The Sun.
London, England, 1835-06-10 00:00:00

THE SUN, LONDON, WEDNESDAY, JUNE 10, 1835.

" I hope that every Hon. Member who hears me wi
give me credit for perfect sincerity when I declare, that
i.
it were possible to submit the whole of this case to your
judgment, sitting as a court of honour, sitting to decide
according to the moral principles of justice only, unaffected,
unimpeded, and unencumbered with any rule of law that
should guide our judges in our courts—l should rejoice in
the opportunity so to submit this case to your decision,
because, taking it from the beginning to the end, with all
the circumstances attending it, it would, upon such prin-
ciples, be submitted to a tribunal of British gentlemen. I
feel sure that if doubts do. now exist, which I hope they
will not, even upon any question of law that might arise,
no doubt would exist before any tribunal, before any man
who professes the feelings of a gentleman, as to what are
the moral merits of this cause, from the beginning to the
very end of it."
He called their attention to these words, not to cast.
aspersions upon Mr. Kelly, but to show to the Committee
that he was speaking about facts that must have been
within his own knowledge. The Learned Gentleman then
adverted to the terms of intimacy upon which Mr. Kelly
was with Messrs. Sewell, Blake, and Co., and to the letter
which had been addressed by Mr. Kelly, from Ipswich, to
Mr. Blake, in reference to sending " his friend Pilgrim" to
him to Ipswich. He would now read an extract from
Mr. Kelly's speech, in reference to Mr. Pilgrim. It was
as follows :
" I go from Mr. Cook to another individual, Mr. Pilgrim.
At this late hour I will not say much that I meant to say
upon the subject of Pilgrim. It is enough for me to observe,
that even Mr. Pilgrim has not been proved, or suggested
to he an agent ; there has been nothing whatever connect-
ing him with either of the sitting Members, so as to make
them responsible for his acts ; but I must, however reluc-
tant I may be to speak of myself personally, allude to be
attempt which has been made with respect to Pilgrim.
He appears to have ,been a stranger in Ipswich, except
that he was there two years ago, unconnected with the
elections, to which I was no party ; but that is found not
sufficient to connect me with Pilgrim, and the question
asked was, whether he was not a clerk of Messrs. Sewell,
Blake, and Co., of Norwich, and are not they, Sewell,
Blake, and Co., clients of Mr. Kelly ? The meaning of
that is, are they not persons who retain Mr. Kelly as their
Counsel. Sir, it is really distressing to me to have to speak
of myself, but 1 cannot allow a false delicacy to endanger
myself, much less Mr. Dundas, upon the points of this
case. I say, and if the other Counsel, who belongs to the
same Circuit that I do, had been present, he must have
known that if it was done as an attempt to connect me
with Pilgrim, it was one of the most unjustifiable modes
which could be taken by a lawyer, by a gentleman. It
has been my fortune to attain that position, that had the
same question been asked as to any attorney in any town
throughout my circuit, any attorney 911 the circuit must
have answered it in the attrinative. Why, Messrs. young
an ;1 Stafford are my clients, and Mr. Morrison, and I think
Wason wq; a client of mine, for I certainly have been
engaged- in proceedings foe or against him—l am not sure
which. Mr. Wason says for him, and lam sure I have

been against him in one case, which I have in my mind ;
but if the circumstance of a gentleman of the bar, who has
been some little time at the bar (and I say no more of any
position in which I have been placed) retained as counsel
by an attorney, is to connect him with a criminal act done
by that attorney's clerk, I think success at the bar, instead
of being an object of ambition, ought to be avoided by any
man who comes into Parliament."
If these words had any meaning it was this, that Mr.
