been under the contemplation of his late Right
Hon. Friend, but when he died, it died ; lie hoped,
• however, that it would be anon taken up again.
Mr. COWMEN thought the House should agree
with the motion of time Right I loneurable Gentle-
man opposite, and that the House should rather go
hey I iW rules, under such glorious circum-
stances, than atop too shm.t.
Mr. W. &Ist' int said, that a Captain of a frigate
was as much a Post Captain as a Captain of a on
gets ship; and if a Captain chose to leave u line of'
battle ship to take the conisnand of it frigate. to
forward the public services, why should he lose his
reward ? The House ought not to he too scrupu-
lous in giving these bourns, there was no other
way of rewarding merit. He was sure it was not
a question of expense, but of honour, and hoped
this would be gireu in the taint honourable way.
Admiral MARKHAM lamentsd there had been
any apposition. He bore testimony to the gallan-
try of Captain Hard/lore, and said, there was this
great dietiuction in this case. that wbenever this
young man had beeu called upon, lie always dis-
tinguished himself, and it was for his general cha-
racter, as well us for his valour in the action in
which he fell, that this reward wits to be given.
Sir CHARLES POLE hoped there would not be a
dissenting voice upon the present occasion, lle
thought such gallantry should be recorded, and
mentioned the trite instructions Lard Nelson gave
to yours'{ offices ---" Victory or Westminster Hall"
(Abbey)—.l laugh.
Mr. R. %YARD. in explanation, said, that the
reason lie had hot brought the question forward
earlier was, that time official papers did not arrive
till Deceinber last.

Mr. WHITDRCAD hoped the House would not
go to st division ; although hr was as jealous us soy
man of snaking light of the iewa►da of Parliament,
NMI if the previous question was pressed, he should
vote against it.
The question fur the Address to His Maje Sty
VINII then put, and carriesil mist: l i ))) ons:v, and the
Address ordered to b.• presented to His Majesty.
DiVoItCES.
Lord PORI:IinITER, un pursuanee of his notice.
moved for the appointment of ■ committee to
search the Journals of the Hoitse of Lords, for any
proceirdsuigs iii the present Session of Parliament
relating to any standing orders on the subject of
divorces. The. Noble Lord stated, as die ground
of this motion, that the House naught know how far
its privileges and legislative functions had lawn en-
croached up ost by a late order of the other House,
which declared that no divorce bill should be re-
ceived by their Lordships, unless it contained a
dame prphibuting the guilty parties from marr-
ing. This, he thought, was unporilorisible cruelty,
and most onjust, as being contrary to the p eiplev
of divorce bills. It would therefore be wise for t:s is
House to adopt seine precautionary measure after
the standing order was laid before then,.
The CIhiNCELLOR of the EICIMQVU.R. opposed'
the motion, as he had heard no argument to in-
duce hinn to come to that crinchtsion stated by the
Noble Lord, It was merely a standing firths to
regulate the conduct of the House of Lords itself,
cud by no means fur site purpose of treaching ou

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the privileges of the noon of Corommia, sae to
emitioul their legislative power.
Mr. I'ONS4OI4ISIr begged to differ from the Right
Ilonoura!deUeutlemaii in his construction of this
standing Order, for he thought it applied to every
Divorce Bill that could be introduced, altliouo
originating in the House of Commons. It was
therefore an improper constraint uposi the power of
the Courinous to receive or reject any Bill of Di-
vorce. Would it tot be equally unreasonable, if
the House of Commons were to make a standing
Order, that on Bill of Inelosure should be passed
without stipulating diat a hundred acres should be
always kept in tillage? Nothing could be more
absurd than thus to attempt to introduce into pri-
vate Bills, mutter of private regulation. The
rtguiling Order in question was an attempt to force
that Ileum to legislate upon a st importani
subject, however disagreeable it might be to their
feelings. -
Mr. %VINOUS/4 thlinght that every thiug that had
been stated as argument against tlio motion, tend-
ed rather to support it, and gave them good grounds
to suspect the nature of that standing
agreeing to the appointment of a Coorm.ittees could
riot possibly be attended with any disadvantage nor
inconreinence, for to alt appearance at resew, the
initialing order interfered, in
,a instant' ilegiee,
with the proceedings of the House.
Mr. IlaTituasz argued against the motion, and
supported the principle of the StaudingOrder, as
there was, ill #ll4 001111011, nothing to prevent the
House of Continuos discussing the clause so intro-
diced, and even disagreeitig with their Lordships
iN any case they thunglit proper.
Mr. WILL//MS Wirtilsit sail, he would vote fsr
the inotioil, for whether be dimipproved of the
Order or nut, he thought this way the most proper
mode of having it fairly ascertained what its object
really was.
Su Samuel. Rout t.t.v mho supported the motion,
iii lie thought it was impossibly to put the true con- •
strurtioN open the order, unless they were to see
it. The stateditig order in question certaiuly seein-
e.: to imply, not only that the Divorce Bill should
b. received, hut that uo Bill should pass the [loose
of Lord*, without that claim prohibiting the par-
ties from marrying. It was the same sort of legis-
lative regulation Ili was introduced into the statute
of I leorge the First, for Naturalizing foreigners;
wherein they are declared to be in.:upside to be-
come of the Privy Council, a Meinher of Perlin-
niLia; or to.hold any office of trust. It was well
known that no Bill of that nature could be passed
without such a clause. 41 the House of Commons
declined complying with this standing order, a Bill
of Divorce might be exposed to the risk of being
thrown out alto6ether. It was a most unjustifiable
invasion of the privileges the House, and au at-
tempt to restrain the free exercise of their opinions,
and consequently the House must be greatly
obliged to the Noble Lord, for having brought the
matter before them.
After a few words from Mr. Hersey sbirru, Mr.
IlawaiNs Bitowtill, and Lord Pottclikarnit, the
House divided—
Against the Motion . 67
Forit

Majority against it
csa bILSLA lIOSPITA
Sir OkWALD NlosEtt:r observed, that the Right
Ronoucatile Gentlemas opposite (the Chancellor
of the ,Excbeqiter) tout formerly plated, that i.e
meant to use hot etitleasours to persuade Colonel '
Gordon to give up the land, irregularly granted to
hilt., at Chelsea. lle load since heard reports cir-
culated, thit Col. Guidon did out isli to com-
ply, and therefore he would he %Nil to know from
the. Right Hon. Gentleman himself Low fir lie had
succeeded in rectifying the abuse eoinl.lained oft
The CHANCELLOR of the EXCHEQUER answered,
that he did not recollect haring stated so as sal
now represented, but he had merely stated that lie
could make au applicatniii when the. Reports of the
ot bur surveyors were pronounced, iu order to effect
whatever was recommended. That application had
not yet been made, and therefore he could not say
any thing further upon that subject at present.