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London, England, 1820-07-12 00:00:00

"4- 4".,
it was Weil known lllitt contertslitins *Us Iti the
..
!palter', Cf constituents, were very common within
the walls of that House; *etch euoter"tioft were
likaly to have had a It d influence un • person of
the temperament of Sir M. 1,111101. who, in recut-
tog to the pracionets quesottow, eenalei sarecely he
constricted more guilty, but less ',rodent than
other*. There was one fact which he would stale,
that would have some weight. A year before it
had Nero proved lie • solicitor who had been
rxa-
muted, that I o,ot.vel. had been pont to prevent a
petition against a return for Grampneend r be-
rug pr0a......,ded Ill; to that (Orli larger .1111/ of money
it was pooh .1-1- that the punishment of Sir M. Lopez
might have lien avoided by him almigether. He
thooteht 1114( 1111 C year's ensprisomment, with the floe
already paid, would be punishment enough. This
prolownion would he sin impediment iu the way of
this grailitisl reform %shinty it was his *tall to pm.
mote. Exceosive pethoolosent for setelt,ollelice• us
that of Sir tU. Lopes was not calcellatted tu hosteler
that teforne. As to der opleatiou of the Hooter of
C'oromisetiorl, he wished, as far as reform was cub-
earned in it, to he determined by a mikler mode of
proceeding. Unfortunate''y he had been prevented
front following rip dist 'titration by the pressure of
ether business. The 13111 which he had introduced
would remain in the settle state, and be ready for
'lion to pursue it, from its then stage, in the next
SeS.lllll, 1.1 the tally part of which 1w proposed to
take it up agsi it. He concluded by moving
That ma humble Address slesahl be presented to bis Ms-
Jest'', humbly praying Stout he woodrl be graciously pleased
tu shorten the period of punishment of tar 31. Lopes, coo-
&morel to IWO years of imprisonment is Exeter naotos
suds time, moil wader such comities's)+, as to his Majesty
Omelet seem It.

111 r. W. WYNN knew that it was a most nn-
willing office to thwart the disposition of lenity
which the House might feel towards ally particular
offender. Every Gentleman must wish to .hew
mercy and forbearance, as far as justice would per-
twit ; but the case in point was not one in which, con-
sistently with hit duty. lie could allow the propri-
ety of interference by that (louse. Undoubtedly,
there might be cases in which the House might be
reisoonahly calkd on to advise the Crown in the ex-
ercise of its prerogative of mercy ; but if there
was any case in which the (louse ought to look to
the ends of justice with the molt unremitting lidr-
lity, it must hr that in which the character and
constitutiou of the House itself were concerned.
$n such eases the Holier could not interfere to pre-
vent puisithitient with any great degree of propri-
ety. They were, besides, to look at the particular
case. The House did not know exactly the parti-
culars of what had passed, nor the substairee of
the evidence given; but it was plans, from the Re-
port of the Committee, that great and extensive
bribery and corruption had been practised, and
epos' this the House had 'required judgment to he
passed upon the offender. The Court did not look
at the circumstances winch were supposed Jo non-
gate the offence. The facts of the case were
before them, and as the Judges were not in-
terested directly is' the decision, they toast invite
decided impartially. lie could not, after this,
agree in the propriety of adikessing the Crown
to set aside such a judgment, especially whet, he
considered the oath which the Monarch took,
to enforce justice and remember mercy. It was
no ordinary case of crime; it was nut like the
case of airy Member of that Rowe, who was likely
to be heated by patty interests, and thereby be
hurried into an offence which, in cooler moments,
he would regret. But here was* person delrberase-
ly sitting down to bribe constituents, to secure or
transfer seats, nut for the promotion of Its own oin
jams, hut from the mere desire of gain. Ile had
the snore objection to interfere between justice sod
its victim, become be thought lie perceived a ten-
dettey the proceeding• of that (fume to airframe
functions whit!' it had no capability of discharging.
arid to interfere, Oft varionv ticca.sons, with Ilse
ditties of almost every branch of the Execuntr, to
meddle wills powers whioli were better and far Inure
safely intrusted to the Crown. Such a prartire
must lead to great inconvenience, and therefore he fI
objected to the motion.
A Member on the Ministerial ride said, that Mr.
Swann, who mos setiteueed at time Faroe tiine with Sir
M. Lopes, was suffering severe indisposoloo. Hr
approved of the motion, and wished it to include
Mr. Swann.

