"and the observations with which he had. me redress, what must be my next step? "interspersed it, he went on to state, that" The only thing I could do was, to bring "on coming to England he had represented" a serious charge against Sir Stephen "his hardships to Marquis Wellesley," Shairpe and Lord Leveson Gower, which "from whose Secretary he had received "I accordingly did, by addressing a com"the following answer:"plete statement of my case to the Privy "Council, from whom I received the fol"lowing answer Foreign Office, January 31, 1810-Sir-I am directed by the Marquis Wellesley to transmit to you the papers which you sent to this Office, accompanied by your letter of the 27th of last month, and I am to inform you, that His Majesty's Government is precluded from interfering in the support of your case, in some measure, by the circumstances of the case itself, and entirely so at the present moment, by the suspension of intercourse with the Court of St. Petersburg. I am, &c. CULLING CHARLES SMITH. "I would beg to know (he continued), "what course it was possible for me, after Co receiving this letter, to pursue? "His Majesty's Government thus refused If Council Office, Whitehall, May 16, 1810.Sir-I am directed, by the Lords of the Council, to acquaint you, that their Lordships having taken into consideration your Petition on the subject of your arrest in Russia, do not find that it is a matter in which their Lordships can, in any manner, interfere, I am, Sir, your most obedient humble servant, W. FAWKENER. 66 66 muneration which I might conceive my'Having then understood that any reself entitled to, I could only procure applied myself to several Members of through the medium of Parliament, I "Parliament, to ascertain what line of "conduct I ought to pursue, in order to obtain that desirable end. These Gen tlemen told me that I should make appli"cation to the Chancellor of the Exchequer; "thus petitioning for leave to bring in a "petition upon a subject which, being "well-founded, became a matter of right, "and not of favour. In consequence, "however, of this advice, I did write a "letter to Mr. Perceval, from whom I "received an answer, dated Downingstreet, May 27, 1810, as follows: 66 desired by Mr. Perceval to state to you, in Downing-street, May 27, 1810.Sir-I am reply to your letter of yesterday, that the time for presenting private petitions has long since passed; and that Mr. Perceval cannot encourage the House a petition, which Mr. Perceval thinks you to expect his sanction in introducing into is not of a nature for the consideration of Parliament. I am, Sir, your obedient servant, Council declined to act in the business; upon which I requested an official copy of their Lordships' decision, and was answered by the Clerk of the Council, it could not be complied with. In consequence, I renewed my_application to His Royal Highness the Prince Regent, accompanied by the enclosed Petition to the House of Commons, praying His Royal Highness, that as the affair is purely national he would be graciously pleased to direct my complaint to be laid before Parliament-to which petition I received the Answer, No. 2.-Having borne the weight of this unhappy affair ábroad, for a series of years, in a manifold way-on my return home I had the mortification to find my affairs gone to ruin my property sold up-my family distracted, and suffering in the most severe, manner by the inevitable ruinous consequences of my detention-and for the preceding two years they had not been able to ascertain whether I was alive or dead. Since my return I have not only been bereaved of a further property (bequeathed in my absence), to make good the consequences of this business, but am now considerably involved so fatal has it proved. Thus circumstanced, I trust I shall be pardoned in addressing the House of Commons, individually, in the hope that, on the behalf of material justice," some Member will do me the favour to bring forward my said just Petition-as common justice is all I solicit, and what every one will agree I ought to have, more especially as my sufferings for the last eight years have been almost too great for human nature to sustain.In soliciting your kind aid, I beg to be understood, that it is far from my intention, by this Address, to complain of any party whatever, being convinced that in no country upon earth is justice so purely administered as in this; and justice I am sure I shall have, so soon as the affair is known in the Tribunal where alone it can be taken proper cognizance of.