The Statesman.
London, England, 1822-02-09 00:00:00

Judges refuses' to 'apelike. tire- rules, en tic at
their severky.—(Hear. set, forth, tuft
Mr. Hut was debt I mute with bisduoity
his phtsiciats, and his itor. He had ups, to the
Court of King's Bench, sled the Judges of that Curt
madteitoedeetbakbe dimald be_ allotted to see his tiby-
litho netteoHeitor, bat twisted tint- Om oilier did set
extend. He (Mr. Alderman Wood), had is* sees 'the
rules of the prison, bdt be utfderato6d they' were very
severe; He believed there were other traols,iehore even
felons were allowed to see timir families sad solicitors.
It was certaislyextusrdi nary that became Mr. Hullos&
through his exertinsa. obtained a COlunisoion of Inquiry
into the abreast licheeler gob • and. because he had
expesed the pratices of a gaoler trim and.
Imfbrlldledm-
ed immaculate ear, hear D—tbat he *mild /Or this
conduct be visited with extraordinary severity. He (Mr.
Alderman Wood) could state some of the facts which
were disclosed before the Commission in question, and
be was sorry he did not see the Hon. Member for Tann-
ton in his phift. who woald confirm hir stateliest. He
thought it his duty to give notice that, en a future day.
he would bring the whole matter undir the considera-
tion of the house. At present he would not take up
more time, but expressed a hope that the prayer of the
petitioner for relief would be attended with effect. The
Oder bad no right to aggravate the sentence passed
upon Mr. Hunt; and it was stated expressly by the
Leatmed Judge who pronounced the judgment upon him',
that he was not to be kept in solitary confinement.—
(hear
fl—He concluded by moving that the Petition be'
brougt up. •
The SOLICITOR-all-AUL enishabitt the allusios
to the judgment upon' Mi. Hunt caned uppe:bins
state some circumstances ,connected with that *Osl
mediately within his owe knowledge. He thug state
to the house that an application had, been made by Mr.
Hunt to the Court of King's Beach, complaining th
he was prevented from having intercourse with his so
eitor and medical adviser. Upon this application t
Judges made an order, calling upon the Magistrates
shew cause why this individual should not be admitte
to the exercise of the rights; the loss of which he com-
plained. and the cause urns still depending in that Cow+
rhe 'Weeks in answer had not yet arrive() in town:,
but when they did arrive the whole flintier weild be put
into a train of satisfactory judicial investigatilis, la the
Court of King's Bench, and if any individnal ilibto be
charged with impropriety, that would be the Wiper
place for inquiring into it. He only mentioned tkidlcir-
ctimstance. as the application to the Court of Kidg's
Bench was alluded to by the worthy Alderman who pre-
sented this petition.
Mr. DICKINSON was rising to say a few words,'
when
Sir FRANCIS BURDETT rose, and said that when!
he heard the answer to this petition by Gentlemen at,
the other side of the house, he could no longer remain
silent. He asked was this Petitioner to be told that be-
cause be had made an
his case was not a fair

house?—(hear. hear.)-1

one for the consideration
iliimes Bench, but it wr
of Parliauient. And ant
be asked at present from .
ordered him to have access

follow that he was to be
sons? What right had
enlarge the punishment
had tloey to enlarge the
imprisonment; to aggrao
ready so disgraceful-o'i
was more calculated to'
laws aft emser"'

