- - --

PRIVILEGE.

The House of Lords, MI Saturday:, read the Printed Papers Bill

turtle, passed it. and sent it down to the Commons ; who agreed, d Jolts Itusseit.es motion, to take the bill with the amendments sideration on the following Monday.

777 -

at day, Lord Joust Russia.r. moved that the amendtnents be

*ad time. He ohserved that the Lords concurred in the prin- ks kill, and in the general mode of proceeding it pointed out, had introduced some alterations. The certificate that the pub-

were made by order of the house would not go to the clerk or

_ naicafrof the Court, but to the Judge, who was directed thereupon to raV,

read!

41.510

.but Iicat stay proceedings. He would not suppose that the Judges, with the

of Parliament before them, would endeavour by any captious objectionest to defeat the evident object of the Legislature; and until such an intention was exhibited, he was disposed to let the amen& ment stand in the bill. The clause respecting the actions tioa pending was omitted, and therefore the Sergeant-at-Artus would plead in that commenced against that officer. Lord John than* the action should have been stopped, but would not insist on las opinion. He would state no objection to the other alterations ; especial when be saw that the Lords concurred in the general principle of flh'e. bill, and were unwilling to introduce amendments likely to lead to seri, ous differences Of opinion between the two Houses. Should the oeca. sion again arise, Lord John said he should he prepared to maintain the privileges necessary for the due performance of the functions of the House. He would be among the first to defend, and he hoped mina the last to abandon, the cause of the privileges of the People of E

ng. land.

The SOLICITOR-GENERAL had carefully considered the amendments, and he found the bill tenfold more objectionable now than when it was sent to the Lords. The embarrassment had arisen from the House sub. valuing its privileges to the decision of the Courts of Law, and that embarrassment continued up to the present moment. Ile thought the House had received a pretty severe and distinct caution not to lay the foundation of future embarrassment in order to escape from a tempt. rary difficulty. But what would be the operation of the amendment which directed the officer of the Commons to apply to the Judge in court to stop proceedings ? Why, although the House had denied that the Court of Queen's Bench had any jurisdiction in the matter, the House would appeal to the Court to interfere in the actions pending The House having denied the jurisdiction of the Court on the one hand, and the Court, on the other, having solemnly declared that it bad a jurisdic- tion, after exercising that jurisdiction and going as far as it could to overrule the privileges of the House, the House, by the operation of this bill, as it was now amended, would be compelled, having many precedents to the contrary, to go to the Court to ask it to stay proceedings. This was enrryime the mischief, which he thought belonged to the bill 1.18 it originally stood, intfuttelv further. He knew of no ground upon which such an amendment could be jusiltied.

The bill had been altered in a most extraordinary manner. lty one of the amendments, officers of the Howie pleading the protection of the bill, would not be allowed to go to any of the Judpes, but would be compelled to apply to that particular Judge before whotn the pro- ceedings had been commenced. What would be the effect of this al- teration ?— Chief Justice Tindal, who presided in the Court of Common Pleas, bad been the only Judge remaining in town during the recent Assizes. An Sc. tion, therefitre, height have been brought in tic Court of Queen's Bench, and judgment might have been obi:lilted bef,,re a Judge mmlil have been found to stay proceedings ; and so, during any long c.o.:I:Mu, or between I Wary Term and Easter Term, it would he in the pou er of any party to brio, an action and to proceed to judgment, unless kast one Judge or eaell of tree superior Courts remained m town. But observe, this sites only in the ease at' artisan brott„oht against the officers of the House ; for, as applied to all other persons, the law, as it originally stood, remained unchanged.

With respect to the argument that the Judges lout no discretion—that the words of' the act were too precise for them to escape from—Sergeant Wilde knew there were fifty ways in which the Judges might escape from the binding effect of' the words of the bill. It had heen said that it was monstrous to allow the mischievous and intolerable power of publishing libels : but the amendments did not limit the publications of time House; en the contrary, they extended them. He alluded to the following clause—

Anti be it enacted, that in case of any civil or crimioal proceeding hereafter to be commenced or prosecuted, for or ou account or in respect of the publica- tion of any copy of such report, paper, votes or proceedings, it shall be lawful for the defendant or defendants, at rutty stage of the proceedings, to lay before the mutt or judge such report, paper, or proceedings, and such copy, with an affidavit verifying such report, toyer, votes or proceeding9, and the eorrectuess of such copy; and the court or judge shall hue nediately stay sueh eivil or crimi- nal proceedings, and the name and every writ or process issued therein, shall be, and shall be deemed and taken to be, finally put an end to, determined, and superseded by virtue of this net." This was a clumsily-drawn clause, and would require amendment to make it effective. What was the •• report" the defendant must verify? Was it the original paper, or the primed copy ? How was he to get the original determent? Again, how were proceedings to he stopped in the county of Surly, for instance ? The Judges authority ceased when the Assizes were over and the commission dissolved. Except in

places where the Judge stet permanently, the clause might not afford protection. There was nothing in the bill to prevent a most mis- chievous and improper use of Parliamentary publications. The officert of the House would publish their papers in the UKI.M wny ; but what was to prevent a person getting hold of libellous mutter alai haWking it about the streets to the injury and annoyance of individuals? These were sonic of the reasons why lie cook! not assent to the amendments. His principal ob,jection, he would repeat, was that flee hitt admitted the

jurisdiction of the Counts of Law for acts done in obedience to the orders of Parliament, The ATTORNEY-WINERAL lead snotty (thjeetinItS to the bill, but he thought an advantage would be gained passing it. Ile saw nothing

in the amendments to give the Judges a diaerationary power. He was agreeably surprised by the iutroduction of the clause exteeding pro- tection to newspapers in republishing reports or proceedings of the House. Ile WaS not alarmed by the tit ion tlmt, the machinery of the bill would Im found ineffectual. Prom the passing of the hill, he firmly believed that no aetions or inatietenenta wouhl be brought auttinst the publishers or republishers of Parliament fry proceedings.

