involved. On the authority of Bolinbroke, fir Robert Walpole, and lord Townfhend, he recommended an adherence to our infular policy, and an avoidance of continental connections.

Sir James Murray Pultney obferved, that the fituation of the continent was fuch as to oblige the French to make great preparations, both on the Rhine, and in Italy: which might be confidered in fome meafure as equal to a campaign: a circumftance which must have operated greatly in favour of this country. He was not quite fure, if Europe had been quite tranquil, and France had feen all the continent at her feet; if the enemy had kept up a great force on their coafts, and expended the fums they had pent in military preparations by land, on their marine; but it might have been more difficult and dangerous to detach fo large a divifion of our navy to the Mediterranean, by which the fplendid victory of lord Nellon was atchieved. Mr. Tierney's motion was negatived without a divifion.

On the twentieth of December, Mr. Pitt having premifed, that the circumftances, which at first renderit neceffary to fufpend the habeas corpus act, being ftill fo forcible, as to prevent the neceffity of his enlarging on the fubject, moved for leave to bring in a bilt for continuing the fufpenfion of the habeascorpus act, for a time to be limited, Leave being given, the bill was read a first time. On the fecond reading, the following day, Mr.Courtenay took occafion to enumerate the benefits of the habeas-corpus act. A number of perfons were arrested last year, he believed, not less than feventy or eighty. To have arraigned

and convicted thofe perfons, would have been the best reafon that could have been urged for continuing the fufpenfion of the habeas-corpus act. Had there lately existed any fymptoms of rebellion, or had any informations taken place in any quarter of the country? On the contray, no period fince the revolution, Mr. Pitt would bear witnels, had difplayed more loyalty and attachment to government. There was another reafon why Mr. Courtenay thought the fufpenfion of the habeas-corpus ought to ceafe. The perfons imprifoned under the act, now propofed to be continued, were moft cruelly treated. Having vifit ed the prifons, he found the prifoners without fire, and without candles, denied every kind of fociety, expofed to the cold and the rain, allowed to breathe the air out of their cells only for an hour, denied every comfort, every innocent amufement, excluded from all intercourfe with each other, and each night, locked up from all the reft of the world. He fuppofed it was fcarcely neceffary to inform the houfe, that the prifon, of which he had been fpeaking, was that in Coldbath-fields, known by the name of the baftille. He understood that fome reverend gentlemen were among the magiftrates, who managed it: and who, no doubt, kindly fubjected their prifoners to fo much pain in this world, that the lefs punifliment might be inflicted on them in the next. It was not to perfons fufpected of state crimes alone that the ufage he had defcribed was extended. A diforderly woman, as he was called, that is, one of thofe unfortunate creatures who walk the streets, was confined in a cold damp cell, [03]

though

though not convicted of any felony, and Imarting under the virulence of a disease with which women of the town are frequently afflicted. In another difmal cell he found a boy confined there for difobedience to his master. Mr. Courtenay lamented that an honourable gentleman, celebrated for his humanity, had not vifited that prifon. His principles of vital Chriftianity (principles which he had indeed read in his book) would have induced him to exert all his eloquence for ameliorating the condition of those unhappy people.

Mr. Dundas faid, that the points urged to night, having no earthly connection with the bill before the houle, might as well have been urged at any other time, or on any other occafion, as the prefent. If there exifted any abufe in the management of goals, there was an eafy remedy as they were all of them under the management of fome magiftrate or other. In order to fhew that the fufpenfion of the habeas corpus fhould not now be continued, Mr. Courtenay fhould fhew that there did not now exift any treasonable feditious fpirit any where in the country. Did he mean to fay that there was nothing of that kind difcovered at Maidftone?