truce on record so ontleoas
of Bib Stuarts?—(Hear.)'
and the despotism which
that family were hurled .
It was as Lord Clarendon
menu disproportioned to 1
the acts, but the persons o
law more in the spirit of
visiting old sores, and paying.
dividnals when they got them into. their bands, that
disgrace was brought upon the laws,, and odium upon
their Administration.—(hear.)—Under any circum-
stances, long confinement was a dreadful punishment
It was so dreadful a punishment, that he (Sir Fraucill
Burdett) would almost as soon he sentenced to death
as to three years' imprisonment,—(hear, hear, hear.)
—There was no doubt but that Mr. limit's heath was
impaired by confinement, and so would the health of
any man by so long an imprisonment—(hear, hear.)—
He hail no hesitation in saying, that so long a confine-
ment was a species of torture—and torture of the worst
kind too, because the soldering' were bid from the eyes
of the public. He could not let this opportunity slip
without giving an opinion upon the sentence pronounced
upon Mr. Hunt. Looking at the course of the trial, and
the summing up of the Learned Judge, It appeared to
him that Mr. llunt was acquitted of every count ies4he
indictment except one, which contained nut-a obarge of
fact but of one raised by implication of law. The chi/gel
of which Mr. Ilnnt was convicted was for having attend-,
ed an illegal Meeting; but 800 illegality of thatMeetingi
was a matter of law, and Mr. Hunt could not have imam :
that it was illegal.—(hear.)—Most certainly, abstract-
ing from the illegality of the Meeting, the conduct of
Mr. Hunt there was not only not illegal, but, on the
contrary. exemplary and meritorious. In this case it
vas a misfoituue to-Alr. !lent to be tried by a Jnry ; fur
' when one looked at the summing up of the Learned
Judge, one emid inter, that if he haul been tried by hint
alone, he would have been acquitted. Mr. Bunt was nq
more guilty of a knowledge of the illegality of the Meet-
ing than any man or woman who was there. Indeed,
from the circumstance of the Magistrate having called a
similar Meeting before, be was almost jii,litied in sop-
posing that the Meeting was a legal one. The Meeting,
therefore, might well he supposed to have taken place
under the sanction of the Magistrates, and to the time
that it was dispersed nothing had liapeencol, which. in
the judgment of Mr. hunt, or any reasonable Man, could
change its character. However. Mr. Hunt nas couvieted
of bringing together an assembly of people, which, even
amongst the lawyers, became question whether it was
an illegal Meeting or not. Surely, under such circum-
stances, one would think, the slightest possible punish-
ment wroth: satisfy the joistiee of the case. But, on the
contrary, the house woodil see the injustice of having the
sentence aggravated upon an indivishial who had done a
great pitiolic service. and had exposed the conduct of an
officer who had alnised the trust reposed in him.—(Hear.)
lie again asserted that it was a andalous to allow the
Magistrates of Somerset, or the gorier, to aggravate the
semence of the Court. With regard to the rules of the
prison, they were inaule fur felons. Whether they were
severe or not, he (Sir Francis) could not say, as they did
not apply to Mr. Hunt, who was confined for a political
misdemeanour only. Mr. Hunt should not he visited
with punishment beyond the bare sentence of the Court,
which was in itself dreadful enough. But was the con-
duct pursued towards this individual confined to the
Act of which he had been legally convicted? During
last Session proceedings were commenced •against bins
for selling imitation coffee, lint it was said then that the
penalties would not be insisted on. He (Sir Francis),
however, had since learned that these penalties were in a
process of being recovered, and this served to show the
quo notion) with which he was still pursued.—(Hear.)—
lir. Hunt 41i.1 not 'nand alone, and it was the duty of the
house to look with jealousy at the conduct whic't we-

