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martial, indeed that no officer of the regi ment should serve upon the general court. He trusted, after what he had stated, that the House would consider him clear of the charge of having committed a breach of the articles of war. As to this man, he believes he went away from his colonel on the 25th of April, perfectly satisfied that his complaint was unfounded. On that day he signed his return, "all well." In the following May, major-general Houston proceeded on his half-yearly inspection through the district. It was part of his duty to ask, whether any individual in the regiments inspected had any complaints to make. This duty he knew was performed by that officer, and not a word of complaint was heard from any individual in the Oxfordshire regiment. As to what had been said about Bellis and Reeve

into the proof. Under these circumstances he could not content himself with giving a silent vote, after the unfair treatment which the hon. gentleman had received. The hon. gentleman, too, had said, that the individual had undergone a series of cruelties, that many of the witnesses had been tampered with, and others intimidated, and these facts he offered to prove. Such a statement was not to be met by a laugh, or aspersions on the character of the individual who made it. It had been said, that this proceeding was likely to create discontent in the army; but what discontent could be excited if the statement were not true, and proved not to be well founded? Would it not be a satisfaction to men, placed in the glorious and honourable situation in which British soldiers were now placed, to know that if they suffered any grievance, there was one place at least to which they could look with confidence for justice? Upon all these considerations, he should vote for the inquiry.

having been forced out of the country, he should only say, that there was no foundation for the charge. When their conduct was known, he did not order a courtmartial. He directed the major-general

Lord Charles Somerset, as the hon. mem-40 inquire into the circumstances, and on ber had charged him, as general of the district, with a breach of the articles of war, felt it necessary to trouble the House with a very few words. There was one part, and only one part of the statement of that hon. gent. in which he concurred, namely, that in which he bestowed praise on the hon. colonel of the Oxfordshire regiment. It did not, perhaps, become him to say what he felt on that occasion relative to that hon. officer, but he must remark, that the hon. gent. could not say too much of him, as he was as zealous, correct, attentive, and humane an officer as any in the service. This opinion he had expressed in the general orders as strongly she could, both with respect to the colonel and lieut.-colonel of that regiment. The hon. gent. had accused him of not having listened to the appeal of corporal Curtis: he certainly had not listened to that appeal, because that person had not a right to make it. The article of war (which the noble lord here read) took away the appeal from a person found guilty of a military offence by a regimental court-martial. The general courtmartial was for the trial of heinous offences, the regimental for petty offences. When the person, whose case was referred to was charged with a heinous offence, he appointed a general court-martial, but at same time took care that no officer who had served on the regimental court

his report had brought the men to a courtmartial. With respect to the treatment of the man in prison, he had certainly ordered the mob, for mob he would call them, not to be admitted to him: but he at the same time directed that his friends and witnesses should have free access to him, and that he should be allowed the use of pen, ink, and paper. But to shew more clearly with what indulgence and lenience he had been treated, he need only say, that on the 8th of July, the mob having entered into a subscription to enable him to employ counsel, he applied to the court for time to procure counsel, when the court adjourned to one o'clock and on its being re-assembled, the judge advocate offered to the counsel the proceedings for his perusal. The hon. baronet had said, that the man was entrapped into a trial for one. offence, when he was prepared to expect

the

the trial for another. The fact was, that on the 4th of July a list of the charges had been given to the prisoner; on the 6th the court met, when he was called upon for a list of his witnesses; and even on the 7th and 8th he called fresh witnesses. With respect to the charge of intimidation of witnesses by serjeant Cox, as stated by the hon. gent. if any such thing had taken place, it must have been mentioned in the defence; and yet not one word was said of it on the trial. If there was any thing to be remedied, the com

1

mander in chief had offered to have the
matter inquired into. The course proposed
by the hon. member was therefore not the
only means of investigation. He returned
thanks to the House for its attention, and
should vote against the motion.

Mr. Lockhart knew both the unfortu-
nate man and his father, they being both
his constituents. The impression upon
the mind of this man's family was not
that he had been treated with severity.
He had received a letter from the father
of the man, begging him to apply, not for
a revision of his sentence, but for
He had written upon the subject to the
dukes of Kent and Cumberland, and made
application to the magistrates, who hu-
manely exerted themselves to obtain the
execution of justice in mercy. The father
of this man knew nothing of the motion of
the hon. gent. The speech of the hon.
gent. was deserving of the severest criti-
cism. If popularity was the object of the
hon. member, he would recommend to
him to court it by other means, by means
which, as lord Mansfield well observed,
would make popularity follow him, instead
of his pursuing popularity.

mander in chief, of laying the case before him, and of the temper with which his re presentations had been received by sir D Dundas. It was due to the character o sir D. Dundas, and to the army, that the public should be informed of his disposition, to listen to complaint, let it proceed from whatever quarter it might.

