The National Register.
London, England, 1818-02-01 00:00:00

Tilungn AY.

lIABEI.S CORPUS SUiPENSION REPEAL BILL. 1
A Message was received from the House of Lords, elating
the passing of the Art to repeal the Act for the Suspension
of the Habeas Carpus Act.
The CHANCELLOR of the Exenr.Quett moved the first
readirg of the bill. He As i-hed to defer particular observe-
tone to another stage of the proceeditets.
'lke bill was read a first time, and on the motion for the
second reading, a short eonversatiun took place. Sir W.
Burroughs, the I liancellor of the Exchequer, and Mr. Tier-
ney made some observations in an inaudible tone of voice.
'the Chancellor the Exchequei then observed, that be ap-
p. eliended some connuntlication would he made to Par'HlM ut
on the subject of the internal state of the country on Alan
day-.
The Bill was then read a second time. It was then ordered
to be conituitted ; and on tile question for the Speaker's
leaving the chair,
Lon?) Foteisinee rune and said, he was rather surprised,
e ensidering the tine when he entered the House, that this
11.11,as a matter of public business, had proceeded so tar, as
it was not exactly s•onformehle to the usual practice. It
might appear as if there was a kind of fear of discussion or
opposition to ii. Ile could not think that the bare repeal of
the Habeas Corpus Suspension Art was enouele Something
appeared to he due to those persons who had suffered by ap.
prehension and confinement.
The SPEAKER pia t:.e q estion again; and, after a few
worth from :Mr. 'Tierney and the Attorney General,
Lord CASTLEREAGH, after SOilie observations on the prin-
ciple of the Suspension Act, observed, that the present bill let
its repeal Mal fur its object to restore the law to its natural
and usual ermrse of operation; and that any applications
:night now be made to the Cultists in the reettlar way.
BROEGIiA•I observed, that tht.Stispension Bill took away
an important safeguard to the Itlosrty of the subject. It de.
priced him of a legal remedy. The detainers 'multi say to
the deemed, we can keep you till the Ist of March, or you
may go out upon our conditions ; you 'shell pay a hundred
pounds, or go down on your knees and beg pardon, or enter
into reeoguicastees to appeal* on first flay of term, and so
en, Was that the hums:these result of the Act? 131,1 the.
A( t give such power to Nlagistrates ? He had understood
that iii line or t s‘o cases the alternative offered to the detained
lied been rejected ; and there was a case which would, he
beiie% tel. shortly come under their notice, conce • g the
cote:vet of a eel lain Justice in London towards three
vidnals •-
'fh.• Sou( floe-GEN Elle 1. said, that supposing no act for
thepentllliC the Habeas Cello's Act had been passed, woold
not the seetetary of state have possessed the same powers in
rases of apprehension or committal for treamur ? The Act
iliti not, iu such respects, confer !lest pilWeti oil lime Seetelary
of state. Tile Act was not passed to tliabit` to I'oll 111 l it,
but only pr: vented the prii,ilci.es of the Habeas Corpus Act.
Sir 11'. Befit:in ittlA a reed that the Act did not confer new
powers to centime But the Seri etatA of !ii:ate had [bought
lit of his 'own anteint its, 1,1;111111'N a V.11(1.0.11110 the release of
perom, upprehencl il and %%Melo it did not appear
that he had a It•eal pots et to do. Ile could not agree with
what Appeared to be the opinions of the Attorney Gene-
ral, as to the pen era of the seeretary of Stale. He {twee
no powers to that extent, except in the Cuurt of King's
Mr. Loran SRT aereeil, to a certain extent, with the So-
'miter liveeral, that the questieu as to the recognizant-es (lid
not flow from the Sitsneission .‘et, but might be considered
Is a question at common law.
Sir SAMUEL RoMILLy continent.ed by observing. that the
Bi.l which they w, lt!. now called upon to repeal, was origi •
• alto ether tnicalled for, and seemed to him to hove
been intended as an eeperino tit upon the patience of the
country. 'the country had existed now near 11 months under
the tyranny of this tireadrul saatille • if still had the misfor.
time to exist under this etatote, and the exercise of the ar-
bitrary powers ennferred by it had continued till within a few
days. II appeareu that slice the month of June last, there
existed oat a shade of api etext for its continuance ; sines
that period tiers had been no instil recites), no appearance of
d.saffection ;at least out such as came hetet* the public
eotiee ; and had nut such spirit existed, their was •en little
doubt but we should bate heard of it, ns there appeared in a
certain quarter an extraordinary alacrity in die ulgieg plots
tad conspirateee. Let it be rental ked, amid the remark was
well w 1 thy et attention, that it war in the month of June
that the comlnet of certain entirsaries of Government were
exeosed ; limn that time we have ceased to hear of the
tanveytteuts I.! roe discontented—of riots and instil sections.
(H. are hoist. heals.)
It. rut. /tar said it was the prect ice of the other side
settle hens/ m rrpie.rnt this measure a• se.ttnq its supporter/1
in .irrlt 40111131 the people ; but this wer uncandel and sin-
jii.t. It WAS 1111 l ARaiust the people that they were tin oished
willt this discretion; but egeinst the deluded part ot the
pe..ple, and (et the benefit of the public at large. It had
been .sseested, roe with great confidence, that'll the mischief
which eatt occurred hail its origin in the artful machinations
of a el atoll) itrhvidual,whose 111111 P had form. rte. been
mention' (11 in that 11,,u.e, lie lath hi asserting
in 00.. so 'ten to .1:1 Iles el toutur, Hist that initivideel had
doer ineestinse w hates er : that en the routiary lie had
d.eie st that his lia.l fee uuti•teliaries at
witch Eased .$11sootbet;11 present,
for sourly t.• mold att“eb ,IC.
clarations of no Ham ds iteot Het i5..1.1. s that they erre
filly shavesed l; their own Its' lvha tlialtitielltl. It ha.

