brought up the following Report:

, called in, and examined. I am partner with Abraham Rhodes and Thomas Handley, as solicitors and attornies, and was employed in October 1803, by Wm. Woodward, and Fanny Woodward, the brother and mother of Elizabeth Woodward, a minor of the age of sixteen years, ] to sue out a writ of Habeas Corpus directed to William Wilson, of Basingstoke, in the county of Hants, inn-keeper, having the custody of Elizabeth Woodward, to bring her up before Lord Ellenborough on the receipt of that writ; she left her mother's house at Winchester on Sunday 9th Oct.; she lived with her mother, who, I believe, lived on her fortune; on her being missed, she was traced, after great trouble, through various stages, to London, as accompanied by Wilson, in whose custody she remained: the writ of Habeas Corpus was served on Wilson on the 18th Oct., he was served at Basingstoke, and her abode could not be discovered; on the 22d October he returned the writ before Mr. Justice Laurence, stating that Elizabeth Woodward was not, at the time of serving the writ, nor at any time since, in his custody or power, and that she was free from his control, and that therefore he could not produce her: I objected to the return, as untrue in the fact of her not being in his custody; but the Judge was of opinion that he could not enter into that inquiry: on that a bill in Chancery was filed, and she was made a ward of court; and by an order of the Lord Chancellor she was delivered up to her friends: term commenced the 6th Nov.; application was made to the Court of King's-bench against William Wilson, for not having paid due obedience to the writ of Habeas Corpus; and it appearing to the Court that he had wilfully disobeyed the writ, he was in the Hilary Term following committed to the custody of the Marshal of that Court, and being brought up again in the same term for judgment, he was by the said Court ordered to be imprisoned in his Majesty's gaol of Newgate for six calendar months, and to pay a fine of fifty pounds.

esq. called in, and examined. I am partner with James Farrer, esq. the principal secretary of the Lord Chancellor; in the situation of secretaries, we have not made out any writs of Habeas Corpus ad Subjiciendum since Mr. Farrer held the office, during eight years: we have caused inquiries to be made at the Six Clerks Office, at the Petty Bag Office, Crown and Cursitors Office of the Court of Chancery, and have not been able to ascertain that such a writ has issued in the Court of Chancery within the last ten years.

gave notice, that it was his intention, early in the next session, ] to submit a motion to the House on the subject of the preceding Report.

rose, in pursuance of his notice, to submit a motion to the House relative to the grant of certain pensions which he conceived were irregular. The pensions in question were, one to the family of a member of Parliament, which was granted on the 1st of February, 1806, and charged on the establishment of the Foreign Secretary; and two others, granted to two highly meritorious officers (colonels Congreve and Shrapnell) by a private intimation from the Crown to the Master-general of the Ordnance, and charged on the Ordnance establishment. The first grant which he had mentioned he contended was illegal, as would be perceived if the consequences of it were examined. The revenue of the Foreign Secretary's office consisted of fees, which were taxes raised in an indirect manner on the subject; and if these were not sufficient, the deficiency was supplied out of the Civil List. Therefore, if the pension was paid out of the fees, it was a diversion of indirect taxes to purposes not sanctioned by Parliament; if out of the Civil List, what became of the provisions of Mr. Burke's Bill? These pensions also being granted for life were, in effect, a charge upon the Civil List for a longer time than it was in the power of the monarch to grant—his power being restricted to grants during his own life. The grant was, therefore, invalid, as no similar grant had ever been expressly sanctioned by Parliament; and indeed if such grants were ever made formerly, they could not have come to the knowledge of the House, as the practice of laying before the House all increase of salaries and grants of pensions had not been customary before it was enacted by the 50th of the King. No negligence on the part of Parliament could authorize usurpation; and it was therefore the duty of the House to express its sense as to the grant in question, even if it should be proved that such grants had been before made. This grant was first made known to the House by the Committee on Public Expenditure of 1807; by which it also appeared that the Crown had usurped the power of granting pensions out of the produce of old stores, which was disapproved of by the House, on the express ground that the Crown had no right to charge indirectly the revenue by such grants. The other grants which he had alluded to were two pensions of 1200l. each, to two distinguished officers; and though the House should not behold with jealous eye the rewards given to merit, it should exercise vigilance as to the manner in which they were conferred. These pensions were granted by an intimation of the Royal pleasure to the Master-general of the Ordnance on the 14th of January, 1814, though not communicated to Parliament till the month of April. Such a proceeding he conceived to involve a complete deviation from the object of Mr. Burke's Bill. That Act must indeed become nugatory if it were competent to Royal authority to charge a pension upon any of the public offices without reference to Parliament. In the case of colonel Congreve the order of the sign manual to the Master-general of the Ordnance was simply this, that 1200l. a year should from year to year be charged among the Ordnance estimates for that officer. Thus this grant was clearly during pleasure; for what was to prevent the Prince Regent from revoking such a grant, and issuing an order accordingly to the Master-general of the Ordnance? In this view, then, it appeared that the Act of Anne was violated, for according to that Act any member of that House accepting a pension during pleasure was called upon to vacate his seat. The hon. and learned gentleman observed, that it was not his wish to disturb any of the grants alluded to; but merely to propose a Resolution, the object of which would be to put a check upon such, grants in future, and to prevent any charge from being made upon any of the public offices, other than such establishments were usually liable to, without first obtaining the consent of that House.—He concluded with proposing his Resolution, namely,