Kelly wished to gain credit, from the Committee for
having "no other knowledge of Messrs. Sewell and Blake
than that which might be supposed to exist between attor-
ney and client, and that Pilgrim was only to be looked
upon as a mere attorney's clerk. Mr. Kelly was evidently
anxious to dissever all connexion between himself and the
parties in question. The Learned Gentleman then ad-
verted to the letter of Mr. Kelly to Mr. Blake relating.
to Pilgrim, which he read, and pointed to the words " run-
ning, talking, acting, or anything else, as need may be,"
for the purpose of showing that Pilgrim understood these
words " as need may be," to mean that he should com-
mit acts of bribery. He contended that from all that had
taken place, Mr. Kelly must have known that Pilgrim
had committed bribery. He would now pass to the ques-
tion of conspiracy—of sending the witnesses out of the way,
and in which he declared that, in his opinion, Mr. Kelly
was deeply implicated, and in order to illustrate this point,
he drew the attention of the Committee to the extraordi-
nary fact of the entire of the individuals, who had ab-
sconded from the Speaker's warrant, meeting one fine morn-
ing at the office of Mr. Clipperton, the avowed agent of
the sitting Members, and by him sent out of the way.
Was it possible, then, that such a fact as this should not
be known to Mr. Kelly ? He contended that between
such a proceeding and that of subornation of perjury, only
a faint and evanescent line existed, and such a line as could
not be distinguished for one moment in a court of honour.
The Learned Gentleman then adverted to the letter of Jay
to Clipperton, relative to the absence of Pilgrim. Would
the Committee believe that Clipperton, the agent and
friend of Mr. Kelly, did not mention this circumstance to
Mr. Kelly for the purpose of getting his advice ? He
(Mr. Hill) for one would not believe it. Did the Com-
mittee recollect the ar,pearance of Clipperton when his
wife was called before them to give evidence ? Did
they see how the man trembled lest the slightest glim-
mer should be obtained into the history of this affair ?
Did they mark how he turned pale at the bare
thought of such an inquiry ? He turned, as it
were, in mercy to the Committee to shut out all
evidence that would lead to a knowledge of the facts,
in respect to which they were all so anxious to
have a perfect knowledge. They did not dare to put
Clipperton into the box, so that Mr. Kelly and Mr. Clip-
perton seemed, in respect to these transactions, bound in
bonds that it was impossible to rend asunder. After some
further allusion to the connection between Mr. Kelly and
Mr. Clipperton, and to the situation to which the latter
was likely to be reduced by the connection, such as being
struck off the rolls of the Courts, he proceeded to advert
to the return of Pilgrim, which took place in obedience to
the letter of Clipperton, and which letter was sub-
sequent to the decision of the Committee, in reference
to the charge of bribery, of which the sitting Members
were declared to be not guilty. It was then supposed
that the Committee had not the power to reconsider
to this charge ; but things took a change, and a
warrant was applied for against Pilgrim. Then came
Mr. 0. Malley upon the stage, who did not think it
beneath him to carry Pilgrim out of the way, in a
hackney-coach, in order that he might be prevented
from appearing before the Committee. The Learned
Gentleman, after adverting to the return of Pilgrim to
Norwich, to the arrest of that individual, and to his
examination before Messrs. Bignold and Booth, observed
that it was thrown out that doubts would be expressed
in the House of Commons that that House had not the
power to force a witness to come forward to give evidence
who was under the examination of two petty magistrates
of some contemptible corporation. He had the authority
of the Attorney and Solicitor-General and of Mr, Sergeant
Wilde, for saying that no man who had any respect for his
character as a lawyer could have the hardihood to express
any such doubts in the House of Commons. It would be
lamentable indeed if two peddling magistrates in some
peddling corporation could have the power of setting at
nought the mandate of the Assembly of the People of this
country. The Learned Gentleman then adverted to the
efforts of Mr. Kelly to prevent the examination of Mr.
Pilgrim, even when he was brought before the Committee,
and observed upon the endeavour of Mr. Kelly to save his
own and his colleague's seat at the expense of all those who
had assisted him in his election. Did not this objection to
Pilgrim's evidence show at once its importance ? The
Learned Gentleman with great severity commented on the
endeavour of Mr. Kelly to prove Kinnoull a perjured man,
when he must have known that, through the evidence of
Pilgrim, the man Kinnoull's statement would be fully borne
out. He charged Mr. Kelly with being concerned in the
infamous conspiracy to make Kinnoull a perjured man.