THE NATIONAL ftr6ISTER.

been stated that Government ceased to employ spies in the
mend' of June, and that fi utr that period the country re-
mained tranquil : hut the real muse of tbis tranquillity was to
be found,rather in the SRN:ensue of the Habeas Corpus, and
the salutary apprehensions of tie trial which was then hanging
over the dt-atierted.

After a fevrv;Wrils from Mr Tierney, the House resolved
itself into Committe of the wkole house-

In a fewminutesthe Iriouseresumed and the qnestion was
put that the Bill be read a OW time.
Lord FOLKSTON'S then prolused a clause to the following
effect:—that all persons bound by recognizance' under the
Suspension Act, be lienceforti completely discharged from
these recognisance', but tha. this clause should not apply to
any other recognisance'.
Lord CASTLEREAGH observed that the dense proposed by
the Noble Lord placed the Hoist in an extremely awkwaid
situation. In such a ease the house would actually be legis•
lating on a subject the legend/ of which remained to be dis•
csiwied in a Court of Justice. _ _ .

Mr. TIED n ET observed, thatsome of those poor nnfortnnate
men had been more than 12 months in continment, &ring
which their families were left unprotected and starving. It
was therefore a question nut so much of justice as of hu-
manity.
The ATTORHEY GiNIIRAL was far from enpposing the
recugnizances illegal. God forbid he should defend any
illegal Act. Suppose that these men, instead of being dis-
charged, were still in prison, ronlol the Noble Lord propose
a clause for their release in such a case Ile knew lie could
not. All the effect the repeal could have in such a CAMP,
was to leave them to the common operation of the Habeas
Corpus Act, us if the Suspension bad never taken place.
Mr. BROUGHAM said, that the clause proposed appeared to
him a necessary part of the Bill, in order• to do away with
the Suspensiou. He said the King's Bench had the right to
try the legality of these reeogni2ances. But when applied to
they would say, " We mail give no relief, as you entered
volontarliy into these recognizanect."
The SOLICITOR GENERAL observed, that the Learned
Gentleman bad now placed the argument on the ground that
the rccognizanees were voluntarily entered into, and that,
therefore, the Court of Bench would refine redress.
On this point, he was ready to join issue with him, and would
assert, without fear of contradiction, that the Court of King's
Bench would nut redress on such a ground.
Lord FOLKSTON& 1 OSP to say, that in order to save trouble,
he wouldwithdraw the clause, It the Attorues.Gentral would
state that he was ready to move the Court of King's Bench, to
have all the reeognizauces discharged ; but if the Attorney
General only meant to gise iii 9 05511 1111SIIIIIIIre that the reeog-
uizances would not be noted upon, he should feel himself
compclied•to press the clamor.
The Arrows el.-GENF:It 41 Said, the nature of the ease had
been misunderstood, if it was supposed that the persous in
question had entered into recot;niraoc(s for tbrir geed