Mr. WARBURTON meggested that thee Solicitor-General should propose amendments to obviate the mischieta let. had pointed out.

Sir Itoonna. PEEL advocated the mss,s,;ity or passing the bill speedily, tend warned the llouse of the in con (niimice ()I getiiies into a dispute ci disposed to take the bill. He did not in the least regret ti).) course he principle cu- which the We the Lords on technical points. Tilt, great House contended was sanctioned i.sy. the Lords, and therelbre he wan had taken or the advice he had given ; but he considered that their passing of the bill than it did before.

privilege would stand on a better footing after the

Mr, WAKLEY had expected Sir Robert Peel to say, " If you pass this bill, I abdicate my seat." Sir ROBERT PEEL—" I always advised the bill." r Mr. WAELLY said, not this bill. He had heard Sir Robert Peel de- clare that if the House could not maintain its privilege, he would abdi- cate his seat. And had they maintained their privilege ? There was not a person of any understanding or discretion who did not know that the majority had been beaten, wofully beaten— Had they maintained their privilege? Ile said, no; and that as a privilege oldie House, it %vas gone. They had been under the necessity of going to the llouse of Lords, and beseeching that lordly assembly to concur with them in passing a law ff.) enable them to make a publication of their proceedings ; and this vine the miserable figure they were now cutting in the face of the people of England. This privilege being gone—for it was gone—they had aban- doned it—was there one privilege that was safe? The privilege of commit- ment would be next questioned. It would not be deemed sufficient to issue the Speaker's ti arrant without specifying the grounds of the committal Thus, in turn, every one of the privileges which the people of England possessed might at last Is: questioued before the hereditary branch of the Legislature, anti in turn every might he as prostrate as the one now under discussion. The party AO bad 1111110Sed this privilege were the party who had on this occasion driven the mak' ;ty to ask permission of the House of Lords that they might be allowed to publish their own reports.

Mr. PammArrox approved of the bill. It was most consistent with constitutional liberty ; and any thing snore teilti---(Loughter)—than sonic of the artunents of the Solicitor-General he had never heard.

Mr. llonnousti from the first had been opposed to the bill, and would persist in his opposition. The Solicitor-General's arguments had not yet been answered.

Mr. }sum "limn hoped that after this bill had passed, the House would give more consideration than heretofore to papers which they ordered to be printed.

The motion for reading the amendment a second thee was carried, by 68 to 2.

An amendateat, proposed by Mr. FRESTIFIELD, relative to notice of proceedings, wits negatived ; and the Lords' amendments were put and agreed to, and the bill sent back to the Lords.

On Wednes.ia.r, on Sir RoBERT INGLIS'S motion, seconded by Lord Joust RUSSELL, the order for the attendance of Mr. Sheriff Evans was discharged. Two motions by Sir RoBERT INGLIS for the discharge of Thomas Howard, son of the attorney, and Pearce his clerk were carried ; but Lord Jou N Iie:sELL opposed Sir Robert's motion for the release of Howard the feller, whose conduct in bringing an action against the officers of the How:e was highly censurable. t'Mr. FRESHEIELD, Mr. WARLEY, and :Ir. WARD, supported the motion. Mr, WARD said, he had voted wi:11 Lord John Russell as long as any great object was to be gained; but it or to wished the prisoners to be discharged, and to throw a veil over all that had passed. The ATTORNEY-G ENERAL said Howard was not real' m i:jured, but he had brought his action to make a good job of it, Tim motion was rejected, by 42 to 22. Sir Ronmer INGLIS then moved that Stockdale be discharged without payment °flees : which motion was negatived without a division.

Tut; OPIUM WAR.

At an extra sitting of the House of Commons on Saturday, Sir ROBERT PEEL asked Lord Palmerston, whether be v as prepared to lay on the table the commission for constituting Admiralty Courts for the adjudication of such prizes as might be taken from the wChinese?

Lord PALMERSTON said " Yes."

Sir ROBERT PEEL then wished to know, whether the order to seize Chinese vess,ei extended to the ships of China wherever found—and what was to be done with the property seized ?

Lord PALNEliSTON replied— The order it Ceancil contained full authority to all Captains of her Majesty's ships of liar to seize and detain all Chinese vessels they might tidl in weal; out leactirally the order would apply only to such of her Majesty's ships as were on the coast of China, for Chinese vessels were to be met with only iu the sea, bordering on their own coasts. The vessels seized would be kept in safe cushy.y until the demands of her Majesty's Government were satisfied. If du reraration were made, they would of course be released : it' that reparation ,Iimdd he refused, the Admiralty Courts would adjudicate on them, and when condemned the proceeds would be disposed of as her Majesty

• , might think lit.

Sir ROBERT Pma, wished to know whether the usual proclamation for the distrihtihut of prize-money had been issued ?

Lord PALM E sToN replied in the negative.

Mr. GEORG PALMER, on Tuesday, asked Lord John Russell, whether, wilco he s.iid the object of a war with China was to procure indemnity for theI -sses of British merchants, he meant indemnity for the opium seizs!d mid delivered up, or for the arrears due front the Hong merch mts hi the course of the regular trade ; also, whether war would be immediately commenced in case indemnity for the opium were refused ?

Lord JOHN !Z t•ssELL declined to answer these questions. Mr. Prit.sdat 1■Ilql gave notice, that on the 30th of April, he should move a resolni ion. dint the refusal of the Chinese Government to pay for the Opium Ili-leered up to them by the British merchants will not be considered by this Ifouse a sufficient justification for going to war.

WAR WITH NAPLES.

