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Lord Folkestone also presented a petition from Samuel Haynes of Nottingham; setting forth,

deliberately wilful and false oath of an | thought he should soon be brought behired spy, they were committed to Lan- fore some tribunal of justice where he caster, being 38 in number, most of them would have proved his innocence as clear heads and fathers of families, and there as the noon-day sun: but on the Monday stood a fourteen-hours' trial, on an igno- following, Mr. Atkins, keeper of Coldminious but groundless charge; and, al- bath-fields prison, informed the petitioner though acquitted, the petitioner was that he was to be sent to Lincoln-castle; thereby separated from his family twelve when the petitioner with two other state weeks, and also his affairs completely de- prisoners arrived at Lincoln-castle, the ranged; that the petitioner, therefore, ear- petitioner with his two fellow prisoners nestly prays, that the House will take his was ordered to strip, and was strictly case into their serious and candid consi- searched by the turnkey; the turnkey deration, and not only refuse to pass the took the petitioner's watch, though not Indemnity Bill, but bring those ministers without the petitioner remonstrating with and magistrates to justice who have so him at such an arbitrary proceeding: the wantonly and cruelly violated the liberties petitioner was, with his two unfortunate feland privileges of Englishmen in the per- low-prisoners, put in a dismal-looking little son of the petitioner.' habitation; the petitioner and his two fellow prisoners gave the turnkey some money to get some bread and cheese and some beer; when the petitioner with his two fellow prisoners had got their bread and cheese and beer, and had just began to eat, the gaoler came in and said, the petitioner and his fellow prisoners must be separated immediately; the petitioner intreated the gaoler to let him and his unfortunate companions be together for half an hour while they partook of their refreshment; but no, the bread and cheese was pulled in three pieces and divided with the beer, while the petitioner with his two unfortunate companions gazed on each other with wonder and astonishment, and was instantly separated in three dreary apartments, and as it seemed then never to behold each other any more; what the petitioner felt at such merciless treatment the House can better conceive than he can describe to them; night soon came on, and the petitioner was taken from his dreary habitation to a cell to sleep; having passed a melancholy and sleepless night, the next morning the petitioner was taken to his daily den of misery again; the petitioner being in a bad state of health soon feltthe pernicious effects of close and solitary imprisonment, for in five or six weeks he was reduced to a mere skeleton; it was then he began to contemplate his wretched situation, and could then perceive that lord Sidmouth's promise concerning a trial was a mere delusion; in that dreary habitation that the petitioner had to pass away his murdered hours by day in cruel solitude, there was nothing but a wooden block to sit on; the petitioner's debility had so increased that he became so weak he could not sit up, and he asked several times for a chair, but

"That the petitioner was on Thursday morning June 13th, 1817, without any provocation on his part, taken out of a bed of sickness, handcuffed and guarded to a prison, and locked up in a dreary damp and gloomy cell; what then must have been the surprise and astonishment of the petitioner when he was locked up in such a horrible den of misery and in a bad state of health, when at the same time he was conscious he had never done an injury to any man: on the Saturday following it was communicated to the petitioner that he was to go to London: the petitioner civilly asked when and what for, but received no answer, but on Saturday afternoon a chaise came to the prison door, when the prisoner was fetched out of his den of misery, and chained hand and foot to a person of the name of Francis Ward, and was conveyed to London to lord Sidmouth's office, when his lordship rose and addressed the prisoner in nearly the following words: 'You, Sa'muel Haynes, are brought here, charged ' upon oath of high treason; you will be taken from here into close confinement, ' and there kept till you are delivered by 'a due course of law, and you will have 'due notice to prepare for your trial, and 'you will have the names of evidence ' against you, &c: and if you have got 'any thing to say we will hear you;" the petitioner told his lordship he had nothing to say, for he knew nothing about any body's business but his own; his lordship then sat down, and the petitioner retired with a heart that leaped with gladness, for he fondly though vainly

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sideration; the petitioner seeks not the punishment of his oppressors, though he has been distressed and brought to indigence by them, but he appeals to the humanity and protection of the House, to redress his injuries in being so wrongfully, and cruelly persecuted; but if there are any members in the House who have a doubt on their minds as to the truth of this petition, then the petitioner most earnestly implores them to hear him at the bar of the House, as he is ready to prove every assertion contained in this petition." Ordered to lie on the table.