- '
_

:allipeileal 110arde hha, as the same oppressions might Iso
pratillesd NW the same implualbrAama every member
dof the esswinuisier.—(Hear.)
Met IMITHEIRST deprecated discussion upon Mr.,
Hones ease In this Rouse, whilst it was still under in-
vestigation in a Eonrtof. Law. The Hight Hon. (lent.
defended the condoetpersued by Oovernment towards
Mr. HaltarlioadOffebn be !granted as one of an ag-
gravated nature.
Mr. &MET said he was anxious to know the
names of the Magistrates who framed the rules in Rues-
, tion, and of the Judges who sanctioned them. He wished
to know who they were that ordered a person in Mr.
Hunt's situation to be shut up, in direct violation of his
sentence, which was that he should not be consigned to
soKtifry nnprisonment. He would like to know who the
Magistrates and Judges were that treated him as a felon,
and-shag the doors against his family, his physician, and
Ids soliCitor.—(Hear.)—He knew. no gaol where even
felomrwere prevented from seeing their solicitors and
families. He was at a lose to imagine how any Magis-
trites Could dare to sesame such powers. He wondered
that as men, as fathers, they would be guilty of such sett
1. of inhumanity. But igwas said this was a question month
for the King's Bench than this House. He had no COW
Itaints to make against the Judges of that Court—he
elieved them npright and honourable men; bat he asked
y what authority the order was made for preventing
him from seeing those who bad an undoubted right of
access to him? Was it for his security? Did he try to
escape? If he did, he ought to bate been pat in irons.
But if he did not try to escape, why place him in solitary
confinement? Instead of harsh treatment, he rather de.
served credit for having detected guilt and exposed mis-
representation. Bnt at the same time that he (Mr. B.)
stood up for th'e oppressed, he did not wish to have it
understood that he was an advocate for any of Hunt's
(pc In looking at these acts, however, he cool not
elp calling the judgment iniquitous.—(Hear.)—The
Hon. Member concluded by saying that he would have
.made this case the subject of a motion in this House be-
!fore now, but he knew that the inevitable result would
;.ktt disappointment end failure.—(Hear!)
If' gr. DICKINSON defended the conduct of the Ma-
tes, and denied that Mr. Hunt became a victim to
severe rules, merely because he had procured an in-
. tgation into the state of the gaol. The rules had
drawn up and signed by the Magistrates, and were
tera
minable to the rules of the other gaols. It was some-
e before they received the approbation of the Jndires.
+ y had been, however, signed by Mr. Baron Graham,
rand 31r:Onstice. Best. A representation had been made
NI a Mrs. Vince had sought to be admitted. but from
thilkharaeter of that person it was judged proper not to
grant-her scliuiasion.
Sir ISAAC:COFFIN said that he would not have
'borne testimony to the correctness of the gaol of H-
ale/der. if he bid known thumb-screws were need in it.
Sir .. . .

T. LETHBRIDGE said, that all complaints which
' arose since Mr. Hunt
latristrates were in-
;heal to them. They
reserve himself nnta
intended to be found-
astonishment at the
• for the, comity for
admission to iadivi
"ince was to be el-
an improper eha-
A.that reason ? Ought
father? Although he
morality, yet he would
admitted. The Hon.
prisoner who was
er singe the time of
Iriod of imprisonment
was said three bad sow
daring that time Ro
he very reason why
Ition.—(Dear, hear.)
er of Parliament in
Ang forward a claim for the
tadreas .er, koar.)—Those grievances
inglst to be made the subject of perpetual complaint,
redress could be obtained; not to that place, in -
4eell, for little good could be expected from statements
$f grievances iu that House, but they ought to go forth
lo the country. He did not, indeed, know whether it
was competent for them to make an order, but some re-
solution ought to be adopted, in order to admit his fa-
mily to Mr. Hoot. The sentence passed on him had been
repeatedly complained of, and as long as he Lad a tongue
he would say it was a most severe and unwarranted
sentence.

