Star.
London, England, 1819-12-14 00:00:00


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mode.*f proceeding, which would send a case of
conteMpt to be tried in an inferior Court—Weser,
hear).—But -in this instance, whatever the feeliog
might be of the gravity of the offence, he hoped no
excessive punishment would he laid upon theoffender.
Mr. COURTENAY stated, that he had been about
to precesal in the regular way, of moving that Mr.
Hobhouse be committed to Newgate, when an Ho-.
nourable Friend of that Gentleman's came from tho
opposite side of. the House to him; and requested
that he would move the committal to the custody of
the Serjeant at Arms, in place of that to Newgate
he had therefore made his motion to accommodate
Mr. Hobhottse, and had no intention of aggravating
his.punishment. But from- what the Honourable and
Learned Gentleman had just now stated, he was lefk.
without any alternative but that of moving that he
be committed to Newgate. •
Mr. BIWUGHAM explained, and .said that he •
could not have supposed that it was the wish of Mr.
Hobhouse to incur a double punishment—he cotdd_
not but conclude, prima fireie. that the increase of
punishment would be regarded as a severity; but if'
it were the wish of Mr. Hobhouse that he should be
committed to the custody of the Serjeant at Arms,
he had no intention of opposing that motion.
Mr. ELLICE said, that he entertained a warm
friendship towards Mr. Hothouse, and that feeling
had caused him to inquire into the state of the prison
referred to ; and the result of that inquiry was, that
if Mr. Hobhouse were committed to Newgate, he
could not be confined but in a ioom with a convicted
felon. It was the knowledge of this which had in-
duced him to request the Hon. Member to move for
the custody of the Serjeant at Arms, not being aware'
of any additional fees. He thought it right to take
the blame of that motion from off the shoulders of
the Hon. Mover upon his own.
Mr. 'C. W. WYNNE -observed, that in cases of
committal to Newgate, the party should be first in
custody of the Serjeant at Arms, or his Deputy; the
Officers of that House. There were, however, some
precedents of committal to Newgate when the parties
were not in the custody of the Serjeant—but then
they were at the Bar of the House, and so the House
had possession of them, otherwise they could not be
committed to Newgate. As the House &old only
empower its own Officers to execute its warrants,
Mr. Hobhouse consequently could not be. committed
fo Newgate until first taken into custody by the Ser-
jeant, unless he chose to surrenderNmself, and would
voluntarily go to Newgate and request the Jailor to
take him in; The Honourable Gentleman then ad-
verted to the case of General Clavei ing, who had
been' guilty-of prevarication at the Bar of the house,
Aid wit° was thereupon committed.
• The SPEAKER rase to a point of form. He said,
that where the ulterior design of the House was to
commit to Newgate, it was not necessary that there
should be a previous order to the custody of the Ser-
jeant.. There were a great many instances of direct
committal to Newgate by order of the House. In
those cases, there was not, as the Honourable Gen-
tleman supposed, any want of proper persons to exe-
cute the order, as it always conclaalcd by a request
to the Speaker to issue his' warrants, one of v. :ich
warrants was to the Serjeant at Arms, to take the
offender to Newgate, aria the other to the Jailor to
receive ltim, the neglect of which order, ua the
part of the Jailor, would certainly be a gross con-
tempt of the privileges of that House. It was there-
fore not to be doubted, that the mode, of immediate
committal to the Jail mentioned, was one not at va-
riatice with established regularity.
Sir C. BURRELL alleged, that the Jailor of New-
gate would have no right to take charge of r prisoner
without a proper warrant, and therefore Mt. Hob-
house roust deliver himself—(Cries of No, no 1
Mistaken ).
The SPEAKER supposed that the Honour
Member had not heard distinctly what he stated
again defined the course of proceeding, and remai
that any refusal of the Jailor would be immediate)
treated as a gross contempt—(Hear, hear).
Sir C. BURRELL bowed to this, bpt look an
portunity of reverting to the statement of an Honour-
able Member relative to the situation of the prison.
It could never be meant to send a Gentleman of
Hobhouse's condition of life into contact with fell
and the House, he was sure, had no desire to pr
him with this severity. He pot it, therefore, to
in common kindness, to allow time for considerini
to what place of confinement he should be sent
''‘ The SPEAKER—Has the Honourable Baronet
any Amendment to pi-.7.ase ?
• Sir C. BURRELL-1 move,- as an Amen
that after the words " committed to," instead
Majesty's Jail of Newgate, the words " the ct
of the Serjeant at Arms" be substituted..
Mr. ELLICE seconded the Amendment.
. Mr. COURTENAY. said, this put the maveen
erectly to where.it was, when the Honourabl
demon opposite (Mr. Brougham) thought .
.attack him. He assured the House that he was
mated by the same feelings as the Honourable
trona, and the Honourable Seconder, and
ivished it to be ascertained whether Newgate ,
a proper state to receive the prisoner,• he should
iingly.aecede to the Amendment.
Sir C. BURRELL trusted that time would
given, in order to have the necessary accOmmod
completed.
Mr. COURTENAY had no objection that
' author should be taken into the custody of the
jeant at Arms, instead of his being committed
Newgate—(Hear, hear).
Mr. Alderman WOOD stated, that the
Newgate was at present so crowded, that'it
be quite impossible to commit the author t
prison, without associating him with felons..
lieved he might undettake to say, though
not absolutely authorised to do so, that some _
of confinement within the prises would be offered.
Mt. Hobhouse wert_committed. He said isidita

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arked,
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He be-
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