SECRET COMMITTEE ON THE STATE OF THE NATION BALLOTTED FOR.] Lord Castlereagh moved the order of the day for the balloting for the Secret Committee, to which the papers on the internal state of the country were to be referred.

be named who was not in the habit of attending the House, and on whose attendance in the committee they might therefore calculate.

he might as well have asked the winds for a chair; so the petitioner contrived to put his block in a corner of his den, and prop himself between the two walls; the petitioner requests the serious attention of the House to this point; now let them fancy for a moment they are peeping into the dismal habitation of the petitioner in Lincoln-castle, there beholding a poor forlorn and helpless fellow creature, brooding over his misfortunes in gloomy solitude; ah! cruel remembrance: the petitioner when in this deplorable situation, his death being daily expected, wrote a letter to lord Sidmouth, intreating his lordship to let his wife come and see him before he died, and at the same time solemnly declared his innocence to lord Sidmouth, and told his lordship, that that base charge that he charged him with would never be proved against him, no, neither on earth nor in Heaven; in a few days after the petitioner was liberated, Mr. Tierney said, that in ballotting for and when he came home his ghastly ap- the Secret committee, they would have pearance quite shocked his family and very little trouble, as the lists were all friends, and they all thought then that prepared by ministers themselves. He before this time he would have been sleep-hoped, however, that no gentleman would ing in his grave; the petitioner has sent this petition to the House for their consideration, whether he must bear with such an outrageous, cruel, and unprovoked attack on his person, as to be savagely dragged out of his bed in the dead of the night, and sent to a prison from a comfortable home, from a wife and six helpless and unprotected children, in this our boasted land of liberty and christianity: and the petitioner humbly requests leave to state to the House, that he views with regret the conduct of his oppressors, men who pretend to be true followers in the faith of Him who expired on the cross in bitter agony by cruel torture on Mount Calvary; but whatever their pretensions may be to Christianity, could they have a Christian feeling when they coolly and deliberately ordered a fellow creature into solitary imprisonment, there to remain day after day and week after week, in a bad state of health, as was the case of the petitioner, though in that deplorable state, pent up in a miserable dungeon, and de- Sir M. W. Ridley remarked, that his prived of the dearest privilege of society noble friend, lord George Cavendish, was and the felicity of friendship; under all at a considerable distance from town, and this oppression the petitioner must con- under such circumstances made it imposfess that he had some pleasing reflections sible for him to attend. He wished to in contemplating his own innocence, trust-know whether there would be any objecing that a time would come when he would tion felt to the nomination of Mr. Tierney be at liberty to lay his case before the in his place. House for their humane and serious con

The clerk proceeded in the usual way to call over the names of members alphabetically. The first ministerial members who came forward with their lists were cheered by the opposition members. The opposition members did not present any lists. The names of the members having been twice called over, scrutineers were appointed, who afterwards reported the names of the members chosen to be the Secret Committee; viz. Lord Milton, lord G. Cavendish, Mr. W. Wynn, lord Castlereagh, lord Lascelles, Mr. Bathurst, Mr. Lambe, sir Arthur Piggott, sir W. Scott, sir John Nicholl, Mr. Solicitor General, Mr. Attorney General, Mr. Canning, Mr. Yorke, Mr. Egerton, Mr. Wilberforce, Mr. Bootle Wilbraham, Mr. W. Dundas, Mr. Peel, sir W. Curtis, and admiral Frank.

Lord Castlereagh apprehended that this

would be a proceeding perfectly inconsistent with the nature of a committee chosen by ballot.. The noble lord, whose absence he regretted, was in every point of view a most proper person to be on the committee, and as such had been elected.

Upon the mention of lord Castlereagh's

name,

Mr. Brougham rose, and disclaiming any thing invidious, protested against the attempt to constitute the noble lord a judge upon this question, whether the noble lord himself and his colleagues had behaved improperly towards individuals, who had perhaps already commenced actions against ministers, for depriving them of liberty, and stigmatizing their characters.

Lord Castlereagh observed, that if the proposition of the learned gentleman were admitted, namely, that because he was a minister, he ought not to become a member of this committee, he wished to know to what functions he was competent in that House? For were he precluded from giving an opinion, or promoting an inquiry, upon any question in which the administration of the government was concerned, he hardly knew what business he could have to transact in parliament.

