Star.
London, England, 1810-04-21 00:00:00

IN PARLIAMENT ASSEMBLED,

Tit HUMBLE PETITION OF HENRY TOSKETT, CAPTAIN IN THE
15TH REGIMENT OF LIGHT DRAGOONS.

Saiwzra,

That your Petitioner has been an Officer in the 15th Light
Dragoons about 13 years, and senior Captain in that regiment
above four years. That during the last mentioned space of time,
he has, in various ways, been made to suffer, from his Colonel,
his Royal Highness the Duke of Cumberland, the most injurious
treatment, amounting to no less than a course of systematic op-
pression. That in the year 1806, in a manner contrary to the ac-
knowledged custom and constitution of the army, his Royal High-
ness endeavoured to promote an officer of the 15th Light Dragoon.c,
and junior to your Petitioner, in preference to him, to a Majority
in the regiment, which purpose he was prevented from effect-
ing, solely by the interposition of his Royal Hi,dire.s the Duke of
York, at that time Commander-in-Chef. That your Peli• loner
having, on the above occasion, solicited a week's leave cf ab-
sence, in order the more cettainly to obtain such interposition,
by means of a personal appeal, in support of a Memorial trans-
mitted to the Commander-in-Chief, he was, for five successive
:nontlis,Most vexztiously refused that indule,. nce, although he was
at that very time entitled, under geu..ral orders, to I:ave cf
&enc.: f a two or three months, and a.thou‘li junior officers w. r •
then at alhawed that pertni.;tiota. That your Petitioner, no,-

vettistanding his final success in thus preventing a junior officer
from being raised above him, has, from that time been unjustiy
deprived of promotion, in the ust.al course of his regiment, to thi
injury, not only of your Petitioner, but cf all the Captains and
Subalterns in the corps, whose promotion has thereby been, and
still is entirely swiped.
That in the year 1308, when the 15th Light Dragoons was or-
dered upon foreign service' in Spain, your Petitioner, though Se-
nior Captain, was directed, by his Royal Highness the Duke of
Cumberland, to remain at home with the recruiting squadron.—
That upon complaining to tilt Commanding Officer of the regi-
ment, of a management so inconsistent with the establislietl cus-
tom of the army, and fraught with such extreme hardship to you
Petitioner, he (the Commanding Officer,) disclaiming all partici-
pation in the transaction, referred your Petitioner's complaint
officially to his Royal Highness the Duke of Cumberland, by
whom it was dismissed, and who declared the arrangement to be
I unalterable.

That your Petitioner thereupon thought himself bound to soli-
cit the interference of the Commander-in-Chief, when the Duke
of Cumberland, in explanation of his own conduct, permitted
himself to cast en your Petitioner's character the most injurious
apersions, which, notwithstanding the authority from whence.
they came, were soon proved to be utterly unfounded; as the
Commander-in-Chief, though at first induced by them to sanztion
the arrangement of which they were the :issigued cause, yet,
upon further remonstrance on the part of your Petitioner, and
on further consideration of the case, his Royal highness was gra-
ciously pleased to revoke his consent to the arrangement in ques-
tion, and to direct that a Captain should be sent home from the
egitnent in Spain, upon whose arrival the Petitioner was to be
at liberty to join: a permission, however, of which, gracious and
acceptable as it was, your Petitioner was not able to take advan-
tage, as the regiment soon afterwards returned home, and thus
' your Petitioner was oppressively made to sustain the irreparable
loss of an opportunity so anxiously desired by every British Offi-
cer, of serving his Sovereign and his country against their foreign
enemies.