- -With assurance that my sole wish is to obtain what is right, without prejudice to any individual, 1 have the honour to be, Sir, your very humble and obedient servant, JOHN BELLINGHAM. No. 9, New Millman-street, March 12, 1812. THOMAS BROOKSBANK. If I "I apprehend, however, that this in"formation is not founded in fact. am wrong, I see several Gentlemen "around me, connected with the House of "Commons, who will set me right. That "there is no particular time limited for. "the presentation of private petitions, and that they may be brought forward at any period of the Session, I am inclined to think the usages of the House will "permit. Petitions for private bills. I 66 am ready to allow, must be brought in "within a prescribed period; but in cases "in which petitions are presented under circumstances like mine, which arise "from unforeseen events, it is utterly im"possible to fix any precise period. The "latter clause of Mr. Perceval's Letter Whitehall, 18th Feb. 1812.- -Sir-I am directed by Mr. Secretary Ryder to acquaint you, that your Petition to his Royal Highness the mand of his Royal Highness, for the consideration Prince Regent, has been referred, by the conof the Lords of His Majesty's Most Honourable Privy Council.-I am, Sir, your most obedient humble Servant, J. BECKETT. "After this I made application to the ، Privy Council Office, and had commn"nications with Lord Chetwynd and Mr. ،، Buller, the two Clerks of that Council, ،، who informed me that I had nothing to "expect from their decision. I then apc plied to know the reason in writing, why "the Privy Council declined to act in obe"dience to the instructions of his Royal ، Highness the Prince Regent, which re"quest I was informed by Mr. Litchfield ، which states, that my claims are not of | treated in Russia. The answer I rea nature for the consideration of Parlia-"ceived was as follows:،، ment, appears to me inexplicable. If ،، they are not referred to that branch of "the Legislature, to whose consideration "then, ought they to be submitted? Yet "thus was I bandied about from man to man, and from place to place. Suppose "this had been the case with either of you, "Gentlemen' of the Jury, and that your ، sufferings had been equal to mine, what "would have been your feelings? It is the duty of every individual to ،، apply through the proper channel for re"dress, and through what other channel ought you to apply, but through the "heads of Government? Upon this occa، sion, however, those whose duty it was “ to have redressed my grievances, treated "them with indifference, and were deaf to " were deaf to « the dictates of justice. In consequence | ،، could not be complied with. "Under these ،، of this denial on the part of Mr. Perce، val, to investigate a business in which the ، national honour was concerned, I was left "at a loss how to act, or what course to pursue; I therefore returned home, and “ remained inactive " for nearly eighteen "months, when finding that I could "no ،، longer hold up against the ruinous effects "of those failures which were the conse 66 ،، quence of the injustice with which I had "been treated; every one coming upon me "for that which I was unable to pay, and my family borne down by the deepest "affliction at the distresses to which they were exposed, I found it necessary to re"new my applications, which I did to the ،، Treasury, and submit to them a Petition, ، reiterating those claims I had so unstcccessfully made before, To this application I received for answer 66 "circumstances, I communicated the whole ،، to his Royal Highness, and enclosed to ،، him a Petition to be laid before Parlia"ment. To this I, received for answer the "letter of Mr., Beckett, of 9th March, ، 1812, stating that his Royal Highness had signified no commands thereupon, and returning the Petition accordingly. "So baffled (he pursued), what could a man do? Reduced to the last extremity "of distress, without having been guilty of a single political crime which could call ،، for reprehension ? My wife and my poor children, crying for the means of existence, what alternative had I but to seek redress by some such dreadful act as that ts for which I have now to answer? His ،، Majesty's Ministers, referring me back،، wards and forwards like a shuttle-cock, "without shewing the slightest disposition even to regard my wrongs as deserving of the smallest consideration, in duty to myself, I was forced to seek justice, and "avenge my own cause. I was told I "could not get my case before Parliament "without the sanction of His Majesty's "Ministers. To General Gascoigne, for "the politeness and attention with which "I'next made application to his Royal he heard my statement, and the disposi"Highness the Prince Regent to have my tion he evinced to relieve me, were it in ( affair laid before Parliament, explaining his power, I have to express iny grati anew the disgraceful conduct of the Con- " tude. He informed me, if any of His "sul and Ambassador at Russia, who by Majesty's Ministers would sanction my suffering me to be so persecuted, had claims, and that I was able to authenti"been guilty of an act which brought eter- "cate the particulars I had related, he "nal disgrace on the country.-(Here he should be happy to meet my wishes by "read documents similar to the former," laying my Petition before the House. "and repeated all his statements respect- Supposing now that I should feel little "ing the manner in which he had been" difficulty in obtaining such sanction, and Treasury Chambers, Feb. 24, 1810.