The Sun.
London, England, 1817-03-04 00:00:00

HABEAS COIMIS ACT StISPF,tikON BILL.

Lord HoI.LAND, after briefly adverting, to the
Amendments made by the Counnous to thist
and aftimadvetting oo the great uncontrolled
power•the measure tended to vest in his. Majesty's
Government over the liberties of their fellow sub-
jects, expressed hiS, wash to be explicitly lama-l-
ed, either ,by the Noble and ,Lvarned Lord on ehb
Woolsack, or, wine other Learned Lora, how the
law would stand with respect to the well-known
right of the,sobject to petition either his Sove-
reign or the Legislature : that is, whether those
persons who Were detained in custody under the
Hill, should it pass, were to be debarred frOni
their rights of addt essing, in the humble form of
Petitioo, either their Sovereign or the Legislatare
Of their country. This Was what he thoucht. the
1-loose and the country had a right to be inforne-'
ed of; and, as to the Noble and Lent ed Lord
on the kAloolsack, he was sure of his rendine,s to
give every information in his power en u inject
of the kind.
The Loan CtrAtiCP.LLOR %visited the Noble Lord
to be more explicit as to his eplestion.
Lord 110t.Lattp stated that his question Was,
whether the, persons detained limier the Act hail
not a right to petiiion, or whether they were to
be &bat red from the exeteise of that right ?
Thai &ow CHAzicri.t.ou sad, that to a general
quesettln his answer, nitt3t he also f;eheetil- 114
1141 not find any subj.:et, 01 the country who, tin-
der thil Act, had not a right to petition either his
Soveleign vr Lite/ liatncnt.
Lord 11,,1.L1N1, ohserted, that lie understood,
in sonkc prisons, it ‘yas the practice for the gaolers
not to allow the use of either pen or paper to cer-
tain of the pti:oners but these-pertims had itf.ter-
willtl3 un opportooky of .appealingtt -the—rstblic
thorough the• medium of it Court of Justi:-e ; hitt
persons detained under the Bill wrothd have no
such opportunities. in that view of the ease, he-
would ask, whether or not .gnolers would be co-
trusted by law with n power, tinder this Act; to
withhold the use of pen, ink, and paper ?

.
The Lag!) CHANCHLLUR stated, he lia,l no dif-
ficulty in sayiutz,• that every person scctisvd, '>t
crime had, by the law, the presumption in Nvour
of hii innocence and was left at !dimly
to use every opportunity of making application to
Parliament,
Tor IN I, ii•StAtreign, that y be con.;
sistent with,the,44ety of his person. lie knew iof
no law tlint diiLnot to coiille.the subject with the
tesereation he had itivtitioned.

Earl GREY seemed to think the statement of
the. Noble. and Leal tied Lord, clear, distinct, unit
satisfacrory ; at the stsme time, he observed that
the abstract right Was of little importance, it in-
dividuals were deprived of the means of exercising
it ; and he must think Ira high breach of duty in
a gapler who' should withhold from any prisoner
the means of petitioning either the Legislature or
the Sovereign.

Their Lordbitips then proceeded to take' the
Amendmeots, tootle by the Commons to the abcne
Dill iotOO cons:des4t

On the question, the Earl of DARNLEY took the
opptirtuuity of stating his strung objections to the
measure generally.. He censured what he deem: ii
the lowly and precipitation with which Isis 111a-
jest y's Ministers pressed the measure through that
flouse. Ile most think that no ,cal necessity
existed Inc the measure. A e real deal of discon-
sew naturally.arose - from the distressed state of
the country, and there may be some who were
prone to take advantage of, such is ilate a the
people's minds ; but nothing was effected but
what a proper application ut the existing laws
could repress. Ibe.state of the country certainly
was stick attic) have rendered it the duty of .Mitri-
stets to have assembled Parliament . early, and to
have taken the advice anti assistance of the Legis-
lattire with respect to the most constitutional and
pratticable measures for allaying the disco; tents
of the people, anti repressing whatever improper
practices might exist. Deeming. thus unfavour-
ably of the measure altogether, he would move,
that instead of Ilf)W, the adlVhdinents made by
the Commons be lakes' into consideration that day
three mom Its.
The Earl of LtveuPoot. observed, that after the
Rill discussion the geoeial measure bad under-
gone, lie did not feel himself called upon to enter
into any further debate 111101) it. 'Lao
hiCh fell Orin) the Noble Earl, he could not,
however, avoid noticing. First, as to the charge
of precipitancy, be had to state there was no
foimer instattce of a similar measure heinK
deiced, wisere_ihe Bill had not been read three
times in mit f!" v... bccondly, as to the asseition
drat no Can bad been Male out, lr 11111,3 t
city deny it, as Air Report ut the Committee on
its deliberate view of the case, acid a great ma-
jority of the noose, on a delibtraie discussion,
endered it uttr.ecessary for him to gu farther ..
I to his own conviction, upon the point, it was, ktiat

