Star.
London, England, 1817-07-03 00:00:00

THE NEW C•INAOL

- - _
Mr. WELLESLEY • POLE moved that there be laid before
the Hesse au Acacia:a af the Esyease &tending the late New
Saver Coinage.
Mr. JOHN said. everyman In Great Britain was un-
der the greatest obii4ation to the Right Honourable Gentleman
(Mr. Wellesley Pao for his exertions at the period of the New
Coinage. He had then displayed a degree of activity which be
had never before witnessed in any person.
Mr. HANIMERsLEY and Mr. ORENVELL added their
testimony to the value of the eervices of the Right Honourable
ciessditubia.
. o.lr. WELLESLEY POLE said, he could not have ceodocted
the business in she manner be did, had be not received assistance
from the gm( body ut Balkan—l be Account was ordered.
CHlJOlskili-cWRAWRit's iteclui.ratOsi DILL.
Mr BENNETT steed, that from the advaneed period of the
Session, he was reluctautly obliged to move the postponement of
the ftcoad readieg of the Chimney Sweepers' Regulation MI to
'Lis day three mouth*. .

COUNT OF FICKZQUZR.
Mr. H. MA aTIN moved for leave to bring in a
13111 for the better securing of the money of Suitors in
'tile Court of Exchequer. He stated the nature of
the otfttc.ot the itenterubtaucer of the Court of Ex-

Mr. 11 R HA In rising to draw the attention
of tie House to the C.lst! -I Mr. Evans, of which he
had previously given notice, he thou& it ain;co un-
neeessary to say, that lie WAS nut influenced by any
personal feelings liosthe to the Noble Lord et the
head of the Home Department ; from that N•1(12
Lord he h.id ever experienced the most marked po-
literese and civilly, an.s ihdeed thought him s
man aoainst u loam it would be wholly unjustifiable
to bear ail personal hnatiity. lit this opinion lie
telt much pleasure in including the Right Honour.
able Gentleman opposite (Mr. Hiley Addingo-n).—
Neither was he actuated by any party motives, nor,
as he lelt confident, by any partietil .r bias by which
the mind might be almost in,. uti sly hullo 'mod from
strong imptessions on political topics. Dialog a L.og
period of his lice he had brio ranged on the same
!side with the Gentlemen opposite, and had suppixted
the same measures which they had countenanced,
and though now appearing in opposition to diem, he
could not accuse honselt of wanting political con-
sistency. The extreme,: of action approached more
closely in effect titan lathy pt-rs'not Wir:. aware (If.--
Monarchicel principles, when pushed to an excess,
were attenctd by itter:eqiienci4 no less dangerous to
society, ll!dlt those of a democratical tendelicy. If
the for:Tier succeeded. liberty must Fes the let-
'ter, Government itielt was at an end; but the liberty
of the cottim y was so claoly interwoven with ite hap-
piness, an:l was so essentially the principle on which
our Cons:itutirm was formed, that any c.rcunastances
by which it was en.fangered must affect the eststence
of the Goveroment itself. Oii former occasions he
had supported the Government to preserve it, and
hr now oppoaed it with the same object. The cha-
racter and complex;on of Vie times had considerably
altered ; things mere now done Which would n( t have
been permitted in other times, and words now re-
ceived with displeasure, which were once the theme
ot approbation. Of' this it- was unnecessary to ad.
ranee any other instance than what had occurred on
a former night, When an Honourable Member quo ed
the words ot a Noble Orator, and said, that it the
Constitution were in danger, he should prefer a revo-
lution to slavery. This sentence was met by the op.
polite side not with a murmur, but with a clamour
of disapprobation. Was the sentence new ? Was
the principle adverse to that of our Constitution ?
He should be glad to hear any of those Members
who pitied in that clamour, get up and record his
opinion, and expre.s h.s host lity to what had hereto- I
tore been styled os the glorious Revolution." He
should be glad to hear him state what his conduct
would have been when Kiag William landed in this
country, when, as it must appear to such Nlernber,
the peopie entered into a traitorous &nit:piracy to pre-
vent King James from for,;iog the thaws of shivery
--he should he glad to hear him explain the nature
of his alleoi ince to the present Royal Family, who,
on such principles, mato be Usurpers—(ll(ar, hear).
When this subject of Islr. E.v ins's Peti.ion Was. on a
former night, alluded to by him, in the House, the
Right Honourable Gentleman (Mr. H. Addington)
rose to reply with considerable warmth, when the
authority of the Speaker interrupted the debate. No,
Person bowed with more deference to the authority
of the Cltaiethan be did. •• The time in which you,
Sir," continued the Honourable Member, addressing:
the Speaker, " have filled the Chair, is certainly
short; but the House has been already able to apell
pfeciate t!..e manner in which you execute your high
duties. It matters not now how particular Members
might have voted on the diction, but the election
being completed, there is none who does not reel sa-
thfactian at your elevation, being convinced that
while you fill that Chair, and long may you fill it,
you will do so ter your own hon,sur, and the advan-
tage of the House."--(!:ear, hear).—On that occa
Ilion, he continued, the Right Honourable Gentle-
maa asked, with some warmth, how could it be ei-
I (acted that he should know what had happened
within the walls of a prison Perhaps the disaribu-
non of ofbcial duty did not place the prisons under
the Care of the Right Honourable Gentleman, but
the Noble Secretary aif State far the Home Depart-
ment must be aware, either by hints-At or his agents,
of covey thing salnch happened in the pri-ors, and
must also be account able for it. great powers
were required, great responsibility must be under-
taken ; and he would ask, if the Noble Lord had
deprived toe State Prisoners of aH usu proiectiort,
by preventing the visits of the public, or even of the.
Magistrates ot the Counties; There might, un-
`-cloubteuly, be some disadvantage in admitting the
,visits of every individual; but in this case the exclu-
sion was niiversal. An Honourable Friend of bis,
(Mr. Bennett), of whom, if not then present, to
bnould say that he was one of doe most valuable Mem-
bers of the House, had been refused admittance to
those State erisoners t and he believed it tne great
Philanthroj.i .t (Mr. Howard), to whom every pri.
son door was open in the must barbarous countries,