Mr. Tierney obferved, that a meffage was brought down from his majefty, laft feffion, ftating, that there was an imminent danger of an invafion, aided by difaffected and treasonable perfons in this country; and that a bill of indictment had been found by a grand jury, at Maidstone, againft five perfons, for high treafon.Combining thefe two circumstances together, he could not deny that

a cafe was made out which war. ranted a temporary fufpenfion of the habeas-corpus act. The fituation of the country was now, however, completely altered. No one, who had read the king's speech, at the opening of the prefent feffion, could fuppofe that his majesty's minifters had now any apprehenfion of an invafion. The number of perfons arrefted, in confequence of the fufpenfion of the habeas-corpus act, had been ftated to be between feventy and eighty, who were now all difcharged, except a few, and thefe were not brought to trial, though detained in confine ment fince laft April. This feemed to indicate that there was not much reafon for continuing the measure: and it was certainly but fair that fome new motive fhould be fhewn, before the houfe was required to agree to the bill. Had the gentlemen, who vifited the Cold-bathprifon, procured their inquiries in a proper manner, the fheriffs muft have been applied to, and other perfons examined, whofe local fituation rendered their information indifpenfable to a conclufive opinion. If the fheriff's had been found to blame, it would have been a grave point to proceed upon, but nothing of this fort was alleged. He wished the house to reflect on the close alliance in principle between the United Irish and the French. The Irish, like the French, had their executive direc tory. In Ireland, as in France, there was a government within a government, feeking the ruin of their country, but audacious enough to promife the deluded people of Ireland fuccour, from the fale of the eftates of the gentry of Ireland. United Iriflimen could make United

Britons.

Britons. If, as a fociety, they did not correfpond with focieties here, they propagated mifchief as individuals.

Mr. Burdon faid, that when he went to vifit the prifon, fo far from perceiving the parties fent there by warrant by the fecretary-of-ftate, to fuffer by any rigorous confinement, he faw them walking about with each other, and perfectly undifturbed. They had the means of enjoying both air and exercise at proper hours: nor had they any reafon to complain, as to the means of fubfiftence, having an allowance from government of 13s. 4d. per week. Sir Francis Burdett, while he ftill afferted, that there were many circumftances in the ftateprifon, in Cold-bath-fields, tending to grievous fuffering and difeafe, and that, in many inftances, the prifoners had been treated with unjustifiable severity, admitted, that those matters were not ftrictly in point, on the confideration of the bill before the house. But no ground had, in his opinion, been ftated, on which the houfe could furrender fo important a bulwark of the liberties of the subject.

The folicitor-general gave a fketch of the origin and hiftory of the fufpenfion of the habeas-corpusact. It originated in the reign of king William. In the year 1715, when this fufpenfion was renewed, the most falutary confequences had followed. This precaution having been omitted in 1745, left the country in a much more dangerous ftate than that in which it was in 1715. The fociety of United Iriflimen was that which enabled the confpiracy to diffuse itself, till at length it burit forth in acts of open rebellion. Strong attempts had been made to ettablish fimilar focieties in this

were

Mr. Mainwaring faid, that the reports of abufes in the management of the Cold-bath-prifon, wholly void of foundation. 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 lefs fickness. Every thing was provided for the ftate-prifoners in the moft liberal manner. Mr. Wilberforce, too, vindicated the manage. ment of that prifon. He had vifited it himself, and had very fatiffactory accounts from a correspondent, of the ftate of the prison, as to the health and treatment of the prifoners. Mr. Ellifon fpoke ardently in praise of minifters, who had fo well exercifed the powers with which they had been invested ; and moft heartily gave his vote to the bill. The attorney-general, in reply to fomething that had fallen from fir F. Burdett, faid, that in fupporting the measure, he was not

[04]

actuated

actuated by any fuch unworthy motive, as a wish to keep men in confinement: he confidered the meafure not as an act of severity, but of mercy. The trials at Maidstone, and the confinement of those now in prifon, arose from the fufpenfion of the habeas-corpus-aft having been fuffered to expire. Mr. Combe thought that twenty-five men, the number now in prifon, under the act, could not, if let loofe on fociety, do any harm, in the prefent state of the public mind. Mr. Western said, as no grounds had been stated to the house to fhew the neceffity of the measure, he could not fupport it.

