The Sun.
London, England, 1822-02-21 00:00:00

MR. H 1.1)11 T

Mr.-HUME presented a Petition; signed by 4 or 5000 inha•
bitants of Preston and its vicinity,
.praying that part of the
sentence of Mr. Hunt might be renamed: The Hon. Member
stated that lie had written to Mr. Hunt to ascertain the truth of
the contests of the Petition, and that he had enmfinned it.. The
Petition contained the same complaints as'that presented to•
the House a few nights ago, as to Mr. Hunt being denied to
see his surgeon and.solicnor, and submitted•to solitary confine-
ment. The Honourable Member then stated that he .was
quite convinced by the arguments of the Honourable and
Learned Member for Nottingham (Mr. Denman), -that the
Manchester Meeting was a legal Meeting, and that Mr. Hunt
was unjustly punished. Ile believed that no Judges, since the
days ofJudge Jefferies, had pronounced sentences of' such se-
verity as those which had been passed within the last two or-
three years. The Honourable Member then proceeded to de-,
scribe the sentence of Hunt as being tyrannical, 'and Cal-
culated to bring the laws into contempt. Seeing the lion.
and. Learned Solicitor:General in his place, he wished to ask
him if Magistrates had the power by law to .change simple
confinement to -solitary confinement against the express decla-
ration of the Judge. lf so, they had the power to, bang, a man
who had been sentenced to imprisonment. Ile knew he should
be told, as upon former occasions, that the Magistrates of the
County of Somerset were honourable and humane men. He
would deny, the fact. It was' wither huniane nor just to act
towards a man as they had acted .towards Alr. Hunt. It was
acting regardless of public Justice and the -liberties of the peo-
ple. The Hon. Member then read parts of the Petition, in one
of which the Nlagistrates were charged with malicious and ca-
pricious motives in their treatment of Mr. Hunt. He concur-
red in all the views of' the Petitions.
Sir_ THOMAS LETHBRIDGE did not rise to'opposc the
reception of the Petition, but to protest against the.imputation
of malicious or capricious motives to the Magistracy of the
County of Somerset. It was quite impossible that men of their
character could act from such motive* ; and he did think it ex.
ceedingly hard that they should be exposed to such charges..--
It would be well for the House set its face.a.gainst such pe-'
titions as the 'present, and although he did not object to its being
brow ht tip, he hoped that some mark of the disapprobation of
the Muse would be manifested. He would tell the Honour-
able .Member for Aberdeen that there had been no malice-en-
tertained towards the prisoner, and that lie never had been in
solitary confinement. When he wes first there, indulgences
were granted to him which no prisoner in his situation ever ros-
sessed : and that had been the cause of all the complaints and
abuse now directed aeainst the Magistrates. It was peculiarly
bard that they should be subjected to such attacks for the per-
formance of a painful duty, in enforcing rules and regulations
which had been sanctioned and ordered by the highest authority.
The SOLICITOR-GENERAL certainly felt it necessary,
in consequence of what had just passed, to address a few words
to the: house. It was a reniafkabletircurnstarice that the Hon.
Member for Aberdeen had chosen to , repeat to the House an
attack .upon-the Magistrates of the Cbunty-of Somerset, which
was made some days ago. He .(the Solicitor-General) at that
,timestatecl, that an appliCkion had been made to the Court of
King's Bench, and that inquiries ,were -.7•aetuallY being made.--
When that application was made to the Judges, whom the.
Honourable Member for Aberdeeti had soicandalonsly
—(Loud'eheers.)—the application came in an irregular manner,
being,- without the aisuar affidavits. The Judges, however,
immediately. met,, and gave the necessary orders for procuring.
those affidavits,' and' for taking the regular steps in such cases.
Notwithstanding this, however, Mr. Hunt had taken no steps
whatever, and nothing more had. 'been heard of him. It re-
mained, therefore, for the House to. conclude' that hilt com-
plaints were at least exaggerated, and to suspend . its judgment
until the proper investigation upon oath had taken place.—
The Hon. Member for Aberdeen had been pleased to say, that
Mr. Justice Best had authorised a stricter punishment upon
the prisoner than 'the sentence warranted. He admitted that
in substance what Mr. Justice Bayley was represented to have
said Wait correct. But it' the Petition stated that Mr. Justice
Best had in any way directed the infliction of arbitary confine-
ment upon the prisoner, he believed it to state that which was,
entirely false. ..He had sent for
.a copy of - the rules and
.regulations signed •by Mr. Baron. Graham and Mr. Justice
Best, and lie could answer ; that they- contained- nothing
against the - law of the land, and nothing but what had-been,
sanctioned by the Ipredeuesiots'' of • those Learned judges ;
—of men whose -character taienta were of the highest
description,- 'and. who haul, as, mach • respect for - the 'law;:
and for the rational liberties of the country,, as the Honour-.
able Member for Aberdeen:-.4olVekeissll-With' respect to the
qust.ion of the legality of thi.....—,,mancholtei! Meeting of Mr.',
Hunt's conduct there, it had evant,ually Ccnric.before the twelve-.
Judges, and after hearing it argnett befoie them in a most, able
manner by those concerned for Mr. Hunt; with the greatest
patience and attention, dye& c.'une 6uan :unanimous decision
Was illegal:- When-lie/lad the honour to ad.
dress the House upon 'OA .subject;. he :always --predicted' that
.such' would be the result if.t.lie.qiieationaeere sent to the Courts.
of Law. But ihe Hon. Mt.triber for Aberdeen, doubtless, con.;_
sidered himself better qualified I.B:dinitliistand thelatv and the.
constitution than _those who bad:SPeitf,tbeir whole lives in study-
inglt. He had always understoethatnothing was more net
cessarylban- for the characters' of the 'Judges of the land to
stand unreproached.—(Hear ty--i;efliarsefore, if th6ie• was any'
thing distinct to he.chargeilagainstilicme. let it be brought for-
ward regularly and'directly. Thjt let.npt. the /for... Member faa
Aberdeen,.7undei-cever of a petition,'lnitluee and caluMniafe
the Judges in a manner which, out of that House, he•ahould
call scandalous.