- Sir-Hav-" ing laid before the Lords Commissioners of His Majesty's Treasury your Petition of the 16th in stant, submitting a statement of losses sustained by you in Russia, and praying relief, I am commanded by their Lordships to return you the documents transmitted therewith, and to acquaint you that my Lords are not able to afford you any relief. Fam, &c. GEO. HARRISON. "states that he cannot interfere in my af"fairs, and that he had felt it his duty to "communicate the contents of my packet to the Secretary of State. Had he done 16 "satisfied that by a journey to Liverpool I "should be able to produce documents "which would fully establish the truth of every word I had uttered, I began to "hope that the goal of my long hoped-for" otherwise, he would have been extremely "wishes was now in view. I therefore "reprehensible, as events have turned out "directed a letter to Mr. Ryder, request- "so calamitously. At last, in reply to a "ing the permission I understood to be es- "letter of the 13th of April, I received a "sential to my purpose. Here, however," final and direct answer, which at once my expectations were again blasted, and "convinced me that I had no reason to "those flattering dreams of success which expect any adjustment whatever of those "had filled my mind with joy, were dashed "claims which I had on His Majesty's "for ever from my reach; and this letter "Government, for my criminal detention at once shewed me that I had no justice" in Russia. It was in these terms :— to look for. (Here he read the letter as "follows:) 66 66 66 Whitehall, 20th March, 1812.-Sir-I am directed by Mr. Secretary Ryder to acknowledge the receipt of your letter of the 17th instant, requesting permission, on the part of His Majesty's Ministers, to present your Petition to the House of Commons; and in reply I am to acquaint you, that you should address your application to the Right Hon. the Chancellor of the Exchequer. I am, Sir, your most obedient, humble servant, J. BECKETT. "At last, then, I was told I had no"thing to expect, and was forced reluc66 tantly to notice, in a more determined 66 manner, the ill treatment 1 had received. "To this end I enclosed the particulars of my case to the Magistrates of Bow-street, "with the following letter: To their Worships the Police Magistrates of the Sirs-I much regret its being my lot to have to apply to your Worships under most peculiar and novel circumstances-For the particulars of the case, I refer to the enclosed letter from Mr. Secretary Ryder, the notification from Mr. Perce val, and my petition to Parliament, together with the printed papers herewith. The affair requires no further remark, than that I consider His Majesty's Government to have completely endeavoured to close the door of justice, in declining to have, or even to permit, my grievances to be brought before Parliament for redress, which privilege is the birth-right of every individual. The purport of the present is, therefore, once more to solicit His Majesty's Ministers, through your medium, to let what is right and proper be done in my instance, which is all I re quire. Should this reasonable request be finally denied, I shall then feel justified in executing justice myself-in which case I shall be ready to argue the merits of so reluctant a measure with His Majesty's Attorney-General, wherever and whenever I may be called upon so to do.-In the hopes of averting so abhorrent but compulsive an alternative-I have the honour to be, Sirs, your very humble and obedient Servant, Whitehall, April 18, 1812.-SIR-I am directed by Mr. Secretary Ryder to acknowledge the receipt of your letter of the 13th instant, requesting to be informed in what stage your claim on His Majesty's Government for criminal detention in Russia now is.' In reply, I am to refer you to my several letters of the 18th February, 9th and 20th of March, by which you have been already informed, that your first Petition to his Royal Highness the Prince Regent, praying for remuneration, had been referred to the consideration of the Lords of Council. That, upon your second Memorial, praying his Royal Highness to give orders that the subject should be brought before Parliament, his Royal Highness had not been pleased to signity any commands. And, lastly, in answer to your application to Mr. Ryder, requesting permission on the part of His Majesty's Ministers to present your formed that your application should be addressed Petition to the House of Commons, you were into the Right Hon. the Chancellor of the Exchequer. I am, Sir, Your most obedient humble ser vant, J. BECKETT. case?-those who were regardless of "every feeling of honour and of justice, or "him who, spurred on by injury and neg"lect, and with a due notice of his inten"tions, pursued the only course likely to "lead to a satisfactory termination of calathe lowest ebb of misery!