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a juryman, because actual treason was concealed in the matter that was to bring it forth and it was with great difficulty that minds, not habituated to consider the subject with the greatest attention, could be led to see the danger that surrounded them. Thus in Ireland under the pretence of Catholic emancipation and parliamentary reform, nothing less than the separation of Ireland from England, and the erection of the former into an independent republic, was the object aimed at. So here, the pretence of a reform, &c. had been assumed. But would gentlemen say that this was a cloak that concealed nothing? The executive government assuredly would not not have done its duty, had they not made use of all lawful means to thwart the designs of such confederacies, and made application to parliament for that power which it was the object of the present bill to impart.

fended the proceedings of government, and the judgments of the courts of law in cases of libel. Certainly, however, that matter was not connected with the present subject. There was a case of great hardship, of which he had been informed. A number of persons were brought up to town from Manchester: they were loaded with irons; in this situation they travelled, and when they arrived, they were lodged in the House of Correction in Cold-bath Fields. From the effects of travelling in this state, their legs were very much swelled, and when lodged in the prison, the Bow-street officers ordered the irons to be knocked off, which was a very painful operation. They then were thrown into places quite unprepared for their reception, and next day taken before the privy council. Now, however, he understood, their situation was much improved. As to the bill before the House, no grounds had been stated on which the House could surrender so important a bulwark of the liberties of the subject.

The Solicitor General said, he should have thought that what had been disclosed at the late trials at Maidstone, as well as what had taken place in Ireland, were sufficient reasons for continuing the measure proposed. It was one that had been repeatedly adopted in times of danger. The bill for suspending the Habeas Corpus act originated in the reign of king William, in consequence of dangers to which he was exposed. In 1715, when this suspension was renewed, the most salutary consequences had followed. This precaution having been omitted in 1745, the country was left in a much more dangerous state than it was in 1715. Whoever had impartially considered what had lately passed in Ireland, must have seen that the society of United Irishmen had enabled the conspiracy to diffuse itself, till at length it burst forth in acts of open rebellion, which, from the very plan of these societies, drew a veil of secrecy over their proceedings, which made it difficult to bring home the guilt to individuals. Strong attempts had been made to establish similar societies in this country. Hence corresponding societies had been established with their executive committees, &c.; an imperium in imperio had been introduced, which was a germ of treason and rebellion, which, if not nipped in the bud, would soon have discovered itself in a more open form. Now such sort of treason was not easily brought home to the conviction of

Mr. Mainwaring said, that the House of Correction in Cold-bath Fields had not been established for any such purpose as that for which, in the present situation of affairs, it had been found necessary to employ it. With regard to its management, he could say, that there were none of the abuses stated. The keeper of that gaol was a person of great humanity, and every care was exerted for preserving the health and comfort of persons confined. He was sure that there was not a more comfortable place of the kind in the whole country, or one in which, in proportion to the numbers confined, there was less sickness.

Mr. Wilberforce said, he was astonished at what the hon. baronet had said, respecting the situation of the prison in Coldbath Fields; he had been there as well as the hon. baronet, not for the purpose of visiting any particular persons, or on the spur of the occasion, but to examine the general state of the place, and to view the situation of the prisoners. He had likewise been in the habit of corresponding on the subject, before there was any idea of its being agitated in that House, and the accounts he had received were very different from what some gentlemen had stated. Nothing can be more satisfactory than the account which a friend had given him of the state of the prison, as to the health and treatment of the prisoners. The gentleman who wrote the letter, a respectable clergyman, stated that he had seen the food intended for the prisoners, which consisted of as good legs

of mutton and pieces of beef as he had ever seen at his own table: that the utmost cleanliness prevailed throughout the place; that of the 240 which the prison contained at any one time, the sick were only three, and the deaths for the whole year only two. What then were the facts of the case? On the one side there was the evidence of the minutes of the proceedings of the magistrates superintending the prison, and on the other, the accounts which gentlemen opposite had received from the parties themselves. All these facts clearly proved that the gentle men opposite had been imposed on, and that, from too credulously listening to the information they received, they had brought a serious charge against a worthy set of magistrates. He trusted he was not the last to feel what was due to suffering, but at the same time there were feelings of another kind which ought not to be overlooked. He never could forget the saying of that great and good man lord Hale. When asked how he felt when he pronounced sentence of death on a criminal, he replied, "that he felt for the situation of the prisoner, but he felt likewise for the country." He recommended the example of lord Hale to the gentlemen opposite. They seemed to be tremblingly alive to the situation of those who were taken up on suspicion of the greatest crimes; but they did not seem to be alive to the danger of the country. With regard to the measure before the House, those who thought that there had been danger; who think that the danger is not entirely over, would not deprive the executive of those means by which they had been enabled to provide for the safety of the country.

