Star.
London, England, 1815-03-22 00:00:00

WEDNESDAY, MARCH 221 1815.

THE PAMPHLE MFR.
1%14 published, price Gs. 64.
rpHE PAMPHLETEER, NO. IX.;
Or, A RECORD of the Best PAMPHLETS of the Day.

CONTEN I'S:
1. CARNOT'S MEMORIAL, addroistd to I.outs XVIII.-2. An
Historical View of the Principal It tut:tuns and IVIILITARY
ORDERS of the CATIIOLIC FRARN'S E.•ay ON Ex-
TRRNAL PERCCPTION.-4. RC,. Arcbd. DAUIMNY'S Address,
giving a CUURCIIMAN'S Realons for declining a connection wtth
the BIBLE 80CM-1-Y.-5. A View of the POINTS to be discussed,
in treating with the UNITRU StA res.-6. Lord GatisvitLes
Letter to the Earl of Fir4Gati-7. Answer to Judge FLETClielt's
PRINTEDCHAROZ.—S. Mr. Serjeant ONOLOW'S Speech on the
Bill for more effectually securing the Lamm' of the Soll►c r.
—9. PRUSSIA and Saxo r —lO. Sketch ol Drs. GA LL and Seu az
ANATOMY and PIIeYSIOLOGY of the BRAIN. lly
Foes An old and curiou► PaenpAct on the Sub-
ject of CORN, AOKICULTURC, &C. 1561. Communicated by H.
Waorvest.tY, Esq M
bold by Gale, Curtis, and Co.; Black, Parry, and Co ; Rod-
well, London: Macredie and Co. Edinburgh; and all other
Boultsellers.

X......

• PARLIAMENTART PROCEEDINGS. I

HOUSE 01 LORD MARCH 21.
A prison from the Court of Chancery in Ireland prisented
Paptio, which were ordered to lie on 'he table.

GAOL FEES Anoixrios BELL.

Lord AUCKLAND moved for the second reading of the
Bill for the Abolition of Clio! Fees.

The Earl of SHAI:VESBURY :tated, that be held in his hand
a Petition front a respectable body of Traders and others attain it
that Bill, some passages of which his Lordship read to the House.
It was then agreed, atter a short suggestion from the Lono
CuAtteEttort, that the second reading of the Bill should be post-
potted tin after the recess.

TRIAL BY JURY IN SCOTLAND.
The Duke of MONTROSE presented a Petitfon from the
County of Stirling against the Bill fur introducing into Scotland
the English mode of Trial by Jury. The Yetidon after some
observations from the LORD CII4II4ORLLON was ordered to lie
on the table.

Mr. Willis and others on the subject of the llel.tone
Election, which, after some observations from the
Noble Mover, and others from the Lord Chancellor,
was orderedto lie on the t4ble.—Adjourned.

HOUSE OF COMMON&
An account, of tle Lipenses of the new Custom House was
brought up.
On the second rending Jodie Orford Harb7ur Bill, the House
divided—Ayes, 36—Noes, t:—Matfrity,
Sir loan MIA Mr. SI rSIZAD.S Motions were
postponed till to-morrow:

• Io.RD crctmAxit.
The SPEAKER-4. I beg lave to call the atten-
tion of the House to a letter which I have just now
rectivt.d. addressed to me, and signed • Wm. Jones,
Marshal of the King's Bench prison'." (Mar, hear.)

• .
The SPEAKER then read the following letter :
" Lobby of the Howe of Commons,
March 21,1413.
" Sit-4 beg leave to Inform you, that having received infnr-
mri tttt that Lord Cochrane who had made his escape from my

eustudys to tht Kt Is'A Itt n:h w.ti in the H new of C
motet, between twn and three n'cice:k this day. I tilt it my dory
in take bim Into comely, end to convey him hick to the King's
Bench. lam now waiting to know, wheeler. in the ovini.Lt of
the House, I have acted improperly—an I 1 will he obl

. . .
you to scare to the House what I have dour. I hope I have not
committed any breach of the privileges of the House; t I have,
it originattd iu an error In judgment, and did not arise from any
wish to give offence."
_ _