• was alive, 'and Was ;. i present . imselt at the gai4.,
though he hims If hed appointed the gael•r, the dqor
would be shut in his face. and the gaoler .t his ap.
pointrnent would say to flint, 1. Here is tile ord• r foe
your eeclusion, and it is signed by a British Secre-
t try of f.'eate."—,( Near. hear, freer tie IWCti/10/2)•••••
It hid been said, that t ,ete pt ineier. ad been inch:-
termed merely eir ninon •ece. T. 14 he denied , !her
wfre ithprisoned i..r prey nitent only, but they were
stillerii.g punishmeet —(lfear, hear). —T hey w..r:: en.
ni..hed, pee in cases whet_ no ginit existed. One wte..•
had sutfe.e.l rather a Ineg imprisonment had heen
I stele brought to nisi!. with every necessary prepare.
min, telt tie was deelated intn.cent t the charge. Ile
was acquitte.l, not iinin any technical deficiency in tht
evidence, but Irons the opposition which he trusted
a lir:t $!1 Jury would ever evince to any tieing that
%Avowed of persecution. But if this mail, so ac-
qii:tted, having undergone has repent ince. emaciated
in body, and broken down in spirit. were to meet !be
person who had oppressed him, he might say to him.
—" You have pet me an my repentance. but I have
done nothing to repent of. Go. you unjust man, ant
piece yourself in nay situation; vaunt the hour: of
si.ilielry alai km r a as I have doae ( Near. hear); stretch
yonreelf day after day, and Mein after night, on the
teed on which I have found t.o rest (Hear, hear); feel
in the cheerless despondency of a dungeon the misery
of knowime th at teen safe and your children are
ruined (Hear: /err) i atter you have had Vat rips'.
rience, w:sen you ageiii pr Tose a law to confine tor
'repentance, perhaps ).•u will quality it with come
consideratiiin." Wear, hear.) Punishment of such a
nature should not be lightly inflicted, and the repine,
Lance, it any, should be felt by those who sanctioned
it. Ile had dwelt on this point the more, because it
wa as frelh.g in the Ilenite moat such a power could
du no nip,' y, and might be ortiended with gond re.
siin.e by mealit. of intimidation. It might do so, but
it WAS as lately to intimidate the good as the bade"
and such wbergein was of the worst possible descrip..
then. Witir respect to Evans's Petition, that part ot
it which allteled to the interruption and stiscarriage
of a tinnier Petition was .to be explained. It could
not he supposed that a man would be mad etiongh
to pewit in lea Petition a circumstance which no
knew t i he false, and which could be so easily de-
iected lay ats hirence to the Joura•ls. T:tete must.
therel ore, eitlwr have been, two Petition: ; r.f, what
tsar nano proninle, the ;ew man was so %%oily sea.
eluded from the wield, he was quite ignorant that
hie,,Petition was presented. The ute nt. irons Was
explained, by a reference to the practice of the gad;
but that was of no avail, for why were the State pri-
s-mers'sent to a gaol whore such a practice existed t
(Thor, hear.) It had also been Self:Alked, that as
priremots accused of rebberies and murders had been
put an ii one, why should not those accused nf a higher
offet,ce be subject to the same treatment ? Thetis ides
ist theiverinimittment made all the difference irnagi.
liable. Perhaps it %woad be better if iiii prisoners.
cur any offence, were put in items until convicted--
(Load cries of Hear. /rear), but in case: ot commit.
mums ter tenuray. The 1 risoners were accitsed ea
oath, while here there teas not only no convictien,
but even no accusancei—(Thar, hear)—the prisoners
were enly suspected. lie should not remark on the
felons' tare these pi ieiners received, nor on the beau-
tiful arcades and prospects they were to enjoy--
(H42e, and a /teeth) ; but he could not pass over the
wanton cruelty of rohble.e a poor prisoner ot his flute.
Li leminded him of the wrAched captive in the Bes-
ide, who had ten_ tied the tediousness of imprison.
an: iit by watching 11,e tee:ration of a spider, but even
liiia miserable conn.lation WAS taken :tom him, and
the iipider was killed. These meal were all ruined b
1 their long confierment ; for all access being denieg
to them, their wile pieveoted from directing their
usual are& arid boraces.. This was very hard on
innecentemen, and on the clue ot their confinement
they v'rere seht on the world without any nieces of
support. The Petitioner lead stated that his impri.
sieiment had affected his health, and, if it contieued,
must endanger his lite.. It such were the case, it
would seem that Parliament did not grant Minieters
merely the power of iiiiptiatinment, but absolutely of
lite anal death. Let those look to it whom it concerned
and thine particnielly who sanctioned the exercise of
such an authority. Allusions had on a fainter night
been made to tht gaulers, wham he knew neither by
name, by person, nor even by character ; and it was
said that his evnipleints of the tteatniein of the pri.
sours were a libel on the character of these gaolers.
It was strange with what ease ti:), who strained at
a gnat would swallow a cam •1; and while they treat
with the inoat pea tect indifference the liberties, toe.
tunes, and even lives of peren,s, would yet rise with
warmth to protect the character of a turnkey !
(11ear,hrar, hear.) It had been said that the pig).
nets might petition the Secretary of State if they re..
quired the redress of any grievance; but they were
to send their petitions through the hands of those
against whom the petitiens were directed; but if it
h4pptlied that the pri.oners could not write—(and
here he omitted all dirficinties arising from a possible
refusal of pen, ink, and paper,) and had no triondwe
near them, should they ask the gaoler to assist them ?
These yersuns were not remarkable for their nice
kettles and i; um :nay, and might easily excuse them.
eeives by their inabi:ity to communicate the Petitioe.
Ttiere were many allegations is the Petition unite.
plainest, leaviaag matter enough for further inquiry;
and it became the House, Alter having given the
pnw,r, to watch over its exercise, and set-ure it Item
being abuse': ' He could see nn arguments ,whieh
could be adercreg•itist such an inquit). It was
calculated to o much service, and to none avre than
to Ministers themselves, who ought to be interested
in proving. to the public the proper uses •to which
they have turned their power. Nothing inn could
tend more efiectuahly to satisfy the people dim that
the, House should evince an anxiety in manning the
nee male of the ant/unity cousir,ued to Uovernment,
and having pa'erd the 1.4 w, take tete the improve.
!ivie steeds tint he alm..eit. Fer tl',..se evai.onc, it.

