The Statesman.
London, England, 1822-06-06 00:00:00

THE STATESMAN.

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lion of the journal kept qv the Magistrates at Ilchester
gaol, thought, as a matter of course, it would have been
produced when an inquiry was pending on which it
might throw light, and was mach surprised that the for-
uier motion on this subject had not been acceded to.—
The statements which Mr, Hunt had made, that a door:
had been closed which was necessary to be opened, in
order to ventilate his apartment ; and that a Magistrate
had refused him permission to see his eister, which it
was said the Rev. Dr. Colston had authorised in Hon.
Member of that house to contradict,-deserved seine at•
tendon, in order to shew what degrettif. importance
• ought to be attached to his anthority..jhe new jailer
bad opened the door, not on Mr. Hunt's account, but to
correct theinsalubrity of the prition. lie'(Sir Francis
Burdett) understood that Dr. Colston had written a let-
ter to the Secretary of State, representing that it bad
been necessary to close the door to question which led, to
that part of the prison called fie Factory, as workmen
were employed there in c.mserptence of its having been
lately burned down. Now be(SirF.Bortlett) had been at
Misstates., and having seen the prisoq with his own eyes.
Could say,it was impossible that it should have appeared
necessary to close the door for the weep which had
been assigned. as not a stone bad been touched since
the fire took place, and the factory had- rietjet been re-
built. The other point was snore important. In 18:10
application had been made by Mr. Hunt to Dr. Colston,
and another of the visiting Magistrates (Mr. Moody, he
believed), fur permission to see his sister, in order to ex-'
ecute some legal instrument. and hail been denied. Now
one of the contradictions authorised by the Rev. Doctor
being negatived, by what he himself lind seen, and the
other being, as lie believed, capable of being contradict-
ed by witoesecksybo were ready to appear at their bar.
he knew not what term to apply to the conduct of that
individual ; but he thonght it clear that he was unwor-
thy to remain in the Magistracy of the comity. He bad
seen at .lath,io a paper called the" Sherbonse Mercrry,"
a lengthened report of a speech made by an Honourable
Oeotleman near him, in which, very incorrectly proba-
bly, it was stated that Mr. hunt and a turnkey of the
name of Hobbs had conspired to punish a Mr. Wyatt,
because the latter bail surprised Mr. Hunt with Mr.
Wyatt's niece on Isis knee. This story, he was convinced.
was without the slightest foundation. The insinuation
which it contained was very gross, and ought not to
have been advanced on slight grounds. This Wyatt had
waited upon Mr. Hunt who bad finally qnarelled with
him. The lion. Baronet then referred to slew that the
evidence of Wyatt was not worthy of attention—that he
was at best hut a half witted fellow, who had been con-
fined for a violent assault on his wife and children, and
that his testimony hail been very properly stopped by
the interference of the Commissioners on account of its
trifling and irrelevant character. He then called the
attention of she house to the case of a man of the name
of Evans, who had com;dained against Bridle. and who
had been confined in irons. By 'he way he thought it
right to remark, that all who bad complained of Bridle,
whether officers or prisoners. had been visited for doing
s.l in some way nr oilier. It appeared that an Hon.
Member of that house, to whom he had before allotted.
had sanctioned the use of irons on one occasion. Ile had
gone down to look at the wall where the man bad got
over, and had approved of confining the individual in
the way he bad described. Evans had been confined for
six months, hat it did not appear what had been done
with him. He could wish to know when the man had
been delivered. or whether (es might be the case for
aught that appeared to the contrary), be was still in
solitary confinement. The subject most be followed up
in some way. It was absolutely necessary to ascertain
whet had become of this man, and that appeared to him
an unanswerable argument in favour of the present emo-
tion. The book which be called for ought to be pro
duced. The Right Hon. Oentlemaa, in refusing to
grant it, had fairly admitted that it was not to be re-
garded as private, as containing 'fleetly the memoranda
of the Magistrate's private pocketlerek. He would not
all for it if be thought it would make against the jailer
Bridle. But he should judge. that instead of prejudicing
ltim on his trial, its production arght be necessary for
his defence, in order to chew that this or that act was
performed in conformity with the order of such or such
a Magistrate. lic hardly wished to see Bridle prose-
cuted at all, as be conceived nowt; of what be had done
to have been caused by the coarse which the Magic-
trates had pursued. There weretwo acts which appear-
ed to he his own, the placiag of a blister on the bead of
a prisoner, by way of punishment, and the confining a
poor female, with her infant, without giving these even
the refreshment of a drop of water. He hoped be woeld
only be called upon to answer for those acts which were
untionhtedly his own, and that the Attorney-Oeneral
would be careful to lay the venue in another county,
and to make such other arrangements as should secure
him a fair and impartial trial, and counteract so far as
might be,neceasary, any disadvantages under which he
might labour at present. He however could not see that
the production of the Magistrate's journal was likely to
prejudice his case, and from the m in which it was
noltheld, he suspected that it contained something of
importance. Ile concluded by moving an humble ad-
dress to his Majesty. praying that he would be gracious-
ly pleased to give directions that there should be laid
before that House the journal kept by the Magistrates at
llchester jail.