The SPEAKER—" Under these circumstances,
any Honourable Member may suggest to the House
the courte of proceeding which he conceives ought
to he adopted."
Lord CASTLEREAGH...m.4e From the nature of
the arrest, and the circumstances attending it, I do
not think, Sir, that the House is called upon to inter.
fere. lam not aware, as the House was not actu-
ally sitting, with the mace on the table, and the
Speaker 1046 e Astir, when the arrest took place,
that any breach of privilege has been committed.—
But, if any Gentleman
.entertains a doubt on the
subject—if any Gentleman conceives the privileges
of the House to have been violated—then it is pr 'per
that a due degree of jealousy should be manifest,d—
and thatran enquiry into the circumstances should Le
instituted.—(ifear, hear.).—lt is not, however, in.
cumbent on me to propose that enquiry—for, as tar I
as I can judge, our privileges cannot be affected by
any occurrence which may take place in the cliAmher
appropriated to the sittings of the Commons of the
realm, whit they are not regularly assembled there.
On one point, I think, there can be no difference of
opinion. It must be quite . obvious t 3 every man,
that the Marshal has not acted wilfully in violation
of the privileges of the House.— (Hear, hear.)—No
blame can attack to him, since he has submitted
himself to the judgment of the House of Commons,
after having done that which he considered his duty
as a civil officer. Having had Lord Cochrane in irs,
custodr, from which he had eseap!dt the blarstsst
was bound not to pass over any justinabie means•of
putting him under arrest whenever a fair opportunity
occurred. As far as the individual officer is concern-
ed, it is quite clear that lie acted from a sense of
duty ; and that it is only necessity for him to know
what the privileges of Parliament are, to act in con-
formity itlt them on any future occasion."
Mr. C. W. WYNNE—" Sir, it certainly appears

to me that the present arrest cannot be considered as
a breach of the privileges of Parliament. (Hear, hear.)
—Let us, in the first place, examine whether an ar-
rest of this peculiar description could be prevented
by Parliamentary privilege. I do not know under
what circumstances any Member of this House is
privileged from arrest, having broken prison, where
he had been confined, in cousequence of a regular
conviction. I cannot conceive how an • arrest, in
consequence could be opposed. Now what arc the 1
circumstances attending the arrest of the Noble Lord :
He was taken on one of the benches of the House,
the House not being then regularly sitting. This
unlit be considered in exactly the same light as if he
' were arrested in his way down to the House ; and it
cannot be maintained, that the privilege of a Mem-
ber of Parliament would, in his peculiar case, pro-
tect him in his transit. The only other point to be
considered is, the entrance of a peace officer, or of
any other person, who has no right to come here,
but by the permission of the House. Undoubtedly,
if :thy officer, acting under a warrant, or any other
authority, catered the House without having received
its previous permission, I should hold that to be the
highest breach of its privilege that could be commit-
ted, and it should not be suffered to pass unpunished.
But, Sir, this applies only to the House when sitting,
and not to the place in which we usually assemble.
These walls arc not peculiarly appropriated to our
use. If, at half-past three o'clock, this day, a mes-
sage from the Throne came down, directing us to
meet, not in this House, but, for instance, in the
Painted Clamber, or in any apartment in the King's,
Palace, we must proceed thither; for we assemble
here only under the writ calling on us to meet in
Westminster—and therefore, Sir, I do not think that
any privilege is attached merely to these wall,. If it
were otherwise. that privilege would be available in
the case of any stranger. Any mass coming within
these walls, guilty of an offence against the laws, and
sitting himself down, would be placed exactly in the
same situation as the Noble Lord. If the House
were sitting, he would, of course, be ordered out,
and he might then be taken ; but if he Caine in here
when the House was not sitting, he could see nothing
peculiar in the place which was used for their assem-
bling in, that could privilege him from arrest. It
appears to me, that the Noble Lord could only be
considered as coming down to take his place—and in
that case, I know not of any privilege that could
exempt him from this particular species of arrest.
If, however, any Gentleman has serious doubts on
this question, the regular course would be, to refer
the letter to a Committee of Privileges—because, in
a case of this kind, if any difference of opinion exists,
the greatest attention ought to be paid to the perfect
exam nation of all its circumstances.
Mr. r [ERNE Sir, I perfectly agree in the
sentiments 61 Me able Lotd, with tweet to thi

PRICE SIXPENCE-lIA LFIII:NNY.

-,.ter_,..:.-~::;

