The Statesman.
London, England, 1821-07-04 00:00:00

observe that the Petitioner's friends were fearful of
becoming bail for his good bellavionr, when they wpc
told that a fresh indictment, which might be AP:
ported on false testimony, would expose them to the
loss of their sureties. He hoped also the Honourable
and Learned (lentleman would take into his eonsi-

ikraligashat the Petitioner bad already beensizareeks
to prison.
Mr. SCAKIXTT expressed his satisfaction at what
bad &Ilea from the Attorney-Oeneral, and bi-/loped-
.the MOM would now see that, however respectable the
Association, innumerable abuses of its power might be
made, by leaving it to be exercised at the discretion of
a single Attoraey. The Hon. Member expatiated on
the danger to which a bookseller was exposed of in-
dictments being found against him. He quoted the
ease of Mr. Johnson, bookseller, of St. Paul's Church.
yard, which occurred about the early part of the
Preach Revolution. That individual had actually
been convicted and punished for selling a libellous book
which be bad previously refused to print or sell ; be-
rouse, one of his men in his absence purchased a copy
of itifrom another shop to accommodate a customer with.
If a man, therefore, was liable in this manner, for an
act of the commiesion of which he was in perfect ig•
noraoce, it surely well became that House to look
with jealousy at those who assumed the exercise of
such a power. With regard to the postponement of
the Sittings after Term. he feared the Attorney-
kleneral would find it was but too probable. He could
not help remarking that inch appeared to be the in-
ing state of business in the Court of King's
Bench, that they were not far from that period when
the Counsel would be obliged to attend the Court
ttom Christmas to Christmas if it were de-
sirable that those who followed the profession of the
law, should have the education and manners of Gen-
tlemen, they must not make it necessary for them to
put their wig and goon on every day id the year. No
Judge could support such labour, and he hoped that
sort* measure would be adopted to remedy this increas-
ing evil. - _

Mr. M. A. TAYLOR thongbt the statement of his
Hon. and Learned Friend required the attention of the
Legislature. If the House would look at the increased
burden of business upon the Lord Chief Justice and
the other Jndges of the Court of King's Bench, they
must be startled at the prospect. With all the acti-
vity and intelligence of the Chief Justice, he lad been
unable to get rid of the arrears of business of the last
two years. The Court of King's Bench was over-
loaded, and fur the benefit of the public, there ought
t.l be another Court of Criminal Judicature in West-
min►ter Hall.

Mr.DILNMAN said he should look with great jea-
loosy at say alteration on the ancient Constitution of
Westminster Hall. The Court of King's Bench was
certainly overloaded t but if the suitors were dissatis-
fied, he saw no teas°n why they should net remove
their causes to other'
t'f W. Beabow,

whet he had promii

ordered to be pri
A Message from
skips assent to the
Importation Bill.

by the Neapolitan tt,
not return to his country. Ilence grew his claim on
the British Government, which he, at a time like the
present, should be little disposed to favour, if *he did
not consider it to be wen founded.

Mr. HUTCIIINSON spoke in favour of the c'aim
of Captain Romeo. The Noble Marquess said he had
Applied for information on the subject—but where ?
He bad sought it from the Neapolitan Government—
from tbut Government by whom Captain Romeo com•
plained of being persecuted.
Colonel DAVIES replied. He produced certificates
►igned by Col. Corbone, lire. Maitland, and other of.
ficersoo strove that Capt. Romeo bad been employed
to o►tain information, and in other ways to promote
British interests in that quarter. He hoped the Go-
vernment would again take Captain Romeo's case into
their consideration.

rition was ordered to He on the table.