be-
haviour. Their recognizances were only f.r their appearance
in Court to answer toy charge that might be instituted
against them.
Lord FOLKSLONE. withdrew the proposed clause. The Bill
was read a third time, and passel.

GRIEVANCES ENDURED r\ DER THE stsPENSION
'OF THE HABEAS CORIVs.

Lord rot.to.rox pro•ented a petition from Francis SVtrd,
lace makti• in Nottingham. it, ottitet was to cnmplaiu, not
of the Suspension but of the ticatincnt the petitioner had
experienced aII li the prayer of whirl' elute:nod the coffin-
deratioti of the house to the inirdsl4s the petitioner had
endured.

Lord Fni.K.FATON presented another petition on the very
same subject. Yt was from several inhabitants of Nottingham,
who stated Francis 11'ard to lie an itoliodrions, sober, hard-
workillg 111411, very respectable at cot ding to his satiatitto iu
life, and by no means disposed to enter Otto any schemes
loo,tile to the Government. or injurious to the peace:lnd good
order of society. Ilk Lordship then gave notice that he o unl,l
ens lick day setimight inns c tut a committee to !moire. into the
subjeet of the petition.
Lord 1. II ‘IIII.T3N, in _icing notice that lie w-ould en the
I of February move for the ploillietion of papers coutieeted
%%Oh the retoiin of Seidel' borougi:, begged that the liutisc
would not he :%Lu•nttd at the word " refoi at," foe it was not in
this ease nercessarily connect( it .rich the ;clone of the House.
Ile gave notice that MI the Uth he should move for the pro.
diction of the papers in the possession of Gas eminent resl:et•t-
ing the borough of Aluutro•e, in which the work of reform
had first appealed.
Lord (t ts•rt.t.n cum, not being eiiiiversa:.t r..th the sub.
jeet, could nut say %%nether the papers 'tient:oiled could be
ptiotto e el.
Mr. lltt,N NET presented a petition from the !latish of St.
Andrea•, Milburn, agairod enipto ing boys.
Mr. V. FITL(SER.II.I) uhfa ued leave' to bring i❑ a BM for sue-
lovable the operation of the Irish Grand Jury Pre.ietittatint
Act of last session till the next session ut Parii4lllel.l.

Mr. GRENFELL entiviired of the Chatteeiloi of the Exchequer
whether the Batik of England intended to rcstune its cash
paynteuts on the 5111 July next, as theft by law.

The CIIINCILLLOR of the ExcircQuxn could assure the
HUllhe, that he had the satisfaction of knowing, that the Bank
had made ample preparations fur resuming its payments iii
rash at the period fixed by Parliament. lle could at the 54111 e
time add, that he knew of nothing either in the internal stale
of the ennui ry, or in its political relations with foreign pow cis
which %%wild render it expedient to continue the restriction
beyond that period. It was well known, however, that
financial measures and pecuniary arrangements were hi a
course of preeceiling amongst foreign pow ers, of such a nature
as might, by possibil:ty, make it a question fur the consideration
of Parliament, whether the restriction ought to be further
continued whilst the immediate effects of such arrangements
should be in operation.