at tot !Miner period wliatever did there exist a
ro:iger necrisity for the adoption of the measure
ticitt prvsent occasion presented.
Earl GIMSVENOR briefly argued, that a strong
sen.e existed in the country against the measure;
and that numerous
.petitions were in preparation.
tie particularly adverted to a Meeting which lately
took place at Chester, where a petition against
the Hill was subscribed by an immense number of
persons, must of whom were of, high respectabi-
lity.

The, Bishop of CußsTett, to a certain. extent,
corroborated What had fallen from the Wilde Earl,
that the petition alluded to was very numerously
annetioned ; .but, as we understood the Reverend
Prelate, lie observed, that a considerable portion
of the most respectable inhabitants of the City in
.goesfion entertained contrary sentiment's.
Time Earl of Clitosvallott admitted that there
were•mttay highly respectable persons whir may
Hot have signed the Petition.
The Earl of Dantat.av shortly repeated his convic-
tion that there were not sufficient grounds for pro-
;losing the measure ; and he was' strongly of opi-
Dion, that whatever advantages may arise from
it would lie more than .cominterbalanced by 'the
tliscontent which its adoption -would spread
throughout the country. •
• The Earl of Bosses's; disapproved of time mi-
.-
Rival framing of the Bill, which plated the liber-
ties of the people in Scotland in a very different,
letid still more precarirms footing than it did (hose
•of England, lo the former, an inferior Magiss
trate .was•empowered mit under the Bill ; where-
os, in the latter, a responsible Minister,' or'six
PriVy'Councillers, were empowered 'to act, So
far he approved of the Amendments, as tending to
aiml an coned measure of jestice'to -the subjects
of both countries ; but of time measure generally,
Ile still retained his former opinion.
The Lotto Coastcretara felt it his duty to sliiY
a few WOUIS on the present occasion. lie was
• one of those who gave his fall allirmatiOn to a si-
milar measure in 1794, amd lie prosecuted for
high treason at that period, because he felt it his
ditty to lay before a Jury all that he knew to-
wards the exposition of crime. As to what was
said of the distinction made between Scots and
English subjects, he obst.Nved, that from all the
knowledge his practice hail afforded him respect-
log the law of Scotland, and from the ()pillion' of
the Noble'and Learned person who preceded him
in that House, who was well 'versed in the law of
England, and very convergent in the law of Scot-
land, he must conclude that time Bill was rightly
frdwed ; Rod he was of OleiniOn the present Bill
was framed rightly. lie thought also there never
existed aim occasion in time Country, when t he'adop-
lion of the measure was more necessary; When
the most barefaced attempts were making through.
out. time country to destroy every principle of ino7
I dilly or religion—principles without which it was
impossible for'any community to exist "lite Bill
was drawn up as former Acts of the "kind were ;
and if he gave his countenance to the preseut
Amendments, it was from theiconviction it would
' be better to pass the Bill with sneh Amendameots,
• than to (lifer its passing longer, for the purpose
of obviating them.
Lord Ilota.aisn• was of opinion the Noble and
Learned Lord- should inform the House why the
Ametiiiments made the Bin worse, as be seemed
to think ; however there %vas' very little, or no
explanation given either us the nature or the ne-
cessity of the enactment at all.- lie deprecated
time course which had taken place iii hurrying time
throuch that [louse, which was on the alleged
grofitill of imminent danger, which,•however, the
Occurrences, that hail since taken place rippeared
to contradict. He animadverted upon the dan-
gerous distinction which was originally made in
. the Bill, between the subjects of both parts of
time island, which the amendments were merito-
rious for going to obviate. if -the Measure, as
'proposed by Ministers, had any merit, it was the
exception of Ireland from.its-purview ; im circum-
stance which, in his conscience, he-believed would
do sonic good in that country.
Time Earl of Lstmosatrat.rt warmly stmpporred
what had fallen from the Noble Lords on .his side
of the flom.se against the Bill, which he Contend-
il 11,1(1 been proposed to Parliament without a
shadow or tittle of proof as to its necessity, - .•
Earl BaTtiousT arguer) ably in. defence of the
measure, and in vindication of the Report of the
Committee, -which shewed a sufficient grotool for
the Mcasnre, the expediene) 'and necessity of which
had already been decided Ilium by the House, af-
ter long and deliber'ate discussilm.
Vic Earl of LAUDERDALE shortly explained. .
Cittuv spoke at some length against the
contending there was no proof whatever of
its necessity, that the apprehended danger was
little or floodlit; compared to what existed on
former (met ashms of suspending the HabeaS Cor7
pus Arr. especially in the years 1715-22, and
.1745. Under such 'impressions, lie would 'take
lime present opportunity (though lie did not dis
approve of the Ameodinents) of•attempting to ge
rid of the Bmil altogether.