LBERFORCZ pretested a Padlos from as
named Robert Wood, praying compensation

sus and unconstitutional in principle as it was Nang-
sant and corrupt in practice. There was a difficulty
in attacking a body whose characteristics were per-
fidy and treachery. There was always difficulty in at-
tacking an insidious Society, who despising justice.
and equity, would fiy for shelter to some paltry quib-
ble of the law. He was obliged to speak thus harshly
of the Society generally, though he knew that some in-
dividuals of high rank and character belonged to it—
seduced into it as they had beeu by the delusions
which it held out, and by its calling itself the Con-
stitutional Association. If it had assumed is proper
name, G• The Birchin-lane Plot," none of those exalted
individuals would have belonged to it. Its affairs he
understood to be conducted by Attorneys who appeared
to look less to the interests of justice than to their own
emolument. No one would think of quarrelling with
an Attorney for looking to his own profit, yet he
thought he .had cause to quarrel with the parties in
question for the means which they used to attain that
end. No one, he believed, would deny that a suffici-
ent power was vested in the Law Officers of the Crown
to proceed against and to pat down all libellous offesices ;
and no one, he thought, would be afraid that thine
officers would be too delicate in the exercise of that
power. He was sure that whatever were the crimes of
Benbow and Dolby, and he did not stand there as the
advocate of sedition and blasphemy, bitt as the oppo-
nent of principles which he considered to be danger.
ous to the constitution of this conutry—he was sure
that whatever might have been the crimes of
Benbow and Dolby, they could have met with
all just and necessary punishment under the pro-
secution of the Attorney-Ueneral. The powers which
this Society assumed at its outset were those of dis-
cerning what publications were lawful and proper, and
if they decided upon any as of an opposite character,
then they were to be subjected to prosecution. And
here it was to be observed that the Society did not ap-
ply to persons who, from education and habits of life,
were acquainted with the Law of the Land, but acted
upon its own judgment and discretion. There was the
strongest oljection to any corporate body proceeding
to prosecute an individual. Ihe Law Officers of the
Crown were under some responsibility arising from
public animadversion, aid front the authority of that
House, to which the individuals composing such a
body could not be rendered liable. He had always ob-
served, and he trusted it was not taking too harsh a
view of human nature, that men, when associated in
a body, would openly lend themselves to transactions of
which they 11 °old be wholly ashamed as indirlduals.—...
Of course he was quite ready 10 acknowledge that he
possessed no deep knowledge of the law ; but he could
take upon himself to assert, tbat a combination
like that which he was now called upon to notice,
was not to be recognised either in the spirit or
the practice of the Common Law of the Land. And if
he could read and understand the meaning of an Act
•f Parliament, it was in open contempt of the Act of
Maintenance. Upon another ground, also, this Asso-
ciation was against the spirit of Law and Justice.
Upon a recent decision in the Court of King's Beach,
the Court gave what he considered to be a very extra-
ordinary direction, namely, that a defendant in a pro-
secution instituted by this Society, should have the
right of questioning every petty juryman to the fact of
his being one of its Members. Now, if the Court saw
danger i• this circumstance, and thought it accessary
to take this precautionary measure, how much more
mischief was there to be apprebinded from Members
of a Urand Jury being Associators. For this there
could be no remedy or defence provided. And even,
if under all these disadvantages, an Individual should
escape from the plots of the Society, and if be was to
prove himself innocent, how was he to recover the ex-
penses to which he had bees pot, or bow was he *ob-
tain remuneration for that time which be lost la the
harassing occupation of malting his defence? He
would have every possible difficulty in doing this, be-
cause he could not prosecute for conspiracy on account
of the difficulty of proving malicious it:teatime. There
would be anothor difficulty ales upon a trial of this
nature. It waxier t Jodie chicly to decide in
directing the Juiy.what coastiitted proof of mallelois
intentions and•of sotspieasy I- and those was the pos-
sibility that that Judge. might be at the same tiise as
anonymous. autnistriber Association.
fully perstiaded that sack
militate triad, the comititatios
teal to dos MIMI ir,"'
jade* liesed. Were '
It was !Wet gilt Mask