Mr. M. A. Taylor, though he agreed that ministers had exercised the discretion entrusted to them in as tender a manner as possible, said that a case had not been made out so strong as to induce him to support the motion. He thought it would be prudent to send to a select committee the grounds upon which they conceived that the suspension ought to be continued. In the prosecution and punishment of libels there had been no harshness. As to citizen Smith and others, he had seen most of their publications, and more diabolical ones, in his opinion, never existed. But still there was in the hands of the attorney general the power to prosecute, and in the hands of the court the power to punish; he therefore conceived that there

were not grounds for the suspension of the act. While there was a dread of invasion it was right to adopt such a mea→ sure; that dread, however no longer ex isted.

Mr. Ellison supported the bill, because he thought the circumstances of the country rendered it necessary to vest those powers in the executive; and he was the more inclined to support it, be cause the powers with which ministers had been trusted, had been well exercised.

Mr. Alderman Combe could not consent to the continuance of this restraint, as, from the state of the country, he saw no necessity for parting with the great bulwark of our liberty.

Mr. Western said, that as no grounds had been stated to the House to show the necessity of this measure, he could not support it. There never was a period in which the domestic safety of the em pire was in less danger than it was at present.

Mr. Pitt, while he expressed the warmest satisfaction at hearing it stated from all quarters that the situation of the country had been so greatly improved, could not but remind the House, that this change had been obtained by the adop tion of those measures, which some gentlemen who now exulted in our safety, had represented as calculated to produce disaster abroad, and to destroy the consti tution at home. If the measures which had been adopted by parliament had answered the ends for which they were designed; if they had rescued the country from those dangers which were now no longer represented as imaginary, surely it was a most singular argument to say, that at the moment in which they were mutually congratulating each other upon the advantageous change which had taken place in our affairs, they ought to throw away those very means by which that advantageous change had been obtained. Did gentlemen think, that because we had, by the wise and vigorous measures we had adopted, fortunately escaped the perils with which we were menaced, we might now with safety abandon our efforts, and relax our precaution? Did they suppose that, if exulting in the idea of security, they were to sink into inattention and supineness, these dangers might not recur? Though Jacobinism might be curbed and repressed, yet while the principle remained unextinguished, its efforts would

not cease. Jacobinism, to all that was detestable and abhorrent, added one quality which increased its malignity, and that was an incorrigible obstinacy, a wicked determination to be influenced by no arguments, to be convinced by no facts. He trusted that the success that had hitherto attended these measures would be an argument for their continuance. An hon. gentleman had suggested the propriety of appointing a secret committee, to inquire into the necessity of continuing the suspension. But what farther proof could be necessary after what had passed in Ireland? A time, he hoped, would come, during the present session, when, through the medium of a secret committee, the public might be put in possession of many circumstances, of which they now could have conceptioncircumstances, which would more fully display that system of treason which had been carried on, and those links by which Irish traitors were connected with traitorous societies in this country. But at present he should be ashamed to have recourse to a secret committee, to justify them in adopting a measure, of the expediency of which they were so perfectly convinced.

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Dec. 26. The order of the day was read for going into a committee on the bill. On the question being put, that the Speaker do now leave the chair,

Mr.Courtenay said, he was about to adduce additional reasons against suspending the Habeas Corpus act any longer. But before he did so, he would read the declaration made by his majesty in April: "Whereas it appears that the preparation for the embarkation of troops and warlike stores are now carried on with considerable and increasing activity in the ports of France, Flanders, and Holland, with