L0111 MAlloN, OD Wednesday, asked Lord John Russell, as Lord Palmerston was no: in the House, whether orders had been given for blockading the ports of Naples, or for any other hostile operations against that power ? Lord JOHN h usssaa, replied, that instructions had been sent to the Admiral on the Mediterranean station to detain all vessels bearing time Neapolitan flag. unless a satisfactory reply were given within a certain time, respeeti 1'4' the sulphur monopoly. The last intelligence received was, that the ittiiht Minister at the Court of Naples, Mr. Temple, had delivered his mite, but had received an answer entirely evasive and un- satisfaetory, and thet he had thereupon emnmunicated with the British A

thuiral, who was now considering what measures were best to be pursued.

Lord MAHON asked whether a document which purported to come

from the British Consul at Naples, aud was addressed to English mer- chants, was authentic ?

Lord Join,: RUSSELL had not seen the document.

Mr. HUME—" Then I shall read it to the noble lord." Mr. Hume accordingly read a circular letter from Mr. Thomas Galway, British Consul at Naples, warning the English merchants that probably re- prisals would be made upon Neapolitan ships— The House ought to have some information with respect to the treaty with the King of' Naples, which had been signed in January last, and why it was not observed. They ought to have a copy of that treaty, and accounts of the subsequent proceedings before them, before tIN adjourned, for with a war in prospect the House certainly ought not to adjourn in ignorance as to the causes. They had Chins on their hands already ; matters did not stand well with Turkey ; things in America were not in a satisfactory state ; and here Was a probabilitV of a Neapolitan war into the bargain. The House certainly ought not to adjourn without knowing more 011 this subject.

Lord JolIN RUSSELL knew Mr. Temple had instructed the Consul to notify to British merchants the state of atrairs- With regard to the general subject, a new treaty had been lately agreed to by the Neupolitan Government but her Majesty's (; .1 voinent held that the etiptikiions of a former treaty had not been complied u 1 t, and what they de- mandcd was that these should be observed. It sit 11 be remembered that there v,:us a discussion in the other !louse some time ,,go relative to this ques- tion, and Ministers were then charged with remissness in not having demanded an explanation sooner.

Sir JAMES GRAHAM asked, if any Order in Council had been issued?

Lord JOHN RUSSELL replied in the negative. It was not necessary, as in the ease of China, which was so distant that it was impossible to wait for despatches before sending out orders for hostilities.

Sir JAmr:s GRAHAM observed, that nevertheless orders had been sent to detain Neapolitan vessels ; and he had yet to learn that this could be done legally without an Order in Council.

Lord JOHN RUSSELL could not then discuss the law of nations with Sir James Graham. He hoped that the Neapolirmi Government would give satisfaction, and then the be released with- out bringing them before any Court of Admiralty.

CANADA.

In the House of' Commons, on Monday. Mr. PARINCTON asked Lord Joint Russell, whether the whole of the (71ergy Bill was illegal in con- sevenee of th.- illegality of a part of it, which went to repeal the Act 7th and Sth Geo. IV?

Lord Jolts Rt.'s:SELL replied to this effect— There was a clause in the hill whielt went to re;wal a portion of the Act 7th and Mt Geo. IV., which, as that it lid not eoliCat anv clause empowering the Colonial Leslat are to alter or repeal. it \vas so '.*r in the opinion of the I. aw `the Crown of no leg:11 lit r .1,s: confirmed by an Act of the Lapoli,d Parliament. But as to any opii,be Ow 1.1w ( bitters of the Crown

given to the effect that the wink bill l,-.• • that he should again consult the Law Officers of tile iject.

Sir Re•BERT PEEL had eerutinl 1 that the highest legal authority had declared in another if itie portion of the bill was contrary to law, it would invalidui... the whole bill.

Lori JoilN Ilussm.r_ said, he should certainly not advise the Royal assent to be given to the hill until Parliament him H'en consulted on the subjesit.

Mr. PA KINGTON pttt another question— Was it the hat-mien of the Gavernment to call upon the Imperial Par- liament to legislate anew with respect to the Clergy Reserves, or would the bill to be introduced he nwrely tbr the purpose of enabling the Crown to give the Royal assent to the pre,,ent LOH JOHN EUssELL said, it would take a speech of half an hour to answer that question.

On the same evening-, Lard Jolts RUSSELL moved the second reading of the Canada Government Bill.

Mr. PAKiNkrrost would not divide the House against. the motion ; thought he objeeted strongly to the subjeet being brought forward im- inediat .dy after the long discussions in Nvhich the House had been en- gaged, itnd when so many 31embers were gone out of town.

Sir llonEnT !sums hoped the second readiug would be postponed till after Easter.

Lord JoilN Illf,:i4;LL did not think it a so:11(.1,nt reason for putting off this most important measure it the Gov ornment, that Members had thought proper to twe:tpy nitwit time With motio:Is WI different subjects. The manic plea might hs. urged after Easter. Mr. Villiers, for instance, might again brin,rfort aid tho 'orn question. According to Mr. Pa- kington's rule, Government oti:rdu be prevented from bringing forward any motion at all. Mr. II t7311; obj,:eted to further delay. it was 1-.eeessary that some alteration should be made in the present state of timiags. Ile thought the measure an incomplete one', hat still 1■cl!,•1' 111.171 IttEle at all-- lie thought that this bill did lilt cutOut! t..- for satisfying the people of Camtb, er for :centring that p:4aee it was the ob-

ject of the Go I eminent. The principal gr, ' .•;.'rtint against tin Go-

vernment was the \s ant of responsibility Thi bill provided nothing to sc;.tirc roihmsibility. It u L ut' the 1,,tple of lover

Canada that the Legislative Council slionld bc eh that it might act in harmony with tbem. That had been the ta., u to the Government, and that it was which had led to ultich bad produced Ow deplorable mit-break uhith I:! r Canada no

such thing was %%anted : the p,atitl,• u -ti usith the Execn- tive Council: but they uncoil t: it: way with the Legisla-

tive Council in I,ower Canada. it that tic ui ccli tlithitv was prodaced,

which was Si) Ably II:S(11111'd Ii 141,011. Will AI it nOW 110 thought that there was gre.at in- justice about to be l■,•rp,.;,;uled rreneli opulation of Lower Cail.Ida. Lord John it'- !ldeclarat • -tie. 1,, (lone to both Pro- vinces, was %Whited 1,y this 1 i .' slboild he an equal number of Repr,:entaiives putlut ito of Upper CaniWin wits from :1:41.■ Rat 1, 14 44 4.4 I4 44 !4, , ,• ! , cloada was i;00.000.