Lord CASTLERIAGNI said he was not quite sore,
bet he believed that way the gni cow in *lnch that
Hesse bad attempted to interfere with the admiiiis-
tration of justice after sentence had been parsed.
U perfectly understood, and rightly appreciated
the.matives of the Noble Lord. its undertaking to
bring this *object forawd. it struck him, how.
eves, that it would be much better is, leave the ease
with that branch of the state from whirls the (01'-
814%0km had its origin, that poster which (sushi be
!towed with least jealvuoy in theeserei.eo the 'ugh
fenetionof tempertogjudguseut withmerey ;. it %mild
much better he with the Crown and its responsible
adviser', sane Would it do lot theirs hi he bie.sell in the
discharge of their duties. Ile admitted the effect
which circumstances such as had been llV.vi abed,
of old age end sicknes,, .very likely In have on the
feelings of Members; yet they were to consider
that the cam was one of ronsurlfiuble aggravation.
And could it he couceiecul that the prerogative of
mercy could he worse placed than in their heads.
who were coiled ou to judge, and who had in this
instance colic() the Alward ol judgment. Let it he
remarked, besides. In what inconvenience the pries
Site was likely to lead. One application hail &ferrety
aralled forth soother, an that in future it would be
considered in the light of a personal refiect on
the perpetrate,' of such nu nti7fiice, if lie trot
be elite to find some nor to iiiteilcre, and iii..veot
:his miltirring the *bole of his 1 stionent. Ile re.
peatrd his conviction of the propriety of kariiit.: the
exercise of mercy with the sower Iwo fitted to nee
it with prudence, gravity. irtipitHrlity, and bums.
oily. lie thought it the VIA question in which Hie
House could properly interfeie, lie frosted the
Noble Lord would feel that lie load disclairged his
duty by bringing the subject halyard. Perhaps
he would be the noire inclined to do sir if assort-if
(oat his motion, so far sr it had gone, would not
operate li, the frustration of his urin is, in the eveiet
of the cave brine reconteidered by the Crocus. 'file
behaviour of l'arliaineist, as frr as the question went,
be might admit to he justifiable, and such as was tout
likely to injure the reuse of the party whose benefit
was sought ; hot to proceed further would heir,
attempt an alteration of the mow; valuable part of

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the Conititution. are hoped that the Noble
would withdraw his motor'''. Every one would hr
convinced that he had faithfully dischiirgerl
duty, and that his endeavours were not likely In he
ineffectual, nor the eturession which they had
called forth front the Hesse .avyrlookod, if the
Crown should be induced to reconsider the ease, the
sit•ertrity for which, however, as a matter of justice,
he by no means admitted; turd *Vold not ander.
take to insure each an event.
Sir T. ACLAND felt a desire to establish sr,
inference, that whatever became of the risotto!),
Crown *nubd be rendered More free by the
Pion flu it to ettelei.e live irreroptilive of mtge..
Ile could not confound •an ititerferent:e ..
•
Home, in u case like the present, *nth trie ram.
interference in cases of trivial anal ordinary evimo,
wherein to shear a disposition for interfering wou;ri
be a matter of real danger to the consist uttnn. 1,
the fors-sent case the House lord mirk Astir tit.
proseeutor—(" /Vs, nee")—av far, at least, es ow
judgment went. are hoped that the punislini-itt
%%mild tend to put an end to ouch detestehle war.
tiers. But hr could not see why the Hinge risonh:
be prevented from interfering to this ease any on .
than any other prosecutor. Circusenoanc,s
minty the piseinshosent iniuswally severe; the orfrev-,
to its nature, was a matter of common Colllrrresti.l,l
Ili the House and throughout the country. Ili,.
duubtedly the Court had acted right not an_
tieing any circumstances offered in iodhstiost; hear
it was tint to be disguiried that the punish'',.-"t
bore with uneril,el severity on the prptrus
The end of punishment was example, awl peth,.:
enough had been suffered for the aittiortirnent of ilia:
Obircl.
Mr. Gylltla 111 thought the case of Mr. Sitien
hairier than that of Sir M. Lopez. He had pot in
a Petittnn, praying that his own counsel might wit
he called to prove avails, him, whii•lt *ft relayed,
Adverting to v 000 e part of tier charge again* that
Gentleman, the precise p-erticulan olr WhiOlf Vp
were prevented Irons gathering, he said Owl he
would be glad to know who, of all the Illuseskers
of that House, would dm* to ask for plytlowtst of ‘,
OD/. bill due to him on the eve of on ertittinir.
Irregularities had been committed in the borough,
by his agents, fur which Mv. 4MOIIIII could nut t„.•
fairly answerable, us he could nut bare prev.!ul.4
them. He concurred in the mutitin of the Noli!e
Lord.

