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"Magistrate under the operation of the "worth, who could not find sufficient in "31st of the King; he had read the Act" the statement of the Gaoler to justify the "attentively, and had found in it no such "exercise of power he wished to resort to, "authority. (Hear!).—It did give cer- "and expressed his concern to the Prisoner "tain powers in the control of Houses of" that he could not punish him. (Hear!) "Correction to the Magistracy, but such" This regret, however, could not have prisons as the castle of Lincoln, county" been of long duration, for he was again guals were, he contended, the prisons of" brought before this Dr. Caley Illingworth, "the Sheriff's, and not of the Magistracy." and was sentenced, in two days after, to (Hear, hear!).--If this power had been "close confinement in a felon's cell. Here "given by that Act, it would have been" he remained eleven days and nights, aud "given in plain and direct words; and if "might have remained indefinitely long, "the power be not given, it was in vain" had it not been for the arrival of the into talk to that House of what this or that "telligence of a conversation which had lawyer thought of the construction that" taken place in that House on the subject "might be put on the Act, when it was "of Mr. Finnerty's Petition, complaining "evident to any man who read it, that no "of abuses in that prison, on the part of "such construction was within the mean- "the same Gaoler. On the arrival of this ing of the Legislature, at the time it was news, the Petitioner was immediately "enacted. (Hear, hear!).-But as to the discharged from his cell. And here he "offence of the petitioner, it was simply could not help congratulating the House "this-He had refused to be supplied upon this instance, among numberless "with a bed by the gaoler, and wished one "others, of the great benefits resulting from "of his own to be brought into the prison; "public discussion. (Hear!) He had "this was no indulgence. He had a right "often voted in minorities of even six and "to this accommodation by virtue of the "sixteen, where the discussion upon the "32d of George II. chapter 28, section 4, question on which they were out-voted "a provision obviously made with the view had, by becoming public, led to a cor

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of protecting the prisoner from the rapa"city and extortion of the gaoler, who" "might otherwise insist upon his own price "for an accommodation so indispensable." "The petitioner, however, was threatened "with being turned over into the pauper's" "ward, in case he brought in his own bed. "He was then thrown into a room contain"ing seven beds and thirteen prisoners. "It was in summer-the weather uncom"monly hot, and the room very close. "To this room were two doors-an inner "and an outer grated door. One night, "after the Petitioner had been sent to this room, the inner door was closed as well as the outer, and thus the usual opening between the room and the outer door was "closed. It is not improbable that the "Petitioner (though it is not so stated)

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"rection of the abuses to which it related.
(Hear!) He thought that these circum-
stances did lay grounds for suspecting
both extremely corrupt motives in the
Gaoler, and most criminal connivance in
the Magistrale. (Hear!) The Honour-
"able Gentleman who cheered him would
have every opportunity, and no doubt
come prepared to vindicate both Gaoler
"and Magistrate; but he could not forget
what had been stated in Mr. Finnerty's
petition, and never contradicled, that one
of the Magistrates, in the presence, too,
of another Magistrate, told Mr. Finnerty
"that he had heard that in other prisons,
prisoners, by paying for them, could get
"better apartments than others; and that
" if he gave three guineas a week, he might
get better; and that on Mr. Finnerty re-
monstrating that he had not the means to
pay so high a rent, the other Magistrate
observed, that he understood a subscrip-
tion was going forward which might
"enable him to do so. (Hear, hear!) He
"could not forget that the Member for
"Lincolnshire, who came down prepared

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might have expressed, in strong language, "his indignant sense of such an act of oppression directed against himself, because" he did not succumb to the extortion of the Gaoler. (Hear, hear!) Be that as it might, he and the remaining thirteen "were, innocent as well as guilty, shut up "in this room; the usual circulation of air "denied them, all on account of the sup"posed contumely of one (hear!), and in 66 consequence of what then passed between" the Petitioner and the Gaoler, the former "was brought before Dr. Caley Illing

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to answer every other allegation, was "obliged to suffer that to remain wholly "uncontradicted. (Hear, hear, hear!)— He had heard of a meeting of the Magis"trates on the first of May, who portioned out the nine sleeping rooms for debtors in