"That it appearing to this House that certain pensions have been granted by warrants under the Royal sign manual, payable out of the establishment of the office of Secretary of State for Foreign Affairs, and the monies to be appropriated for the service of the Ordnance, it is necessary to declare that the funds upon which such pensions are charged constitute no part of the revenue of the Crown, and that the said pensions ought not to have been granted without the express consent and authority of this House previously obtained."

rose, and first addressed ] his observations to that pension which was granted from the office with which he was connected; and while he felt that this grant was made to an officer (colonel Congreve) of indisputable merit, he was prepared to maintain that the grant itself involved no unusual exercise of the Royal prerogative, but that, on the contrary, it was fully agreeable to ancient practice. There were, indeed, various sources of revenue which formed no part of the hereditary revenue included in the commutation with respect to the Civil List, upon which the Crown had been in the habit of charging pensions for the reward of public services. Among those sources were certain fees and gratuities received in the public offices; and upon such funds it had been an old custom to assign pensions for the compensation of retired officers, or as a remuneration to persons rendering some public service in such departments. Upon the Post-office, for instance, between 6 and 7,000l. a year were so charged, including an annuity of 3,000l. to Mr. Palmer. But it would seem, from the strain of the hon. and learned gentleman's observations, that the pensions to which he referred were really smuggled cases, which now, for the first time, had come to light; whereas the fact was, that above thirty such pensions had been granted within 35 years, which had never been animadverted upon or pronounced illegal, although such grants had come under the consideration of the Finance Committees of 1785 and 1797. Nay, although such grants had been noticed in the Committee on Public Expenditure in 1807, of which the hon. mover was himself a member, the subject had not been brought under the consideration of the House until the present moment. How came it, then, that the subject had for nine years been allowed to sleep, and how came it, also, that although the hon. and learned mover's notice referred only to one case, he had this night brought forward three cases? But where, he would ask, was the law, written or unwritten, that forbad this mode of granting pensions by the Crown? The hon. and learned mover had stated, that those pensions were virtually granted out of the Civil List, and that being granted without the previous consent of that House, they involved a violation of Mr. Burke's Act. But he denied the hon. and learned member's fact, and his inference also. He denied his fact, because those pensions were not granted out of funds included in the commutation of the Civil List for the hereditary revenue. But even admitting his act, his inference was incorrect; for according to Mr. Burke's Act, the Crown was authorized to grant pensions out of he Civil List, to the amount of 95,000l. a fear; and the fact was, that up to February last, only 87,000l. had been so granted—so that as only the pension of colonel Congreve, and 700l. a year to that meritorious servant of the public, Mr. Cooke [Hear, hear! from lord Castlereagh]; it followed of course, that Mr. Burke's Act had not been in any degree violated, even supposing colonel Congreve's pension to have been granted without the previous consent of that House. But, in truth, the prerogative of the Crown was competent to order the allowance alluded to, to be granted to colonel Congreve, for his services in the Ordnance department, in which department no other grant had been made for some time, but one to himself (Mr. Ward), for which he did not think it necessary to offer any justification, as he had made a sacrifice by accepting office in that department. As to the alleged illegality, however, of such grants, it was evident from Mr. Perceval's Act of the 50th of the King, that that allegation was unfounded. For this Act was avowedly brought forward and drawn up to regulate office pensions, which of course was a clear admission of the legality of such grants as those under consideration. But it was obvious, that the order of the Crown with respect to the grant to colonel Congreve, was made with, the consent of that House, for it was included in the Ordnance estimates, which, were voted by the House; therefore it appeared that the hon. and learned mover's complaint was totally unfounded. Then, as to the hon. and learned mover's reference to the Act of Anne, there was not one word in the order of the Crown addressed to the Master-general of the Ordnance, which implied that the pension to colonel Congreve was granted during pleasure. Or course this pension did not come at all within the meaning of that Act; for it was not granted with any view to create undue influence upon the mind of a member of that House, but to remunerate eminent public services.