Mr. Secretary PEEL said the Hon. Baronet had, per-
haps unintentionally, misled him and the House, when
rising ns lie had understood merely to move for the pro-
duction of the Magistrate's journal, he had gone into
so many circumstances connected with ',cheater jail.
lie now proposed to confine himself to the motioa, and
the grounds on which he should oppose it. He had al-
ready stated, that on the Report of the Commissioners
to the King, lie bad felt it to be his duty to advise cer-
tain proceedings with respect to that Report. He had
t then the opinions of the law Officers of the Crown.
They had advised a prosecution of the jailer, and had
accordingly directed a prosecution to be commenced.—
lie had also add r d a letter to the Lord Lieutenant
of the County, stating' what hail been reported by the
j
Commissioners as to the !cite and condition of the ail,
and requesting him, though be believed that to have
been unnecessary, to call the attention of the local au-
thorities to the subject. He also wrote to others who
were concerned calling on them to explain what had
affected them. The. Hon. Baronet admitted that Mr.
Bridle at present laboured under some disadvantages.
All he (Itr. l'eel) desired was, that these should not be
increased, and therefore, lie was anxious that the Jour-
nal in question, and the explanations which it might be
necessary to give with it. should be reserved till after
the trial. Then, should it be necessary to the elucida-
tion of the conduct of the Magistrates, he could pledge
himself to consent to production of any part of the
JOurnal, or the whole. The explanations which would
be given, he was bound to say, would, in niany instances
afford much satisfaction to the House. With the Jour-
sal, the trial being over, he would consent to the pro.
diction of any document respecting the trite and con-
dition of the Jail, or the conduct of the Magistrates.
Till then be hoped this discussion would be waived ; lie
only wished it to be postponed till it could be enter-
tained consistently with the fair administration of jus
tin. One word. with respect to Dr. Colston. The re-
presentations which he had made had been confirmed by
those received from other parties not connected with
him, and who were the.same to whom Mr. Hunt owed
the relief from the inconveniences to which lie was for-
merly snbjected. With respect to the data of permis-
sion to Mr. Henry Hunt to see his sister, he would re-
peat the words of Dr. Colston, which were that " the

first intimation ho received that Mr. Hunt bad a sister
at all he had from the declaration of the Hon. Baronet.
He bad 'applied to Mr. Hunt the regulation of the prison
with respect to females, but doing an he had not the
elightest idea thane was interdicting him from seeing
Ile (Mr. Secretary Peel) could not hesitate
to give credence to the statement, coming as it did from
a Magistrate and a Clergyman, till ha bad strong
grounds for doing otherwise.
Mr. DICKENSON complained of the attack made on
him by the lion. Baronet without tbe least notice having
been gives of such being his intention. He hail &faint
recollection that on one occasion be went to look at •
wall which a prisoner bad got over. What he did on
that occasion was written down and left in the jail. If,
in that instance be bad sanctioned the use of irons, he
would appeal to any one in that House but the Honours
able Baronet, if they could be more pW properly applied to
any.one than to a prison breaker. ith rop
respect to tbe
closing of the door, be stated, that if the wall had set
been rebuilt, men had been employed there at the tinse
when it was ordered to he shut. objected to the pre-
duetion of the journal.
Mr. BROUGHAM, after what had been stated by the
Right Honourable Gentleman (Mr. Secretary Peel) as
the journal could not be pranced without prejudice to
the Jailer, who was soon to he put on his trial, thought
the motion hail been resisted on reasonable grounds,
and was of opinion the Hon. Baronet bad better with-
draw it.