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"the following manner: seven to those well as commit; and, if their authority "who could pay for. their beds, and the were to extend to the interior of the jails, remaining two to all the rest that could they would become the finishers as well as "not pay. (Hear!) By an order of those the beginners of the law. The Justices Magistrates, places and cells had been of the Peace are numerous; they, in all appropriated for refractory and disorder cases of prisons, will necessarily be many; ly debtors. He knew not the authority they are, too, a fluctuating body; some are "under which they made such an order, dropping off and others coming on conti"and he spoke as a lawyer. (Hear, hear!nually. In such a body there can be no "He stated also, that the Gaoler of Lincoln responsibility; or, at least, it is so difficult Castle had a fixed salary of 300l. a year, to fix it, that the object must generally be independent of all other emoluments. defeated. This is not the case with the He stated also a case of a debtor in the Sheriff, who is one; who is known; and agonies of death, who died in the night who cannot shelter himself under the vote "time before any one dared to disturb the of a majority of colleagues. Then, repose of the Gaoler. He did not say again, what are, or, at least, what may be, "that the debtor might not have died, these magistrates? Why, any man who "whether a medical man had been timely has a hundred pounds a year (less than the "called in or not. It had been lately said, wages of a butler in some families) arising "that the gaol was in an insurrection; if out of lands, tithes, or certain offices. Any it was an insurrection of complaint. such man may be a Justice of the Peace; "But the prisoners had addressed their and, as to who are the Justices of the Peace, complaints in the humblest and the most all I shall say is this: that they are ap"respectful language. Such gaols and pointed by the Lord Chancellor upon the prisoners were, he contended, the She- recommendation of the Lords Lieutenant, "riff's, whose duty it was, not to ride on a and that the Lord Chancellor and the Lords "caparisoned horse into the assize town be- Lieutenant are appointed by the Minister. "fore the Judge, with white staffs and trumpets sounding, but to consult the ease and comforts of his prisoners (for his "they were) as far as that comfort was con"sistent with their confinement. For་་ tunately those new lights had not broken "out when the -great Howard undertook "the duty of Sheriff. He then concluded "with moving for the Select Committee.'

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So,

-The Sheriff, too, is, indeed, now a days, appointed by the Minister. Formerly he was not.

He was, in former times, elected by the people. However, he is generally, as yet, a man of considerable fortune in the county; he is known; he is conspicuous; and, at any rate, he is one and has a name, and, therefore, in so ne way or other he can be made responsible, which alone is a reason quite sufficient for preferring his superintendence and authority, in this case, to those of Justices of the Peace. -Sir Samuel Romilly congratulated the House on the effect which its conversations had produced upon a former occasion; and observed, that, frequently, after having been left in a minority of six or sixteen, in the House, he had seen the object of the discussion obtained in the silent correction of the abuse complained of.

-Here is a scene developed! Here are facts to be proclaimed to the world! After expressing my sincere thanks to Sir Samuel Romilly for his conduct upon this occasion, in which I shall, I am sure, be joined by every man in England, who is not a tyrant in his nature, or who does not thrive or hope to thrive, under tyrants; and, after having begged the reader to reflect on what a character these facts are calculated to give this nation in the world; after this I proceed to offer a remark or two upon Sir Samuel's speech before I go on to the rest of the debate.He here says, (and lie speaks as a lawyer) that the magisirates have no right to meddle with the management of prisoners in county jails. This I lately said upon the reason of the thing; and I am exceedingly glad to see it confirmed by such authority. There are many reasons why magistrates should have nothing to do with the treatment of priIn the first place, they are, in many cases, judges; they pass sentence as

soners.