Mr. Brougham referred to the noble lord's objection to the proposition for substituting another name for that of lord G. Cavendish, and asked how the House would proceed, in case persons were chosen by ballot to any committee who could not possibly attend? The House would, in such a case, no doubt, help itself out of the difficulty, by renewing the ballot; and as to nomination, he called to the recollection of the House, that the last committee of last session was chosen by nomination, and not by ballot. So much for precedent. But to return to the selection of a person by ballot, who was physically incapable of attendance, it appeared that pro tanto, such was the situation of Lord G. Cavendish. The attendance of the noble lord was, no doubt, peculiarly desirable, not only from his personal character, but from his acquaintance with the transactions in Derbyshire. But the noble lord, it appeared, could not attend; and was the committee to have no one in his place. Sir Arthur Piggott also was among the names returned; but it would be remembered, that his learned friend, when chosen upon the committee

of last session, declared his unwillingness and inability to attend. It was probable, therefore, that his learned friend would be equally unwilling and unable to attend upon the present occasion. Possibly that was calculated upon. Thus it appeared, that two of those members, who might be regarded as impartial, and whose names were inserted in the ministerial list, were likely to be absent from this committee, while the noble lord, with two other cabinet ministers, and the attorney and solicitor generals were sure to be present. How, then, was the country to regard this committee? They saw it composed of the very persons who were mixed in the transactions with respect to which it was appointed to inquire. Yet such was the committee on whose verdict the House would be called upon to legislate. Such was the committee that would no doubt recommend an act of indemnity to shelter ministers from any responsibility for the exercise of the powers with which they were invested by the suspension of the Habeas Corpus act. What a spectacle for the country, that a committee composed, by far the most part of ministers and ministerial adherents, should be appointed to decide upon the question, whether persons imprisoned by order of ministers should have their right of action at law-whether, for instance, such persons as the Messrs. Evans, Mr. Cliff, and others, who had already, he understood, commenced proceedings against ministers, should have an opportunity of seeking legal redress and vindicating their character, or whether all their proceedings should be quashed, while they themselves should be condemned to pay all the costs they had incurred!

Mr. Wilberforce thought it desirable, if any member returned upon the ballot was unable to attend, that another should be substituted for him, if such substitution could be made consistently with the usages of the House. To the principle of ballot he declared himself an advocate, because it afforded the best chance of escaping the influence of party, and of producing a fair selection. But even upon ballot, there must be some previous understanding in the House as to who were to be chosen, for otherwise the votes of many members must be entirely thrown away.

The Speaker stated, that with respect to the proposition for the substitution of one name for another, he believed there

would be found no precedent on the Journals of the House; indeed, that single and individual circumstance of putting one name in the room of another would be, in a manner, jumping over several of the principal orders; and first, that one, that the committee be appointed by ballot. Now, he submitted, that if one name was substituted for another, that would not be done by ballot. He was only stating to the House what he thought was the practice, and, in making such a statement, he thought he was only doing his duty. He could not find any trace of such having been the practice. He did not perceive that any member had been left out, except it was by absolute parliamentary disqualification, a physical impossibility of attendance. As to any other disqualification of attendance, there was, as far as his knowledge extended, no account of any case having arisen.

committee, he might have scratched out the names, without its being suspected who made the alteration.

Mr. Canning said, that if it were necessary to take any step with respect to the list, there was one obvious course for the House to adopt. They could insist that any member, not prevented by a physical impossibility, should do his duty. For his own part, he should protest against the adoption of any other step.

The Speaker quoted the case of sir Joseph Jekyll, who was chosen by ballot to serve on a committee. An objection was made to his appointment, on the ground that he had not taken the usual oaths at the clerk's table, but the House, on a division, decided that he was qualified, and refused to substitute another name.

Sir W. Burroughs maintained, that there might be a parliamentary disqualification to exclude a member from serving on such a committee. The case of the noble lord was one of those; there could be no reason why he should sit as judge of his own acts. The precedent just alluded to established this principle, that the House might review the ballot, in order to correct its own proceeding where it might be wrong. He begged to remind the House of the motion made by the noble lord yesterday, which determined that the committee should consist of 21 members. Suppose, then, that lord G. Cavendish could not attend, would not that vote be defeated? Suppose air A. Piggott was also to absent himself, could it be said that the House was not competent to supply his place? In the last session, the name of the present solicitorgeneral was added to the committee. It would be desirable to know whether lord G. Cavendish was absent at the time he was nominated, or whether he had since left town. Perhaps the best course they could adopt, under the circumstances, would be to postpone the meeting of the committee until the noble lord could be personally present, as there was no urgent necessity for their meeting immediately. He trusted some steps would be taken to remedy so great an abuse as the appointment of a committee by ballot, which was the worst mode that could be

