The British Press; or, Morning Literary Advertiser.
London, England, 1825-06-25 00:00:00

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sliemetion in a ease of private property ; that there was no pretence
See imputing to him that he had acted under any other feelings 61st
thee which should' actuate a Magiatrere in the dbicharge of his
duty. which was, nut to invade the liberty of the subject, by grant.,
sng • warrant of search unless he entertained a reasonable con:lattice
that the charge was true.
The Learned Counsel having concluded,
The CHAIRMAN inquired whether i; was intentle2 to produce
any waren on behalf of ell.. Kenrick.
'The Counsel replied, that it was not intended.
The CHAIRMAN ask :d whether Mr. li.lland (with whom was
Mr. Cierney) wished to offer any observation• to the Committee.
Mr. Bollend said, that after the statement made by his Learned
Friend, he did not deem it necessary to add anything.
Compel were then ordered to withdraw.
A MEMBER., whose name we did not learn, said, that he lives
it the neighbourhood where the occurrences detai'ed to the Com-
mittee- had taken place. and he wag ready to offer the same tree
timpay to Mr. Kenrick's character as had been done on a former
eocaltion by an Honourable Member for Surrey (Mr. Deniaona
Mr. Kenrick was a man much esteemed its private life. Ht under-
*toed also that Bele was an honest and upright man. (Hear.)
Velem there was strong evidence, he would not believe that such an
individual could be guilty of the crime he was charged with. As
to 31r. Nash (whose name was mentioned), he war a most teepee,-
*Ws farmer, touch shove the common tarnter, and one to whom
disputes were frequently referral, to keep the parties out of the
Seems of Law.
Mr. Secretary CANNING was desirous to knots what course die
Honourable and Learned Gentleman opposite now meant to put.-
ace ace! Thaspe.ech of Counsel was evanescent, and could not be re-
corded, so that the Committee had sat for nothing, unless some ape.
edie motion should be made.
51r. DEN3IA N said, that as soon as the Houle resumed, be
meant to move that the evidence should be punted.
Mr. Secretary CANNING thought this would not do justice to
the parties; it wield only add to the mass of accusation against
Mr. Kenrick. There could tie no objection to come to a verdict to
the case ; lie felt no hesitation upon it (hear, hear); and if the
Honourable Meethee did not make eerie specific motion on the
subiect, lie (Mr. Caning) would canaider it his duty.
Mr. DEN 31A eJ .aid, he had no objection to a verdict; but he
eleatiM object to tweeter it taken at present (hear, hear), es several
:Members had left the Howse. The course he meant to pursue was
according ro the ordinary practice. He saw nothing hi that
case of Mr. Kenrick to distinguish it from any other of •
',miler cast, than his haring been hcard by Counsel at the Bar
of that House. It was new to hint to Ire told that substantial
justice could not be rendered if the evidence went forth to
tie public, unless it were accompanied by the speech made at that
Dar by his Counsel. The evidence was permanent, and the speech
WlAewaneice n. hence the ieference drawn, that justice could not
be rendered. Any Member might form his opinion upon the evi-
dence as it stood, and give his vote accordingly. The speech, it
was contended, was most essential to justice; but he would ask,
was it not likely that other speeches would be made for and against
the Magistrate whose conduct was under their consideration, which
would be likely to effect the question at bane, and was it imagined
that them were not necessary to a just decision of the question ?
Could it be star a moment doubted that Honourable 51embers
would make speeches on the subject in discussion which, if taken
collectively; insight be coesitiesed tit material as any thing which
fell from the Learned Counsel ? Ife confessed he was taken by
surprise iii fiorling that no evidence was called on the other aide,
when it was, beyond a question, that abundant evidence ass so
completely within the reach of the Committee. lie confessed that.
to his mind, the course which appeared about ti be pursued seemed
without a precedent: and until such a preeelent could be shown he
should feel bound to retain the opinion which he thee entertained.
lie ahauld like to know from the Right Hon. Gentleman oppo•
mite, end no one was better qualified than he was to afford that in
formation, whether, from authority or otherwise, there existed any
emimple in which evidence was rehired to he given to Members, on
the ground that the speech on behalf of the accused could not he
given likewise ? —The one bong permanent. and capable of record,
anti the other evanescent. gad not capable of a permanent existence.
This was sr argument which he conceived to be as weak as it wan
novel. With these few observations he would mutate to the House h
intention to move, that toe Chairman Amid then leave the Chen.
and report progress; previously, hos ever, moving. dust the eve.
(knee should be printed.
Me. heceetary PEEL considered that the speech of the Hon.
Member was entirely beside •he question—altogether clear of the
real issue on which the House was called upon to decide. But
though he avoided the real question, he set out with a real fallacy.
He said that he had brought agrieist Mr. Kenrick what on that
side it was wished he should do—whet from that side he had been
✓tquemed to do—namely. to bring a charge against Mr. Kenrick;
but how had he maintained that Baser ion ? Simply by saying.
that the petition presented to the House on the subject was in
itself a charge. Tha• he conceived was a mat palpable fallacy—a
position utterly /devoid of fettniletioe. In such a view of the sub.
j et he could not but repeat his complaint, that no distinct and ape-
cific charge !tad been made out agahast Mr. Kenrick, and he thought
there was evety right to complaist that such had not been done. He
thought, too, that it was of great importance that they should that
night come to a decision, and not Teske any postponement whatever.