The effect of this hill then Es !44- I .4, 414 i;4 Ai ',ovulation of the colony, and to depri‘c them It that sh Ire of ntlition to which they

were entitled. Although he !..ave his :I—mt to this 1 he was confident that the same complaints which existed in the Upper extended to Lower

Canada also and that the people of both Prm i I u ,ould seek to secure the same objects, which, ii' tIwy le,,I bcen brforc given. is,.mild have prevented the recent outbreak. Did any mu, thMk, I;,at when tlic two Provinces were iti too ;deo- tvell the proposition suldela

th

''t ler e porptsse of imall'oef the f ...+1111! of the Canadian ewe.' rto. ion whether thee It (et :A he infinitely holm', 1, rate bill, rather than to pa-s , his tholight that the nolile t:oatc'st ofjc,et ions existed in imint to pns, utii at:t to make it valid

- riiji ctions. Ile Insidt these re-

,. / side", r!riee //tocse)—tiir hoped v it Malt smite mode le•i scs mlolited

o Is ci satislitetriry Is well 118

the 1.. _ use s-I • 4 I 11.!. mit( lie thom,hit that it Ivan infittit t r Imo to slice t Melt Isis halt Ia-fOre the 0,2* .fl to si y partimilar ei -s its the '...1..111,111, rather than to 'nal ;f. 1101/e hurl derlarid %%led he 111111111111 tO P■he 11.1,14

al;s•-• 1,1111011 (.11 Slat Allliji•rt. ;1;min, M. sIsal to,lire the that it

*ago ,sislt to throsi iropeitiimmt , in 5he seity sit legislating on the flees-

united, they would abate one jot of their claim for popular institutions or re- presentation ?

He complained that the bill neither altered the constitution of the Executive Council, nor rendered the Judges independent, nor gave the Colonial Legislature the control of the revenue and the Crown-lands. Ile thought that the whole of the Clergy Reserves should have been placed under the control of the Colonial Legislature.

Mr. GALLY Exuarr thought every one must see, that if the projected union did not cause the separation of the Colony from the Mother- country. it was at all events preparatory to that event. lie attributed the difficulties of Canada to the mistaken course of concession, and the premature gift of misgovernment,

Mr. Gouaituisx reserved his objections to the bill for another oppor- tunity.

After Sir CHARLES (lnEv had spoken for and Sir ItonlinT INous against the bill,

Mr. ELLICE rose, but not to speak at length, for he observed it was the general wish Of the House to postpone the discussion till the motion for goiog into Committee— Ile had had consitlerahle doubts himself on the subject of the union of the two Provinces, and ;Ley had only been removed by the general expression of the opinion of the inhanit ants of both Provinces in favour of the measure. In justice to his right Imeourable friend now Covernor of Canada, he must bear witio,, to the able tied conciliatory manner in which he hed executed his thole.. and 1.y which he lied reconciled all classes of persons in that country to the le ine1ple of thr measure now betbre the house. It was also a great sa- tisfaction to him to see Lord John Russell in the office he now tilled, because that circumstance :race Lini a coutitlence that they were now approaching, after teeny years, the hist settlement of which this question was susceptible. He had an olectitm to see psrticular part, and only one, of the present bill, which gave to the Governor-General the power of establishing district Coo ii throughout the two Provinces. Ile was ready to affinit, that the smotv the adutinisttatiu II of local effisirs iii each locality was encouraged the better alai it was it therefore tte7ainst the principle of establishing these dis- trict Councils that hohjected. Nor did he object in principle to the taxation land. It u fls the intention of this measure to take Wry great securities sonsio. etty with the conetesion ol o i V. dvantageous to the Canadians. It we- lt.tet.ded to tithe .1 very larwe Civil List. ;LIIII to cripnle the ises crs, here- tofore I. it t.. the representative ctv stein ThcrelOre lie did not wish to deprive the Cr ell • ea of the matiagc'titeni of their level affitira, AN WWII thee had objected to yes' it, tho hands of :my Goverwiten lle would reserve for the future stages of the tii,ce,sion the eriainds on which he had formed this opinion. In the mean ties., I., would mailially cement to the second reading.

Load .1 oitie 11 ttesi:i.s. agreed to take the principal dievussion at a future steee of the bill : though he would also insist on adherence to

the ride practice of the I louse, whieh made the second reading an affinnatio.1 of the principle of the measure. The points which Mr. Hume haul raised, he would not then discuss—they could be beet de- bated in Coin niittee.