repehensible , ig
analogies of the Constitution, he thought that a prose-
cution, which was to be carried on according to the
regular forms of law, was less exceptionable than a
prosecution by the Attorney-General, who stepped over
those forms to a certain extent in particular eases. It
might, perhaps, be trate that the Society in querties
had originated in the private views of professional is.
illation's; bat he thought it very improbablemben
considered the great degree of public attention it hag
excited. One thing was certain, that the Society was
doing a great deal, and be was convinced that, the
snore its merits were discussed the more it would tri-
umph.—(Hear, hear.) The Right Hon. Gentleman
then proceeded to Notice other Societies of a similar
nature, which bad been instituted at the time of the
Preach Revolution, and the legality of which was sanc-
tioned by the highest Judicial Authorities. He male-
rained that it was most unjust to say that the Grand
Jury would be prejudiced from the mere cirensastand
of their happening to belong '
Dr. LUSHINGTON thong,
ordinary that after the almost
which Hon. Gentlemen
the last three years--after
present Ministers, and in the
which, under their admit&
Statute Book.—that a Ca(
up in his place and admit the
ciation as this to carry the "
tea° into effect.

Mr. BATHURST—,, I
its intensity."
Dr. LUSHINGTON—"
man denied that be admitted ,
be not defend it as being constitutional,
ty whose existence was desit
that Government were will',
of Sir John Sewell, Knight
Murray ?" Bither the Society
not useful. It was necesear-
If it was necessary, then the
done his daty, and ought
did Not mega to blame his
for he had properly done his duty, and selected cases
for prosecution wherever proper ones occurred, and he
was competent to continue the exercise of that power
which was vested in his office, without the gratuitous
assistaece thus pressed upon him. The Ritht Hon.oea-
tleman had said that this Association was quite constita-
tional, and not without a parallel. These parallels were
to be found first in the Association of 1787, called
the Crown and Anchor Association, of which MN
Reeves was Secretary. Of course he was old enough
to remember this Society, but be believedit never core
nieaced a single prosecution. He only spoke from re-
collection. The other parallel was one almost tee,
contemptible to mention, and upon which he was
ashamed to waste his breath. He meant the Society
for the Suppression of Vice. That Society whose busineill
it was to dive into obscene pamphlets, and to pr
cute the poor for what they called the profanation d
the Sabbath, but which in comparison with their owe
conduct on that day in the West End of the lowa w
wholely blameless. They were a set of eo
pusillanimous hypocrites, who prosecuted the poor •
helpless, but left the great and noble samoles
At the same time he was fully aware that many eh
racier* of the highest respectability and virtue su
ported this Society. With regard to the allusion
which had been -made to the Societies established fK
the prosecution of felons, they were established to
down moral ciitges to which all the world agreed
award punishment. But how wide was the diffe
,'between
•these crimes and what was termed polka
iewoaces. In the writings of Mr. Burke, every man wM
aware that passages frequently occurred which, Up".
muted by such a Society as this, would have Dm,
elegised into sedition in a charge to the Jury delivesell
by a corrupt Judge; and thus one of the greatest chi.
rooters that. ever adorned it would have bus lost le
'the country. l'he Honourable Member timpanists'
upon the difficulty which persons, if mailable's*
euted, would have in recovering damages fees
dirty. If coirnere Associations should be
tha repose which was so necessary to air p
would be disturbed, and nothing but dissension sod
will would be seen, instead of that peace sad quiet
which the colustry was so anxiously looking, For,
masons whist, be had Wore stated he should sots

that no ti
Odes a
Wren cat,
to be the
(Hear.)—
proper 0
atteaded

hs tboag
had ono
lo the fir
Member
to prober
observe.
it cedes'
rities of I
be did n
sufficient
oommitto
mendrd
bad dram
tri red to
bad befut