"•,

• That the Paine:: of Thomai :.vans be re-
rred u a Select ComniiLee.
/:f:. H. ADDINCTC:eI.—In rising to make some
bierv,iiaoria, in reply to the speech of the Honourable,
Muni re:, in: assured the linuse that he sh•itild exer-t
cat: their in,tience but for a sliort time; and if he
over thos.: pene:al topics on which the
h,,1 Jae:: with 11110C11 effect, it was not to
• t: 5u ee to any disrespect to the Hon. Membe7,
iso; 1., a convieii.in on his part Of their irrele-
v_ccy to the subj.:•...• cenhi not, however, re-
is n:c.or e::•,,res.anj his raritude.to the Hinloitash,L
les the v :y oolite terms.ht which Le
se:J.4;i t f lie had not an•it-i-
-r. thi.i night ,o_.:tiost the conditet
beer:.-.try of Stiehl for the Home Deparl•nmt,
ti:v cc: y al; he thought, satislact,.:,-y,
la,.atiou Ltd ii•rrnerly eir.:ll. Some of th•-:
.T...-g4tion,. cant:ill:A in the l'etittnii he had discro-.ed
even to demonstration, and hail supporo.d state-
by the te.idiorlty of dates aiirt facts. It: did
desire: any bLi.iht..r to cleptoid rierely on bit
IV th f.pect to the Petition which was said to
1...ve heir; ietur Ives: is its passr.l..:. throth the
tire of t: e I tome Department, he had in 11:6 posses-
s:on a reeti,A, in the form of a letter, for tfult
freer Ili. 17a2 titer, Evans' Solicitor. That was
the etily Pleat m it svhich, as he vvas ay.Lie. of, had en-
tered the o:hce ; and nrobablis the HonotiraLle
Merc.be:. opposite could say. whether it was the
Lime as one .t. luck had been preserved to the House
o:. the 27th day of February last—(.:tar, hear.)—
The alter yowl which had been urged against the
Noble Secretary of State was, that lie ought to have
been infornit'd ef the internal hate of every prison.
This, however, appeared an titerordinary assertion,
Cad a Secretary of boot, who eras so ready to hear
caul complaint that might be sent to him, requiring
a redress of grievances, should be compelled to make
dally inquiries into the conduct of gaolers, and win:-
C.a. it Was consistent with the orders presented to
them ? It was competent, for the prisoner to make
c toplaitits, if his treatment had been improper, and
the best answer to his own allegations was, that no
complaint •Itad ever been sent to the 'thee'. Ile de-
clared that pen, ink, and paper, had never been re-
fused to the prisoner, and it not able to write, he
might have sent a verbal request by the gaoler a and
the fact was, that Mr. Evans had acteally•sent one
message to the office of the Home Departmont,.4
the gaoler of Coldbath-fields Prison, that his formai
l'etition should not be given either to the Noble Lord
(Cochrane) or to the. Honourable Baronet (ST F.
fiord. u), but to Mr. Homer, his solicitor. 'lbis re-
quest was complied with, and others might, it acces-
s try, have been made in a similar manner. Ile la-
• mented the seat nith with which lie had expressed
himself on a fernier night, and for which the Speaker
so properly interrupted him, but for this he had made
a vluotary apelogy. lf, however, he had not been
interrupted, he would have closed his sentence by
asking •how it•waa possible for him or tlia Secretary
of State to 'oe acquainted with the interior of every
pitman ? D4ectioni had been given to every gaoler to
ray the strictest ai:entioir to the pi.wiliers, and the
Secretary or State ever open to dick cornalAiits.
1-taviog thus ixonera,ed the Secretary o: State tr,•ha
the charges is ilith call been brought against he