The ATTORNEY-GENERAL said be could not suffer
such harsh charges to pass unnoticed. The lion. Gen-
Oman (Mr. Hobliouse) complained of the severity of a
long imprisonment in a case to which he alluded. No
one could mistake the case to which the Hon. Member
alluded; it was the case of Carlile, who was found
guilty and sentenced, not fur one offence, or for one
crime, bat for a succession of libels. That person
suffered for his repeated and daring violations of the
law ; and it was for him the Hon. Gentleman complain-
ed. The Hon. Bart. and his lion. Colleague, the Mem-
, hers for Westminster, and the Hon. Member for Shrews-
bury, complained of the severity of Mr. Hunt's sentence.
Ile, however, would say, that a more impartial trial
had never been known than that at which he was found
guilty. Ile was tried by a Jury, of every one of whom
lie himself approved. Ile was tried in a county chosen
by himself, and to which he himself had the venue
changed, by an application to the Judges of the King's
Bench. He was tried by a Judge whom he compli-
mented when the trial was over.—(Hear, hear.) It was
his duty to defend the conduct of that excellent Judge,
which was now arraigned before the House.—(Cries of
" No, rib !")—Yes ; lie was arraigned for his subsequent
conduct in the King's Bench, when Hunt was brought
up for jedgment in that Court. It was the opinion of
the Court that his crime was near that of high treason.
—(Hear, hear.) The Gentlemen at the ether side
might think otherwise, but the Judges did not think it
light or insignificant, and the country went along with
them in that ouinion. He thought it necessary to say
en notch in defence of the Judges of the King's Bench.
With respect to the rules of the prison, which formed
the ctilijeet of complaint, they were made for the gaol
generally, and not fur Mr. likint particularly. They
went through the usual forms, sand were submitted to
the Judges, and approved by them. It was not fair, in
general charges, to attack &Judges. At ti.at rate nu
one could be found to administer justice in the country.
—(llear, hear.)
Mr. lIOI3IIOUSE wished to explode. The lion. and
Learned Gentleman (the Attornec-General) said that lie
meant Carlile's sentence. lie will knew why the lion.
and Learned Gentleman made that insiituation, and be
might, on another occasion, have an opportenity of an-
swering him.—(llear, hear.) lie could assure the
house Re did not mean Carlile. He alluded to another
sentence, and did not know the name of the person, but
the sentence he had on paper, and it was a period of
Emir years and an half imprisonment.

Ni, The ATTORNEYAIEN Al, explained, and said
that in consequence of the Alentlentan not naming
the person to whose sentence e celled the attention of
the house, he took for granted • a: meant the sentence
pasged on Carlite, He could , tints his honour, that
he had no. intention of cuuaec g the lion. tientlett4o
with 4.;rlilik.
• .
•
. .

this Petitioner to be toio tbat Sir T. LATHBRI DOE said, that all
application to a Court of Law, hey had heard of ilebester gaol, arm
r its confined there:-al(irknew the Nlal
subject of di:mullion in
-Perhaps the qrteefilfilv west • apahle oL sorb *aphides was ascribe
ere moat wester n. He would rim
on of the Judges of the
_Conti e should know what measure was into
vas not less so foe.rbe High Court
rs on the petition.
'appose Mr, Hap; 4itaitted all that •
Mr. HORHOUSE exnrersed his asi
ow the KOWA' ?oh, that the
•
ceess to hie • - was ie veason•assigood by the Hon. Member f
e permitted- Aeo other
_per- evelustieg loses' who required adu
d the JlitlgeCet Aliat ConfOte dials osulheal in the prison. Mre. it
at upon Mr. Mint?, Wtilikht elided, beeasse she was a person of
e sentence which as bit ilsoke tarter; bat was the son exeltoled.for.th
rarate a SOU end: which Wield- he to be shut out from seeing tilit fatbt
:hear, which aothiag ivaspot a person to encourage immoral
bring the *dud n ok:the Apotitentl that she also should be admi
atkerttwi &alba toad a p,
rroritir oVlT=Pllfies eit:rotim agar* sad *hag. Newer
r.)--It wait to) ,Ater, sentences; Charles the First was so long a period
th Ike attempted to Ittihsold, that assigned to any prisoner. Hut it wass
dfro the throne of ter ntry. elapsed, iota no one came forward dal
;don said, by Tuff IA- state tippet grievances.. That was the •
to the offeecer byis not thi would attend to the present petitio
ns of defeudantei y. wounding-11 \pis never toO late for a Member
of vengeance.ishan justice; by his place is that House to bring forwai
paying off old itcounts with in- redress of grievances.—(Hear, bear.)—
. .