iiorro tits
to, or tle•
TOO"
as say II
Was. sal
tie false
akalost e

Mr. D
lierkree:
whicb bi
aintely
jection t
'only es
it main

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- - - - - -- - - - - - - - - --- - - - - -
br P it sTAT -.-*;,&,- •-•
- • WO
...• • • • •
haft ,r ~ • h haik Mr •
0 Wiper I Cider the disguise of Peers, Old Women, and If, Hinkel
oistioreca ,'1 jam elicit sisestiou to tetra 4tb for, la tie mode of 'teed Kik • nk. Leah's filimisters ?—(A laugh.)-...1( this society
fal Areas
• point, wise •it , no; CiPtaia BAMeo wits a Mina% , Skin e Conicity of York.—Lieve gives. was to he endured, they must henceforth *insider wsefisiest.
.144.4111/81MILLiiLlhe..atitleb.. Oa Ibis petal be, AP l 4 CRANUOURNlLeilOveditle.alliMetoilni. of Mr. Sharpe, and the %licher, Murray. to he the in tint.il
' fefecifitinlittlioble Marquess, and considered tilt potties cotninhted to prison for efinsini "ainT- the prosecutors of the public.—(Cries of “ Hear, hew) Mr. •ll
be actually suffered on that account. The Nettie Man. Game Lawi. _trona illb to 1121.--Oillired. It was not the Attorney and Solicitor General who havomtron
"Me stated the contrary to ban bees &unclaimed to Mr. 0. BADGERS leesilht up- the PAPA at tb& 4141.0-$1,48111411114 .11011 V bet -fatsrilurrir simillft spoke lit
be the fact, but on this sable., be had only the ipu Committee appeisted to enquireinto the Ophthalmic Sharpe most be the inspectors of
.vied ee • of the gri
theft of the Neapolitan Government, and in the state- Institution. ?AWN Was Until dasiitas _ _ _ rid }att the p
miiiiliiibleli came from that quarter, aftei what bad Mr. 1111111N1fraideestitud that a considers* tam ,and letini.- Ir 1....":1011,6- Witir 11.11.11, 'meat who WOO. sad
recently been seen, he (Lord William Bentleck) had had blimlettind by the Cesninittee to Sir W. Adruess- Winged to this Asiosiatlea, he trusted that the, tors of tb
not the smallest confidence. If that whick wen stated a slim wile* bi thisasittleteuter thin that indivi‘ual instil lose no time is withdrawing themselves from gritty for
' against Captain Romeo were true, he ought to have was entitled to reeelee. He harlot, before it was paid, it, beftire they bemuse Wm Its aeon members. • come deer
had nothing; if false, he ought to have received some- that the vote would be brought ander the coalition- *Pk bashful:in fame. If the Assochiltee didesnt igneranet
~
thing more cu lii nsiderable. The ease was one wh it Lion of the House. pomp*. Ilk, Holy legnisities. the power of 16,, ' Learned I
appeared to him deserved the most.hadelgent (minder The Report was ordered to be printed. dietliarimilily torture, it did possess and est ___ • he would
ation. . Mr. C. CALVEILT presented a Petition from the the of tenets/ Its victims by treachery eon ; iseguage
Mr. GOULBURN said, that if those facts bad been holders of certain Sufferance Whatfs in the parishes of assidt. If loch an eaormity was to be tolerated, It ', se promo
known at the office with which he was connected, St. John and St. Oleveth complaining of losses sestets- Mile evestiaally break up all sonadenee between ry " of the*.
which had since come to his knowledge, he was In. ed by them, through the regulations of the West India and man. Every sae woald distrust hie Isiitelsboswe ' L-- were tin
dined to think that the alternative suggested by the and London Docks, and praying relief.—Ordered to and ptoOle would he to each ether as the inhabiting ' even beet
Noble Lord would have been adopted, and that no be printed., of a pestilential city, where earti shinned the ether they bad
pension would have been granted. The Noble Lord Mr. BROUGHAM hoped the Hon. Gentleman near to avoid' coatamination and death. One thin was lads( tic
admitted that net having preferred his claim at the him (Mr. Ries) would have no objection to postpone certain, that it must destroy all fair and {meowed • prosecute