felt it no leis his duty to detead ail other per.ons,
gaolers, and turnkeys, front t!:e severe acerisatiofis
burled against them. °bona every li:formation
on the subject, he, conceiving Liniaeli the most pr.:-
per person in the House to do so, sent thiet mottling
for the gaoler, and uirele every ore ssary inquiry le-
st:ectiag the management of the prison. he learned
tolat thire was an unlimited allowance Of :Mills, ClL:2pt
la summer, Shen only a quantity was provided sat-
ticient for celinaty purpose,. Candles, ind eJ, were
issued under some restrictions, arid ouiy on special

:.tali-city. Much stress find lacett laid on depriving
Mr. li.vatis of his Hite; it was, howc:vcr, t!ie rule ot
the p; sot. not to allyw music, as it dist;ii hed others,
but Mr. might have had his musics ;
ment, if hr did not make use of it—(lleurp hear, 41,,(1
laugh froas :/.e Oppositialt.)—The bed winch Mr.
Evans used, was perfectly new, and of a better qua-
lity thau those in common use in the prison ; but if
Mr. Evans were dissatisfied with this, he 'pi& have
had. his IWri bed and furniture. He hatfaiso inquired
from the gaoler ; whether the Sheriff ever visited the
ga..,1, to which the gaoler replied, that the Sheriff had
been. there thirteen times, and had visited it that very
morning, attended by a Magistrrte of the county, a
Member of the House. The Sheriff inquired parti-
cularly into the treatment of the prisoners, all of
whom declared their gratitude to the gaoler for his
uniform kindness and humanity. If the Member who
accompanied the Sheriff were then in the House, it
would be competent for him to disprove that'state-
;tient, is correct. The gaoler himself had received
two letters, voluntarily written brtwo ot the priso-
ners, expressing the same sentiments of esteem and
gratitude for his conduct. For these reasons he did
not think it necessary to enter into any further inves-
tigation of the subject, and should therefore oppose
the motion of the Honourable Member.

Mr. D. SHAW said, that from what he had heard
yesterday upon this subject, he fel: it his duty as a
Magistrate of Surrey, to inquire into the facts. and
tie more so, because the representation made to the
House respecting the conduct of the jail vet s sn con-
Karp to the impression which he had .fur a series of
years been induced to entertain, from his knOwiedge
of the re&ulations of the Magistracy, ant:ldle dispo-
sition of- the gaols—therefore he had this day called
at the prison, and applied to every individual con-
fined on a charge of High Treason, in order to as-
certain the grounds of complaint. He put a question
to each, whether, abstracted from the privation of
liberty, he bad any fault to find with the conduct pf
the'gapler ?—and the answer was decidedly different
irons what the House bad heard last ,night, No coin-
plaint was indeed made against the 4aoler or diet MA-
gititates. Leans, the elder„expressed a strong desire
for 'liberty, and complained of his imprisonment
some years ago, but tte stated that he bad no objec-
tion to make to the gaoler or Magistrates.
stated, that MY far from feeling any objection to the
Bmkt9 he 'should be 'so ioag as he lived the object of
la Rive apd gratitude. The younger Eiens wipers.
d adcsire to be Yurniehed with more candles, Espe.
dally on the nights becoming • longer, but made no
complaints of the gaoler; and as to Ogden, be, with
teats in his eyes, declared that so long as memory