That your Petitioner having suffered, during so long a time, •
suck heavy and complicated injuries; finding hinuelf shut out ;
from all hopes of advancement in his profession, by the avowed
determination of his Commanding Officer (expressed in terms the
most injurious) not to recommend him for promotion, and at the
same time rendered an insurmountable obstacle to the advance-
ment
of every Officer, junior to hinnelf, in the regiment ; having
iu vain repeatedly call_d for the strictest investigation of his con-
duct, and declared his readiness, and even his anxiety, to meet any
charge that could be brought against him; and perceiving that
fresh complaints of ill-treatment only served to subject him to
fresh aspersions, your Petitioner saw that he had no chance for
redress, but front the justice of the Commander in Chief. That
he therefore, in the month of July, 1809, laid his case before
Excellency, imploring his interference and protection. '1 hat this
communication was accompanied with testimonials to the unde-
viatiug good conduct of your Petitioner, from almost every Com-
manding Officer of the regiment, under whom your Petitioner
had served; and who must have had tar better opportunities of
observing his general deportment than his Royal Highness the
Duke of Cumberland. That while your Petitioner's complaints
were before the Commander in Chief, his just claims to promo-
tion were again defeated, by the introduction of Officers from
other regiments, to fill up the two Majorities of the 13th Light
Dragoons, which were then vacant. That seeing himself thus
excluded from all prospect of relief, in the ordinary course, your
Petitioner was reduced to the necessity of soliciting from the
Commander in Chief, an application in his favour of the 12th sec-
tion of the Articles of War, which states that—
" If any Officer shall think himself to be wronged by his Co-
' land, or the Commanding Officer of the regiment, and shall,
upon due application made to him, be refused to be redressed, he
may complain to the General commanding in chief our forces, in
I order to obtain justice, who is hereby required to examine into
such complaint, and either by himself, or by our Secretary at War,
to make his report to us thereupon, in order to receive our tar-
Cher directions."
That your Petitioner accordingly, on the 26th of September,
1809, addressed a letter to Colonel Gordon Military Secretary,
for the consideration of the Commander in (thief; in which, after
briefly recapitulating the injuries of which he had ineffectually
complained, he expressly requested the Commander in Chief, in
conformity with the 12th section of the Articles of War, to exa-
Aline into the complaint which he had laid before him, and (unless
he was graciously pleased to afford him redress) to make his re-
port to his Majesty thereupon. That this request being attended
with no other effect than an offer of promotion in a regiment of
infantry, which your Petitioner could not accept, consistently
either with his own just claims, his wounded feelings, and his as-
persed character, or, in the situation in which he was placed, with
what was due from him to the army, he has since, in two subse-
quent letters, explicitly repeated his request, that the Commander
in Chief would investigate his complaints, and report to his Ma-
jesty thereupon; to which request he at length received an official
answer from the Military Secretary, dated Feb.l2, 1810, and
ebuched in the following terms :

"SIR—I have not failed to lay before the Commander in Chief
your letter of the 10th instant, and I am directed to acquaint you,
that Sir David Dundas does not see sufficient grounds for com-
plying with your request. (Signed) " it. TOR RENS."
That by this refusal on the part of the Commander in Chief,
to comply with your Petitioner's request, as above stated, unless
your Honourable House shall be pleased to afford him relief, he
has no means of redress for the wrongs which havobeen heaped upon
him, in his military character, inasmuch as the 12th Section of
the Articles of War affords the only remedy, of which an Officer
of the army, who has been wronged by his Colonel, and by him
refused redress, can avail himself; and that, therefore, the denial
of justice in your Petitioner's case, by the Commander in Chief,i
in direct violation of the Articles of War, is a most serious in-
jury, I,
not only to your Petitioner, but also to the whole army, by
rendering nugatory the only remedy afforded to Officers against'
the acts of their superiors ; and by thus depriving them of the
inestimable right, so amply secured to every other Cl2/13 of British
subjects, that of employing the means provided by the Law and
Constitution, for the redress of oppression and injustice.
All which, your Petitioner most humbly submits to the consi-
deration of your Honourable House, being ready to verify the
same, and he implores your Honourable House to afford him such
relief as to its wisdom shall seem meet.
And your Petitioner shall ever pray, &c.
(Signed) HENRY FOSIEETT,
Captain 15th Light Dragoons.

BRISTOL ASSIZES.

BRISTOL, APRIL 19.