He trusted that there was no want of explicitness in that
declaration. The Learned Gentleman, after drawing the
attention of the Committee to some of the important
points in Pilgrim's evidence, contrasted them with the
evidence given by Mr. Sparrow, the agent to the sitting
Members. He also pointedly alluded to the conduct of
Mr. 0. Malley, in refusing to state the nature of his
conversation with Mr. Sparrow : and argued, that
the natural inference to be drawn from such a circum-
stance was, that had that gentleman given that con-
versation to the Committee, that it would show that
the private statements of Mr. Sparrow would be in
opposition to the public testimony which he had given be-
fore the Committee. After going through the evidence of
Sparrow, he pointed to the importance of having Mr. Pil-
grim in Ipswich, who, being a stranger, was of all others
the very best instrument by which bribery could be com-
mitted. He next commented upon the absence of Cooke
Bond, and Clamp, over whom Mr. Kelly said he had no
control ; but why, he would ask, did not the Hon. and
Learned Gentleman bring forward Major Dundas, who
was proved to have been in Mr. Kelly's house within the
last week ? He should have been glad to have heard the
evidence of Major Dundas, who, he was sure, as an officer
and a gentleman, would, had he appeared, have given true
and faithful testimony. He had no doubt, from that gal-
lant person's high sense of honour, that, could he have done
it, he would have come forward to declare, that however he
might have been engaged in any act of impropriety, yet his
relative and his colleague were unacquainted with it. The
Learned Gentlemen then observed upon the manner in
which Mr. Dundas was mixed up in all that appeared strong
in the case against Mr. Kelly. In the first place, the word
" we " appeared in Mr. Kelly's letter to Mr. Blake ; and in
the next, Mr. Dundas did not, when he saw the 'turn this
case was taking, separate himself from Mr. Kelly, but con-
tinued to retain the same agent, Mr. Clipperton, and to al-
low Mr. Kelly to be his advocate. Could Mr. Dundas
have separated himself from Mr. Kelly ? He might
have done so. Had there been but one other agent in
existence, and but one other counsel in Westminster-
hall, Mr. Dundas ought at once to have employed
them. He (Mr. Hill) contended that the plan of bribery
was a settled one—that Messrs. Kelly and Dundas con-
spired to bribe the electors of Ipswich—and that they con-
spired to send to send Bond, Cooke, &c., away, to prevent
their examination before the Committee. He would end
as he began, by saying that the public exected that they
would do their duty ; and he trusted that when foreigners,
in reference to this case, should declare that their boasted
Reform Bill had done nothing towards rooting out the in-
herent rottenness of the old system of representation in this
country, that, lie would have the satisfaction of pointing to
the decision of this Committee as a proud refutation of this
assertion. He called on the Committee to inflict a signal
punishment upon the sitting Members, to deprive them of
the power of sitting in the same assembly with thent—aa
assembly into which they had intruded themselves by the
most improper means. He called on them to go further
—to report against all who had been mixed up in thi3
most foul conspiracy. He called on them respectfully to do
more—to inflict upon the sitting Members the costs of this
protracted inquiry, for to them were the Committee in-
debted for this most painful and disgusting inquiry. This
case had no parallel in the history of the country, from
the time of the Tudors down to the last twenty years of
the reign of the Georges. If they could find one case in
point, then he would give up the application for costs.
The Learned Gentleman, in a strain of impressive elo-
quence, concluded a speech of three hours' continuance--
a mere sketch of which we are only able to give—bY
calling on the Committee to mulct the sitting Members in
costs, for the gross bribery and foul conspiracy in which
they had been concerned, and which he said was a blot on
the election system of the country.
The Learned Gentleman sat down amidst great applause.
The Committee-room was then cleared, when the Com-
mittee, after a consultari(.e of three hours, at the end of
which the Committee-room was opened, came to the fol-
lowing resolutions, which were read in a very deliberate
manner by the Chairman, and heard with the most profound
attention by the numerous auditors who attended on the oc-
casion. The third resolution was loudly applauded.
Resolved—That the resolutions of the 14th of April be
rescinded.
