The Statesman.
London, England, 1814-11-24 00:00:00

THE STATESMAN.

satisfaction
and Learned

opinion that were.it in hia
raise the fine, heowiitta
procure MI liberatrmill and
of ilehion thlit ihe sen-
t. believed Mt. Lovell.
hose who` knew-Min as so
that he could not procure
sort of security for Allgood behaviour..: Let Mt
klejcsirsGovertmen reit* the fintyind contentthem.'
selieb wI tb seen ritrto lite extent of 2001. and it world,
he had no doubyte obtained. Government would act
wisely in doing this, for if no mitigation of the sentence
was consented to, the public would certainly take
up the case of the Petitioner, and the 00111. would
be called upon to take a more decided interference
in the matter. He had seen letters in Mr. Lovell's
possession from malty of the Members of that honer,
highly creditable to the feelings of the *Wets, and
promising pecuniary. aid in the wily of subscription.
However much the situation of the Petitioner.called
for this sort of aid,' he trusted it would not be ne-
cessary by any disinclination to mercy on' the part of
the Government.
Mt: PONSONBY thought this a case well worthy
of the attention of the Houle, and one which, whilst
it exhibited an instance of extremity of suffering,
calculated to excite general compassion; and justify
the extention of Royal clemency, suggested also the
necessity of some amendments "of the law as new ad-
ministeredr relating to libels. It was well known
that the laws of this country .recognised no such
thing as excessive fine, and nothing could justify ex-
cessive severity. The Bill of Rights expressly de.
dared, that excessive fines should not be imposed.—
fine was of this description when a man could not
pay it, and to insist upon this when the offending
party was unable to comply with the sentence, was
an aggravation of punishment- inconsistent with late
and reason, and the more severe as there was no k now:
Mg when the misery of the sufferer would end.
Offences ought not to .be, made sources of emolu-
ment to any one, far less to. .the State.
There was no case in which ist coon of Judicature
ought to be more careful than in ideas. tori !te.cneilists.
The excess depended on the means of
ithe party.:
In the present case it was evident that whiteier tje
fine had been at the time of the sentenee, it was 110 W
beyond the Petitioner's means, and, therefore; ex-
cessive justice consequently demanded that that part
of the sentence should now be dispensed with. After
such a long period of imprisonment—after six months
additional prolongation of that painful period of suf-
fering and ruin of circumstances and health, the Pe-
titioner was certainly entitled to some clemency, and
he trusted it would not be withheld.

thought ratl
of the" Court
Learned Geo'
fot' I heaty

[hear, hear, at... _
as were, rather calcalated to excite a ,
which ought net to exist, against this
than an answer toms application for nwif
of four years imprisonment.—[Hear, hear!]—Tht
Rouse, in his opinion, had nothing to do with a re.
vision.of the sentences.—they were not Impugned
though certainly the statements of the l'ettitiopery
'which, he had no doubt, were facts, showed most
Utrikingly the . harsh manner in which he had
been dealt with—what extreme partiality there
was in his punishment—Wear, hear, hear!)—
It was almost impossible not to suppose that the
sentence in this case must have appeared extrava-
gantly severe, even by, the chart who inflicted it.—
What offence wax there on' earth for which a three
years and a half lingering imprisonment was not a
sufficient. expiation I—What was there in human
transgression which -could merit a severer treat.
went 174 sentence of death was mercy when corn.
pared with lit.-But what was the offence for which
this 'ieirere pnriisitmene had bOlp awarded 1-1-It was
one which unavoidahly grew out of a free Gilmer'.
ment. The freedom of diecussion, without which no
country could be free, made it frequently a diffi-
cult matter to avoid. the commission of what WIWI

termed a libel. —[Hear 1 The laws on the subject or
libel were of such a nature that they were frequeittly.
more honoured in the breach than the obaervatita.":
But, whatever might be -the policy of the law, Ail
imprisonment in this cue had already continued be.
yond even the long term of the senteume, and the
question now Was, whether a period shoeld aot at ,
last he put to the sufferings of this unfor/tanate man ? 1
He hoped, that if a termination was not speedily put
to his imprisonment, his Honourable Friend would
at some period of the Session again bring this subject
before the House—he earnestly etilreited him oot to
relax in his efforts to, this end ; he, for one, should
feel it his incumbent duty to give his aid, and he
hoped other Members of the House of Commons
would also feel it no less a duty they owed to ha.
inanity to give their cordial support to such min.,
yours.