-I do not think this a subject of congratulation. I think it, on the contrary, a thing of which, if true, that House ought to be ashamed. What, shall a body of legislators and representatives of the people reject, at the nod of the minister, an application to redress a grievance; shall they vote almost unanimously against the request of the applicant; and shall they, when they afterwards see the minister or some of his understrappers, redress the grievance themselves; shall they look upon this as matter of congratulation? The people, indeed,

as Sir

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He was per

the sufferers in the case, and those who for, I am persuaded, the public will look have voted in such minorities upon it as a very meritorious act; and, if Samuel mentioned, might be congratulated Mr. Finnerty was the mover, upon this ocon this score; but, according to my no- casion, as he appears to have been, he has tions, the circumstance was not at all thereby acquired a new claim to the thanks calculated to do honour to the House. of the country, however impatient Mr. The only persons who attempted to Charles Adams may be to hear his name speak in justification of the conduct of Mer- pronounced accompanied with any thing in ryweather and Doctor Caley Illingworth the way of commendation.Lord Casand the other Justices, were, as appears by tlereagh spoke after Mr. Chaplin; but, I the report, MR. CHAPLIN and MR. shall notice his speech hereafter. We will ELLISON, the former of whom was, as now hear Mr. Ellison, who, it appears, is the reader will bear in mind, the person also a Colonel, and who "warmly disapwho brought in the famous Spilsby Poor-proved of the motion. House Bill, which was demolished by the "fectly willing to agree that Magistrates opposition made to it by Sir Samuel Ro- ought not to abuse the powers and authomilly and others; but principally by Sir "rities with which they were vested; but Samuel Romilly. By that Bill, certain "he would say, that he had been twentypersons to be called Directors were em- "five years an acting Magistrate of the powered to cause the poor to be flogged in county, and he had served the office of certain cases at their discretion. But, to "Sheriff, during all which period he had return to the subject before us, Mr. Chap- never known of any such abuse. He had lin and Mr.. Ellison, both Justices of the "not been an inattentive inquirer into this Peace in the county of Lincoln, opposed Sir subject; ; nay, he would even say, that he Samuel's motion for a Committee; and, as "had been since last year a most diligent I am very anxious that the public should" inquirer. He was convinced the interhave all the means of being correctly in- "ference of the House would be producformed upon every part of this subject, I "tive of no good, but, on the contrary, of will insert the whole of what these gentle-infinite mischief. The speeches which men said, as I find it stated in the report of went out of the House on the subject inthe Morning Chronicle of the 26th of June. " flamed and unsettled the minds of people "Mr. CHAPLIN said, that he was con- "throughout the country, and produced "fident that when an inquiry was gone "nothing but a spirit of discontent. He "into, the result would be favourable to "would refer it to the mind of every wise "the Gaoler and the Magistracy.-[We" man who heard him, if this motion would "endeavoured to follow the Honourable "have any tendency to allay that wild "Member, but he was quite inaudible in" spirit which was now walking about. "the gallery.]-He believed this petition" (Laugh).-With respect to the case "would never have come into the hands of" "the Honourable Member by whom it was presented, unless for the solicitation of a แ person whom he would not name. (Al"luding, we presume, to Finnerty).". But, pray, Mr. Chaplin, of what importance" was this circumstance? What signified it to the merits of the case? The question was not, how the petition came into Sir Samuel Romilly's hands; but whether the allegations in it were true. This was the question. But, one may notice here, that, if it be true, that it required the intervention of a gentleman like Mr. Finnerty to get the petition forward, there is the greater necessity for attending to it, seeing that the poor oppressed creatures are supposed to be wholly unable to get a petition forward" themselves. Mr. Chaplin ought, in jus-" tice, to have named the person who was the cause of getting the petition forward;

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mentioned by an Honourable and Learn"ed Gentleman (Mr. Brougham), what were the real facts of the case? It appeared from the evidence given by Mr. "Evans, the surgeon who attended on the unfortunate man, that he had been a hard liver, and laboured under the disease of erisypelas. The surgeon said he "left him on the night on which he died, " satisfied that from the state of mortifica"tion he was in, he would not live till "morning; and when he called in the "morning, he very naturally asked if the poor man was not yet dead. Mr. Evans "complained of the conduct of Mr. Fin"nerty, and another Gentleman, who, he said, went so far as even to threaten to strike him, when giving his evidence before the Coroner. He was sure the Ho"nourable and Learned Gentleman had "stated nothing which he did not believe;

