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Commons Chamber

Volume 23: debated on Thursday 2 July 1812

House of Commons

Thursday, July 2, 1812.

Leather Tax

The Report of the Committee of Ways and Means was brought up, and the Resolutions agreed to.

took that opportunity of asking the right hon. the Chancellor of the Exchequer, whether it was his intention to press the additional duty on Leather, after it had been agreed to only by a majority of eight members?

answered, that the House having agreed to the measure, it remained with the other branches of the legislature, to deal with it as they might think proper.

Address Respecting Mary-le-bone Park

rose, in pursuance of his notice, to move for certain papers respecting the expenditure which had hitherto been made in the improvements of this Park. He observed that the crown lands now formed into the park in question consisted of 550 acres, the leases of which expired last year, and as the produce of this park was likely to form a considerable portion of the public revenue, he deemed it extremely essential that the House should be put in possession of every information which could, in any way, tend to shew them that due exertions had been made in the disposition of these lands, to consult the interests of the country, and the increase of its revenue. By an act now in existence, it was stipulated that the surveyor of crown lands should, at the expiration of every three years, and within thirty (lays of the meeting of parliament, make a return of such improvements or alterations as he might, in the execution of his duty have thought proper to make, and this with the obvious intent of shewing to parliament how far that course had been pursued, which might be considered most conducive to the public benefit. The present surveyor, however, (lord Glenbervie) had not yet thought it proper to submit this return; and when he (Mr. Creevey) on a former night made some allusions to the necessity of the act being complied with, it was thought that he was asking something unreasonable, and that in calling for a fulfilment of a public act of the legislature, he was demanding that which was by no means necessary or usual. Without this return he felt himself totally at a loss to comprehend what were the plans of the surveyor, or how far his arrangements might be consistent with the feelings and wishes of the country: and in this state of ignorance he felt it his duty to move for such papers, as might in some, though in a small degree, throw a slight gleam of light upon the subject. According to his idea of what was right, he conceived that, in the disposition of the crown lands in Mary-le-bone, three objects should be considered: first, an increase of the public revenue; next, the convenience and advantage of his Majesty's subjects; and, lastly, the ornament which these lands might be made to the environs of the metropolis. How far these objects were likely to be effected, he was totally at a loss to conceive, from the absence of the report of the surveyor. He had, however, taken a survey of the park himself, and all he had been able to discover was a gravel walk and copious plantations of boards, within which was a notice, forbidding all persons from trespressing therein upon pain of prosecution, at the suit of a Mr. Nash, who he understood to be an architect, and who had thus constituted himself the commander in chief of the spot. Thus, therefore, was he deterred from all further investigation, and, in consequence, he felt it his duty to call the attention of the House and of the country to the consideration of those important concerns. The House had heard much of a celebrated canal, which was called the Regent's Canal, but which, he contended, would more properly be called lord Glenbervie's and Mr. Nash's canal, for the former had a share in it to the amount of 3,500l, and the latter to 10,000l. This canal, he understood, was to pass through the park, and, as Mr. Nash had stated in his prospectus, was likely Coproduce to the subscribers a profit of 11 per cent. This was a circumstance which he conceived totally disqualified the noble lord for the situation of surveyor of the park, as he could never accede to the principle of making a man a public servant, whose own interests were as much concerned in the object he had to carry into effect as those of the public, whom he was to serve. In this situation he viewed lord Glenbervie; for the noble lord had not alone a share in the canal, but had also some part of the land which was to be disposed of—The hon. gentleman having then adverted to the good effects which resulted from his having called the attention of the House to a plan which was formerly in contemplation of erecting houses on part of Hyde Park, a plan which he had reason to believe had been abandoned, from the fact of its having been brought under public notice, concluded by moving, "That an humble Address be presented to his royal highness the Prince Regent, that he will be graciously pleased to give directions, that there be laid before this House, an account of all sums of money expended upon the crown lands in Mary-le-bone Park from the expiration of the lease in the same in the year 1811 to the present time."