Sir Poioner PEI:1. was :dive to tlia importanee of legislating on this

question in a way to secure the approbation of the Canadians; for-the most .11-,e,:totts cur ,equenc,s would en' sue should this country have to wage war v it Ii the United Suatea on a point of honour, without the cordial good feeling of the British inhal•leunts of Lower Canada. There sans, lee-ever, little reesi a. to auellt their fidelity ; for they had given a nol,l., example. hot on viitheir valour, but of their pride in the con- nexice. and their di dee T,, Coll': /lire it. It was time something. should he &lie: eed he lisd only heard of thre.s propositions for settling the rprestiou- The tiro was. the present men-tire : the second was, the maintesatire of au arbitrer; rester in Lear: C.:mita by means of an art:4r try form of Govcrn- merit —a Lretslatit.. I immeil appoInted In the Crown—Upper Canada remain- ing as it ism, : the proposition waa. that there should he a division of the .•. r i st Lower Cai ada. each having a Legislative Coto:ell and lie emdd net COffeeiVe IL more cosh:massing retest' .t. to Many of these tilts, recommended that Upper Canada. enter., .... m 5;7-, Lower Canada governed by means of a Legisla- ••.:.-ii itlo, tit a reprc imitative form, rstIvied also that the island of Moor, - -1,-,1-1 h. d .teclool tlase. Lotter rod added to Upper Canada. It was dslIss .. • y Lit soithl be the ti cline, of the hiss al inhabitants of Lower Cana., u el. e dues -es., slue most :.5.1...riant part of their Province, for which !IA co,t. clet, separated ft -ten them. Serb NI 9. the power of habit And oat tirrl cittaelme it, that any -eel, to t•teltment :night raie adverse feelings tIO• of the inf•aliitant.i. Was a propued t islis-clr, the two Proeihr: to fortn a third ; %Mee. Ii- tad Oct autlieieet ihramia- tirm '•!.. allots thal ia,int, hai doubted whether ,..00dt wisuli to ftwilittde the cmod t, of the Canadmi. Ile wished there had I..., a I ossiffility orS tot:fete In .t..• r Loral Legislatores

poptil •,- rninent there—and not la• that the members from Lower

Came-, st,...,o1 a Ills him..., of Ow inay constitute IL incest fortott:m '.• ocior 'that. II,' meet. fereed llusts the experience of the pfi tt, thieil there •-.1eht :s. lewd, .tineult v issertaing on the government. his us as lea: bit that 7c le w- -norm, of es II `N 0,114 sit i,e out of the motwy-votes.

Pm it. 0, a few oliservation ; to oar respecting the Clergy Iles ewes !SW— P..• • • feed uote i lie ill

Si Isis

ueueta .;•

of ri: •

wook rnark• :in

that it . of AO,

tksn that he had spoken; for he earnestly prayed that the deliberations of Pat, liament might be successful in snaking the Canadas it source of strength to this country.

Lord JOHN RUSSELL repeated, that he should not move for leave to bring in any bill on the subject till after the Easter recess, and oppor. tunity had been given for consulting the highest authorities. Bill read a second time, and ordered to be committed on the 11th of

TREA1'3IENT OF POLITICAL OFFENDERS IN PRISON.

May. Tuesday, Mr. WARBURTON snowed for copies of correspondence

relative to the treatment of Lovett an i

d Collins n Warwick Gaol, lie remarked that persons convicted of seditious libels were formerly treated with ntuch greater consideration than the regulations made in pursuance of the recent Acts on Prison Discipline permitted now-- In former times, it was considered sufficient to make provision for the wee detention of the persons so convicted, and nothing in the shape of discipline was thought necessitr,y to be applied to theist. Ile could refer to innumerable instances of this kind before the passing of the three recent acts. He would mention the case of Sir Francis Burdett, who, everybody knew, had matte: and published it letter to his then constituents just after the Manchester mas- sacre. For that publication the honourable baronet was tried and finind guilty. Ile A114S transferred from Leicester Gaol to the King's Bench Prison, sthere he resides! in the 3Iarshal's house. Bit friends had access to him ; and, in short, no restrictions were placed on his conduct beyond the safe detention of his per. soa. Again, he would take the case of Mr. Gilbert Wakefield, rilso convicted of a seditious libel. iiv. Wakefield enjoyesl the free access of his friends, was allowed hooks, and suffered only in the detention of his person. In the caw of Mr. Leigh Hunt. his room in Dorsemonster I.ane Goal was tastefully fitted up ; he had hooks, the access of his friends; in short, no restrictions beyond safe custody Were ever impowil formerly on persons so convicted. lis thesame way, Mr. t'ohluett was permitted to rcside in the house of' the keeper of the prita)11 ill ANL:ill he was sentenced to be confined. But he could multiply eases, if it were necessary.

Such having been the practice of former times, what was it now un- der the Pr'eon Isiscipline Act ?—

Before he went to the treatment of Lovett and Collins, he Insist mention what had hen done in Warwick Gaol in the case of a Mr. Lloyd. a banker at Warwick, mho had beets convicted of an assault with intent to commit a ress--an OtTe/lee AA ilhiiti the highest class of misdemeanours; and yet that losasidual an convicted had, sum! the Prieons Act had missed, been removed from the felon, to the debtors' sidle ef the geed, where Ilea had every indulgence 'title:I debtors enjoyed. Neither could lie pass over the treatment tvhich the Reverend ltoluert Taylor, who bad been convicted of blasphemy, met with in ilorsemonger lente Ciao]. Ile found from the minutes of the Visiting ,Imiiticts, that they resolved that the Reverend Robert Taylor should be alhoveil to see hie frietals for four hours every slay, viz, from eleven to three o'clock ; hi • efteittlance at chapel was dispensed with ; lie was permitted to provide I r is min bedding and food, to he .-e one quart of malt liquor per day, to provide himself with a writing- desk, chairs, table, and candle. lie was also permitted to take exercise apart from the other prisoner:, in the chrypel-walk: lie was allowed the 11,e of a daily newsparier and hooks of science, history, and belles-lettres In short, he was allowed a great number of indulgences; and this top in the year 1s$1, Alter .the passing of the Prison Acts. There was besides the till mere recent case of (lie Reverend Mr. Stephens, who was welf known tar his opposit'on to the Ness' Po ,r-law : he was senteneeti to be con- finedi Ii K !louse of Correction, where he would ho oillject to the diselpline regil'af,o1 he the statutes ; but he had been transferred to Chester Castle, where his 'old great indulgeuces, and, above all, was permitted to seedds wife and chifdren.