Resolved—That Robert Adam Dundas, Esq., and Fitz-
roy Kelly, Esq., are not duly elected, and ought not r
have been returned to serve in the present Parliament for
the borough of Ipswich.
Resolved—That the petition of Robert Rangoio and
others does net appear to have been frivolous or vexatious.
Resolved—That the opposition to the said petition does
appear to be frivolous and vexatious.

SPECIAL RESOLUTIONS.
That Robert Adam Dundas and Fitzroy Kelly, Esqrs.,

were, by their friends and agents, guilty of bribery and
corruption at the late election for the borough of Ipswich ;
and that Arthur Robert Cooke, J. B. Dasent, John Pilgrim,
and others, were guilty of bribery at the said election.
Resolved—That J. B. Dasent, A. B. Cooke, R. B.
Clamp, and John Pilgrim, were guilty of absconding to
avoid being served with the Speaker's warrant ; and that
J. E. Sparrow and John Clipperton, the avowed agents of
the sitting Members, and F. 0. Malley, Esq., one of the
Counsel employed by the sitting Members, aided and abet-
ted them in keeping out of the way to avoid giving evidence
before this Committee.
Resolved—That the said John Pilgrim having at length
been served with the Speaker's warrant, was prevented
attending on this Committee by being arrested on a charge
of embezzlement by Messrs. Sewell and Co. under very
suspicious circumstances.
Resolved—That the conduct of the Magistrates, Samuel
Bignold, Esq. and E. Temple Booth, Esq., before whom he
was charged, appears to this Committee to be a breach of
the privileges of the House.
At the suggestion of Mr. AUSTIN the Committee agreed
to meet to-morrow morning to adopt ulterior proceedings
in reference to the claims of Messrs. Wason and Morrison
to be declared the sitting Me►nbers.

HOME COLONY in SOMERSETSHIRE.

(FROM A CORRESPONDENT.)
A Home Colony in the county of Somerset, and in other
counties, was the subject of a petition laid before Parlia-
ment a few years since, from the inhabitants of Frome,
but the subject has never received the attention it demands,
although it is calculated totally to destroy pauperism, and
moreover would not, like emigration, drain the land of
its sinews and strength. The following statement will
shew that Somersetshire is a favourable county for the es-
tablishment of such an undertaking :—The Forest of Ex-
moor, Somersetshire, extends from north to south about 8
miles, and from east to west 10 or 12, containing, accord-
ing to an accurate survey, nearly 20,000 acres. Nearly at
th centre of this large tract of land, is an estate called
Simonsbath, inclosed, consisting of about 200 acres, with a
dwelling-house and offices, &c. belonging thereto, for the
management of the Farms, and transacting the con-
cerns of the Forest. And be it remembered, this
almost useless and void space, as it now is, in the
map of the eounty of Somerset, is used for thr pur-
pose of breeding a small race of horses of trifling value,
and depasturing sheep ; whereas the soil, beyond doubt,
is favourable to vegetation. On the summits of the hills,
and especially on the West and North, are swamps of many
acres of extent : they are cut up as turf, and would be an
inexhaustible stock of fuel to any inhabitants settling on the
better part, as well as of black peat for burning lime, &c.
The roads are, in general, as might be expected in so large
a tract of land without inhabitants, very bad, and in some
cases scarcely passable ; but the whole abounds with ma-
terials to make them firm and comfortable at an easy rate,
and few bridges would be necessary. Excepting a few wil-
lows and thorns by the sides of the rivulets, not a tree or
bush out of Simonsbath estate is to be seen on the whole
forest ; but plantations of most kinds need no more shelter,
nor better soil, than are to be met with here. Oaks, firs,
beech, and elm, would thrive in all parts capable of til-
lage. Veins both of copper and iron have been disco-
vered that might be worked to advantage, considering
how convenient the situation is for shipping off the produce
to Poclock, Lymouth, and Combmarten, all sea ports not
being more than nine miles distant from the centre of the
forest. From each of these places, and also from Ilfra-
combe and Barnstable, vessels are continually passing to
Wales. A large vein of lime stone is known to pass from
east to west near the. centre of the forest, and proper
stone is found for building on almost every part ; and to
complete the whole, slate of a good quality has been dug
up in large quantities not far from Simonsbath, and there
is every reason to think it may be found in other places.