Mr. Pitt expreffed the warmest fatisfaction at hearing it stated from all quarters, that the fituation of this country, both with refpect to its foreign and domeftic affairs, had been fo greatly improved. But he reminded the house, that this change, now fo univerfally acknowledged, had been obtained by the adoption of those measures, by a perfeverance on the part of government in that fyftem, which fome of thofe gentlemen, who now exulted in our fafety, had reprefented as calculated to produce difafter abroad, and to destroy the conftitution at home. Did the honourable gentlemen think that becaufe, through the wife and vigorous meafures adopted by his majefty's minifters, they had fo fortunately efcaped the perils with which they were menaced, they might now, with fafety, abandon their efforts and relax their precaution? The people of England had learnt enough of the nature of jacobinifm, not to know, that while the principles of it exifted, the most unremitting vigiJance and the greatest firmnefs were

This was

neceffary to oppose it. the answer he should give to those gentlemen, who thought prefent fecurity a ground for future negli gence. He trufted that the fuccefs, which had hitherto attended vigorous measures, would be an argument for their continuance. Mr. Tierney faid, "the right honourable gentleman has now let the house into his intentions: it now appears, that this fufpenfion is to be made into a fyftem." The house then divided. For the bill 96, againft it 6.

The fufpenfion of the habeascorpus-act was moved in the house of lords, on the fourth of January, by lord Grenville. It was oppofed by lord Suffolk, who faid, it was highly neceflary that ministers fhould affign fome reason for the renewal of this bill before it was propofed by the house. His lordfhip complained much of the cruel treatment of colonel Defpard, rigoroufly confined, under great feverities, in the Cold-bath-prifon, for fix months, without any fpecific charge against him. Lord Grenville thought the reasons formerly given for paffing this bill, and which remained in full force, fufficient to induce their lordships to continue it. As to the harthnefs with which colonel Defpard had been faid to be treated, he did not know any thing of the matter. Something of the kind had been complained of, but it had been immediately difcountenanced by government, vernment, Lord Holland, after a reprefentation of the important tendency and effects of the habeascorpus-act, faid, that the most imperious neceffity, only, ought to induce the houfe to abandon fo ftrong a bulwark to the liberty of the fubject. The habeas-corpus

act was fo excellent a law, that nothing less than the detection of a confpiracy to overturn the government could overturn this measure. Befides, before fo much of the liberty of the fubject was taken a way, we fhould be very careful to whom it was intrufted. But, it was afferted, that there had exifted confpiracies of a deep and infidious kind. Several perfons, his lordship obferved, had been brought to trial on charges of high-treafon; and the crown had exerted all its ftrength for their conviction: but what was the refult? Why, that the accufed were honourably acquitted, by a jury of their countrymen; and that the treafons and feditions, of which minifters had fpoken fo much, difappeared in a moment. There was but one cafe, he faid, in which the measure propofed could be necef fary: which was, if there actually exifted thofe confpiracies, and fome of the perfons concerned in them were in cuftody, but could not be brought to trial without the risk of giving the alarm to the reft. Lord H. after a fummary review of the ftate of Ireland, denied that the rebellion in that country juftified new rigours in this. Had the government of Ireland ameliorated the condition of the people, by removing their grievances, rebellion would never have broken out. The fyftem of minifters was to keep the attention of the public upon its own danger, inftead of the incapacity or corruption of minifters. When he confidered the failure of the objects of minifters in public affairs, the zeal and loyalty manifefted by the people, the treatment they had experienced, and the conduct they had obferved, he was

aftonished that their rulers fhould fo calumniate them, as to affirm that the bill was neceflary.

Lord Grenville defpaired of convincing the noble lord of the propriety of the measures of any of the king's minifters. But, although they had not been favoured with his approbation, they had repeatedly received the approbation of the house. As to the trials of perfons acquitted at. the Old Bailey, were we now to learn, that the acquittal was not a proof of innocence? So far from this, it tended to confirm the exiftence of the confpiracy, by proving the exiftence of the correfponding fociety! Was the existence of a confpiracy, and the neceffity of the meafure propofed, difproved by the perfon fo honourably acquitted at Maidstone? Had not that traitor, O'Connor, fince his honourable acquittal, thrown himfelf on the mercy of that gracious fovereign, whom he had bafely attempted to dethrone? O'Coigly, one of his confederates, had also been convicted of treafon; and it appeared beyond a doubt, that a communication was to be made to the directory, not from any fociety in Ireland, but in England. All thefe things proved the existence of a confpiracy in both countries. A defign, alfo, had been long conceived, for feparating the kingdoms from each other. On the whole, Mr. Pitt was perfuaded, that the public would confider the bill not as intended for the deftruction

of their liberties, but its protection.

Lord Holland was of opinion, that the tranquillity and fafety of the country would be best confulted by the removal of grievances and colourable pretexts for rebellion.

CHAP