The treatineet of Lovett and Collins was forcibly described in their own letter to Sir Eardley Wilmot. They petitioned for permission to buy tea, sugar. and butter, and occasionally a little meat, to prepare their own bedding, mad to wear shoes. They complained of being locked in their ells, in the winter, for fifteen or sixteen hours without fire or candle and craved leave to purchase paper and pens to corre- spond with ;heir friends. Some relaxation of the extreme discipline, lie admitted, had been snack- in favour of these men. Mr. Warburton then called attention to the laws whieli authorized the severity of treat- ment' ty Lich Lovett and Collins complained of— These restrictions arose out of the three acts of Parliament which were passed for the regulation of prisons. thy these acts prisoners were divided into four elasfic's. There was first the class committed, but not convicted; thee there was the class of convicts. Another division was of those committed for misdetneanoure, es distinguished from those committed for graver crimes; null these again were, divith d into the convicted and the not convicted. These were the only distinctions made, and it was c'aiteniled by the Visiting Magistrates, asal very propc Ty contended, that the regulations having been once ismile according to these rules, they had /10 power to alter them in any individual rase, and could only be done by some genentl rule embracing the whole class. The 1.1Th-ft:lure then was to Name, and not the Magistrate's. Now, misde- meanour was a very indefinite terns, extending from crimes of the very grits-est In offences of the very lowest t'bau'sscati's';liir every versos' wits held ;etilty of a midennaitour et lisp viUlatell :my act of Parliament which had nod finite punish- ment :toadied to its violation. There was no disgrace attached in the eyes of the public to pill is inch olnewea, fuel why should men convicted of them be subject,4 by pri,on reenlist Mit -; to the hal let, it ies which were endured by crimi- nals of the lowest des( ription ? Why should they he stripped naked on their committal, mid et:mimetic(' to asseelate with felons—tin association cals.:dated to mann! the Coll stf;S Or the very Iiimiblest man ha the community ? NVould any (los etheteet. dare, if Sir Frameis Burdett were now found guilty of a criminal ollOnce, to strip him naked on Is committal to prison ? Certainly not ; and yet t la• p55555l of committiteet world be misdemeanour. The ilagia trate% hail net...I moet credit:duly as regerded Lovett mid Collins, and Sir htardley Wilnee's comitict Isaa deserving of the highest praise. uNlr. Warliturtsei was convinced that the treatment Lovett and Col.

fins ex! uel was never intended by Parliament : it tower could letve I saes how ded to apply the same rules to political offenders as to eon of .:1-7111C0111 crintes--- I t sleuth! be cote:alert it that convictions for libel were by asort oh' e.• !IA! J dry defined the crime and declared the criminality at the sante time. The coneequence wee, that persons thus consiVkli Were usually treated with noire leniency than other offenders. The new regulations, how- ever, previodea imrs ismicocy, tom in the prcsetit Distftlicv, and before the Ma- Mr. Sergeant TALFOURD seconded the motion ; having hail the high honour (for sttch he esteemed it) of being acquainted with beveral persons who had been convicted of political offences— One of these, a person who had rendered high service to society, and greatly advanced the cause of freedom, was Air. Leigh hunt, who was confined in coldbath Fields prison at the same time that his brother, John Hunt, was 0»prisoned hi llorsemonger Lane. Air. Hunt, however, lived in a style of comparative splendour IOWA a captive in the cause of freedom. As he had alluded to this subject, he would venture to express a hope that when the Government ivas dispensing its bounty to literary merit, it would not forget the efforts anti the endurance of one who had never forgotten the cause of liberty. lk also remembered having, when a schoolboy, visited the late Alr. Cobliett in prison, whom he found surrounded with books, music, and other elegancies; and so far front having 1111t letters inspected by the prison authori- ties, Mr. Cobbett was allowed to write what he pleased, having at that time composed his celebrated work of " Paper against Gold." There it as another ease—a case of felony too—natnely, that of Air. Astley, (it was understood,) who barely escaped capital punishment for the embezzlement of Exchequer Bills to the amount ot several handred thousands of pounds. Ile was sen- tenced to death, and remained under sentence for a considerable time ; the majority of the dodges having considered the conviction wrong, whilst a cow siderable minority, with whom was Lord Eldon, held otherwise. This person gave splendid parties whilst in prison, which were attended by many eminent persons, amongst others .by the late eminent Air. Erskine. TItere was another case also, that of the Reverend Mr. Winterbothmn, who titti Convicted of sedition in two sermons preached at the period of the French Revolu- tion. The ilol-reoulations in this case, so far from prohibiting the Re% ev, gentleman from seeing his wife, allowed to get married in peisaa, During his incarceration he wrote a History of America; and his

who

were very respectable, instead of considering- their father's punishment a di-- grace, referred to it as a matter of %which they felt proud. It was unworthy of ally Government to visit with degrading punishments offences which be called intellectual, and to subject the otTenders to a species of pers•mill in i,1 moral degradation, which to susceptible minds ivits worse than the intlictioo of corporeal torture. Before lw sat down, be would call the at o.! the Nouse to the ens: of Vincent, who hint defended himself with great diseret:on. and Ivith a grave and modesty whi •Ii slinweit that he NVIlit copahle of better and whom kind and gentle treatment would be eak:Itted to convert into a most deserving member of s:wiety. Ile unders.siad that this young man was about to be transferred to the Penitentiary; and lie 1.o1ied that one so capable allure and virtuous f.:elings would not be subjected to those pcmsonal degradations which were so calculated to weaken, if not altogether it 10, every sentiment of sell-respect. Mr. Fox 'AlstmE agreed that there were omissions in the rrirons Act with respect to the treatment of political offenders, awl he was disposed to make such amendments as would remedy the defeet. Ile could not, however, concur with many of Sergeant Talthurd's observa- tions. the eases he had cited were not analogous to those of Lovett and Collies-- 1u viewing the ease which bail now been brought before the line it should be rem:Inhered Vita great excitement existed in tlw country at the time the offence W1l$ committed, partly owing to the excitement which piss:Sled ii the public mind, and partly owing to the proceedings of the National Com out ion, of which Collins wes nicui"ier and Lovett the secretary. The or wide!' Lovett was convicted, was elle wItiell no one eeidil dun v tail (...:1-dler,d)le.