Sir GILBERT HEATIICOTE said the Hon.
Gentlemen opposite would do well to take this case
under consideration, and recommend a compliance
with the prayer of the petition. It was hot usual
for the House to interfere with sent aces of the
jndieial tribunals, but it was author in doing
so when there was an appearance of unnecessary
rigour or injustice. This interference was not
at present craved—a Petition for mercy on the plea
of long and extraordinary suffering was what called
far attention, as no other means for the attain-
nient of relief had pre'ved effectual, and all that the
House had to do wps merely to give exprossion to
their wishes, and. these he thought should be in
favour of the' Petitioner. Mr, Lovell's case was
confessed to be a herd one ; he might deserve
the name of a turbulent man, but that was'
matter of opinion. Ile himself (Sir G. H.), he
suspected, was considered by the Gentlemen op•
posite rather a turbulent person—[a laugh];—and'
so perhaps might all the Gentlemen on his side of
the House, but that was only matter of opinion with
the other side.---[Much laughing.]--There was,
however, too great a disposition with these Gentle.
men to consider ail who differed in opinion with them
of a turbulent cast • but the exercise of authority in
suppression of political sentiments, or relating to
any thing connected with the preservation of the
rights of men, was net to be silently regarded. He
could not but deprecate the way• in which those who',
were held guilty of libels were punished. There
were some species of punishments awarded to per. I
sons pronounced offenders in this, particular, which
certainty were worse than death.---[Hear, hear !]-
For in many cases, these persons; who were generally
men of education were treated as the worst of felons) 1
and made companions of the most dissolute and repro.
bate criminals—nay, they were often made to suffer
an addition of punishment, which was never con-
templated,
as gaolers sometimes thought it meritori-
ous to add every severity in their power to the sen-
tence of the law. He did not mean to say that this
was the case in the instance of the present Peti-
tioner, but he knew of such cases of hardship.---:
The Hon. Baronet mentioned the cases of Mr. Cob-
bett being at first pot among the felons in Newgate,
and that of Mr. Finnerty's treatmeant at the Castle/
of Lincoln. This place, from its comparative extent
and advantage of situation, was fixed on as one ,
where the Prisoner might naturally expect to enjoy
as great comforts as were compatible with his impri.
sonment ; but what was intended as mercy to the pri- I
soner, was, through the rigour of the gaoler and the
interference of tyrannical Magistrates, converted into
a punishment infinitely beyond what was in the ,
contemplation of the Judge at the time when the
sentence was passed. To this fact he could speak !
from his acquaintance with that part of the court, I
try. He had no difficulty in saying, that endeavouri I
were but too often used to render the situation !
of persons suffering for libel as uncomfortable •
as possible • and that there was a rigour too often
extended beyond the law. He thought that Go-
vernment would do well to apportion a part Or the
resources with which they were entrusted, in the
erection of a particular prison for persons convicted
of offences of this nature, that no unnecessary 'eve.'
rity might be experienced by the classing of men of
education with persons of the most depraved charac-
ters and habits.

Mr. BATHURST observed, that the question
was, whether the additional imprisonment suffered
by Mr. Lovell could be held to be a sufficient com-
mutation for the,fine he was not able to pay. ,With
regard to the securities, the Court always formed Its
opinion not merely upon the pecuniary, cir,cum-
stances, but also upon the conduct of the pcistmer.
Mr. WHITIAEAD loped that nothing that had
fillenlrom him would have the effect of injuring the
muse be had espoused; all that he craved was mercy
to Mr. Lovell ; and was happy to and that the dis-
position of the House was so much in favour of the
Petitioner.