The ATTORNEY-GENERAL opposed the imme-1
diets production of the book, as hkely to prejudice
the case of Mr. Bridle.
Mr. W. COOPER read a letter exculpatory of Dr.l
Colston.
Mr. Alderman Wood maintained that the deiWts of
the jail ball not been remedied, and its state had been
such that 4000risoners out of 6000 had been 111. 110
did not wish thep motion to be withdrawn.
Mr. DICKENSON stated improvements to bare been'
made in the jail, and a machine had lately been procured
to pump water up from the river.
Mr. ESTCOURT said, with respect to the statement,
that out of 6000 prisoners confined at Ilchester, 4000
had been sick, rested on documents which bad been
framed for the Quarter Sessions. A new account was
made every time, the whole remnant being carried over,
so that one prisoner who should remain during three
Quarter Sessions would in these returns count for three.
He did not think the production of the book would be
injurious to Mr. Bridle. It iiad been in the possession
of Mr. Hunt many days, and if it has contained any
thing that would make against the jailer, lie did not
think it likely that It would have escaped him (Mr.
Hunt.)
Mr. BROUGHAM explained.
Sir F. 13URDETT replied, and after some remarks
on the probable effect of the production of the book.
consented to withdraw his maim—The motion waa ac-
cordingly withdrawn.

".-0,00%... - -

._.w.,:

AI lESI ACT.
Mr. Secretary PEEL thee rose to bring under the
consideration of the House the renewal of the Alien
Act. His intention was to propose that this Act should
be continued for two years longer. Since notice of this
motion had been given, • considerable time elapsed, bet
very soon after an Hon. Member of the Hotter (Mr. Hob- i
house) stated openly. that unless a very free and fair
discussion was permitted upon the subject, he would op-
pose it by other means than those which it was th
practice of Parliament to resort to. Now it was not his
(Mr. Peel's) intention to push the forward. nn-
til it had received the fullest latitude of discussion. He
entirely acquiesced with that Hon. Member. that it
ought to be fully diecussed; he and his friends 'hour
him were disposed to treat it in that way, and after lbay-
ing said so much it was unnecessary to ask of the Hon.
Member that be would sot resort to the clternative *Mt
bleb the proceeding was tbreatened,s--(Htear frotwil_gs
Hobbouse.) would. bowsaw,. iffi felt by►the Houle,
that whilst lie (Mr. Peel) signified his williegatess to
discuss the question, he had brought himself into a dif-
ficulty. Upon • motion which had been so often sub-
mitted to the House, it was very difficult to offer any
thing new. The obvious arguments by which it could
be defended, and the objections which might be taken to
it, had been already stated so often and so ably, that
little more remained for him than to repeat what bad
been said on these former occasions. The nature of the
danger to be met, and the necessity of meeting that dan-
ger, were amongst the arguments in support of the mea-
sure. The objection. and the strongest one which
could be urged was, that it was not called fur in a time
of profound peace—in the seventh year after the termi-
nation of the war, and at a period when, according to
his Majesty's speech at the beginning of the Session. we
were in profound amity with all nations. This was an•
objection, of which he (Mr. P.) felt the full force. He
felt that be was proposing the renewal of the Alien Act
in • time of peace, but be felt also that that owe was the
termination of a warfare unparalleled for its character,
its levelling principles, its revolutionary destroying
principles.—(llear.) It was a war which affected every
state of Europe, in which some ancient Dynasties had
been overthrown, and others put in their places. Any
one who reflected upon all these circumstances must ad-
mit that the present measure was not unnecessary. It
could be said that the mere words of a Treaty, or
the circumstance of its being in force for seven years,
could be effectual in extinguishing those principles
which bad been broached during the war. For many
years the greater part of Europe had been in a fer-
ment, in some places open rebellion broke out, in
others conspiracy carried on by means of secret so-
cieties.—(Hear, hear.) Many of the persons COSl-
cerned in these affairs had fled for refuge to this coun•
try. Here they found a reception, no matter what their
principles were, what party, or what association they
were connected with.—(Hear.)—Here they found an
oblivion for all their past conduct, and in no case was
protection refused them. 'Even where there teas a want
of adherence to the formalities required, he appealed• to
an Hoe. Officer opposite, if foreigners had not been
treated with the gr,•atest liberality.—Hear from Siqit.