The Chancellor of the Exchequer her read the correspondence which passed be tween Mr. Wardle and sir D. Dundas, which the following are extracts. Th hon. gent. began the correspondence wit a letter, stating, mercy. That having receive information of some extraordinary circum stances attending the trial of corpora Curtis, he had made an ineffectual attemp to go to the Isle of Wight to see him; the he confidently hoped the man would no be sent out of the country, and out of th protection of the laws, before he had a opportunity of investigating his case. To this the commander in chief replie by his secretary, "That he was not awar of any irregularity in the trial of Curti but that he desired the hon. gent. to p him in possession of those circumstance that he might take the steps which that ir formation might render necessary.' hon. gent. answered, "That this was an thing but a reply to his letter, and he begr ged to know whether it was meant to r fuse or comply with his request.' Not all irritated by the tone of the hon. gent sir David Dundas instructed his secretar to inform him, "That the commander it chief was always anxious to receive in formation which might operate favourabl for persons placed in the unfortunate s tuation of corporal Curtis; but that t should not consider himself justified i granting the suspension required by the hon. gent. unless the grounds of that ap plication were distinctly specified." The

The Chancellor of the Exchequer, after the extremely able manner in which his hon. and learned friend near him had acquitted himself, in the clear and explicit statement which he had made to the House, should not think it necessary to obtrude himself long upon their attention. There was only one part of the subject in which his hon. and learned friend had been deficient. His hon. and learned friend had failed in doing that full justice which was due to the conduct of sir David Dundas, and to the manner in which the hon. gent. abstained from any notice of that conduct. It was impossible for him to suppose that the hon. gent. sought out this subject for the purpose of making mischievous and in-produced another letter from the hon. gen flammatory harangues. In justice to that hon. gentleman, he was bound to suppose, that having received information of facts which he conceived were founded in injustice, he was desirous of obtaining redress for the oppressed individual. Now, the House of Commons had explicitly declared by its usage, that all such questions of a military nature should not be discussed within its walls, unless justice were depart ed from elsewhere. Under the impression of this sentiment, he would trespass on the patience of the House, while he apprised them of the opportunities which the hon. gent. had enjoyed from the com

in which he expresses an opinion which if it were to become general, would cor vert the most free country of the univers to one of the most intolerable tyranny This opinion was contained in the para graph," That it was hardly necessary fo the hon. gent. to remind the commande in chief that he was not to be considere in the light of a common individual, bu as a member of that body, by virtue o whose vote soldiers were raised and paid and whose duty therefore it was to watch over their interest." If the hon. gent. had a right, as a member of that House, to erec himself into a walking committee and te

e be examine inquisitorially into all the departchhisments of the state, refusing to afford to

by those departments the information on which aract he proceeded, he repeated that this would. that constitute one of the most abominable tyispasti rannies that ever existed. The hon. memedber went on to tell the commander in

ad

List of the Minority.
Colonel Gore Langton.
TELLERS.

G. L. Wardle

Sir F. Burdett.

HOUSE OF COMMONS.

Wednesday, February 27.

chief, "That the law had been violated, and that unless he obtained the request which he had made, he would bring the CAPITAL PUNISHMENTS] Sir Samuel Rosubject under the consideration of the milly presented two petitions, one from a T House of Commons on the 29th of that number of proprietors of bleach-greens in month." The answer of the commander the north of Ireland, praying relief, and in chief "referred the hon. gent. to the stating that their property had been exformer communications on the same sub-posed to a variety of depredations, and that ject." The commander in chief, however the severity of the law making all such had caused a minute inquiry to be made depredations, in every instance, a capital into the circumstances attendant on the offence, they were deprived of the means trial of Curtis, and the result had been fully of effectually preventing them. The and ably stated by his hon. and learned second, from certain master calico printers friend. The hon. baronet asserted that the in this country, making similar represenhon. mover had not been dealt fairly by. tations, and advising a repeal of the laws, A singular accusation; when the House enacting, that such offences should be conrecollected the way in which the gent. in-sidered felonies. Sir S. Romilly observed, sinuated, that in a regimental court-martial such a combination among the officers might be expected to exist, as would leave. the soldier little hope of justice; than which observation one more ill founded and mischievous could scarcely be conceived. He was in bounden duty to believe that the motives of the hon. gent. were excelbut he was persuaded the House would feel that the hon. gent. had travelled the worst road possible. Having the fairest opportunity, by the manner in which his application had been received by the commander in chief, of redressing the supposed grievances of the unfortunate individual in question (if he really wished that those grievances should be redressed), the hon. gent. had rejected that opportunity, and thinking, erroneously, that the House of Commons was the proper place for the discussion of subjects of this nature, the result had been the speech which the House had that night heard. Mr. Wardle spoke briefly in explanation. He did not doubt the veracity of the noble lord opposite. He believed that he had given orders for admitting the counsel to the prisoner, but still the fact was as he had stated it to be, and he must observe there was a vast difference between giving orders and seeing those orders executed. The House then divided, when the numbers were,