-I.ltZtavtTT had j'received: a letter from. Mr. Hunt
thatimOrning... He was•not.in 'the-habit of corresponding with
• him, and if he was, be should Polite ashamed for sodoing. lie
had received the ruies.apd regulations,of • the prison, and they
were by means aPplicable to offencealike that for which Mr.
Hunt suffered. They were intended for felons; and it was the
first time.that a person confined for a.• political misdemeanor
had been subjected to them. Ile then remarked upon what he
considered to be the lofty tone assumed by the Honourable. and
Learned Solicitor General upon- all occasions, as if lie was sit.
Ling in the.chair of the pld.Bailey. If persons. had-peen ac
cuStoined 'to' certain manners elsewhere,• they ought to change
them when-they got into that douse, and endeavour to suit
theni to the society they were in. Whew he charged his, /lon.,
Friend with uttering scandalous libels, 1ie.,(41r:-B.) did not
-know where the Ilon. -and• Learned Gentle Man. had pieked-111X.,
'such language, not'did he care ; • but he was ciuite sure that- it
was neitherit nor;proper;to ne,iricitiri. that iouse.. .The•-1-I&.r.
,Member then stated ,that .11C.bAd. 04e ..iiighcst respect for Akr..., ,
justice Biiyl6;, but he must lirOttnir against. Ntendiers not
having the liberty- of speaking. their satimeliti, if they-believed-
the Judges to .be -.acting improperly... A.,. 41,ember would less:
faithfullydischarge.liiS f.fp,ty ailent than:by deli-
vering his-opinion.- • • - ,
Mr. LOCKHART aigeed that it -wiii.ilctbetin-iiiiwarrantable
act to inflict the punishment of, .solitary, con4nement. .upon the
pnsener. a As the lion. Baronet, however, had demid that Mr.
Hunt had been placed in solitary confinement, he was bound
to hgliew that that was the case. If any rules made by Magi.