—I will now "mities which had weighed him down to only make a few observations by way of "defence. You have before you all the "particulars of this melancholy transac"tion. Believe me, Gentlemen, the sad "act has not been dictated by any personal 66 animosity to Mr. Perceval, rather than JOHN BELLINGHAM. 9, New Milman-Street, March 23, 1812. "injure whom, from private or malicious "motives, I would suffer my limbs to be "In the course of two days I called again "cut from my body.-/Here the Prisoner "at Bow-street for an answer to this letter," seemed again much agitated.) — If, "when I received a little memorandum," whenever I am called before the tribunal "in Mr. Read's writing, in which he" of God, I can appear with as clear a "terest or caprice might dictate.-What 66 66 66 "would be the purity and the impartiality "of the justice we so much boasted of?"To Government's non attendance to the " dictates of justice is solely to be attributed "the melancholy catastrophe of the unfortunate Gentleman, as any malicious intention to his injury was the most remote "from my heart. Justice, and justice only, was my object, which Government uniformly objected to grant, and the dis"tress it reduced me to, drove me to despair. In consequence, and purely for the purpose of having this singular affair legally "investigated, I gave notice at the Public "Office, Bow-street, requesting the Magistrates to acquaint His Majesty's Mi"nisters, that if they persisted in refusing "justice, or even to permit me to bring 66 66 66 66 "conscience as I now possess in regard to "the alleged charge of the wilful murder" would become of our liberties? where "of the Gentleman, the investigation of "whose death has occupied your attention, "it would be happy for me, as essentially "securing to me eternal salvation; but that "is impossible. That my arm has been "the means of his melancholy exit, I am "ready to allow. But to constitute mur"der, it must clearly and absolutely be "proved to have risen from malice prepense, and with a malicious design, as I "have no doubt the learned Judge will "shortly lay down, in explaining the law "on the subject. If such is the case, I am "guilty-if not, I look forward with con"fidence to your acquittal.That the "contrary is the case, has been most "clearly and irrefutably proved, no doubt "can rest upon your minds, as my uniform "and undeviating object has been, an en"deavour to obtain justice, according to law, for a series of the most long conti"nued and unmerited sufferings that were "ever submitted to a Court of Law, with"out having been guilty of any other crime "than an appeal for redress for a most fla"grant injury offered to my Sovereign "and my country, wherein my liberty "and property have fallen a sacrifice for "the continued period of eight years, to "the total ruin of myself and family (with "authenticated documents of the truth of "the allegations), merely because it was "Mr. Perceval's pleasure that justice should not be granted, sheltering himself "with the idea of there being no alterna“live remaining, as my petition to Parlia"ment for redress could not be brought "forward (as having a pecuniary tendency) "without the sanction of His Majesty's "Ministers, and that he was determined "to oppose, by trampling both on law and right.-Gentlemen, where a man has 66 66 so strong and so serious a criminal case to bring forward as mine has been, "the nature of which was purely national, "it is the bounden duty of Government to "attend to it, for justice is a maller of "right, and not of favour. And when a "Minister is so unprincipled and presump"tuous at any time, but especially in a "case of such urgent necessity, to set him"self above both the Sovereign and the "Laws, as has been the case with Mr. "Perceval, he must do it at his personal "risk, for, by the law, he cannot be pro-. "lecled." -Gentlemen, if this is not "fact, the mere will of a Minister would "be law, it would be this thing to-day "and the other to-morrow, as either in 66 66 66 66 66 66 66 my just petition into Parliament for re"dress, I should be under the imperious necessity of execuling justice myself, solely for the purpose of ascertaining, through a criminal court, whether His Majesty's Ministers have the power to refuse justice to a well-authenticated and "irrefutable act of oppression, committed by the Consul and Ambassador abroad, whereby my Sovereign's and Country's "honour were materially tarnished, by my person endeavouring to be made the stalking-horse of justification, to one of "the greatest insults that could be offered to the Crown. But, in order to avoid so reluctant and abhorrent an alternative, I hoped to be allowed to bring my Petition to the House of Commons--or that they would do what was right and proper themselves.On my return home from Russia, I brought most serious charges to the Privy Council, both against Sir Stephen Shairpe and Lord G. L. Gower, when the affair was determined to be purely national, and consequently it was the duty of His Majesty's Misisters