conduct of the Marshal of the King's Benda Prisons
cn this occasion. He c,otainly has sheen no disposi-
tion to co:nmit any offence :!gainst the privileges of
the House, and he has taken the earliest opportunity
to strte what be has done. But, Sir, Ido nut agree
with the Noble Lord in thinking, that this e pre.
seuts no circenictances that deserve to he farther
looked into. We are told that Lord Cochrane has
broken prison. AS a private individual I may know
as a r*::•Mher of Parliament. I am igno-
rant of it. I know that Lord Cochrane was con-
victed, because the record of that conviction was laid
before us ; but I do not know whether he did not
afterwards n:ceive a full pardon. I consider this to
he the case :I a Member regularly elected to serve in
Parliament, and Coming down to take his seat. Now,
Sir, the Moose is rt-gsilqtly aojourned until 10 o'clock
hi the morning—and I recollect one occasi"n, when
the Speaker did take the Chair at that hour. Suppose,
then, a Memher. about to take ids seat, c ime down
hem at an early hour, with the proper d. cumeets in
his hand, and desired to he instrocted in the u.o:fe of
proceeding—and, while waith:g, an officer entered,
arrested him, and took his person away, woisiO not
this be a ease to call for the interference of the H use
I know the individual who has arrested Lord emit.
rave has not manifested any wish to conceal the cir-
cumstance. But it might be the other stay. Some
persons might desire, from shOster motia:ei, to arrest
a Member of this House under these circumstances.
I do not think, therefore, that the case is quite such
a matter of course as the Wale Lord has stated.
Unless, Sir, I hid your authority, which would
weigh much with me, that the case was not such as
called for investigation, I shoul.l wish that the House
would institute some proceeding on the subject—not
against the Marshal of the King's Bench, whose con-
duct appears to be open and candid—but to prevent
the circumstance from being drawn into a precedent
on some future occasion, where the principles that
day laid down, might be made use of for an impro.
I cor fess I feel this matter
to be very new to us aii. It: the sl,ort time which
has darted, since it occurred, i Irtre given it all
the attention 1 could. and on particehe carts of the
case, I have very little doubts. I :he Mar-
shal, 'inchr t'se circumstances which occasioned him
to act, is not likely to fall under the displeasure of
this House.—(Haar.)--Lan, also of opinion, that
the individual who came into this building, at an
hour when the House was not sitting, could claim
no special protection from the place in which be then
was. But I think it also appears equally clear, that
he was legally returned to Parliament, and that he
came down, in order to go through the necessary
krms, and to take his rest. %Vhateeer may be the
toondi of Inqniey, we ought to refer the matter to
a Committee of Privileges, to see whether or not
any foundation exists fair a complaint of breach of
privilege. This will be found the safer course—and,
if k be thought necessary, we are at libel ty to adopt
it.'i

Lord CASTLEREAGIidi I stated, when
beiore addressed the House, that if it doubt arose
iii the m;nctoi any Genii man, it would be ci.;i po-
tent for him to submit a motion on the subject.—
As a doubt his been expressed, and very properly
expressed, I think it right that some proceeding
should b. adopted. Indeed, even if lessdoubt were
expressed, the jealousy with which any thing like an
infraction of our privileges ought to be viewed,
would render some proceeding necessary. I, there-
, fore, move—

" hat the letter now in your hand, and the matter thereof,
be referred to a Commiuet tit PrivilcaLs, to consider the saute,
and report thereon to the House."
On the question being putty
Mr. BENNET rose and said—cc Sir, I have just
come front examining, as one of the Committee, ap-
pointed for that purpose, the state of the King's
Bench Prison. I found Lord Cochrane confined
there, in a strong room, fourteen feet square, with-
out fire, table, or bed. Ido not think it is necessa-
ry, for the purposes of security, to confine him is
this manner. Accordin,r, to my own feelings, it is
a place unfit for the Noble Lord, or any other
person."
Mr. BOOTLE WILBRATIAM--“ When Lord
Cochrane was v sited, not more than half an hour
had elapsed from the time of his arrest, and perhaps
the Marshal had not time to select that situation in
the prison which would be sufficiently secure, and at
the same time proper for his Lordship's accommo-
dation. I trust and hope, it is not the intention of
the Marshal to keep the N9ble. Lord in the place de-
scribed by the Hon. Gentleman. I particularly rise
to suggest, whether it v:ould not answer every pur-
pose, and save considerable trouble, if the Marshal
were called in, and asked, whether the sentence of
the Noble Lord had expired—or whether he had
received his Majesty's pardon ? This, I conceive,
would clear the way for any subsequent proceeding."
The SPEAKER-4, We have before us the record
of conviction, and the sentence of imprisonment for
twelve months. Whether this was done away in any
other manner than by suffering the penalty, admits
of proof. The Marshal has however told us, that
the Noble Lord escaped from his custody. It remains
for the party complaining of breach of privilege to
disprove the assertion."
Lord CASTLERE4GH" A question still re-
mains behind for consideration, nanteiy, whether the
privileges, generally, of this House have not been in-
fringed by the arrest of a Member ?"
The motion WAS then agreed to, anti the Commit-
tee appointed to, sit to-morrow at twelve o'clock.
On the motion of Sir C. MGNCK, an account
was ordered of Oak Timber • offered for sale to the
Navy Board timing seven years past, specifying what
had been: refused.
. Sir JOHN NEWPORT .gave notice for that day
three weeks, of a 'notion respecting an act of Lords
of Session in Scotland, of the 14th of February, in
;* contravention o act of l'alliainent.—Adjourned.
.4 •
4 •f