J. YNtxg concurred with• his Noble Friend,
the Serf.'lary lot Foreign Affairs, Willi, Ill', shoisid
gu to Hilts...ion, would certainly have Ins rote- Ne
remarked, that the case of Mr. Swann was rertainhe
the hardest. It appeared that 4. goose had
made of one and yeas of the ralwr ;" for Mr.
Swanes'i case would be found light as a goose
the, compured with that of Sir M. bpi z.
A Member under the gallery, on the Ministerial
side... Aid that Mr. Swami hurl two children at deaths
door, upon whom lie was triesparnsted, by his im-
prisonment, from bestowing his attention in so
critical atun►e. He would support the motion.
Mr. Bitraost.t, said. that Sir M. Lopez was over..
whelined with domestic affliction, which, with hue
confinensent, had made a deep and dangeroirs
passion on his health and toostitut 11111 l and hied
brought bun nearer to the grave !lints evert his ad-
s•aneed time of life. As the end of ponisfinnent
was said to be example, lie trusted thst the Hruise
would feel th It enough. had been oluoined by the
confinement of a man of rank and property in a
common gaol. Ile hoped that merry would be
eatendtd to persons so circumstanced, and labour-
ing besides under age and adlictiou. Irrrhrps, the
fullest meaaare of jostme would be obtained b_• the
interference of compassion in the present case.

Mr. A BERCROUST Wi.beft the matter to be F.-ft
with the Crown and its. responsible advisers. He
would vote against the motion, for winch lie could
pee no ground*. A plea had been set op that the
offence was common. lit did not Agree in the pro.
priety of it ; but if it had weight it should hie-
been considered before the House proceeded to cal!
upon the Courts of Justice to pronounce judgeneot
It was not cutioistent after that tor tlism to toter-
fere with the sentence, and 64V that it ell I,t
Hot Ire eXecuteri. Ilis Noble Friend had refinieti
to impeach the judgment, but his argtentent
was Ilulhilig bat an impeachment of the 0.14-
meta ; and, indeed, the swill! 17111%t be admitted
with respect to oily (pinion which went to seek ao
alteration of the judgment. It Premed to but:.
that it would be an act of extreme insproprieer
in the House to interpose, becinse no lac:
hail been offered which was not homer) before.
There was, beside', this material consideration—
there was, on such iirosecutions, nothing of willing.
nest', either to the Crown or the Judger. to pr.--
ores-si. It was generally conceived, that Isrosecationa
ordered by that House were eases in which thete
was obvious reluctance ui other platters ra ireoireeri
against the off-rice. If such were the geveraf chip-
racer of the eases, II Could 111.5 be fivourable to the
interests of justice for the Ilatise to thwart the istro.•
mon of the JuilAes in atf till; submitted to them by
the House. The whole argument resolved itself ittbs
• etimplatot of the.secerity of the trout re. lie
witsited the House so remember the coulphpet whirls
war made respecting the cares of Idol, at a p-rivid
when prosecutiows were isCrumithtliti.-4 In is fright-
ful amount; red yet for years and years no word
of imerfevetwe had been attempted by the Howe.
He begged pardon, one Member had ventort rt
word. it mum be well renientbered bow ruuglily
114 r. Whitbread had been treated for iiiigLtestiniz,
that it was possible to bring judgments (.1 ihr :c-
-hivies Courts before the House. Thar, which wins
a bare hint, was repelled with indignation. He
would vote against the MuINNA.
Mr. Mums; LOW 11154111111'0Vell of Interfering with
the prerogatives of the Crown; though he felt how
much pity was doe to the case he wmild•uppose
the motion.
Mr. CAN NINt: said, that lie should feel extremely
sorry if the minim' were pressed to a derision, be-
cause, if negatived, it might throw an itripettitiseut
iti the way of granting what was sought risen hi Ir
if carried, the motion would involve the Hons.. 11l
consequences and discussions of au injunuu, irii.
(ooey. If any difficulty bad existed till onntber
quarter, as to extending the attribute of merry
this ease, for want of areertataing the sense of the '
House, those impressions must be entirely removed
by what had taken place already. and those im-
pressions bring .reinoved, the Noble Lord would,
perhaps, feel that. hr had dime 'sough by his
opinion. All impediments which aught have rl