Mr. Alderman ATKINS found it necessary to
make some observations en the safject now before the
House. In the course of his duty, as a Magistrate,
he had visited the room in which Mr. Lovell was
confined, and he believed, from other particulars
which had come within his knowledge, he could
speak to the Petitioners's situation. Frnm all 'that.
he perceived or could learn regarding Mr. Lovell's
affairs, be was convinced he was unable to pay the
fine inflicted upon him. He was certainly not living
in affluence, he had nothing but articles of common
necessity about him, and his circumstances, he was
persuaded, were those of a diitressed pinion, which
was not surprising at the'ead of four years tnnfinement.
From the conversed°. which hi had had with Mr.

ever have and never will deny it. It ,
ted in this account from authority, to
a endeavouring to detract from the
sour of his Royal Highness, Colonel
would not have been promoted: The tr.
have understood from several military
Butt where an officer had had the comity
giment, and had so distinguished himsel)
the Commander of the forces to mention
the dispatches, it is the atnittins_pfactice
that officer one step in-rank. But it+
or be not.the rule, it makes no difference,
Roberts had, until this affair, received
of tho kindness and favour of the Prin.
its to the former part of the paragraph t
am most anxious that. the House should
tinctly to understand that I did not,
fully state any fact on the former nigh
-not borne out by the evidence. I '
making my statement I trod on
ground, but I thick the House wilt do
think that I did not bring forward
which 1 did not believe to Woo, or wit
evidence, which, If called'epon„ I cow
[Hear, hear !]—The. thing denied Ity
letter was, by the dOsire of the Officers
meat, given to the Prince Regent. I
I maintain that the letter was not given
Palmer to the Prince Regent at the
Officers. The•precise contrary was C
Officers of the 10th were most anzious
ter should not be given to his Royal 111
affirm that when Colonel Quentin made
for the letter as from the Pii..,l Regeiir
refused, and I call upon my Gettoit
me (Colonel Palmer) to state, whether
authority to give the letter to the Prince ,
1 whether he wits not en, the contrary, deli
.1 siderthe letter es cancelled ? :sherbet.,
had berwsigned, they did not Aid? to
This is a most material part of the tram
cause upon that, give one leave to say,
4711fesiew against the!, Mint. There
illuitli:4ler, which snow persons have cal
• robin, - *One them : the Order frees .
Clotted+ istatesV thaethe whole pro, Peding originate
in that letter, which would not aim could ant
been prodoceit,if that conduct had been permed,
which it was supposed would hare been pn rsusd. I
therefore call upon the Hon. Gentleman (Col, Pal.
mer) to state, whether, when Col. Queutiu tads at
application to the Officers to give up the ilfttet, bat.
inedt is_ said, the corium nd of the Prima, Regent to
require it, the Officers did riot Intatlignoe6.l, refusese

resign it ? tis it not, the fact, that t Noe
did afterwards go with the letter to the ;Met itt.
gent, tor 'whom bower' commanded to ;Ivo ittop,int
without wbiel, command Ise would not haws, resimd
the possesainti of it Tileransieliontee tl.oc tbt
letter was-put lota the handy of the Pr:-
the ...(I;fic4is were visited by tae'dreadful p% inishmtot
.whioh has since' been • Inflicted. I wish' Roue
distinctly to understood that what I moo led oa t
fOrmer night, is borne out by the fact, that tI 01.
cerg never did consent that the letter thou Id hells.
livered to the Prince Regent, on the I
that they wished it to be consiUred os it • the