On Monday last, Sir VICARY GIBBS, our Recorder,
arrived in this city, to open the commission of Oyer
and Terminer. From symptoms of no dubious cha-
racter, it was evident that a commotion among the
people was to be apprehended, and the Magistrates
requested Sir VICARY to hasten his entry before dark.
A mob, however, collected in the evening round the
Mansion House, assailing it with stones, dirt, &c.
and rending the air with shouts of ‘‘ Burdett for ever
—No Tower !" &c. from thence proceeding to the
Council House and Guildhall, breaking the windows
of each as they passed. From the temperate beha-
viour of the Mayor and Aldermen, who went amcng
the people, and reasoned with them on the impro-
priety of their conduct, and the exertions of a num-
ber of individuals, who volunteered as Constables, 17
of the most turbulent were taken into custody. This,
and the timely publication of hand-bills on Tuesd•ty
morning, completely restored the tranquillity of the
city, and Sir VICAItY was enabled to proceed on his
commission, which being opened in prep it form, and
the Grand Jury sworn, he addressed them in nearly
the following terms :

" GENTLEMEN-It becomes my duty, in calling
your attention to the presentments about to be laid
before you, to suggest the necessity that presses upon
you, of being cautious that neither favour nor partia-
lity to indivijuals, on the one hand, nor too acute
sensibility oil die other, swerve you from the strict
line of duty. Before, however, I proceed to notice
the particular features of the calendar presented to

me, which I arn sorrt to observe is much hear!er
than what usually this city affords, I cannot /strain
from expressing the deep concern with wnich I
netsed the tumultuous proceedings of last evening.—
*hat motive could the promoters of that disturbance
have in view ? No state of things can justify an ap-
peal to violence ' • and I flatter myself that not one-
fifth of those who were assembled in the streets, were
disposed to do mischief; they were drawn together
perhaps from curiosity, or from idle disposition, though
there doubtless were persons of desperate characters,
whose delight was the commission of evil. But it is
proper that the unwary should be informed of the risk
they ran. If mischief had ensued, and there should
have been loss of life, every one, however innocent
his intention might be, who was counteilane:ng the
mob by his presence, would have been indictable fur
murder. An attack was made on the Mansion-house
with stones and other hard substances—every one then
looking on might be said to be aiding and abetting
that attack, and was amenable to the law for all its
consequences. One would suppose no one could be
fOund to engage in so unequal a contest ; for in
cases of riot, every man may be tailed on for his as-
sistance in quelling it, and if life should be taken, the
act is held innocent, whilst every one rioting is sub-
ject to the severest punishimnit cif the law ; and very
few cases occur, that some feel not its weight. •I
trust, GenCenen, that all is now over; but if any
recurrence ,h ,uld take place, prompt measures are
ready to suppress, and the utmast rigour will be used
in punishing the delinquents."
Sir VICARY then proc.Aed t.) notice the various
offences in the calendar. He took an opportunity of
observing, in regard to duels, 44 that if two men had 2
quarrel in the street, and proceeded in the height of
passion to blows, and one of them should be killed,
i: was considered as manslaughter ; but if there were
time tor- reflection, which was generally the case, (the
very arranging and fetching the weapons giving that
time), the case was materially altered ; and that if
one tell, not only the person by whose hand he len,
but every one aiding and abetting, eithi.a- second, or
in any other capacity, was equally guilty of rnmar."

PARLIAMENTARY PRECEDENTS.