F.cld its teat, he skald look with gratitude and r
Bard to the gaoler, who had proved himself his friend
in distress. _ _

Mr. BENNETT observed, that the Honourable
Member's statement contained nothing contradictory
to that which he feu it his duty to submit to the House
yesterday, nor did it at all affect the question to
which h.: had called the attention of the House. For ,
the cprestiou was not with regard to the conduct of
tile gaoler upon the rules of the Magistracy, but'
whether those rules or regulations were applicable to'
State Prisoners ?—The Magistrates of Surrey might
pronounce what euloginms they pleased upon the elle-
recter of their gaoler, ben those eulogiums could not
letter the question one iota. It had been stated amidst
toes: ertlegiums, that the prisoners alluded to could
.tee the „
eee the ose. fey hills from the windews of the rooms
iii aelikli they were co: iced. while the tact was, that
(rem the extreme height of the windows, these pri.
:Amer,. ha.; just as rotetts view of the Surrey hills as
the M:.rebee; whom he addressed had of the river
1.11 Mel. This statement was therefore quite a delu-
sent. 'flea as to lights, those prisoners complained
of the wait of them, and the answer was, that they
rmit! not have what they required consistently with
the roles yet the prison. Bit these rules furnished no
jestifieetiun for any itenecesmty rigour towards such
prsura Cs as he had alluded to. The Right Honour-
able Gentleeeen (Mr. Tlilcy Addington) on hearing
of the cempleiats of those prisoners, should himself
have gone to the prison to inquire into the grounds
1,1 coloplai:it, and Li) judi.;i: of it from personal oh-
leevetion, instead of s•ntsling for the gaoler, and
trussing entirely to his representations. Had the
it:ght Hoeourasle Gentleman done so, lie could not
have been imposed upon by the pompous description
of the arcade, which WAS SO ostentatiously put tore
ward last night. For what was this arcade ? Why,
merely a passage oh three or four feet broad, between
the felons' cells, without windows on either 'side, as
had been asserted, for there were cells or. each side.
The rules of the prison sm doubt emanated from the
Magistracy, and any censure they deserved belonged
to that body ; but it was the duty of Ministers, before
they sent men merely suspected of treason to arty
prison, to inquire whether it was suitable for such
prisoners ? The gaols of London were originally
built for felons, and the discipline of those prisons
might be very fitting for such prisoners. But it Mi-
nisters would persevere in their pr. sent system, to
which, he was sorry to see, they' were too much dis-
posed, they must bui.d more prisons for their victims.
All the complaints which he had preferred yesterday
with respect to those prisoners, namely, as to the re-
fusal elan opportunity to enjoy air and exerdise, the
denial of coals and candles after a certain hour, and
.the depriving Mr. Evans of his flute, were nut only
uncolitradieted but distinctly admitted on the other
side, and therefore he hoped the grounds of these
compleittts would be removed. Upon the circum-
bEilllCC of ironing those prisoners be would make no
farther conimeut, as it was universally condemned,
but he could not help expressing his surprise that the
liigh Sheriff and Magistrates of Surrey, who saw
those pi istaiers in irons, did not him:dearly order
then. to be -trod: off.
Mr. 1-10N11". :L./:.-IN Elt observed, neon the allu-
sion tat the ilooocrahle Ga:.titinan to the lligh
Shetiii of St.::e/ and Maws. Y. ung and I..iing, by
wLorst he was 4ccompiinied, upon sLeingilii• ;:tute
Prisoners in ironr, these Gentlemen, he mold say, did
not feel themselves warranted in intirfuring with pri.
sore-l's committed by the Secretary of State by or-
dering the irons to he lame: elf. But those Geotle-
men iseornmended the prisoners to send a Memorial
to tie Secretary of State upon the subject, which
Memoriel was inrimediately drawn up and forwarded,
and the result was known. As to the gaoler, lie had,
es a Magistrate of Surrey, always received the best
report or his conduct, and he was strongly recom.
rueoded to the rittristtacy by his predecessor, whose
opinion was peculiarly entitled to their respect, from
the humanity, firmness, and attention by which that
°dicer was uniformly distinguiabed. As to the ac-
commodation and apartments furnished to these priso-
ners, they were much better, he was persuaded, than
could be had in the generality of prisons—for, he pre-
sumed, that prisons were not to be wade: pleasant '
places, as that would be a perversion of the object of
imprisonment. But with respect to the room oc-
cupied by Evans,' he could assert that there
was a view of the Surrey halt from its windows,
which however were very high above the floor.—
But if Mr. Evans would stand upon a table he
could look through them. The room of Evans was
indeed that which was occupied by Mr. Leigh Hunt
eluting his imprisonment in Horsemonger-lane, and
no complaint was then beard of its size or situation.
Mr. Leigh Hunt provided his own furniture, and the
room was found quite comfortable. It was indeed
such in breadth, length', and height, that he (Mr:
Sumner) should never wish to live in a better,
(Hear, hear, hear.)—The Hon. Meenber who spoke
last had alledged that all his statements upon pre
wilting the petition of Evans were admitted, but this
allegation be (Mr. Sumner) was prepared to deny.
Fur he had ascertained that in the ellowanie of coals
to Evans, as well as the other State Prisoners, there
was no limitation either as to time or quantity. The
taking away of Evans's flute did no doubt seem to
him an act of wanton cruelty, but yet the prisoner
was not deprived of other comforts, as had been
stated, fur be s'as allowed books, pen, ink, and paper.
Mr. S. WORTLEY declared, that he had sever
heard a case of complaint so fully answered as that'
under consideration, nor one which had 'so much the
appearance of being trumped up for the purpose of.
imposing upon and inflaming the public mind. In
the first piece, the statement of the Petitioner Evans,
that a toriner Petition front hint had been suppressed,
instead of being for warded to the Gentleman tu Whom
it was addressed, was proved to be totally tenacious,
and the person who put that statement in the, Pitt-
tion, must lievee been aware of its t:itect fallicy.—
Event himself might not hay.ekitoWn that the Peti-
tion stated to have been suppressed, wes actually pre-'
seined to that House by the lionoar.ib:e Cen!lernan
(Mr. Bennett);t'n February last ; bet Harmer, who
drew up this Pet:tion, could net possibly hare been
ignorant of that' fact. Yet the Petition containieg,•
this grossly-false allegation, tae; presented on Friday
last, no doubt with a elew to !)...ve it published, espe-
cially in the Sunday rimers, is the hope or producing
1
A mischievous impressioo iii;:ei the public mind, and
tvciting the most angry. passions. IVith respect to*
Use Honourable (lumbar ovtoni he could call his