the avowed design of attempting the invasion of his majesty's dominions; and that in this the enemy is encouraged by the correspondence and communications of traitorous and disaffected persons and socie ties of these kingdoms." Here was a plain and candid reason assigned for the suspension of the act; but was the case the same now as it was then? Were our enemies making preparation for the inva sion of these kingdoms? Had they not been baffled and discomfited in differ ent parts of the world? He must now advert to what had been said by the attorney-general during the last debate upon this measure. That gentleman had stated some points, as if he (Mr. C.) had misrepresented facts relative to the pri soners in Clerkenwell. Now, as a corroboration of what he had stated upon this matter, he begged to read a letter from the wife of colonel Despard: "Some mention having been made in the newspaper reports of the House of Commons relative to the treatment of colonel Despard in the new prison, I think it necessary to state that the colonel was confined near seven months in a damp cell, not seven feet square, without either fire or candle, chair, table, knife, fork, a glazed window, or even a book to read. I made several applications in person to Mr. Wickham, under secretary of state, and by letter to the duke of Portland-all to no purpose. About the 20th of last month he was removed into aroom with a fire, but not until his feet were ulcerated by frost. For the truth of this statement, I appeal to Mr. Lawless, or John Reeves, esq. who visited the colonel in prison, and at whose intercession he was removed. I state these facts without the colonel's knowledge, as even his jailer will bear witness that he never made any complaint of his treatment, however severe it was. The colonel served his majesty thirty years, and all his family are now in the army. Catharine Despard. Berkeleysquare, Dec. 23, 1798." It was very true that when he saw the colonel he made no complaint to him. He asked the colonel, if he had been confined in the same manner as the other state prisoners committed since the suspension of the Habeas Corpus act? He answered, yes; and that he had been confined to his cell, till removed by the humane interference of Mr. Reeves. He knew colonel Despard thirty years ago; he was then in the service. An hon. gentleman had asked, if he had any sympathy

with prisoners of this description? He understood, and held in contempt, the mean and malignant insinuation. He avowed that he sympathised with the victims of oppression. If the persons confined in this prison, under the authority of this act, were guilty, let them be tried and condemned; but ifthey were not guilty, let them be acquitted. To general declamation upon probable guilt, or suspicion of guilt, he paid no regard; nor did christian rancour, or religious facetiousness, affect him. A worthy magistrate had stated, that the prison which he alluded to was not originally designed for persons of this description, and that their being sent there was matter of necessity; but if it was necessary to send them to this place, there was no necessity of treating them with inhumanity when they were in it. In his opinion, the conplaints of abuse of the power given to government by this act, might logically be urged against its renewal. He had stated these facts, because he believed them to be true; but if they should be proved to be false, he should be very happy to retract them.

The Attorney General said, that the court of King's-bench did not order Smith to be sent to that prison until after they had been well assured that it was a fit and proper place to receive him. They did it in the execution of an important duty, and the hon. gentleman who talked so much of cruelty, would give him leave to say, that he knew of no cruelty so harsh as that of a member of parliament endeavouring to call forth the public indignation on persons who stood in a situation of great difficulty as well as of importance, without examining the case on which they spoke. As to colonel Despard, he was a man who had been long in the service of his country most certainly, and who appeared to conduct himself well in his confinement. The report of the case of this gentleman, as stated this night, was taken from a letter published in the newspapers. In this case there was two considerations involved: 1. What had been the conduct of the duke of Portland and of Mr. Wickham? 2. What had been the regulation of the gaol itself? It had been always held that persons committed for high treason, or on suspicion of high treason, should be kept "safe and close:" and therefore, however apparently harsh it might be, to put a person only accused in a situation in which he

could not converse with others, yet it was a condition inseparable from the nature of the thing. There had been something said about the wives and friends of some prisoners being refused access to them. By the way, there were some wives who had met with much indulgence, in not being taken up and confined as well as their husbands. Some complaints having been made to the duke of Portland relative to the situation of colonel Despard, Mr. Wickham, in May 1798, wrote a letter to the keeper of the prison, stating that he was directed by the duke to desire that the wife of colonel Despard should have access to him, and converse with him in the presence of any proper person to be entrusted for that purpose. He had the deposition of a person on oath, stating that colonel Despard, on hearing what had been said in the House of Commons of the hardships of his situation, was surprised at it, and added, that if necessary, he would contradict it himself. The ac count he had received of the matter was this: Mrs. Despard, in June, wrote a letter to the duke of Portland, in consequence of which the duke sent for the gaoler of the prison, and gave him directions, importing that there should be shown to the prisoner every indulgence which the nature of the warrant under which he was committed would admit. After this Mrs. Despard wrote another letter to the duke, to which no answer was returned, because proper directions had been already given. Mrs. Despard wrote another letter to Mr. Wickham. He told her she had better write again to the duke. She did so. The duke heard her complaint himself, and ordered the colonel to have every thing consistent with the nature of the warrant, and safe custody: he ordered him to be allowed the use of books, and directed the gaoler to attend to the circumstance of his being a man of rank, and to allow him such accommodation as common feeling dictated on that account. After this, Mr. Wickham, by the order of the duke of Portland, desired Mr. Ford to go to the gaol, and order every indulgence, that was consistent with safety, to be given to all the prisoners. Some time after this the duke ordered colonel Despard to be removed to the place where he now was. Here he read the description of the cells in which the prisoners were confined, by which it was clear there was no pretence for saying they were damp or unwholesome.