Water is in plenty in every part : several market towns
are within a few miles of the forest. It is well known that
large tracts of land arc adapted for the tillage of flax, which
thrives best on old or unvegetated ground with a strong
deep soil. The grain which thrives in the adjoining pa-
rishes would no doubt flourish here, and a ready sale would
be found in the neighbouring markets, or by being exported
from the ports on the Bristol channel. The ashes arising
from the weeds and other extraneous matter on the sur-
face, burnt and mixed with lime, would form a good manure.
From the produce of the crops would arise manure for
future tillage, and what is now a barren waste, might
be rendered as fair a prospect as the surrounding
country. In order to establish a Colony on this large
tract of land, cottages might be erected for workmen
near its centre, suppose by Simons-bath (where it will
be recollected much land is cultivated), and in other parts,
as cultivation might increase to which allotments of land
should be annexed, provisions and all other necessaries
should be provided. Public-houses should be excluded, &c.
The writer has derived his information respecting Exmoor
from a valuable work on the " Agriculture of Somerset,"
drawn up about 35 years since, by John Billingsley, Esq.
The following are recommended as materials for an Act
of Parliament, which should have for its object the carrying
the foregoing into effect.
That his Majesty, in right of his Crown, is seised of a
large tract of land called Exmoor Forest, in the county of
Somerset, containing about 20,000 acres, for the most part
uninclosed and undrained, although the same is capable of
profitable cultivation.
That the inhabitants of many parts of the county, espe-
cially in the manufacturing districts, from want of an ade-
quate demand for their labour, live in a state of degradation.
That it is necessary, for promoting employment, that this
tract of land should be drained, inclosed, fenced, and divided
into allotments, and a Home Colony established thereon,
under strict regulations, under the immediate direction of
his Majesty's Commissioners of Woods and Forests.
That to enable such Commissioners forthwith to promote
the attainment thereof, it is expedient that a sum of money
should be granted out of the produce of the possessions
and land revenues of the Crown in England, in aid of other
sums to be provided by the county as after mentioned.
That a fixed sum (say 5,0001.) be raised by the Grand
Jury of the county, by an assessment of per cent. on
the property of every person throughout the county, whose
income shall exceed 4001. per annum ; such rate to be col-
lected in a similar way to that in which the county-rate is
at present.
The Treasurer of the County to pay this money as shall
be directed by the Act.
That the Commissioners of Woods, &c. may, with the
consent of the Lord High Treasurer, from time to time, as
occasion should require, by and out of the annual income of
the possessions and land revenues of the Crown in
England, grant any sum not exceeding in the whole say
20,0001. for the purposes of the Act.
The works not to be commenced till —/. be provided
by t'ho county.
That in case the sums so to be granted should prove in-
sufficient, it should be lawful for the Commissioners, with
such consent, to raise a further sum by the sale of some
part of the lands in their cultivated state, not exceeding
acres.
That upon such money being obtained, the Commis-
sioners to appoint and employ three Sub-Commissioners to
act as Local Inspectors, one whereof should be a skilful
Engineer (for the purpose of superintending the intended
works), who are to set forth a description, specificatit,n and
estimate thereof, for the Commissioner's information.
The Sub-Commissioners then to state for the information
of parish officers, &c., the number of able bodied men un-
able to procure work, each parish in the county may be
intitled to return on the list after-mentioned ; that they then
by way of commencing operations, give notice to the parish
officers of such parishes only, the population of each whereof
shall amount to 4 or 5,000 ; to transmit to them a list con-
taining the number of able-bodied men in their respective
parishes unable to procure occupation, whom they consider
are desirous and capable of work and labour ; the Com-
missioners then to return such lists to each such parish, spe-
cifying the number of men that they consider necessary from
each parish to commence the works, and as to such parishes
as should not make any such return, the number of men
allotted to each thereof to be taken equally from those pa-
rishes having the larger population, or the greater number
of men out of employ, at their discretion.
