The Sun.
London, England, 1818-01-30 00:00:00

bad
to
was

1)!I
joir

wing
goo.
01'

ointf

.port
Idtr

~~3~.

V {us

rouse
4110
frofl3
itt

•
bee'
11 Elie

t file

it
001'.

e
dief
dli6;

'u ,
0
y tt
"'

he decisive as to their Legality: So there was no
remedy against these recognizances now to be ex-
pected from the Court of King's Bench. What
!nabled Government to get these recognizances
but the Suspension Act of last year There was
this ,material difference between recognizances,
obtained during a Suspension of the Habeas Cor-
pus, -and those which might be given at any other
tune---that during the Suspension Government
could remand to prison, unless the recognizance
teas entered into. The intention of the Bill to
repeal the 'Suspension, was to undo, as much as
poSsible, what had
been done by the Suspension ;
and with this view the clauses seemed absolutely
beeessary.
rxl'rr's Lis SOLICITOR-GEINFRAL said, he must again
wide dissunt from the opinions of his
v • auh Learned Friend (Mr. Brougham), %rho
7' P+lt the case on the recognizances having
foe n vol curably entervd into, and said that there-
- thr` the Court of Icing's Bench must pronounce
15,f0e;Inlvt(Itlit)ee le
rifler or
gal: So far from this, the question
reeognizances were given, whether
not, would not 'oe taken .into con-
ti(leerat•i9n by the Coml. 1-he COurt would de-
latt st7lelY upon the pOwer of the Magistrate to-
ut recognizance, and not upon the mode
th \lhich the recognizance was given. The au-
:r ft of the Magistrate, and not the disposition
Te2eeling of the person entering info the recog-
res"icie!, Was that upon which the Court would
'tttaisi"dgaient. The Court of King's Bench
it not s'iy a recognizance was legal, because
taxi) voluntarily .given ; and that being volun-
pYgi'ven, the person who chose to give it was
pet, ;rilillert to a remedy. • The repeal of the Sus-
the ten Act had no more to do in'this House with
t•ei:egality of the recognizances than the volun-
tiir;dess or involuntariness of the act of granting
(;)-Inwouhl have to do with their legality in the
• )urt of King's Bench.
LeSir SAMUEL Ronteev said, that 1):s Hon. and.
„artied Friend, the Solicitor-General, wished to
ereseut that his Hon. and Learned Friend (Mr.
Igharn). had shifted his ground when he at gned
lat the recognizances were voluntary ; but that
it4ise firld(''ts the
case,
for his Honourable and Learned
(Mr. Brougham) -all along rested on their
• IleiNg voluuarily granted-
~heATTOßNEY-GE.NERAL repeated that lie would
tiitye before now discharged all the recognizances,
4 !te not that by so doing, after what had been
441 by the persons bound in them, it would have
..
temed that by discharging them he wished to
the discussion of their legality.
ii,lTrEW:BtranouGns said that no good reason
Hatt cell assigned for rejecting the proposed
thBtes• It was no light thing that recognizances
44.14" be kept hanging over the heads of those
.X-I),""uate persons. He therefore hoped that his
41,-",.'e Friend would take the sense of the House
1.) • '
k‘..1(1 FOLICESTO.NE said, if the Attorney-Gene-
tiiat -ould only say that be would mote in Court
111,? recognizances should be discharged, pro-
Patties were willing, he had no disposi-
puss the clauses upon the House.
• The A.,
si, TortNEy.GE,;NERAL said, he would have
Were ,--C" a motion long ago, but that the patties
:esnived to take their legal objection.
tth1(7,1104-xesTotrs then withdrew his. clauses,
*e till was read a third time and passed. ,
I TREATMENT OF PRISONERS.
• A
ea" IcOLKESTONE called-the attention of the
fro„;N-`(9 at Petition which he held in 'his •hand
o'tr cunt of the persons who had appeared.before
The. I, itt n of King's Bench on his recognizance,
aHittetition complained of cruelties. commute(
r
tue Petitioner in his arrest and' confim-
. .
bl,,:lhe Motion of the Noble Lord, the petition was brought
1tii;,,,14 "le Clerk proceeded to read it: It proved to be from
iunned Francis Ward, of Nottingham, and stated -at
IVlte,,.".„"th the circumstances of .hisarrest and inaprisonnien
• 4 Clerk.had read a great part of it, and had come
the
ge 41 which the bed' and bed-clohes assigned to t
I. ()ht.). hart a strong. sulphurous ""E"'
nt 41,uji P't nab: kA I'ON'E said; the petition was so very longand
~)te in its tit tails that it might occopy too much of
file House. He would therefore propose thaltd thei
ttar,l4l'llould lie upon the Taliie, as the. House
.wou he
•~tt judge at the nature of the grievances which firmed
Nly of the
~tstid,::MORNE rose to order.' Ue apprehended it was
Iv "the House Cu hear a Petition-read through, provided
tsi.,„*,•'„s,uch-as the Noose would allow to lie upon its tattle,
.The Petition was begun tolie read.
stf 0 1-4(
,"EISTONE said he only wished to save the tine
4,n„ Li. C. !lieu resumed reading, but the House manifested
floe ati.er Only was read, which was for
ti..(ffft,t 1;.le House might deem proper. ,
tltie Petition should lie on the table,
*Lid; said that this-was only One Of many instances
con,e to his Cnou ledge-evineing a system of cruelty.
• State Prisoners, the I,:gt year; he would re-
n'l(l that im futtive day an inquiry should be moved
'
y to
• .t
C '•
LEREAGH hoped that notice would be given
Tcutiti;) for suzli an inquirs'.
I,,,iiiiejetition was then orderedto lie on the table, and to be
,•-t%)1..KE5'1'07.7,E presented another Petition from.
Of Nottingham, stating that. k . Ward-, the
c,;i7ut from whom the LISA Pt tition came, was a man of good
4
i• tied pr•ryiuri the House to aftsord him such chef as
te'l Wisdom they cuptit think proper.—Read and ordered
.ory he Table, and to he printed.
()Lel' OLKESTONE gave notire,that no this day se'nnight
jtu.ould move that these Petitions he taken into considera-
.. •.