Mr. Calcraft thought, that without contradicting the orders of the House, it might be regular to fill up the places of the persons who it was supposed, would not attend. He wished to say a word or two with regard to the appointment of a committee by ballot. Of that method he could safely say, that the influence of ministers by means of it was greater than by any other mode. He had himself been a scrutineer upon the appointment of this committee by that method. He did not suppose there was any thing secret in what he was saying, but if there was he would not proceed. [Cries of No! no.] He had not been sworn when he was appointed a scrutineer. There were, upon this occasion, 103 persons who had put lists into the glass, and amongst those there were 97 not only identically the same, but in the same hand-writing. Whose hand it was, or whence the lists came, he would not presume to offer a conjecture. But if his hon. friend had considered for a moment, he was persuaded he would have inferred, that the quarter whence they came was not very doubtful. He thought some steps might be taken to supply the places of those gentlemen who would not attend, though he should be the last man to propose any member in the place of his noble friend; for he thought he was one of the best persons in that House to become a mem-employed. Had they been elected by ber of such a committee.

Mr. Wilberforce said, that if any member who had a list given him, thought any one was not a fit person for such a

nomination, the choice would then have been made from the members who were present, and the inconvenience now experienced would have been avoided..

Sir M. W. Ridley begged to assure the House, that the absence of lord G. Cavendish was by no means voluntary. It was certainly not his own wish, but a real necessity that compelled his ab

sence.

It was then ordered, that the committee have power to send for persons, papers, and records.

COMMITTEE OF WAYS AND MEANS -EXCHEQUER BILLS.] The House having resolved itself into a Committee of Ways and Means,

The Chancellor of the Exchequer said, he had already informed the House that it was not his intention to propose, at this early period of the session, the grant of any other sums than the taxes which the House had been in the habit of granting from year to year, for a great length of time back, and a grant of Exchequer Bills to replace other Exchequer Bills now outstanding. The House would recollect, that in a committee of supply, they had lately voted 24 millions to make good exchequer bills issued last session, and outstanding and unprovided for; nine millions to make good other exchequer bills, also issued last session, and outstanding and unprovided for: and six millions to pay off the loan of the Bank to the government in 1816. He should now, however, merely propose the grant of the land and malt tax, and an issue of 30 millions to replace the above 24 millions of outstanding exchequer bills, and to pay off the loan from the Bank in 1816, of six millions. It would not be necessary to trouble them with any other vote till a later period of the session, when all the different services would be before the House. He concluded with moving resolutions to the above effect.

Mr. Tierney said, it was desirable to know whether the 30 millions would be enough to cover the expenses of the public service, so that no farther application for money would be required before Eas

ter.

With respect to the amount for exchequer-bills, it was for services voted, and for other purposes. Bills outstanding and unprovided for were to be paid off; but if such bills came in, he wished to know whether they would absorb the sum proposed. Would the grant, when added to the land and malt be found sufficient for the purpose?

The Chancellor of the Exchequer understood the question of the right hon. gen

tleman, but it was difficult and scarcely possible to give a precise answer. He could not exactly state what amount of exchequer bills might come in. They were liable to be paid off in four months.

Mr. Tierney wished to know whether it was intended to pay off the loan from the Bank in money, or with exchequer bills? The Bank would be precisely as they were now if they took exchequer bills. There was not any difference as to what the public derived from the Bank. The public gained merely by the difference between four per cent interest and the rate of interest on the exchequer bills. He was happy to see an hon. gentleman connected with the Bank in his place. He wished to inform him and the House, that from that day forward his object would be, to endeavour to ascertain what particular steps the Bank was taking to enable it to resume payments in cash. He was to presume this fact, that for any thing the Bank knew, cash payments might be resumed at the time specified in the act of parliament. Now, it appeared that no step had been taken for this purpose, but one, a very material one no doubt-the preparing themselves with gold. But if this was brought about by increased issues, then he denied that any preparation at all was made. observed a smile upon the countenance of a number of gentlemen, some of them not very remarkable for their attention to, or knowledge of, financial subjects. The smile of these gentlemen seemed to say

He

-What better preparation can you have than gold? He would tell them a much better-a reduction of the issues. This was the only thing that would look like sincerity on the part of the Bank. With respect to the payment of the Bank loan, if it was in exchequer bills, the only change would be a reduction of interest. Of this reduction he was still glad; but nothing would be done to enable the Bank to resume its payments, if it took payment in exchequer bills. He wished to ask, whether any arrangement had been come to with the Bank, as to the mode of payment? He had a high opinion of the honour and character of the Bank. The first effect of the payment in money would be the Bank's not reissuing the notes paid in. But if the payment was to be in exchequer bills, the Bank could not draw in its issues. If the debt to the Bank were paid, it would always be in the power of the Bank to

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