The ()notion was then put, when the motion
for postponing the coridderation of the Amend-
ments to that day three months was rejected
without a diviAion ; the Amendments were
thaiii agreed to by their Lordships. -
The tinier of the Day,• upon which the Peers
were 4iiinimined, which was ppon an intended mo-
tion ot Earl OttosysNott, on the subject of Sine-
cure. Offices and Reversionary Grants, was then
read,•when a short conversation took place, across
the table, principally between the Earls Gaos-
rt,Noa and LivßacooL, the restiit of which was,
tic former Peer was induced to postpone his mo-
tion until to•morrow seltnight.

IRIS/I DISTILLERIES.
The Elrl of DARNLEY adverted to a recent fuo.
tion in his for the production of- Accounts r,e-
'Specting the quantities of Grain exported front
titeland and adverted to the increasing distresses
of th,iviOnntry, pattintlarly the northern parts,'
Arithleferenee to its supply of Corn. The sub-b
jeet tor thought Mot worthy the most serious Lit- ,
t,utiou of his Mt jetty'S Government., which, hel!
,triitted, woithl he turned. to It, mid the Noble
l'Afi wished for iofortinition as to the intentions
ot Ministers respecting a stoppHge of the Distil-
.

'I he Ear! of Ltvearoot, could assure the Noble
Liml and the House, that the project, of which

all 'were aware of the importance. n•as in The
most serious consideration of his Majesty►s Un-
vernment, chiefly Hs it tespected both Scotland
and Ireland. With tesnect to the particular mea-
sure alluded to, he thought that, under the pre-
sent circumstances, its operation would be rather
initltiOLlS than beneficial, as it wonlff go to throw
immense advantages into the hands of a few in-
dividnals, and go to inereattit-the distress,ot others.
The Noble Earl seemed to say a great deal of
what was complained of arose fro►t the unfa-
vourable state of the last harvest.

The Bail Of LAUDERDALE admitted ihat
adoption of the-measure in question woul► 'tend
to throw immense profits into the h►►nds of a Pew
DidiViOttais ; yet, in, another l►oint of view, he
did not seem to think it would be attended with
those disadvantages which the Noble Eat I con-
templated ; and observed, it wo►►ld be for the in-

terest of_stich persons to give_ the highest prices
for the hest grain.
The Earl of DAttivt,PN spoke shortly in expla-
nation. He felt the tpiestion of so Dwelt im-
portance, that he sltould deem it hii duty ere
long to snbnlit sonic peoposit inns on the subject
to the Ilauseldjourned till to-tmmow.