Wilson.)—He wan warranted then in saying, that not-
oithstanding the Alien Act, there WSS no instance of
the ncient hospit.dity of England being violated. All
who came to seek protection were received, and those
only who sought to make the country a theatre of poli•
tieal agitation were refused admission. He could men-
tion the names of many persons who were most conspi-
cuous in all the convulsions of the continent, resident at
this time in the country, but he was unwilling to make
them conspicuous. He would show that the effect of the
Alien Bill had been not to diminish, but increase the
number of aliens in this country.—(Hear.)—ln
there were but 22,000 foreigners here, now there were
25,1100.—(Hear.)—The increase of late years was very
perceptible. The increase of the arrivals above &par-
tnres in 1819, was 266; 1211, 6U2; 1.21, 6./5; 1822.
635 ; for five months only.—(lb-ar.)—Hy this it appeared
that the increase in the arrivals for five sssss ntlis of this
year was equal to the whole number in IN2I. It proved
that the Alien Act did nut prevent this country from
being the resort of foreigners. It placed no bar to the
ingress of all those who had any legitimate object in
view; anal there were many here now who fled hither
nut only to escape prosecution, but absolute impunity
for crimes committed. But it was said that this very
increase in the number was a reason why the power
should not be continued to Ministers. This was •
strange argument. for if the number had been lessened
instead of being magnified. the same argument would be
used against him. In fact, one of his principal objects

•'Moto afford protection to Aliens.—(Cheers.—What was
the meaning of those cheers? If persons were allowed
to remain in this country, was there not, be monad ask,
a total oblivion of the past, no matter what the acts
might have bees t Ili. Majesty's Government said to
Aliens, We are willing that you should remain in this
country, lint on the condition that you shall not abuse
the hospitality that it affords, or desecrate the sanctuary
into which you are received—you shall not make this
metropolis the seat of conspiracy." He conlel not con-
ceive a greater evil than that in the capital of the Bri-
tish Empire foreigners should have tile power of con-
spiring against Sovereigns with whom we are in alliance.
If the house should do away with the Alien Act the most
ruinous consequences must ensue ; but if Hon. Members
were to call upon him to slate why he thought so
I be was ready to admit that he could nut bring no direct
evideocein stipportof his opiiiion...(Cheersand laughter.)
However, hr proposed the present measure upon his
own responsibility as a servant of the Crown. He pro-
posed it as Secretary of State for the Home Department,
believing it to be necessary for the maintenance of the
interests of the twittery. With respect to the Bill, it en.
acted that all Aliens, on their arrival in this country,
should make a declaration of their profession, or con-
dition in life ; and a penalty was imposes' on the Captain
of any vessel who should rsfitse to put in the proper re-
turn. But the material part of the Bill was, that it au-
thorised the King. by his Proclamation, to order Aliens
to depart from the kingdom, subjecting them to a cer-
tain penally in case of disobeilienre ; and then a power
was vested in the Secretary of State to yitt the Proclama-
tion in form. It provided, however, a right of appeal to
the Privy Council, who might, if they thought fit, rescind
the order of theSecreteryofState. lie won's' now consider
'the objections which might he made to the measure by
Gentlemen on the other side. It would, of course,
be said that it was a deputure from the ancient policy
of the country, which afforded protection Bail hospitality
to foreigners. He admitted that the presumption was in
favour of ancient usage; but he would contend that
there were cases in which ancient usage ought to give
way to emergency. Let the house compare the evil with
the remedy, and then let them not refuse the remedy
merely because there was not a precedent for it. An
Hon. and Learned Gentleman last night sought to excite
a prejudice against the Bid because there was not a
precedent for it its Magna Charts ; and reference was had
to the usage in the reign of Elizabeth; hot he would
ask if circumstances at that period were in any respect
similar tothepresent ? Any Gentleman notacquainted with
Magna Charts would suppose that it contained a
condemnation of such a proceeding as the Alien Act; but
on looking to LiagnaCharta, he found in it *provision with
respect to strangers coming into this country. It ran thus:
'Unties Inereutores Weans salaam et neural), pa:Ma-
kin venire its Anglian et excite ex Anglia." From this
it might appear that merchants were at liberty to come
and remain here, just as Amy pleased; but these words
followed as an exception—" aVisi antes publit e pro-
Itibiti." The Right lion. Gentlemen then read an ex-
tract from Magna Charts, translated into English, the
substance of wh:ch was, that in time of war foreign mer-
chants should be allowed to remain unmolested in this
country, till it was ascertained how British merchants
were treated abroad. It ini.;lit, perhaps, be argued that
the policy of Queen Elizabeth was different from that
which had since been adopted. But be happened to
meet with a letter from Queen Elizabeth to Alderman
Heywood, Alderman t}/how, and other authorities,
which directed that " those who were not of any church
or congregation should be obliged to quit the realm."