Huno3rable Friend), who presented this Petition, be
must say, that he dtd not act with the candour and
caution which usually marked his conduct in present-
ing such a Petition, without due examination and re-
flection. But he must think, that his Honourable
Friend did not recollect at the time, that he had pre-
tented the tormer Petition, or that this Petition was
the same as that which Evans alledged to have bten
suppressed. The last Petition was, however, he was
satisfied, drawn up and presented with a view to
inflame the public mind against the Suspension of
the Habeas Corpus Act. If those State Prisoners
were aggrieved, why did they not apply for re-
lief to the Secretary of State ?--(llear,
But no, it was thought mote desirable, by falsehood
and exaggeration, to produce an erroneous impres-
tion through the medium of a debate in that House.
Evans himself, indeed, on communicating with Mr.
Harmer, could not have been ignorant of the false-
hood of the allegations to which he put his name, in
this petition. When he (Mr. Wortley) heard of the
place in which Evans was confined, he really thought
it one of those gloomy and uncensforteble cells to
which prisoners are sometimes committed. But he
now found that it was a good room of considerable
dimensions. The privation of the flute did certainly
appear a very exceptionable proceeding ; bat )et,
when told that this proceeding was dictated by the
rules of the prison, he could not condemn the gaoler,
whose duty it wits to take care that the enjoyment of
one prisoner should not be allowed to annoy others,
which might be the case, if Evans thought proper to
play upon his flow at late hours. This privation,
however, as well as the other grievances alluded to
by the petitioner might have beets redressed through
an application to the Secretary of State, without
Coming to that House. As to air and exercise, he
thought that an opportunity to enjoy both should not
be refused to those prisoners ; and that if the arcade
alluded to were not sufficient for that purpose, they
ought to be admitted to the gardens of the prison,
that is, if such admission did not involve a direct
violation of the rules laid down by the Magistracy.
Reverting to the propriety of an application, by pri-
soners of this description, to the Secretary of State,
instead of endeavouring to provoke debate in that
House, with a view to excite groundless prejudices
against the Act for Suspending the Habeas Coren.
the Honourable Member stated, that he had voted
for that Act, from a sincere love for his country
the Constitution, being convinced that such at Act.
was essential to preserve the peace of the one, and to
secure the existence of the other.
Mr. BENNETT asked whether the Honcerable
Gentleman meant to accuse him of having assisted
to trump up charges with a view to italamc the pub-.
lie mind
Mr. S.WORTL EY disclaimed any such intention.
Sir FRANCIS BURDETT observed, that the
Honourable Gentleman who spoke last had declared,
that he had voted fur the Suspension of the Habeas
Corpus Act from a love of the Constitution—that is,
from a love for the liberty of the subject; and yet,
when a subject deprived of his liberty complained to
that House of injustice and oppression, the Honour-
able Gentleman angrily deprecated his conduct, be-
cause the application for redress w as not made to the
very persons to whose system tl.c complaint referred.
As to-the statements in the Petition alluded to, he
(Sir Francis Burdett) would not assert their accuracy,
or admit their falsehood. He would not impute era-
' rtinality either to the Petitioner or to those against
whom hischarges were preferred, but would vote tor
having the Petitien referred to a Committee for the
purpose of inquiry, because the statements in that
Petition presented prima facie grounds fur Parliamen-
tary investigation, and he could not be dissuaded
from thinking that such an investigation should take
place by any of the testimonies which the House had
heard with respect to the character of the Gaoler,
for he could not forget that when he formerly sub-
mitted charges et a similar nature against the
misconduct of a person, he was met by the most
confide' t assertions and the most lofty eulogiums
upon the person to whom his charges referred.—
He would not impute any criminality to tke jailor
of 'the prison in Horsemonger-lane, for he knew
nothing of the man, therefore such an imputation
would be neither fair nor liberal ; but was it fair or
liberal in the last speakers to impute falsehood .to a
'man in a dungeon ? (Hear, hear,) Was not such
r
an imputation Meted utterly unwarrantable, nhile
the Iloaourable Gentleman himself admitted that it
was wantonly cruel to deprive this unfortunate priso-
ner of his flute ? Must not the Right Hon. Gentle-
man (Mr. H. Addington) have some sympathy for
the prisoner in this instance ? He, who, with such
an instrumeet, 6, could discourse most excellent
music," could not surely fail to feel the severity of
the privation which the prisoner was condemned to
endure, and without any appearance of necessity or
justification. But to return to the complain; which
he hid on a former occasion brought forward with
respect to the conduct of a jailor, he felt strongly its
analogy. to the case under consideration, for he re-
membered that several Gentlemen were found iti that-
, House to'bear sestimony -in favour of. that jailor—.
sonie indeed asserting, that his-only fault was, truly„,
excessive humenity towards his prisoners. (Hear.)—
Such was the testimony in favour of Aris, ot Cold-
bath.fields, of an Honourable and religious Member
of that House—