. !ter haditever been written. The truth is, i
THE TENTH LIGHT DRAGOONS.,
I I
Mr. TIER.NErrose and spoke se fellows :—The : Royal Highness being made aware of the e.l
House need not be informed, that yesterday a notice of 'a letter,. did command Colonel Palmer to ,
'i.was given of a renewed discussion relative to thelpro- up, and that his Royal Highness did .take.tf oft,
ceedings of the Court-Martial on Colonel Qoentin,'. from his'hatids, furnish evul wets
and dkt thereby .
fill
and the conduct of Government towards the Officers the Prisoner, ea which his Royal Highness , lid
, ~
of the 10th Regiment of Light Dragoons. Lives not himself justified in passing the most severe le Mom
itrere at that time that I was it all implicated by the, upon the'olficers of the 10th Hussars. It is sot
paper to which the Hon.. Colonel alluded a. but,when toy intention upon this occasion to go into an sr.
,it was afterwards put into my hends, I found that g!tmeet upon the Wu*, or. to 'provoke atiy nest
my conduct had been celled lido question to the full', Flocessiess.:, it is the lasi thing I hove in my coPleo'
as mach as that of the Hon. Colonel. So far I differ plation : I had hoped that there woeld be no occh
from him upon this occasion, that I think,the,sooner sion to trouble the House et all, .bet pinned in !yin-
-1 that Paper is noticed the better, • and .for
rim- : culiar situation, charged, /all am frost .
pose I beg leave to call the attentien,ef the louse to (and no man can dreiht what thaVauthority it,
! a subject on which, considering the part ) hate then, daily when she fiords areyrintiad in Italics),
it may naturally be supposed that my. feelings , are , that I amisimint, in duty td *. 'own character
very much alive. ICU a Paper of sihich'til'e,mean upon the firm' iatibleGetstleman to staler
to complain in the harsh sense of the word: ~I knew in the Siettslioril made, lbere*ls one duet
i. . ..
Ithat all public men are liable to animadfr.r. rie. end... which is not established by the flott. :As $9
i had it purported to be the opinien 0r.4.4), ;cot of mord• between' the gallant Coloosel ead.iihe
, the,Conricr (in Which %Tema! it was
upon
Wiwi), I: Iteggirt, there can be'
no other' teitirenny thitu'llb
I should not have troubled the House O4 occa, ' own. With respect to the Oirsieil• reining' iookti'
i• •
• but the document is given as from authority— ; Ter up the' letter. In the mess-roomi I can Wail
t also,
i and although. I dooot mean to state what that au-, every Officer who was present; bet *hat Icall slim
Ifthority is, under the circumstances, I suppose there , the Rutiourable Colonel to ,state is, •whetherie, Ilf
is not a Gentleman here who will; not feel certain !' desire of the Officers of the 10th Hussars, had pat
that it is no ordinary nuthoritY. It lives a contra-' the letter into the posiessiee of the Prince Rogoott
diction to a statement.l felt it my, duty to make to and whether his Royal Highness did not avail him-
' the House, of facts whiCh I adduced to support my self of his situation to furnish .the. Prisoner With
argument as to the bard situation in which the .ofli- evidence against the Officers by giving up that lOW
I airs of the 10th Hussars were placed by the conduct , which was made the- foondetion of their punishment!
of Government. The passage to which I particular- : .'rOnset PALAntli. stated that he cime doors to
ly advert is the following:—" 111 the same Papers' the House in consequence of a note from his Rig
Mr. Tierney is made to sey, 'that .col.Que,ntin ap.. Honourable Friend this morning, and Mier whet ht
plied to the Officers at the mess,
_ dearondiog,,s ht.: had said, found it necessary ioenter 411100.0
stated, by the authority of. he Regent;thet the lei T,! flatten, which he shOuld have wished' to *MT •..
' ter should be delivered tettim•, hut ibis dessind•waa std, twit he entered; into the Whole of tie'.
not complied with, and Open reference to the Regent' stances. With respect 16 the letter in. geolltboosi„.
it was found that no such atithorityled been given , knew nothing of. it.until It nap delivered to SKIT
to him. That on a sdbiequent audience Jae 'Went the Officers of the 'reginient, .to be used at /1064
demanded this letter hem Col. Pelmes,atid it was at. cretion. He had felt it right, Utile first Indoor
cordingly Surrendered to his Royal Iligrinesa, through in point of fairness anti honour, as any Gentians
whom it found its way to the Horse Geards and Col.l...,present would have done under stick cicosestascm.
Quentin.' " And Mr:Tierney is alito.mede 4O say, to communicate it to Colonel Quentin.; bet Co*
" That Colonel Roberts, for the gallantry and • good dered that it was a matter of confidenie betweeedeb
conduct of the regiment under his iteapicei, while Officer and himself, nor did he conceive himself /no:
subject to the inspection of the Duke of Wellington, therbound to Colonel' Quentin than to commit*.
had been raised to the rank of Lieutenant-Colonel, thacomplaints of the Officers to his Reyalitlighallli
from his station of Major." As to the latter words . which he did immediately afterwards, as aolsonlol'
of the paragraph, I•do not comprehend whet, is the ing Officer in the absence of Colonel-Quentin, Ott
difference between what lam represented_ es having lie thought it his duty to wait upon the Mum Fin''
said, and the subsequent statement given from . au. gent to inform his Royal Ifighneint of the state of de
thority :ifit be thought that I memo, to deny the land- regiment, but did not. say any thing regarding
nesse( his Royal Highness towards. the Officer !lamed, ' letter,—Colonel Queftlie was at that time ablelA
my relation, I was certainlY, misunderstood, be. but he unexpectedly returned, and was present duriag
cause I expressly added, that nothing could make me the reit of the conversation. Colonel Palmer' WU;
forget the sentiments of gratitude that ought , to be ! deiired to go to the Officers of the regiment, spa
felt. It is aiserted, from authority, that Colonel a deliver the commands of the Prince Regent; that'
Roberts was. relied to . the, rank of Lieuterkant-Co- i they: should prefer charges 'against Colonel Queotil'
lone!, by the unsolicited favour of the Prince Regent, i While the Officers were considering the sake',
to whom as Colonel of ihe 10111 Hussars .he pre.l Colonel Quentin came to the mess-roam and demand-
wilted himself immediately on his return from the ettlies. letter. Vie Odicers• refused, ustetti"g 11l
Peninsula. The fait is, that there had feet', an itc.l the Jtter had rietbeen'delivetra, and was; in•effec:
lion, in which Celonel Roberts Inni alistingui!.hed ..cpiielled:. Colonel. Qbetititi theu •said Wit lie hi!
himself ; but at the same time lAmit that _it vieisetri Fhb .ertir 'or" the 11 Prince ' ' t that ,th or should
act of favour on the part of the Prince Regent ; -I
• deliver It up) and stated his intention of e'llch'si'l