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it appears reasonable to suppose, that an
inquiry which should shew that the allega-
tions against the Jailer and Justice Doctor.
Caley Illingworth and compeers were false;.
to me it appears, that such an inquiry, so
far from tending to do mischief, by inflam-.
ing the minds of the people, must of neces-.
sity tend to a precisely opposite effect.
I must, however, here be understood as
having in my eye a real inquiry; an in-
quiry where all the evidences shall be
called and examined; not a sham inquiry;
not a smothering inquiry; not a base cheat
under the name of an inquiry. I must be
understood as meaning an inquiry of the
former kind, and such as will, I trust, now
take place; for, otherwise, I must confess,
that the inquiry would tend to inflame the
people, and to do great mischief instead of
good.- -What Mr. Ellison may mean by

"but there was not one thing which he had "said which was not disproved by the fact. "The Honourable Member then went into the case of the Petitioner, who, he said, "had been confined, because he had dis"turbed the rest of other persons in the "gaol; and he was set at liberty on his "promising to abstain from such conduct "in future. He regretted that a Committee "was to be appointed. He would lay "claim to as much humanity and philan"thropy as the Honourable and Learned "Gentleman could possibly possess; and "it was rather unfair in that Honourable "Gentleman to suppose, that nobody was "possessed of humanity but himself. He "wished to vindicate the conduct of the "Magistrates of Lincoln from the imputa"tions which had been thrown out against "them in that House."-Now, as he wished to vindicate the conduct of the Jus-" the WILD SPIRIT which is now walktices of the Peace of Lincoln, why did he express his sorrow at the appointment of a Committee to inquire into the grounds of the petition preferred against those Justices? How is it possible to vindicate their conduct without inquiry? If, indeed, the motion had been to censure their conduct at once, a simple negation might have been enough, as a prelude to a vote against the motion; but, the motion was for inquiry, and, that being the case, to vote against the motion was, surely, not the way to accomplish the Colonel's wish of vindicating the accused parties. If it was true, that all that had been advanced would be disproved by the fact; why did Mr. Ellison wish to keep those facts from being inquired into? He says, that he has been a Justice himself in the county for many years; that he has made diligent inquiry into the treatment of prisoners in the jail; and that he has known, and does know, of no abuse. Why, then, did he so "warmly oppose inquiry?" It is not usual for the friends of the innocent to oppose their being put upon their trial. But, he says, that the interference of the House will do great mischief; that the speeches made there inflame and unsellle the minds of the people; and that he leaves it for wise men to say, whether this motion will have a tendency to allay" that wild spirit that is now walking about. -Really, Mr. Ellison, are you so afraid of the effects of a motion relative to the treatment of prisoners in the jail of Lincoln And especially when you are very sure, that all the alleged facts will be disproved. It appears to me, who, to be sure, am not a Lincoln Justice; but, to me

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"ing about," I do not know. But, if there be any wild spirit at work, is it, I would ask, likely that it should be allayed by a refusal, on the part of the House of Commons, to inquire into the grounds of so serious a complaint as that made by the petitioners in this case? Would such refusal tend to allay a wild spirit? The spi rit of which the Colonel speaks is, I suppose, a spirit in opposition to the present system of public measures; but, does the Colonel suppose, that this spirit would be rendered stronger by the parliament's listening to a petition complaining of most enormous abuses? If this be Colonel Ellison's notion, I must say that I wholly dis sent from it.—Mr. BROUGHAM followed Col. Ellison, and what he said was of great importance. The subject was an unfortunate debtor who was said to have died in Lincoln jail for want of medical assistance, owing to the door of his prison not being suffered to be unlocked. This is the case alluded to in the speech of Mr. Ellison, who, it will be perceived, contradicted what Mr. Brougham had said upon the subject on a former occasion. In answer, therefore, to Mr. Ellison, Mr. Brougham said, that "what he had said was, that an improper delay occurred in the procuring medical assistance, and that the presumption was, had no such delay "taken place, that the result might have "been more favourable, and that the proof "of the contrary was thrown on the other