The SPEAKER informer! the House, that he had received a
kilt.' from the Marquis of Hastings, dated the Mho! February,
acknowledging the letter of the late Speaker, which conveyed
to min the tisanks of that House, tor his successful administra-
lion of the Nepatil War. The Noble AlArytis disclaimed
every pretcntiou to so exalted an Immure, except an earnest
anxiety to maintain the British interests in India, and uphold
those military trophies which had seen previously acquired
by his countrymen in that distant quarter of the empire. He
could not fail, how ever, to recognize in the vote of the House
Opt !thetal policy which always induced them to favour with
their approbation the indications of any zeal, however linen.
hie. 11c should carefully transmit the thanks Of the House to
General Ouchh tlony, and the other office's engaged in the
Nepalil M ar, who, altbo•tgh they could not set set a great. i
than himself, would nodontotedly estimate at a proper value,
the ►eward conferred upon their eke, tiow.
Adjourned till Saturday.

FEB. 1.

SUSPENSION of Me HABEAS CORPUS ACT.

COURT OF XING'S BENCH, SATURDAY, haf.24.

About three o'clock Lord Elleuborough intimated that he
bad been informed that there were same persons in Court de.
sirous of making motions ; if so, he would hear them then.
A man of decent appearance, dressed in black, with his
hair powdered, then rose, and said he bad a motion to make.
He was not prepared yesterday. He had not money enough
to throw away ten pounds in employing others to represent
i►is i►►terests. He wrote to Lord Sidn►ontb, to consult him
how he was to act ; but his Lordship dec!ined an interview
with him. He had applied to his Lordship (Filenborough)
with the same view, but his Lordship had said, that he was
not a counsellor; that it was not his duty to give advice, but
to sit as a judge. limier these circumstances, he had again
to present himself to their Lordships notice.
Lord Ellenhorough.—We cannot listen to the interlocutory
speeches from every individual who may think proper to ad.
dress us. What is the motion you have to snake
The person in question. —My Lord, I beg leave to move,
either that I may be discharged from the recognizances into
which I have been forced to enter, or that I may be brought
to trial forthwith. _ _

Lord Llienhorough.—On what ground do you move to have
your recognizanees discharged?
[the Attorney General at this moment entered the Court.]
lord Ellenborough now asked the name of the persoa who
addressed him.
The matt answered, John Johnson.

Lord Llienhorough.—ls there auy recognizance of John
Johnson before the Court? _ _

...
Mr. Dealtry, Clerk of the Crown Office, looked among his
papers, and answered in the affirmative.
Lord Ellenhorough.—head the recognizance.
Mr. Dealtry then read the recognizance, which was taken
before E. T. Lyon, Esq. at the Castle of Exeter, and bound
the.delenilatir, John Johnson, under a penalty of 1001. to ap-
pear in his Majesty's Court of King's Bench ou the first day of
the present term, to answer all and every thing which might
bc alleged against him, and there to attend I.IOIU day to day
until discharged.
Lard lillettborongh.—Now a hat have you to object to this
recognizance?
Mr. 3011(1%011.—T wish to state the circumstances ander
which my imps isommeet took place. I have prepared an af-
fidavit on the subject, wisicli I am desirous your Lordship
should hear read. .

Lord L'llenborosigh.—T yesterday explained that there was
no occasion for the patties under recognizance to attend till
(lather called nn. . .

Mr. Johnson.-1 call on yon to read 'in.-case; which is stated
in the affidavit i hold in my hand.
Lord Lllevikurinigh.—What object is to be derived from
hearing the affidavit?
Johnson.—The ohjoct which I have in view is to hate
my ivcognizances cancelled, or to be brought to trial as booa •
as convenient. Ido not menu to be impuitimate.
L'ird Eltriaborough.—lt must appear that we have a right
:o cancel vurr recognizance heft,' e tt Call be dune. As for •
bringing dun to tti.et, that' a nut in our power.
Mr. Johnson.- I pi esimie you will gt%e me a decided answer.
Mr. Justice Bayley —Can you suety ns wounds upon
e shall be authorised iu tirA%%ing the conclusion that
the ri.ezogniZilllC,! 11110 which you htvo entered ought not to
have been Lose!' ? . .