lin !tearing what had been said by the Hon. Lovell, he wa „ ly of op
td Gentleman who had taken upon him, he (the Petitione goiter to
:her unnecessarily, injogi p satt wit 'to pow
It against the unhagp/ t r• 1 T tin tit vi be wns I
entlentan spoke it' if *e iser titilletinig kcgin l e iekrgited
ry ientence *Wale m 4,11440 1" pr, 'wit/eat oke *nit kith,
ft*, hear !], and his observations were such dangerous a character as tit

. .
~....jr....4aziar
1.4..._
It is ottfy . ft-7
•
ity, to shirr kit
the kindness telw
when, hat fo# eye
Colonel Rah%
The truth isoliti
iilitary Genitalia
command of a .
himself veto I *. .
mention hit; w ~
pfactice to 111
at whether
Ifference, doter€ 4,.
aired many 404
~
Prince
.Regiaik
traph that I reek%
itould be made (11.
not, at lean ail;
r Hight which ese
I know that w
extremely dell
ill do me. Sas*t it
ward at faetklit
or withoot Wife**
I could. atitiasa,
I try me is, that this
Ifficer. of -the regi.
t. I re-ilfirm it.—
given II Colo
the de sire of tip
is as the fact, for th
ainus th at the lm
yal Higi meas. Ire.
I made The dee*
regent, the Ohm
int Fri. end bliirt
Nether I to had lay
Prime Ilaegent, of
try, deli red to est.
ilether, Wham if
tab to wiitbdreetitt
he trona *lion, be.
say, torn *the *hits.
(here is t lethiag ha
ave ealle 4 a round.
r front the lions
rnreeding etigitene
silo could wet haw
had been permed,
to beets pe railed. 1
!liftman (Col. Pal.
Di. Queatiu made at
it up the liter, hat.
he Prince Regent t,
um i inneGli refese If
ti.t, that t ,01. Pokier
fr. f hen tiriaTs Da_

tit, 01.
i Id he da.
snottily,
f the let.
0,144 his
e. sighted
o give ft
th IP Witt
id ease is
3 , lid fed
so intend
[t is sot
o an sr.
any new
y cants.
no wet•
in inype•
caked'
p ill, e*
a), ( fed
ter to sitit
whet,'
e syl
to wine
he Haas
then his
1 to deli.
a addia
call epee
er hat by
had put
1 Revd,
wail his-
ner wits
at lOW,'
tightwad
doers 0
ds Right
r what he
lil ,T#
j ot V..
WON
1 16.1*
t WOK
into*
endow,
sew"
et cett
wenn ow
sad( frob'
smoke
lighaeler
minutia-
in, when
ince Re-
le of the
ding do
ablest,
It dude;