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party. When Mr. Evans was before "the Coroner, he stated, that his being "called an hour sooner or later would have "made no difference;-but, before Mr

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"Evans gave this evidence, how stood the "firmed by three of the Jurors themselves, ❝ fact? He now held in his hands a do- "who, in a certificate signed by them, "cument signed by twelve respectable per"which he held in his hands, expressly sons, prisoners for debt in the Gaol of "state, they wished to bring in a verdict "Lincoln, of whom no doubt Mr. Finnerty" of "died by negligence of the gaoler; 65 was one. And here he would observe," but on its being put to them by the Cothat all that Mr. Finnerty had stated "respecting a nuisance in the Gaol was "proved in the event to be completely accurate, notwithstanding all the assertions" "to the contrary, made with so much so"lemnity by the Honourable Members for "Lincoln. It so happened, that when "they examined the sewer a great part of "it was found not to be in a perpendicular "direction, as had been stated, but to run "in a shelving manner under that part of "the prison where Mr. Finnerty was confined. Now, though he found Mr. Fin"nerty's name among this number, he was inclined to attach some credit to the "document. There were among them "several other very respectable persons, "and he would particularly mention Mr. “Drakard, of whom all that he knew re"flected the greatest honour on his cha

❝racter.

He would say of him, that he was not a seditious author, but an ho"nest and respectable tradesman, who "was punished for an article which he did not write. Another gentleman, of whom he had heard very favourably, was a Mr. Marris. It appeared from this document, that in a previous con"versation with Mr. Evans he gave a perfectly different account from that which he afterwards gave before the Coroner. "It appeared, also, that the Coroner be"haved throughout in a manner which "was completely reprehensible, and treat"ed the evidence in particular in a very "unbecoming way. The sort of persons "whom he insisted on putting on the Inquest were the workmen whom he employed about the prison. [Hear!] When "one reflected on his conduct throughout "this business it was impossible not to be "struck with the propriety of the observ"ations made by Judge Blackstone on the "great powers vested by the Constitution in this officer, and the very low hands "into which the office generally came. In "directing the Jurors to bring in their 66 verdicts, the Coroner stated that they "must either find the prisoner died by the "visitation of God, or find a verdict of "wilful murder by the gaoler. He would admit of no verdict which should state "the case as it really took place. This he was now making was con

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roner that they must either bring in a "verdict of wilful murder, or by the vi "sitation of God, they were obliged to relinquish their wish. He had several "other documents, but it was unnecessary "at present to enter upon them."After this, Sir FRANCIS BURDETT, in a speech of some length, expressed his hope, that the inquiry would be a real inquiry, and not such an one as he had witnessed upon a former occasion. There are two points belonging to this subject, which are particularly worthy of attention. Lord Castlereagh observed, that the practice of receiving such petitions ought not to be indulged, because complainants ought to resort first to all other modes of legal redress. Sir Samuel Romilly answered to this, that the Justices of the Peace, whom the petitioner would naturally apply to for protection, were charged with being accomplices with his oppressor. But, further, does Lord Castlereagh mean to say, that no one shall apply to parliament while the law offers him any mode of proceeding against his oppressor? If so, the poor man can have little chance of redress. How, for instance, was a pennyless debtor to go to law with Merryweather and Doctor Caley Illingworth? How was he to bring his action of trespass, which would, perhaps, have cost him a hundred pounds, and might not have been brought to trial for a year? In cases between man and man, to be sure, the party injured must have recourse to the law; but, this is no such case; here is an individual on one side, and, on the other, Justices of the Peace and a Jailer; that is to say, a portion of the judiciary and executive branches of the government, against which it is not to be supposed that the purse of any individual is sufficient to contend, and to protect the people against any abuse of authority in which branches is one of the first, and, indeed, the very first duty of the parliament, and especially of the Commons' House of Parliament.- -Lord Castlereagh is reported to have said, that " par"liament would place themselves in "DEGRADED situation," if they were to encourage the making of the complaints of individuals to them to the neglect of seeking legal redress.--Ah! my Lord Cas

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