In the 1611 perewasiem abet the Committee should speedily come to
a decision, he was prepared to move • Resolution to the effece
that the House. having Nerd the evidence which had been adduced
against Mr. Kenrick, and the speech of Commie' on his behalf,
were of opinion that it was net necessary to proceed further. This
SIRS what he was prepared to do if the whole matter were allowed to
rest as it then stood; but, on the other hand, if the Honourable
and Learned Member fie Nottingham would rise in his place and
say that he had any further evidence to bring before the Committee,
he (Mr Peel) foe one. was willihg ao accede to such postponment
as might seem necessary, otherwise he should feel it his ditty to
meta a Resolution in substance the same as he had stated to
the Committee. But for the reaeoes which he had laid before the
Committee, he felt it impossibie to avoid entering his protest
in the name of the man against whom abundance of tome accuse.
hone had been made, but against whom no definitive charge had
been brought forward.
Mr. A BERCROM BY must say, that if the Committee were
desirous that their judgment should give satisfaction to the parties
and the public, they could not follow any course worse calculated
to produce that effect than the time remnitnerdcd by the Right
Ho:mumble Gentleman opposite. He thought the Committee
should then report pr grey., should ask leave to si: again. and
there sbould be an order passed for the printing of the evidence.
When he considered the constitution of that Committee, he could
not believe it wise or expedient to depart from established miage. If
the argument of the Honourable Gentleman were carried to an ex-
treme, it could not but lead to consequences, which probably he
himself did not foresee, and which, assuredly, the Committee would
not be disposed to sanction.
Mr. Secretary CANNING was decidedly against the Committee
dissolving itself without coming to sonic precise and seeeltic con-
clusion—ratithout coming to some vote calculated to put a satis-
factory termination to the inquiry. If the Honourable and Learned
Gentleman opposite (Mr. Denman) did not come forward to the
Cometittee ash some proposition on which it amid come to a vote,
he would himself not hesitate to submit to the consideration of the
Committee, a resolution, such as to his apprehension it became
them to peas. He ( Mr. Canning) had no wish to interfere. He
would leave the matter altogether in the hands of the Houteirable
and Learned Gentleman himself, if he were then given to under-
stand that so soon as the evidence should be printed, such a resolu-
tion as he had suggested, should be submitted to the Committee.
He wished not to be mistaken—he had no desire to take the matter
out of the hands of the Honourable and Learned Getalentan, pro.
titled he had reason to expect that it would be brought to that issue
which, in his judgment, the necessity of the case seemed to require.
There existed no indisposition to meet the case, either to-morrow
(this day) or on Monday.
Mr. DEN'IIAN said, that his intention was to more, in the first
instance, that the evidence should be printed. He did not mean in
she Committee to proceed any further ; and that when they had
reported, and obtained leave to sit again, they would be better
judges of the course which ought to be pursued. He heartily re.
coined at the course which had been taken, and at the temper which
seemed to prevail in the Committee. Oa the idea of sheeting to-
morrow (this day), he had only to observe. that the best reason foe
printing the evidence would cease to operate. if they were so anon
called ueon to come to a decision after the evidence should have
come into the hands of Members; indeed, he very much doubted
whether the evidence could even be printed within the time men-
tioned ; much less read, considered, and judged of by Members of
that House. It would be to no purpose that the evidence were
printed, unless it were in the hands of Members, and also unless it
were in their hands long enough to admit of their forming on it a
sound and deliberate judgment. For these reasons, then, he
though; the Committee would agree with him, that the better course
would be, nut to make arrangements for coraing to any decision,
either that night or on the morrow, but rather to let the whole mat-
ter stand over until Monday at the earliest.
The SPEAKER then rose from the Treasury Bench, and ad-
dressed the Chairman of the Committee, saying, that he did not
mean to make any observations on the suggestions thrown out re-
specting a resolution—at least on the substance of those suggestions.
Ile merely wished to make one or two observations on the form of
tee proceeding. It was perfectly true, that the House having gone
to a certain extent, it resolved itself into a Committee, and pro-
ceeded to hear evidence; and though the whole subject 'matter of
the inquiry had been referred to the Committee, it could only make
a report on what came before them—they could only report on such
evidence as had been laid before them ; and even though that evi-
dence had been merely confined to that which was of a cri-
minatory character, it was still the business of the Committee to
give its opinion thereon, and to lay before the House a resolution of
sonic description or other. He could not help expressing to the
Comruittee his strong impression, that so to come to a decision war
absolutely incumbent upon the Committee. These observations of
his did not appear to his mind to affect, in the slightest degree, the
question—whether the House should meet on the morrow or not:
sue whether the question should be deferred to Monday or to a more
distant period. Those points he did not mean to argue, or indeed
to discuss the substance of the question in any respect, but merely
as the form in which the Committee might dispose of it. As to
the printing of the evidence, he could undertake that it should be
printed and ready tor delivery as early as might be required.
Whether io-inorrow or Monday might be fixed, he could undertake
that the evidence would be in the hands of Members.
Mr. Secretary PEEL repeated that he thought the courae most'
consistent with justice and the usages of the House would be, to
pass the resolution, the outline of which he had previously describ-
ed, I tamely, that the Committee had nut seen enough to justify any
further proceedings—that they had suflieient evidence laid before
them topic ify the strong measure of puttlt,g Mr. Kenrick on his
trial ; and that, having beard all the eye let:cc which had been ad-
(Need spinet him, they came to the conclusion that that evidence

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