The power exercised by the House of Commons in
the reign of Oucen Anne, to imprison the King's sub-
jects, was not only strongly opposed by the Judges
and several eminent Lawyers, but the House of Lords
also took up the cause of the people on that occasion
with uncommon spirit. The particular case of pri-
vilege then in dispute arose out of the imprisonment
of several voters of Aylesbury, for having brought
actions at Common Law against the constables of
that town, charging them with rejecting their votes.
The House of Commons did not, however, confine
the exercise of their privileges to the imprisonment of
the voters, but also committed the Counsel and At-
tornies who moved the writs of Habra: Corpus. On this
memorable occasion, the virtuous and independent
Lord Chief Justice Hot.: publicly expressed his indig-
nation at what he conceived to be an infringement on
the laws of the land ; whereupon the House of Com-
mons sent the Serjeant at Arms for the Judge to ap-
pear before them ; but that immortal and resolute 4e-
fender of the laws bade him, with a thundering voice
of authority, "Be gone !" On which they sent a se-
cond message by their Speaker, attended by as many
Members as espoused the :neasure. After the Speaker
had delivered his message, his Lordship replied to him
in the following remarkable words Go back to
44 your Chair, Mr. Speaker, within these five minutes ;
" or, you may depend on it, I will send you to New.
gg gate ! You speak of your authority—but I tell
44 you, I sit here as an interpreter of the laws and
distributor of justice ; and, were the whole House
gg of Commons in your belly, I would not stir one
44 foot !"-,-The Speaker was prudent enough to re-
tire; and the House of Commons were equally pru-
dent to let the affair drop.

The subject did not rest here, however, for on turn.
ing to the Lords' Journals of the 26th February, 1704 y
we find the right of the House of Commons to im-
prison solemnly questioned in the following truly con-
stitutional Resolutions :
1. That neither House of Parliament bath any power, by any
vote or declaration, to create to themselves any new Privilege
that is not warranted by the known laws and custom of Parlia-
ment.

2. That every freeman of Eng End, who apprehends himself
to be injured, has a right to seek redress by action at common
law; and that the commencing and prosecuting any action at
common law, against any person not entitled to the Privilege of
Parliament, is no breach of the Privilege of Parliament.
S. That the House of Commons, in committing to Newgate
Daniel Horne, Henry Basi, John Paton, John Paty, and John
Oviat, for commencing and prosecuting an action at common law
against the late constables of Aylesbury, for not allowing their
votes in election of Members to serve in Parliament, upon pre-
tence that the said Daniel Horne and the others, bringing such
action, was contrary to a declaration, a contempt of the j sesdic•
tion, and a breach of the privilege of that •House : have a.,sumed
to themselves alone a Legislative authority, by pretending to at.
tribute the force of a law to their declaration ; have claimed a
jurisdiction not warranted by the Constitution, and have assumed
a new privilege, to which they can chew no title by the Itw ant
custom of Parliaments ; and have thereby, as far as in them lies,
subjected the rights of Englishmen, and the freedom of the per-
sons to the arbitrary votes of the House of Commons.
4. That every Englishman, who is imprisoned by any mein".
rity whatsoever, has an undoubted right by his agents or friends
to apply for and obtain a writ of habeas corpus, in order to pro-
cure his liberty by due course of law.
5. That for the House of Commons to censure or pir.ish any
person, for assisting a prisoner to procure a writ of hab..4. c.,rpus,
or by vote or otherwise to deter men from solici-ing, prosecut-
ing, or pleading upon such writ of habeas corpus, in behalf of
such prisoners, is an attempt of dangerous consequence, a breach
of the many good statutes provided for the liberty of th, subject,
and of pernicious example; by denying the necessary 7.-si.rance
to the prisoner, upon a commitment of the House of Commons,
which has ever been allowed upon all committntnts, by any au-
thority whatsoever.
6. That a writ of error is not a writ of grace, but of riifit,and
ought not to be denied to the sub;ect, when duly npplted for
though at the request of either House of Parli-tn n-:.t, the denial
thereof being an obstruction of justice, contrary to Magna Chart&
When Mr. WILKES applied to the House of Coin-
mons for protection, when he was charged with print.
ing a libel, they declared that their privileges did
41 not extend to the case of a seditious libel.
" Ia
other words, they into him that a libel was a
misdemeanour cognizable only in the Courts of Law.
It must appear curious to mmy, that. with this de.
ciarati. it cn their Journals, the blctre should hare
proceeded in some recent cases, to constrnellbel in o
contempt, punishing it by their own sumr-
diction.—(To be continued.)

•

Lri jur•s-