could not help admiring the ingenuity of the hon. gentleman in submitting to the House at the end of the session, motions upon subjects of which he professed himself totally ignorant. He was satisfied that the hon. gentleman could have no view in the motion which be had now made, but that of calumniating the character of one of the most zealous and faithful servants that had ever been engaged in the public service; and in this opinion he was strongly confirmed, from the knowledge which that hon. gentleman must have, that no information could be given him of the description he required, by the production of the accounts for which he had moved; accounts which he (Mr. W) had not the slightest objection to produce. With respect to the remark of the hon. gentleman, that Mr. Nash had constituted himself the commander in chief of the district, he could only answer, that Mr. Nash was a most eminent surveyor, and that being employed in that character by the Board of Woods and Forests, it became him to use all those means of preserving the property entrusted to his care that were usual on such occasions. Had the nerves of the hon. gentleman been less sensitive, and had he not been frightened by a few boards, but extended his walk a little farther, he would have soon seen that great improvements had been made, and that those improvements were likely to become still more extensive. As to the observation that the canal which had been alluded to ought more properly to be called lord Glenbervie's Canal than the Regent's Canal, he begged to state, that the term Regent's Canal was given it from compliment to his Royal Highness, and not from any share which his Royal Highness had in its construction; and as to its being called lord Glenbervie's Canal, it had no more right to be called after him than after any other person who was a subscriber to the amount of 10,000l.; which, when compared with the whole expence of the canal, namely 280,000l. could scarcely be deemed a sufficient claim for such a distinction. He was happy to find that he and the hon. gentleman agreed as to the course which ought to be pursued in the formation of the proposed park. The hon. gentleman had said that the three points which ought to be considered were, first, the increase of the public revenue; next, the laying out part of it for the public amusement; and, last, the rendering it an ornament to the environs of the metropolis. These points had happily been studiously consulted, and the hon. gentleman would find, upon reading the Report, that upon these grounds the whole of the improvements had been planned. The hon. gentleman next entered into a defence of the particular course pursued by lord Glenbervie, as the surveyor, and adduced a variety of instances, in which it appeared that every arrangement made by that noble lord had been dictated by the most conscientious disposition to promote the interests of the public. By his plans for the construction of Mary-le-bone park the increase of the landed revenue of the crown would exceed 30,000l. In conclusion, the hon. gentleman deprecated, in the most marked manner, the disposition which had been so frequently evinced in the House, to hold up the character and conduct of the public servants to obloquy and contempt. Such unworthy, as well as illiberal proceedings, could have no other effect than to create a tendency to revolution, and the feeling of discontent in the public breast, which for the sake of the peace, the happiness, and the prosperity of the country, it was most essential to avoid.

denied that he was actuated by any wish to promote public discontent, or to create a disposition to revolt; if such a disposition did exist, it was ascribable more to the conduct of his Majesty's ministers, than to any thing which he could say. All he meant to contend was, that lord Glenbervie, having a private interest in the plan which he was conducting in Mary-le-bone park, he was unfit to be appointed the public surveyor.

The Address was then agreed to.

Bristol Election—Samuel Fletcher's Petition

rose, for the purpose of putting two questions to the hon. gentleman on the other side of the House, the latter of which he considered of peculiar importance. He wished to be informed, first, whether any steps had been taken by his Majesty's government respecting a Petition which he had presented some time since from a person of the name of Fletcher, in which the petitioner complained of having been ruined by the conduct of some excise officers, and into which some enquiry was promised to be made? An hon. gentleman opposite had just attributed to his hon. friend a disposition to excite revolution: now, in his opinion, a revolution had already taken place—a circumstance which was sufficiently manifest from very recent proceedings: he alluded to the disturbances at Bristol. In his judgment, where the military were called out, and where the troops were ordered to fire upon the people, and death ensued—those who had given such orders were as much guilty of murder as if they had coolly and deliberately committed the crime with their own hands. This was a principle which was founded as well on the laws of God as of man, and he should not be afraid to meet any lawyer upon the question, if the House felt disposed to enter into the discussion.

interrupted the hon. baronet by enquiring what notice he intended to give, as it was not the practice of the House to allow any argument on the mere giving notice of a motion, since that argument would in all probability lead to a reply, and that reply to discussion.

answered, that he did not wish at that time to debate the matter, although, if he had chosen it he could easily have put what he had to observe into a shape which would even now allow him to enter into a discussion. The question he had to propose was, whether ministers were aware that soldiers presided over the poll, or had possession of the place where the poll was taken for the election at Bristol?

said, that with respect to the first enquiry, he could afford some satisfaction; he had examined the papers in his office with regard to the case of Fletcher, and found that they contained a complete refutation of all the statements made in the petition. If the hon. baronet should persist in a motion on the subject, he would move for those documents.

gave notice, that he should to-morrow submit a motion to the House upon the subject.

was not in the House at the time the hon. baronet proposed his first question; but he afterwards entered and said, that he could state, if it were any satisfaction to the hon. baronet, that as was usual in all places where any election was to be holden, he had issued orders that the troops in Bristol should be marched out of the town the day before the election commenced, and that they should not return until the day after the poll had terminated. In consequence of these directions the military had been removed, but this morning his lordship had received a letter from general Oswald, commanding that district, informing him that in pursuance of a requisition signed by the mayor of Bristol and several magistrates of Gloucestershire, he had marched the East Middlesex regiment of militia into the immediate vicinity of Bristol; but the commander added, "that he had deemed it inexpedient to quarter them within the city, and had therefore procured billets for a portion of the corps in the suburbs, and other convenient situations out of Bristol." Perhaps the hon. baronet might have more recent intelligence on the subject, but if it was true that the military were actually within the limits of the city, such a step could only have been occasioned by some tumultuary proceedings by the populace which required their interference. Government, however, had received no intelligence that the troops were within the city of Bristol.