He read also some parts of a conversation, | justification for such cruel treatment. If, by which he collected that the letter was after due investigation, he should find not of the writing of Mrs. Despard. that the ill-treatment of the prisoners was Perhaps she did not see the whole drift of not grounded on fact, he not only would it. It was a well written letter, and for be ready to make the amende honorable, a certain purpose well adapted; and the but should enjoy the happiness of having fair sex would pardon him, if he said it his feelings relieved from the idea that such was a little beyond their style in general. foul atrocities had been practised in the There were artful men in that prison, and country that gave him birth. It was his some of them had shown they ill deserved wish that evidence should be called to the the lenity that was shown to them; some bar, in order to have the whole matter of them had a great number of O'Connor's cleared up to the general satisfaction of pamphlets ready for circulation. He the country. hoped in future, before any information was given to the House with respect to the treatment of prisoners, every member would feel it his duty not to rely on the reports of newspapers, but to sift the matter to the bottom.

Mr. Wilberforce acknowledged, that we ought not to take away that guard to which we owed the security of our rights and liberties, upon slight and capricious grounds. When, however, it was obvious that we had enemies both without and within: when we saw members of that House, who appeared at least friendly to persons of such a stamp, then it became that House not to relax in any of our exertions to counteract the designs and machinations of such enemies: we should not hesitate to sacrifice a part of that, the whole of which we might secure and hereafter enjoy by means of that seasonable sacrifice.

Mr. Boudon said, that as soon as he had seen Mrs. Despard's letter, he felt it his duty to inquire minutely into the causes of her complaints. With that view he had a long conversation with colonel Despard, in the presence of the governor of the prison. The colonel informed him, that he was as comfortable, in every circumstance, as the nature of a prison would admit. It was true, that in September he had a chilblain on his heel; but so little did he think of it, that he would not employ the surgeon of the prison to relieve it. As soon as his complaints were known, he was removed to a room where he had fire, candles, and every accommodation he could fairly expect, he had frequent interviews with his wife, with whom he was permitted to converse for almost any length of time. He had not any knowledge of the letter written by her complaining of his ill-treatment; if he had, Sir F. Burdett contended, that every he would have disapproved of it. As to assertion he had made was grounded upon the dampness of the cells, he had examined facts. He would now adduce new facts them himself: they were raised conin proof of his former assertions. The siderably above the ground, and not hon. baronet then read several papers sent exposed to wet of any kind. him by the prisoners from Manchester, walls were moreover thick, and well the general purport of which was, to de-white-washed. The beds neither touched scribe the hardships which they had suf- the walls, nor were they exposed to any fered in the prison at Cold-bath fields; inclemency of the weather. What, then, among which they enumerated their being could be the effect of agitating a question confined in solitary cells, measuring only like the present, but to traduce the fair eight feet by six, where they could not character of respectable men, and particuobtain any thing like a bed without paying larly of the magistrates, whose conduct a shilling for it; where they were left should not be lightly arraigned? without fire or candle, exposed to cold Mr. Canning rose to ask, where was weather, in a narrow space where the wet the ground for the inquiry which the hon. continued to flow down the walls, a situa-baronet was so anxious should be instition in which they had been compelled to linger for seven months; that far different treatment had been promised them by the privy council; and though they had repeatedly written to Mr. Ford the magistrate, they could obtain no redress. He could not see that the charge of any par ticular species of guilt could afford any [VOL. XXXIV.]

The

But

tuted? The House was not in the habit
of granting inquiries without some ade-
quate motive to justify them. It should
clearly appear that all was not right
before an inquiry was acceded to.
here every statement brought forward
had been contradicted. The House,
therefore, should institute no inquiry on
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