lent;

that the first petition was signed by above 150 persons, all of the highest respectability, and that it comprehended the wishes of the greater part of that description of proprietors in the north of Ireland. There were now before the House, in support and illustration of those arguments which he had on former occasions pressed on their attention, with the view of altering and ameliorating the harsher enactments of our criminal code, not opinions drawn from speculative and theoretical reasonings, but the explicit declarations of experienced men, pointing out the inefficacy of laws made expressly for their protection. His second petition was not signed by so large a number of persons, but he could state that the signatures attached to it were those of a great majority of that class by whom it purported to be made. Having thus the direct evidence of such important witnesses, whom it was impossible to believe had been deceived by loose and visionary purposes, he gave notice that on Monday next he would move for the repeal of an Act of the 18 Geo. II. and an Act of 3 Geo. III. rendering stealing on bleaching grounds to the value of five shillings in one country, and of ten shillings in the other, felony without benefit of clergy.-The petitions were ordered to lie on the table.

RESOLUTION RESPECTING ORDERS AND NOTICES.] The Chancellor of the Exchequer rose, pursuant to notice, to propose a Resolution that might have the effect Majority ............................................... ➡90 of counteracting the inconvenience to

For the Motion
Against it

I 91

which the House had been long subject, | much too large, and curtailed greatly the by the existing mode of arranging its bu-space allotted for the discussion of all the siness. As he did not wish that it should multifarious relations of national policy. in any way affect the principle which had Neither could he approve of rashly breakbeen considered by some gentlemen to being in upon the old established usages of of great importance, namely, that of the parliament. Mr. Burke had said, that privilege of every member to make a mo- forms were the entrenchments of minotion without any previous notice, if he rities, but if the Resolution were carried should deem it incumbent on him to do so; the minister, indeed, would be fortified his object would simply be to give prece- but his adversaries completely disarmed dence to the orders of the day on certain It went to deprive the House of its vitality fixed days, leaving the others entirely and to make four days in the week, day open. As it was equally the desire of both of registration, to the exclusion possibly o sides of the House to find out some means the most momentous questions. Supposing of expediting the necessary business of the other times to exist, and a bad ministe session, he should propose, "That in this and a bad parliament to be co-operating present session of parliament all orders of they might carry all before them through the day set down in the order book for the medium of the forms of the House Mondays, Wednesdays, and Fridays, shall He therefore moved that the debate be ad be disposed of before the House will pro- journed to Monday. ceed upon any motions of which notices shall be entered in the order book."

Mr. Ponsonby thought the object of the House would be better accomplished by a general understanding among themselves. The existing rules of practice had been adopted after a long experience; and they should not be hastily altered without full and urgent proof of the superiority of the plan proposed to be substituted. He was strongly of opinion, that the Resolution would have the effect of infringing one of those points of privilege, peculiarly important to the duties of every member, and to the interests of the country.

Mr. Yorke observed, that the ancient orders of the House were all intended for the furtherance of public business. He believed that on some former occasion the House had adopted a rule in which the principle of the Resolution was recognised, that of refusing to receive motions after a certain hour.

Mr. Wynn ascribed the inconvenience sustained to two causes: first, to the great accumulation of business; and, secondly, to the delay in bringing forward the ordinary official business till the session was far advanced.

Mr. Bankes conceived either of the modes proposed would attain the nccessary object, but said, if a division was pressed, he would vote for the Resolution. Lord Folkestone objected to the Resolution, and considered that the duration of the session had been of late years too much

limited.

Mr. Whitbread declared his dissent from

both of the modes proposed. The portion of the week claimed by the minister was

After a short conversation, it was agree to defer the consideration of the question till Tuesday next.

HOUSE OF LORDS.

Thursday, February 28.