to arraign it by acting on the resolution of the Council. Suppose, "for instance, the charge I brought could "have been proved to be erroneous, should 46 66 same time I was told by a Mr. Hill, he "Crown case, after years of sufferings, I "thought it would be useless my making" have been called upon to sacrifice all "further application to Government, and "iny property, and the welfare of my "that I was at full liberty to take such" family, to bolster up the iniquities of measures as I thought proper for redress." the Crown; and then am prosecuted for -Mr. Beekett, the Under Secretary of" my life, because I have taken the only 66 State, confirmed the same, adding, that" possible alternative to bring the affair to "Mr. Perceval had been consulted, and a public investigation, for the purpose "could not allow my petition to come for- "of being enabled to return to the bosom "ward. Thus, by a direct refusal of jus-" of my family with some degree of com"tice, with a carte blanche, to act in "fort and honour. Every man within the "whatever manner I thought proper, were "sound of my voice must feel for my situ"the sole causes of the fatal catastrophe "ation; but by you, Gentlemen of the " and they have now to reflect on their own "Jury, it must be felt in a peculiar degree, "impure conduct for what has happened." who are husbands and fathers, and can It is a melancholy fact, that the "fancy yourselves in my situation.—I trust 66 warping of justice, including all the va- "that this serious lesson will operate as a "rious ramifications in which it operates," warning to all future Ministers, and ❝occasions more misery in the world, in a "lead them to do the thing that is right, "moral sense, than all the acts of God in" as an unerring rule of conduct; for, if "a physical one, with which he punishes" the superior classes were more correct in "mankind for their transgressions; a con- "their proceedings, the extensive ramifi"firmation of which, the single, but strong" cations of evil would, in a great mea"instance before you, is one remarkable" sure, be hemmed up-and a notable "proof.If a poor unfortunate man stops" proof of the fact is, that this Court would "another upon the highway, and robs him" never have been troubled with the case "of a few shillings, he may be called upon" before it, had their conduct been guided "to forfeit his life. But I have been rob- by these principles.—I have now oc"bed of my liberty for years, ill-treated "cupied the attention of the Court for a beyond precedent, torn from my wife period much longer than I intended; "and family, bereaved of all my property yet, I trust, they will consider the aw"to make good the consequences of such "fulness of my situation to be a sufficient "irregularities; deprived and bereaved of" ground for a trespass, which, under "every thing that makes life valuable, and "other circumstances, would be inexcu"then called upon to forfeit it, because" sable. Sooner than suffer what I have "Mr. Perceval has been pleased to pa- "suffered for the last eight years, howtronise iniquity that ought to have been" ever, I should consider five hundred "punished, for the sake of a vote or two "deaths, if it were possible for human na"in the House of Commons, with, per- "ture to endure them, a fate far more "haps, a similar good turn elsewhere.- preferable. Lost so long to all the en"Is there, Gentlemen, any comparison" dearments of my family, bereaved of all "between the enormity of these two of the blessings of life, and deprived of its "fenders? No more than a mite to a greatest sweet, liberty, as the weary tra"mountain. Yet the one is carried to the "veller who has long been pelted by the "gallows, while the other stalks in secu- "pitiless storm welcomes the much-de"rily, fancying himself beyond the reach" sired inn, I shall receive death as the "of law or justice: the most honest man "relief of all my sorrows. I shall not "suffers, while the other goes forward in" occupy your attention longer; but relying "triumph to new and more extended enor- "on the justice of God, and submitting "milies.- --We have had a recent and" myself to the dictates of your conscience, "striking instance of some unfortunate" I submit to the fiat of my fate, firmly "men, who have been called upon to pay anticipating an acquittal from a charge their lives as the forfeit of their allegiance," so abhorrent to every feeling of my soul." "in endeavouring to mitigate the rigours "of a prison.-(Alluding to the recent "Trials for High Treason, at Horsemon"ger-lane).-But, Gentlemen, where is "the proportion between the crimes for "which they suffered, and what Govern"ment has been guilty of in withholding "its protection from me? Even in a 66 After the defence, was closed, the Judge, Sir James Mansfield, summed up the evidence, and gave his charge to the Jury, who, in about ten minutes, brought in a verdict of guilly. The Recorder of London then proceeded, in a manner the most solemn that can be imagined, to pass the |