sco-ren BOROUGH REFORM.
ha qrl A
• HANIIIXON gave notice that on the 12th of Feb-
tAif
elutra-of the l'e would ii.ve for cerrain papers relative to the inter- Borough of Nlotitrose. i

CLIMBING BOYS.
‘, • ..
t ",• Br.I\ZNET presented a petition from the parish of St.
.4'''ew, Holborn, against employiag climbing boys.
IRISH GRAND JURY PRESENTMENT.
' m
' 11,i."'• V. FITZGERALD, according to his notice, moved to
);'"g in a Bill to at peed the opetatiou of the Grand Jury
• rNuninent Act of last Session. He supported this motion
. ;1.'1,.4,Deee1l of some knot!), in which he staled that surveyors
;41'd not lie obtained, ''quitlifird in terms of the Act, and that
1:'! time of presentment was inconvenient, the spring Assizes
Yui, .- •
?titsN fitter tor the purpose than the summer Assizes.
• .• for
--,, t .d that th • result of laborious.
4,•,. ..., , .. It,ret t L
,'',l•cli littrin); two Sessions, and a result which had obtained
ie unanimous approbation of the House, should be thus
1'11s1)•11,led. lie would be candid enough, as on all occasions
• - t ' wished to be candid, to adroit the difficulty of gettiog
i'lfreyors • bill' he would ask whether any pains had been
5'441.1.* • . ? ,- '
i, t .o get Itient He would not, however, object to the
spensiou, it ;low her measure was to he prepared to re-
II; •
o‘e the objections now urged ; if not, he must Colainaill 0
lh , 1
,I t.
"iss of till their labours. He hoped that the Hon. Gen
.."'"an had not relaxed in his zeal, and that the Irish Go-
Vernmeot had not thrown obstructions in the way of the Act..
7,ndAir. FITZGERALD explained. He thoug,ht it more manly
_letnoire.candid to come forward himself, to withdraw an
which he had introduced, when he saw it to be itoprac-
ti,cr.ble, than to leave it in a state of useless existence, oi• to
'N'•:o,:ge others to call for its suspension. He trusted that do
v , "In''' "f the nottse woold suspect the sincerity of his m0',4,6.
',4,6. I; it should be in his power, he would bring forwai'd

anothef measure that ivon!cl not be liable to the same objec-
tions. . . _

Mr. PEEL said, he had understood the Honourable Gen-
tleman opposite to have called in question, first, the disposi-
tion of the Gentleman who had introduced the Act, and next
the disposition of the Irish Government to early it into effect.
It was impossible to deny that the act had met with much op-
position. Surveyors were to be appointed, one to each county,
some at a salary of 3001. or 4001. and some at 600/. It was
obvious that the utility of those surveyors depended on the
confidence placed in them. The Act empowered the Lord
Lieutenant to appoint three Commissioners. It was anxiously
wished that these CommissiOners should be persons uncon-
nected with the Government. Mr. Telford, M ajar Taylor,
and Mr. Johnson, were the three Commissionets. His only
instructions to theta were to judge of the competence of can-
didates, and to report thirty-two individuals whom they
should find qualified. The only observation he had
added was, that local connexions . and local recom-
mendations should not be relied on. The Commis-
sioners continued to devote nine holm of every day for se-
veral weeks to this business. Not fewer than 95 candivates
presented themselves, sonic of them men of great profes-
sional abilities. Yet the Board found none who possessed the
necessary experience and practical knowledge, and therefore.
granted no certificate. The Act was altogether delusive. It
only gate the Government of Ireland the patronage of so
many places. This lie had no hesitation now to mention, as
the Act was to be suspended. The suspetthion was only till
the termination of the Session.

Mr. ABERCROMBY explained.
Sir HENRY PARNELL tfiought the difficulty of obtaining
Surveyors not a sufficient reason fur suspending the, Act.
The Hon. Gentleman ought rather to have suspended his de-
cision for some time. Be deprecated a recurrence to theenor-
moos expenditure to which counties had been exposed.,--
The Act now proposed to be suspended was founded on the
principle of controul over this expenditure, and of inquiry
into its propriety. He trusted this principle was not to be
abandoned. The Hon. Baronet concluded by referring to
the discontent produced universally in Ireland, by the enor-
MOUS sums of money expended upon the presentments of
Grand Juries, and earnestly hoped that some other Bill would
be introduced during the present Session, because, if longer
delayed, he feared it would be impossible to bring the House
again to the same. temper, which had happily prevailed upon
this important subject, whets the Bill which it was now pro-
posed to suspend received the approbation of Parliament. •
• Leave was given to firing in the 11111 for suspending its
operatio❑ till the next Session of Parliament.