Report on the Management of Lincoln Castle

presented the Report of the Committee appointed to enquire into the circumstances attending the complaints which had been submitted to the House, respecting this prison.—The Report was then read; it stated,

"That the Committee, in the course of the enquiry in which they had been en- gaged, had found that it would be necessary to call before them witnesses who were on the spot during the transactions which were more particularly the objects of their investigation. Upon taking this point into their consideration, however, although they felt that they had the power to call for whom they might think proper, they entertained some doubts whether the warrant they might issue to the sheriff, directing him to bring up the bodies of the persons under his charge, would be a sufficient instrument to protect him against actions of escape. In this dilemma, they felt themselves unable to proceed, and had judged it right to suspend all further proceedings, until they could obtain advice and assistance from the House."

, after having re-stated the difficulties under which the committee laboured, declared it to be his opinion, that from the magnitude of the task confided to them, it would be impossible for them, at the present advanced state of the session, to entertain any hope of bringing their enquiries to a conclusion, before the prorogation of parliament: as the most prudent course to adopt under these circumstances, therefore, he begged leave to move, That the Report be laid on the table with an understanding, that it should be taken into consideration at a future period.

said, that no doubt as to the power of the House could be entertained. The House never could endure that their right to call for whom they might think proper should be questloned; it was a right which had at all times been exercised, and which had never been disputed.

was extremely desirous for prudential motives, that the powers of the House should not be again brought before the Court of King's bench, and from thence, carried by appeal before the House of Lords. This observation, he begged to assure the House, did not arise from any disposition on his part to question this power, which he admitted in its fullest sense, but from a conviction on his mind that some doubts were entertained by the Court of King's-bench as to the validity of the precept of the House. This conviction arose out of a case reported in East's Reports, by which it appeared that a person named sir Edward Price was, in consequence of an action which had been brought against him in the Court of King's bench, for an assault, imprisoned in Ilcheater gaol. In addition to the punish- ment of incarceration, he was sentenced to pay a fine, and to remain in prison until that fine was paid. It so happened, that about that period the election of sir W. Manners took place at Ilchester, which afterwards became a subject of contest in the House of Commons, and was referred to a committee. Before this committee it was found necessary to summon sir Edward Price, and the committee issued their warrant to the sheriff of the county, directing him to bring up the body. The party who applied for this warrant, however, doubting whether such an instrument would be a sufficient indemnification to the sheriff, applied to the Court of King's-bench for an Habeas Corpus, and from the manner in which the Court acted on that occasion it was that he conceived some doubts were entertained of the power of the House of Commons. The rule was served upon the Attorney-General, upon the Gaoler, upon the Sheriff, and upon one Thomas King, at whose suit only the prisoner was then detained upon a civil process, upon an application to make the rule absolute for the grant of the Habeas Corpus, upon the ground of an affidavit of service, and of no cause being shewn. The Court particularly asked whether any cause was shewn or not, when Mr. Nolan, who was counsel for King, answered in the negative; and then, and then only, was the rule made absolute. From which circumstance it was manifest that the Court was not disposed to grant the motion, but with the consent of the private parties interested; and therefore it might be inferred, that it did not implicitly admit the power assumed by the House of Commons. This was the only case he had been able to find in the books applicable to the question now before the House, and as it implied a doubt as to the power of the House, he thought it was of great importance that the point should be clearly and definitively settled. In conclusion, the hon. and learned gentleman suggested for the present the expediency of examining the necessary witnesses by a special commission, which he said would answer all purposes, and would prevent that delay which there was every reason for wishing to avoid.

conceived that the course adopted by the committee had placed the House in a very difficult situation: it was, in fact, throwing a doubt upon that power which had hitherto remained unquestioned. He was at a loss what line of conduct to suggest, but certainly thought the right of the House, to send for whom they might think proper, ought not to remain a matter of dispute.

said, the House had never tolerated a doubt of their power to exact the attendance of any individual whatever. It was with great unwillingness that he suggested the propriety of the Report being referred back to the committee; but as they had thought fit to state a doubt of the power of the House, he conceived that to be the only line which could now be followed.

wished to be informed, whether it was consistent with the practice of the House that the Report, under the circumstances of its introduction, should be re-committed?

said, it would be for the good sense of the House to consider whether, in the present instance, the Report should be re-committed or not. As to the propriety of such a proceeding, there could be no doubt, as the practice of re-commitment was followed every day.

doubted whether or no the order of the House was a sufficient bar to the actions to which the sheriff might be liable for bringing up his prisoners, and which, in terms of law, might be construed as an escape. He knew the law of the land, but nothing of what was pretended to be the law of parliament, and wished for some information from the numerous legal characters who were members of that House. The hon. bart. did not think it fair to place thus the sheriff between the anvil and the hammer, that was, between the dread of incurring the displeasure of the House, or of being liable to civil actions. As, however, an inspection of the spot seemed necessary, he should prefer a commission.

observed, that if the right of the House to bring up witnesses was to be disputed, they would be put in a worse situation than the inferior courts, and there would be, in fact, an end of their power of enquiry into abuses.

observed, that the practice was uniform, and the right of the House never questioned.

The Report was then re-committed to the same committee.