31r.Johnsoti.—I do not pretend to say that there are any
such grutteiti,,
Lord Elleilb,rotigh.—Tien you are in no condition to make
this motion. Unless you cull show us that your recognizance
lots been illegally take:,, we have nu tight to distort) it. V. e
cannot hale the time of the Court taus wasted. . .

Mr. Jolinsuit.-1.4e oiject tt Weil I am dctirout of obti...a.
int: is of vast impoiiiince to me.
Mr. Justice I.:ayle y.—ynar application is r. on:ined to two
thump. :--tirst, that yuit Mould Ht• brought t trial forthwith.
tlAis you have rcrt'i•..d for :111,er dint in..: Court ha, n
the plwer to :moil you to ti •[lie ,ec•ond think l'or which
you apply is ta be irirged from your reeogoiza ee, and
nl•cn hot tour augur bas been equally explielt. I kiiie it
uo gru..llld open %%hid' the Conti can COliiply auh Bits
you can satisfy us that your reeoloilhanee has
been ihclnlly uutainc.i ti-olit you. You say yulli
does 1101 go to show that Oleie bail been an illegality in tl.e
mode of taking your recognizance, consequently Wt can
ali4.l!wi no rt

Johosoa. —Then I nin,t certainly bee of the Court
(4,1 1 ti:iari remain in 'town, mid be to attendance from day to
day, :t my lecogoizatice (Attires) to ;dhow no" the means of
sapport:niz my It isoul l tow be prudent ot nit to return
to my funtily, mill still to hate this rccognizance livid over nv
head. It is ely decided %skit, if iity recuitinzanee can't iv..
,liscbaigeti, that I ice: nrutight to ta MI. lee the Inlet nit, 1 Itoci
your Lordthips will afford me the mews of beim; comfort...-
hi) . Your Let dstiipa eullnotthink this rope-tom en Vona b'e.
Lord EllenhohatAli.- —Your application, it not unreasont,-
blc,iscettaioly an estraiailinaiy one. '1 he Omit have
power to comply with your desire.
Mr. Joloisum—Then your Lordship means to say that you
refuse to giant any one of toy applications?
Lord Ellen but mean to say what I have said.
'Die Attorney General now addressed the Court as A:I-
-lona :—" My Lords, I Ltd no lichee whatever of any such
motions as those which volt have heard being ammt to be
made tlik day, save what I dei.yed 1.0111 flee ordinary chat:.
trek; ofputilie inforncrtion, in which Z saw Npu. tt. d that which
ow:tared yesterday. In consequence of what I thus collect.
ed, I felt it my dutY to attend bete and to state, that I have
es cry reason to believe the gentleman who hiss been making
these applications had notice before he le tt Manchester that
his attendance in Court would not be required."
Lord Ellenburougli.—Theu the inconvenience and ex-
pense of being absent finals his faintly, is attributable to
I • At if ?

The Attorney Geucral.—So I believe ; and I believe that
every other gentlentan who entered iuto recognizances under
similar eircunisiauces received a like communication.
Ali. Johnsun.--1 do nut wean to deny that.
Lord Ellenbtautigh.—Then there is au end of this business.
Mr. Johnson.- But I wish to state the nature of the notice
which I received. _ . .

....._.. _ .---..—.
Lord Elleuborough.—Really the time of the Court, which
betoug, to other suitors, cannot be thus trilled u
ilitV 1' 11l- id your mulling, and have gtveu you the only answer
or %% bleb it i+ susceptibly.
. Jobusom—Theo L suppose I must suumit to the conse-
quences.
two tither perAi.ns, named Johu liuberts and Samuel
fir..n•n, made siiiMur istutem., %vele rejected. Other
pyrxuus %% ere prep.ired to be.tr fire aawc cuursy, oat the Court
would nut hear thew.