It was therefore evident that Elisabeth did not entertain
such a high idea of prohibition as to prevent her from
enforcing it, merely because a precedent could not be
found for the measure. The Right Hon. Gentleman,
after urging some other arguments upon this point. re-
ferred to Mr. Scarlett's Bill for the Removal of the Poor,
in order to show that it involved a principle contrary to
Storm Charta—namely, the imprisonment in the House
of Ciirrection of such paupers as should refuse to work:
TM. principle, he ebeerved, was advocated by one of the
Iliestleuses ea the other side, though it was in direct
contravention of the provision in Magna alerts, which
declared that callus giber horn° utlegatur nut diuek-
gatur ant insprisonatur nisi jmclicio purism suoruns eel
per kgent terra. Since the year 1815 there bad occur-
red only four instences of the power which the Act gave
having been acted upon with rigour: and there was no
instance upon record of any abuse having taken
place. But be admitted that the circumstance of no
'abuse having occurred was not of itself a justificatioo
of the Act, bat it afforded the presumption that the pre-
sent power might be exercised with safety by the hands
to which it was intrusted. He could assure the house,
that the Act would never be committed to subordinate
agents. If it should be argued that malignant insinua-
tions might be used against individuals in order to get
them sent of the country, be would reply that lie could
not conceive it possible that any such ins,nuations could
warp a Secretary of State the exercise of his duty. If
a foreign power should apply to have any party removed
from the country, the triumphant reply would be that
no individual could be removed so long as he demeaned
himself in such a manner, as not to excite the suspicion ,
of the 0 meat. The Right Hon. Gentleman here
recapitulated some of the provisions of the Bill, and
pledged himself, that if power was greeted, every possi-
ble precaution should be taken to prevent its abase. He
should feel that Le was guilty of a culpable omission ,
if he had neglected to bring forward Ode measure, and I
be should rather bear any thing than carry about with I
him in the recess the heart-sickening reflection, that he
bad not done his duty from the fear of any opposition I
which he might have to encounter.—(Lund rimers.)
Sir J. MACKINTOSH said that however his mind
might be filled with apprehension and alarm at beetle,:
that this Act was to be renewed under existing circam-
stances, that alarm and apprehension was increased and
accompanied by a deep feeling of melancholy when lie
heard the principles upon which it was supported by
thrttight Hon. Gentleman. He bad heard each prin-
ciples laid down as be had never expected to hear ad-
dressed to the House of Commons, nor to any assembly
of Englishmen, and that by a Minister cf great talents,
and from a Gentleman whose be sincerely believed to
possess a most vspectable character. He felt his alarm
and apprehension to increase became lie considered
these to be the principles of a Ministry likely in all pro-
hability to last beyond his life. By such principles were
145,1109inilividnals, who had twide this country the home
of their choice to lw governed, and by such would they
be sobjected to the mere nil' and pleaseire of a Secretary
of State. If they were to carry such doctrines as the
Right Hon. Gent}-elan had advanced, into practice to
their full extent, they would hive to abolish every essen-
tial and fundamental principle of the Constitution. The
Hon. and Learned lientkenan then went on to argue
that the defence of the present Bill was the same as that
which was advanced to justify King Charles the First,
in levying taxes without the consent of Ins people;
namely, that the money was to he applied to a good
purpose. and that the tat was most equitable in its ope-
ration. The Bill was nothing less than a Bill of Pains
and Penalties against 23.btitt British subjects, for
each they would be, and entitle.' to the protection of the
British laws, if it was not fur the existence of the Alien.
Art. By that Act, they were here not under the protection
of the law, butt under sufferance, and sieteiret to the
will of the Secretary of State. The doctrine which sup
ported the Bill was the doctrine of pare despotism
Such was nut the intention of the Right lion. Gentle-
man he knew; he shoals' be sorry to accuse him of am
thing which lie slid not think correct ; bat he had lire.
arguing against the ducttine of one of our learned an;