[BERKELEY PEERAGE.] The Lord Chan cellor thought it right to call the attention of the House to a point which he coul ceived to be of considerable importance relating to the case of the Berkeley Peer age. In all questions of this nature, i was the practice of the House to give no tice to the person who had the semblanc of right to the Peerage claimed, in case the actual claimant did not make good hi claim, in order that he might appoin some one to attend at the bar, to take car of his interests. In the present case, the person who would be entitled, if the nov claimant to the Berkeley Peerage did no make good his claim, namely, the son o the second marriage, in fact was a minor and could not, therefore, legally appoin any one to take care of his interests, and lady Berkeley was appointed his guardian Lady Berkeley was anxious that what wa right should be done, and as it was bighly desirable that her ladyship should be re lieved from the peculiarly difficult situa tion in which she would stand betweer, the interests of her two sons, he suggested that the most satisfactory course would be to address his royal highness the Prince Regent to direct one of the law officers of the crown to attend at the bar, to take care of the interests of this younger son. His lordship concluded by giving notice of his intention to move to-morrow for a

committee, to consider of what was right to be done in this case, and to report to the House.

tain they could not adopt a course more likely to insure the good will and affections of the people than that of keeping a strict watch over the details of the administration of justice. His lordship concluded by moving, "That the proper officer do lay before the House, a copy of the Proceedings before the Coroner, and of the verdict of the Coroner's Jury on the body of William Culver deceased, in the prison of the Marshalsea,* in January last." -Ordered.

* The following were the depositions taken before the coroner respecting the death of this individual:

[DEATH OF A POOR DEBTOR CONFINED IN THE MARSHALSEA.] Lord Holland 102 called the attention of their lordships to a circumstance which he considered of the greatest importance: he alluded to the verdict of a coroner's jury in January last, on the body of a person deceased in the Marshalsea prison, and who was stated to have died from want. The particulars of this case were peculiarly afflicting. The unfortunate individual was immured in the Marshalsea prison in November last, for a debt of only seven pounds. It appeared that he was in the greatest distress, "Thomas Canfield, a prisoner in the said and had no other means of subsistence Marshalsea prison, on his oath, saith, That than the charity of his unhappy fellow-on or about the 15th of November last, the said Thomas Culver was brought into the said prison as a prisoner for debt, and he was then apparently well, but was taken ill soon after, and continued so till the day of his death, the 4th of January inst.; he says his complaint was a dysentery, that he was once during the time better, and had a relapse, but after that continued getting worse; he says, Mr. Phillips, the surgeon, attended him during his illness, and that he was taken necessary care of as far as the comforts of the prison afforded, and that he did not die in consequence of any ill treatment from the master of the prison, or any other person whomsoever, and that he believes that what he applied for to the keeper, by way of necessaries, he had; and that he had two shillings in his pocket when he died.

sofferers in the same prison. He was reduced even gnaw the bones which were thrown into the yard; he had neither bed nor cloathing; the miserable room which he inhabited had no window; and when the jury viewed the body, it was in a state which it was impossible to describe. The coroner's jury had actually returned a verdict of "starved to death," but upon re-consideration, they finally returned the mitigated verdict of "we verily believe that the deceased's death was caused by want of food and cloathing, and of proper attention in his illness." The facts which he stated could be proved in evidence, if thought necessary, at their lordships' bar. He thought it right to mention, that two shillings were found upon the deceased, but from all the circumstances that had transpired, there was every reason to believe, that these two shillings, if not conveyed into the pocket of the deceased after his death, were at least given to him a period when it was too late to be of any service to him. From the slow proCess of the law, five months must elapse before the prisoner for debt could obtain from his creditor who kept him in prison, the miserable pittance of six-pence per day, and this wretched individual had, in the mean time, been reduced to this dreadful state of distress. He thought it his duty to make a motion, in order that this case might be brought before the House, particularly at this time, when the law of Debtor and Creditor was under their lordships' consideration, upon the bills which had been by the noble and learned lord (Redesdale) presented to their notice. If their lordships had any wish to stand well with the people, he was cer

and more

"Owen Tyndal, of the said prison, on his oath, saith, That on Thursday evening last he was desired to sit up with the said Thomas Culver, he being then very ill, and he went to him about eight o'clock on the Thursday evening, and found him so; and he continued with him till the Friday morning following, the 4th of Jaruary, till about six o'clock, when he died. He says, he expressed satisfaction for the usage he had met with from Mr. Jenkins, the keeper, and from several other persons in the prison, and no complaint whatever.

Andrew Kauffman, a prisoner in the said prison, on his oath, saith, That the said Thomas Culver came into the said prison in the month of November last, that he then appeared to be well, and in about a fortnight afterwards he was taken ill, and continued so till about a fortnight ago, and then he came into his room