Mr. S. WORTLEY here rose to order, observing,
that the Honourable Baronet had, on a former even-
ing applied the same description to a Member of that
14-:use, when it escaped notice ; but he .submitted
that such a description was not Parliamentary.
The SPEAKER said, that, bring appealed to, he
must observe, that to describe any Member in ironical
terms was not consistent with Parliamentary order;
and the Honourable Baronet must be aware that such
a mode of description was not agreeable, to she
usual practice of the HouSe. •
Sir F. ISURDLTT resumed, and declared that he
did not mean to use the description objected to ironi.
cally, but distinctively, and in order to mark the cha-
racter which was known to belong to the Honourable
Member alluded to. 'Tat Honourable Member was,
it would be recollected, among those who were im-
posed upon with regard to the character of Aria, and
therefore testified to that which he presumed that
Honourable Member would now be ready to admit
was quite erroneous. Mr. Wilberforce Bird was one
of the Members of the CumMittee to whom the corn-
plaints respecting Cold Bath-helds were referred, and
re recollected that Honourable Gentleman to have

stated a fact with respect to Aril, which was quite
equal, if not superior, in endue to the old story ol
the destruction of the spider in the cell of a prisoner
in the French Bastile. A wretched man was confined
in irons, in a solitary cell, eight feet long and six feet
broad, where he was kept throughout the whole of
seee.re winter. During this painful period a retell
used to perch on the bars of his dungeon, and At
length got so familiar with the wretched inmate of
the cell. that it was in the habit ref occasionally flying
in and resting on his arm. While this little bird
was in the act of tfi
Its cheering the captive in Lis
dungeon, Mr. Aris (who eeldom visited these ea)
seized the
was too tame t,.rii4exaptectielidslyaeprepteroreadc.h
;Thhee
irmottmidediedy
bird, and squeezed it to tie.rth in .I'.
is bend
The unfortunate men, who thus lost WI;
only eie-d tre
complained in bitter teens of this pprivation,'
that he would rather hive himself suffaed death,
that of all his friends along with him, sooner them
have lost this tender object of h:s solicitude —(llee-,
hear, Gear.) He (Sir Francis Burdett) could no:
then, with such circumstances in his memory, be et.
tisfied of the propriety of dismissing a pitsento'i
complaint merely upon testimonies to his ceereet.e.
from those who perhaps had no adequate opporie.
nity of ascertaining his real conduct. It the Gentle-
man opposite, who bare such strong testimony
favour ot the geoler alluded to in the case before the
House, were justly conyinced of his rectitude, %see
object to the appointment of a Committee, befo
which he would hair an oppnrtucity of repelling te
charges preferred against him ? Such al! ObjeCtlol
was but too much calculated to excite retspicese
(Hear, heir.) An intelligent judge of lumen
cure had observed, teat " the steel.heerted geo:er
was seldom the friend of man." He wettld tee saxthat the gaoler immediately allttJed to dererved ee
censure ; but he watild rmintain, that t/le:e
ticket grounds in the cl.arii.es agairt-: hins to call or
ingairy. As to the rwder!. doctrine, cit.,.his 'Aia•e.
ty's Milikters were the head 'pt:lore of ir,gln:rsi",
highly disapproved of it, no: wi:hstnet!ini±
of the authority by stihicli it via: sm:aincd.
Ministers were, or ought to be, too Ijrol t. urd.rtake
such an effete. I indeA!, in become then: ;
' bait they assumed the diti:ction of ;all the goiils,
they were responsible for their ppents, an!
subject their cordtitt to a rigid scrutiny—
He did not mcso ro imrnte to the Iti:;ht Eon. Cott.
I thinan -(Mr. H. Adiliistrtnn) any dispiiitioit to .t,•
gravate the condition of the st Ice pristine' s, it,
lexec condition of Imo committLi ti' :;aol ter ita
period, with:cut any prospect of trial, could
admit of any aggrevetion. Phil east: wit!: regard to
'those prisoners was, however, now by no oceans so
bad as formerly—lie meant under the administration
of Mr. Pitt ; fur at present it was understood that
-none were committed without evidence on oath, bet
fiemerly men were committed without any evidence
or formality of accusation. A case bed come to his
knowledge, in which a party were taken up at a po!-- •
lic-house by smite police officers, and the whole draft,
as it appeared, committed to Coldbatlefields
Among this party was a person of the name of Hux-
ley, who, after bring confined for seven or eight
months, was found out by Iris Jclations ; and it war a-.
certanied that no warrant from the Secretary of grate
had ever been issued against him. In tact, lie had
keen detained without any charge svhatever against
him, and therefore he was releas,J, but teithet.t any
indemnity or remuneration. A torcigner also was de.
tained —in prison until he actually lost his reasu.
—But he hoped that no such atrocities would agaia
take place. While, however, there was some diie.
tenet between the new and the old system which was