Influence on the public mind. The seenrity of the luddie psao.• ve.plived tlett a protect ill should be instituted against hirn; hid Jur; of hi, o :7 ion it- lien haying vonsillered him guilty, he %% as neeordiet!ly ,ontenc,• i to the loiliisbs mot 0: imprisonment. lit, certainly could not help thinking tied the poni-b- meat to %Aid' those persons had been subjeeted in the Gaol of W....vich sva-

ui

a mon: severe nature than had been :111th:4m:A ; hut at the same time. It not in the power of the Secretary of State or of the Alagistretis ti whisste it to o ;Jeatvr extent than they had dime. AN 1 u regarit to offence it Is of a still graver character. Any one NI had rea.i in the H.,t, ••.a Vindicator, of which Vincent was the editor. the i ;ti sn Lie:. he twin pro- mulgated on the present constitution of the country, niti,t, Mr. Manle thought, he convinced that umil he reformol his opinioos, he coal,' not iii lookal upon as otherwise than it diobrorotts v tI s, ciety. this ntltinird might filly rely, that the punishment of Viment scont...re:nem in the Peliitemiary should not exceel that of any other iii,1"%i3,1•1. I calsy,I. lviinever heard Of adly complaint against fae treata:ent to %% hie!. Forson- therein confined were sul j,•eted. lie quite agreed that a power shotill 1,, gi, on to the S,•eretary of State and Mogi-trot. s to -..•paritte 1104.0 11110 were contiolit,3 to prison for political offences and seditious libels, from the felons oho us confined in Ilie saint-. prison ; ber:lio:e. although theFt iuiLht he same evtvelio• cases of seditious libel us huh it miylit lie advisahie to Visit :vitt& %cry seveve nishment. yet, generally spooking. Ile did lort thilv they It ire :hes, as to ilescrie to be Cia.,•;Vil il.•10111011, ad:Th.170% Mr. lit .31i-; expressed satisffiction With flit' general teno,Ir Maitle's s;,...ech. At the sanw time. be times:It it to i)rag charge against Vincent the opinions promulgated in the Mesh's/ diodss, for those opinions. had not been made the ground of accusation against hint before. Lovett. All% Mune hues- to he a clever ited a re- sPectahle man, who felt most ;widely tlw injustiee of the punisliewat he was sufferins% There wits a general helief that that punishment was umre severe th to povsons guilty of gv.tver crimes mblerw, ti' an I nnel.1 o;,ittion was prejudiei:11 to the Go...or:intent and tilt' :1,11111:1dt- trattaa of justiee.

Air. 'rows ti 1./1-xecni to,. said that Air. Aimile's statement ma- tho'o i Livist ' filetory as r.....):Jrilod the nature, lutt not as regarded the past -- to serve his p.„. The 11:wen:est Me. Stephens., who had hem: convieted id a scUiti.msI 1and . -\13'1"! belivood, had eiwour.v.,,vd the people to arm. %, alloa 0.1 to ilys uitli II I;"" I ''•`!•!i : ' • • the Governor cif L;Inca,1,1. I u ii I lit here doise I ii lit iiibl lit t "'ilk in the same boil, hitt in the roam tvith 0 cativiet.s1 Whin, it So all'411" bed, instead of being- allaid itot lilt r,‘Iy sepoir...te by,k, but it I `', rooms. Ile believed there tvits not :1 hotter di-T.:is:A or inare anti' :le Is !:1 11:"11 that petitiso , I . , hr11)1 it Air. (Ionia,: 1,10, h ui I 1 ,nn In believe. it n 11 I , ut ar'i" 11; rellent elmraeter. lih,.I for -,thich Govt,tt ,u us tmitvicted let boco .,tatea 1 N'"v• over ;Old over again in that Home t ho 11011.111.a:1, Nhonlicr for Girona:311am. constituted .;,00d set. , at lase. ! namely, that the Police I/1 London Uerv tlo. cause of all tbedliot",..,..old del rde- I Sill. II, iiI null (1,!i'•'• '1'11'1 hi

of the class whith indicated degradation of mind, and were indeed often committed through over zeal, or too great generosity of character.

Sir EIRIDLEY NVII,MOT felt that it wits unnecessary to defend the pro- ceediugs of the Warwickshire Magistrates, for Mr. Warburton himself

admitted that they had only administered the law as they found it. It was impossible to classify prisoners in IVarwielt Gaol to the extent de- sired, for all the prisoners of the county were sent there, and it was sometimes so crowded that they were obliged to put three in a bed.

:Arr. V11.1.1 mts hoped no time would be lost ia cominunicating with the Alae,istrates on the suiject ; and Mr. suggested that the prisoners could be released under the sixteenth clause of the Gaol Act.

Mr. AVannunTos's motion was it2;reed to ; as was also another motion by the same gentleman, for a returu of the convictions of certain officers

of the Nell: y-sixth Regiment for a riot at VVigan. and of the treatment to wIlit.h those officers have been suljected in conformity with the prison- regulations, since their coufinentent in Lancaster Castle.

Comm-sq. OF Mataserttssms.

Mr. Etsvioim brought under the notice of the House the case of

Nathaniel Cave, a labourer who 1 been committed to prison and de- tallied there eight days on ffilott'-. fare, on the ordsr of the Reverend Mr. Mountain, it .Magistrate 1!:::-.fordsliire. \Viten brought np for trial, it appeared that there wss no (2\ idence to justify the commitment ; and Cave was discharged taralwa tidy. Jivu brought an action for Ill mages iTainst Mr. Motu-mil., ut Lord .1binger iiirdeted the Jury to lind a verdict Gs. the iii louiS.: vv tt.ve esolt was that (.%tve lost 1001, by his action. The co:slit:1 is, Sir. 31._;iinuyin. and of the unpaid Magis- trates generally, was censured 1:y the 1,ibc•:al )dtnahers, and defended tiic Conservati ves. v, Fox MAUL]: 111'01111Seti ICI call upon Mr. Monatain for an explanation of his conduct.