I

strates and sanctioned by Judges could lead t) that punish-
ment, nothing could be more unconstitutional, the laws
-upon tiampoint'ought.to b 4 rooked intO•Yati'd trest'oted to their
original vigour. It was „his opinion that in prtnerple
that of solitary confinement was recognized in our 14,p,,,,t00k5.
At all events, it was fit that the laws in question shotildl.e revised.
fir Z. 14-vhinurpoE The Petition-1g read,
The SOLICITOR-GENERAL felt himself :calleinupoa
to trouble the House, again, zparticularly_tor the laiprpose of
.eXptaining the. nature of • the apPlitztitie thade by Mr.
Hunt,,whieb-seemedv have been misurkleistood. Mr:l-luat
Made an application by letter to Mr. Justice Raylvy*.:who- im -
metliately communicated, it to the other .Lodges. The letter
complained-that tlie•Surgebn and 'Solicitor bf the *Piiioner had
been winded from seeing him. As the.Couneould.gitie ro
judgment upon a letter without first hearing the, other part?
andhaving the necessary affidavits, they immediately ae.ut an
"order for the admissiolf-of the Solicitor to Mr. Hunt, ikiorder
that he. Aright advise with him, and take:the roquisite•pirticeed
ings. This was the position in which the case stood with ,rega:-.2
to the Court of King's Bench.' The Hon. Member fok Arews-
bUry had thought proper to charge him with haVing used ita
becoming language ; not to himself, but to another Honotirable
Member of that' House. It would be remernbered.tbat that
Hon. lllember had thought proper to state that'll° judgment
since the time of Judge Jeffenes was- noire infamous than that
passed upon
4111 r. Hunt, Now he . would. ask whether it. was.
unbecoming in him tO describe such language as being grossly
libelloas ? •• If the llon. Slember for Shretralitaiy thought' that
he was to form his nialme.ra or lsialangtrage to.sultina View ot-
a case, he was never more miataken„ lie begged}the,lionour -
Able Member -for Shrewsbury' to uhderstand"thit -hpneyer
he had .occasidn to Speak,- ol• hitt Or. hl ifatk; be-
ready to justify his language there ot_in atarothervioaii.
The SPEAKERt, rose to order. The, liouse,.R(NN'AZ-q.,
notwithstanding the mysterious larigitk',_reof ':he lfonoulsbie
and. Learned Member, what was its • inVinded
No-
thing could be more injurious to.the•freedom oNebakeinieees-
'sary to the' proceedings Of Parlia:nieni.—(lleari hear
trusted that the flonoutable'andLearnid Member would be
the first•to--see The necessity of his 'mating ' that the word' he used were intended to convey:no. Other than their -literal
meaning. - • f.;
The SOLICITOR-GENERAL said, that in the. language
he had used; he had no intention but &at of juStifying himself
against the charge which had ban made:: . • - -
Mr. HUME said, that the assertion of the Hon. Baronet,
that Mr. Hunt had not been in,solitary confineMent, was not
sufficient authority for the House to 'go UpOn, unless the i 40r,
Bart. put it in possession of, the scurce of his: information. The
.11ohourable and. Learned 'Gentleman opposite (the Solicitor_
General) had done that which he often did, he had' employed
abuse instead of- argument. He would recommend him not to
resort. to such means. Let not men clothed in brief authority
assume that dictatorial style 'which so ill became, them. Let
the Hon; and Learned: Gentleman 'Mat.suppcse, that by using
abuse instead of argument, he could produce the effect he in-
tended, either iticre or out of doors. With regard .to the sub-
ject of the Petition, he should probably bring it before the
House at an early period.
Sir T. LETHBRlDGE.explained. 'His authority for stating
that Mr. Hunt was not submitted to solitary confinement, was
that of' a public officer connected with the jail. From what he
understood to have fallen from the lion:. MeMber, the•subject
would come before the Douse, and.'he "was satisfied that the
charges against the Magistrates would be disproved. Ile would
not believe that they had submitted a prisoner to solitary con-
finement, contrary to the order of a Jude, even. upon a written
statement. signed Y. Henry Hunt.". ..If it were proved to be so,
lie slibuld be amoogst the first to condeinn stich an act.—(llearl)
-.-The Petition Was ordered to be printed' '