That when more workmen are required, the Commis-
sioners shall give similar notice to the remaining parishes
throughout the country in a similar way.
That the Sub-Commissioners make certain rules and re-
gulations for the information of all persons desirous of re-
ceiving benefit under the Act ; such as that -- public-
houses will be excluded from the colony—that spirits will
not be allowed—persons guilty of drunkenness to be dis-
missed therefrom—each person, before allowed to occupy a
cottage and allotment of land, will be required to sign an
agreement, the conditions of which should be practicable
and strictly enforced.
The Commissioners to direct cottages to be erected from
time to time, for the accommodation of the workmen, u.
a certain number of acres shall be cultivated, as after-mei
tioned ; and also that facilities be formed for obtaining pro.

visions.
That as accommodation could not be obtained, and as
expenses would be further increased, the men are not to be
allowed to bring their wives and children within - miles
of Exmoor Forest, until directions are issued by the Corn-
missioners,
which should not be until a large number of
acres should be cultivated,
That the men ho .paid (low wages), and that the Sub-
Commissioners (or an officer whom they should have power
to appoint for the purpose) should deduct thereout a suffi-
cient sum monthly for the maintenance of the man's wifc
and children ; and also deduct thereout 2s. per week, which
latter sum should be properly tlepnsited, and form a fund,
out of which every man who is really incapable of labour,

COLONIES IN OTHER COUNTIES.
The above applies to the establishment of a Home Co-
_ony in Somerset only ; it is now proposed to enter into
particulars in reference to its adoption in other counties, or
where impracticable to the cultivation of waste lands. It
being previously admitted and decreed by Parliament, that,
in consideration of the extreme distress which prevails, it
is necessary and expedient that all uncultivated lands, above
- acres, in each county in England should be reclaimed
and improved.
That after such admission, in any county possessing
the aforesaid number of acres of waste, it should be law-
ful for 30 or more magistrates resident therein, who should
be desirous for the purpose of giving employment to the
poor within such county, to signify to the Lord High Trea-
surer of the United Kingdom, and the Lord Lieut. of the
county, their willingness to superintend the cultivation of the
land, and in such application, to set forth a description and
specification of the intended works,:andan estimate thereof,
such having been effected by two skilful engineers pre-
viously named and approved by the Lord High Treasurer
and Lord Lieutenant, which for some time before should
have been lodged with the Clerk of the Peace for public
inspection ; and thereupon, his Majesty should at the in-
stance and by the direction of the Lord High Treasurer,
who should have power to call upon a third skilful engineer
for a confirmation or otherwise of such report and estimate,
to issue a Commission authorising such magistrates commis-
sioners for the purpose of carrying the Act into effect.
They should then be authorised, by virtue of such Com-
mission, to appoint as many Inspectors, one whereof should
be a skilful engineer, as themselves, with the assent of the
Lord Lieutenant, should deem expedient ; and then adopt
measures for raising, in a similar manner as above, such
sums of money in the county, as the Lord Lieutenant, upon
the recommendation of the Commissioners, should deem
meet ; in aid of which, Parliament should grant such a
sum as they, in their wisdom, should think necessary, and
also advance a further sum, on security of the intended
works, after acres should have been cultivated and
reclaimed, if deemed expedient.
That, on the snm of being raised, the Commis-
sioners to give notice to the Lords of the Manor, and the
persons interested in the waste lands, where the same shall
be above - acres, of their intention to put the same in
a state of cultivation, and then either to agree with such
Lord, and the major part in value of such persons, for the
purchase _of their rights and interests, in the soil of
such land, or (as may be deemed expedient) to cultivate
such land ; and on such being done, the Lord and such
persons to pay to the Commissioners a just and reasonable
sum for such land, in its cultivated and improved condi-
tion ; such purchase and recompence, in case of disagree-
ment as to price, to be settled by a Jury at the Quarter
Sessions, in the usual way.
Similar provisions to those in the aforegoing statement,
will then be required.