in favour of the former, there was also a consi,!erahle
difference in favour of the latter, for lie recollected
that he had an easy access to Coldbatlifields Prison.
by order of a Magistrate, and was allowed freely to
examine the prisoners, and there was at that time no
solitary confinement, the prisoners beitig allowed rar
communicate with each other at least by day. Bo;
now a different system, marked in his opini:in with
pi culiar rigour, was generally establidied ; and as to
the oath required at present ci u arrant the committal
of a man accused of treasonous practic:s, it might
after all turn out, that those oaths were such as could
not be credited in a Court of Justice—Wear: Lrei.
The Right Hon. Gentleman (Mr. H. Addington I
had emphatically chserved, that no prisoner was pre-
'ciiided the liberty of complaiaing a hut what availed
that privilege, if, according to the Honourable Ger.-
' tleman (Mr. S. Wortley), prisoners were to be cor-
demned for complaining to any but those with whom
the cause of their complaint originated, or it, upon
an appeal to that House, no inquiry was to be inct.,
tuted 1 If complainants stated any thing mil turdeil,
that would be extremely foolish, and wity.l,4 ori7
serve to injure themselves. This, ikrelst'ai,
obvious, that he coeld riot believe the statements of •
the Petition before the House to be destitute of
truth. The rctitioner had been now above f.s,
' montbs in custody, precluded tram the due (mkt).-
ment of air and exercise, and surely such a case
deserved the humane consideration of the Ilouse!—

The windows of his room were conlessedly so high
that he could not look out of them. But upon the
impropriety of such rigour, detained mere), upon
suspicion, and whom the law must presume innocent,
'he would read the opinion of high authority—" It
is :tore necessary, (says Lord Coke, in his third fr.-
stitute) to be known bow prisoners, to speak once for
all committed for treason or any ether offence, oug'.t
to be demeaned in. prison." brae. I. :/, 15-1, saith—
" Salvor, gaolers, in carcere cou'inendos damnare,
• ut in vincolis contineantur,sed hope mihdi interdicts
▪ sunt a lege, quia career ad f 7 ont4hendos non ad p-
• niendos habere delte•al.' 1'.::.7. "It an abuse :a:•:
prisoners b: charged with irons, or put to any pl.'.
before they be attainted." And the author of
Mirror of Justice says —" And because it is forbid-
den that none be pained before judgment, the law re-
friblitth, that none be pot amongst vermin, or in any
'horrible nor cange:on* pl.sce, nor in any other pain
but it is lawful for gaoleis to fetter those they daebt,
so as the fetters weigh no more than twelve ounces
for those wha are ontrageou, violent, tee." But
ail
legal, equitable, and humane ieithorities, have pro:ci-
ted at asst any degree of rigour, as unnecessary fir
sale custouy with regard to prisoners, especially be-
tote trial and coniiction. Why then should any un-
necessary tiguur be practised towards those State
Prisoners ? and such rigour must at least be sesptc•
red, if Mioi..ters persisted -in otqlosiag the proprsf f
inquiry. It they vit'sed to rent:ive a.. 1