Mists- mist NEOUS.

1.410a1/ SEATON.S ANNUITV BILL. t.1, this billow:171,1rue; ceineld on Monday; after an lin:1'61.1mA •ntiC111P: E•y to confine the annuity to two !is...-. The cli■ isioo for Mr. O'llittEm's motion was 33 ; ass:hist it, 1114, 0,1 Wednesday. ths I 2 VOl ro:i i u third time, by a majority of 77 to 17, and passed. Mr. I lt-7:11 lvi-' liii OppiItiti011 to the last.

A) Int tl.TV Joimie's S I :is The llense living in Committee on CC-. bill, Air. ilt Ill; 1.;0.■ ::•2 atm n the salary front .i.te mi. to Rejtefeil, Lo;.d lio.rilam mod ed a pro% iso to prex est the in any future Parliament. This ....lotion was also rejeete,:. t::: t) i. I • ithn was raised to tlw clvi MC which secured a Fel::: .!• a year to the

t but it WdS carried 1:y • ti were agreed to without divisioa.

Ltomow Emseetosi. .A1- 1. reported that Mr.

eleetion ;vas void : it. • tn v , Mr. Mem:is and

Mr. -.Ire, had, by their issee.:. 1 .The,s. and visiting; tyd ci,t A srl. nu ions to arid during^ the itt oleo:ion for Ludlow. :co were ”r;11c.dreedd. to 1--iawd; and tl; 14Stlj CO: a V. is 1' i resent. :lisp.

Ilya:710N. TA, FI1Eli..\.i.7.1"td: called atte:Iti.)n to c0nn._-.2! u,, ,v:,-'. for Toines, and seriously atrectsil the s •i ;is: 1 s The facts were :semi :seal in a petitios -.11-..11 Sc is:as:tea s.'?•:-- i•..aton Int.1 It vu : vd,itt iilul he in the t_tii, tee iv-ported 13,1,

boo be issocd. 11

ViiS,.,irtvit Exeter, o hr.

.■1C i!rrt•rrItnt 1.r •

cv .I.1: that he vuo ,••

of Tottai.1•3 ! 1:: made ,•:' • hant them, iva.1 ,• '3 by :Ix wife et' ; -1dy's lhvuil. 1,11; ta. • l'ae act of 13:1-11. n I I. on tile

I.,s el:host:mem 1.6 iii I ..■ lv It the poiti,e, ta o 'site it1 hi, absence, the f.,

wt re absev.i o !Ili

not lv'1.,tr 1 i a say he c, •,!!

io taindon at the time .1 i ,ec

to., of them store hi , • • o: It oneed to the par tic--. 91,,, aware of the dhl not torn unto] lor it liad nvfeloo, e I • It possible. resist lit,' inttablot:lion or sI limmitstitinion 11 o Th tI oas. i TM, ..k•r•rturNEv-GII:sini • ,', t".• b, 0.1t. ret‘epti1111 Of the after all, the sum :111:1 simlistvuiu e of the For the di:strut:G.1i petitiiiitt hut lie thou:gilt -•• mAdt2 out

. .

veeei‘ed tlw l'uder-glkeriff lettlet: had been .; • :1 :0 serve it in the :dileIn s ott the neulay ; ■ 3. I'.,., 'twist. and as the :LC daily which had v -caught (14.1'otned; I It v,t1nesday la-t, the • ls: I vii nail moved that a it on Fri My last by im•ssenger to'fotnes; -.so the precept on the • \ it, and after, !rdi to • 1 V. as in tw,t n that stiul rite knew eted home. that led woo's! come ..tv he let t dttrii- ■ rTtl Tot, •t-lerk.

s!leritf 1•3tet*.r.

: only th.) illat I.y

'talc statt 'tient of -‘,I.tyor al-pointed eolith:Thal pre- ,yry tee. IL' was ,ve that I'm y were . :Ind lie

-omit ted"aas alt- - •. tlmt Olt y were ev of tit, • ',deuce to ga": '• tiinc.

.! vt I . ;3r.re

. •,•thls , •

tilt'

• . tl,e1 • ,...roed

• I. • :flit, or

• ' • M

1!..! t!..'

r who It 3: tv, ho'dks 31.1 10 1..ought occurred would not lead to any inconvenience, and he should therefore with- draw the motion for inquiry of which he had given notice.

CHIMNEY-SWEEPERS. Mr. Fox MAULE, on Tuesday, obtained leave to bring in a bill to prevent the employment of children in sweeping chimnies. He proposed to make persons violating the provisions of the act liable to very heavy penalties.

Mr. HOME wished to put an end to the cruel treatment of these boys, hut had never known any good to arise from legislative interference with trades of any description ; and he had little hope of its success in this instance.

Sir ROBERT !wales said that by adopting Mr. .Maule's bill, the House 'would only carry out the principle of the Slavery Abolition Act.

Lord ASHLEY felt most thankful to Government for introducing such a measure— He bad a paper to show that every. fire-insurance-office in town had not only selopted the plan of sweeping chimmes by the machine, but had recommended the system for !general use. The prejudice against it would soon pass away, and he hoped that such an exhibition of moral degradation as the employment of tender children in such a revolting pursuit would be speedily put an end to. It ought not to exist in any civilized country.

BUSINESS or THE HOUSE OF COMMONS. On the motion of Lord JOHN RUSSELL, it was agreed, on Tuesday, that after Monday the 1st of June orders of the day should take precedence of notices of motion on Thursdays.

THE ADJOURNMENT OF THE HOUSE took place on Wednesday, to Wednesday the 29th.