proper time, he was not entitled to prefer it now. This his motion on the subject of the Education of the diesuseitia ; and wins such a state of apathy was in' had they
individual was shewa to have been employed in the Poor in Ireland, on which he (Mr. Brougham) pia diced, despotism most be the necessary consequence. the Hon.
service, but it appeared that he was subordinate to posed to state his reasons for not bringing forward say The Hon. Member justified himself for calling upon condoet i
' another officer, and his reward had been proportioned thing on the subject of the Education of the Poor in the attention of the House, and concluded by movie, - thing mo
to what his superior officer bad received. the present Session, till a future day. .4 that an humble Address be presented to his Majesty, t s", '" the lows
Lord A. HAMILTON considered the question be- Mr. S. RICE postponed his motion till Tuesday. praying that be will direct the Attorney-General to Sabbath.
fore them to be intimately connected with British ho- CONSTITUTIONAL ASSOCIATION,
Mr. S. WHITBREAD. in bringing forward the me- eater a soli prosequi to all ledieuments laid against
ay individuals by the Society styling,iteelk • Tim Hoe. Me
had been
roar, and hot merely a matter of pounds, shillings,
thin of which be had given notic, wished it bad Constitutional Association." great, tit
and pence. He would ask if at that time Captain Re-
fallen into abler bands.. Though he should blame him- Mr. B. BATHURST spoke against the motion at ; °peaty, a
moo performed those services on which his claim was
self for taking up a subject of such interest ifeny Mom- low. Thi
grounded, the Noble Lord or the British Goveinmentconsiderable length; bat the principal point urged by
had contemplate) a state of things like that whirl*weight in the House were likely to
her
of greater
it forward, lie would consider himself still more se alibied I
now existed. Those services (part of which had beencalling upon the House to declare any opinion as to
blame, if when no one else offered to do it, he were to defended
performed in the British uniform) were directed against whether the Society wu unconstitutional orillegal.—
let that which was so important to the lives and fiber- motion 1
the existing Government, so that he was not in the si- He contended that the Hon. Member bad not entered
ties of Englishmen pass unnoticed. He had hoped thatwas stun
tuation in which lie might have been, having success- into any explanation of the principles of the Society,
some other Member would bring under the considers,arrived a
fully served the British Goternment he was persecutedand therefore it could not be inferred whether they quite kw
by the Neapolitan Government, and therefore could lion of the House the proceedings of a Society as ode- were repehensible or otherwise. Reasoning from the detractio

long to the Society.
thought it not a little extra. '
teqd almost Insist
jpower
opposite itiedse= for ..i
r the sway of lain Siesty's i '
the face of the,millneyosa Laws
tistratioe bad tßegsacel
'billet Mistletoe sheaW stead .
the necessity Drench an Amp :.
e Laws against libel and se&
I did not say one word as to
'' The Right Hon.. Gentle.
'tied its necessity. Bea did
constitutional, and as a emir
esirable ? Did be not allow •
!ling to receive the assistance
ight ; Mr. Sharp; and Mr. .-
ciety was useful, or it was
miry, or it was not necessary.
the Attorney-Oeneral had net
tto be made do it. Bathe'
s Hon. and Learned Friend.

•
e to th Anoeiation. He was ihe etatios et lie Hoe. Ftbiod.—
ireh a eeeibtootiod of soils omit Bir•biATHIVI CHOLMBLBY, le a Owe of vette
paidenties a 46 ...my, mid ibis is the Oallorb spoke short! &piste the
gees freed wiggle the Mete& et 4 ISO leers Ler gteeeelel the
they*, oblate trete.? basair 1! 4, • 'l' rtilorti
tat htplityl'-ok lieitait it' lin C badrisi L.+ of void
Oft • -