bore testimony to the great benefits which were derived from the use of colonel Congreve's rockets, as he had himself witnessed in actual service.

in reply stated, that his reason for abstaining from bringing forward any motion earlier, respecting the particular pension which had been alluded to, was because he thought the Report of the Committee of Public Expenditure would have effectually checked all such grants; but when he found two other pensions granted, of precisely a similar description, he thought it right to bring the whole subject under the notice of the House, lest the thing should, at last, swell into an intolerable grievance. With regard to the Post-office revenue, that was distinctly commuted upon the accession of his present Majesty, and the Crown, therefore, had no right to charge pensions upon it. As to what had fallen from the hon. gentleman respecting the application to that House in the way of estimate, for its concurrence, if he was correctly informed, that pension had been paid to the individual for at least ten years, out of different offices, and which they were now called upon to continue. He apprehended, however, that the constitutional way of granting a pension, was not by foisting it into an estimate, but by a message from the Crown. The hon. gentleman said, that the seat of colonel Congreve in that House was not affected by his pension, because it did not come within the meaning of the statute of Anne; but upon the above points, and especially the latter, he differed from the hon. gentleman. What was the intention of the Parliament that passed that Act? To prevent the extension of the influence of the Crown, not surely so far only as related to granting pensions from the Civil List, but in every other way. Was it probable, indeed, that Parliament would leave the Crown in possession of numerous offices, with the power to grant pensions upon those offices in any manner, except from the hereditary revenue? He apprehended, therefore, that the hon. gentleman was a little incorrect in his view of the effect which the pension ought to have upon the seat of colonel Congreve.

rose, pursuant to notice, to move that the Petition of Mr. Firth, his Majesty's Attorney-general in the province of Upper Canada, be referred to a select committee, to inquire into its allegations, and report thereon. He said he should content himself with merely stating the circumstances of the Petition, and leaving it to the judgment of the House to determine upon what course ought to be pursued. He begged leave, however, to say, that he was in no manner influenced by the feelings which actuated the petitioner, who was goaded and stung, no doubt, by a deep sense of injuries which he believed himself to have sustained. Who was the petitioner? Not an obscure, not an ignorant individual; not a person, who, from his condition in society, or his conduct, was likely to be disaffected to the Government; but a gentleman educated to the bar in this country, and selected by the Crown as a fit person to execute the duties of an important legal appointment in one of our most important colonies. He understood that he owed his appointment to the late Mr. Windham, a patronage which, of itself, was sufficient to confer no mean dignity. He understood, from the Petition, that Mr. Firth went out in 1808, at a considerable expense, to take possession of his office. Shortly after his arrival, governor Gore thought proper to let loose a number of petty vexations against Mr. Firth, and which continued during the last two years of his residence in that province. Those minor persecutions were not indeed exactly specified in the Petition; bat it did not require any very deep knowledge of human nature to know that the combined effect of a series of petty mortifications, incessantly repeated, was often as great, and greater, than that produced by persecutions of greater magnitude and severity. It did appear, however, that the grievances complained of, were not all of that minor description. A plan was devised to get rid of the Attorney-general, by depriving him of the emoluments of his office and in order to accomplish this, he was prevented, by governor Gore, from carrying on various public prosecutions, by which his income was diminished one-sixth, and all the dignity and efficiency of his office abolished. Another mode of persecuting him was also resorted to. When, from, some peculiar circumstances in which the province happened to be placed, no servants except soldiers could be procured, a special exemption of the Attorney-general, as entitled to a servant of that description, was made by governor Gore, and he was reduced to the necessity of performing all the menial offices and drudgery of domestic life himself. Here again he begged to remind the House, ] that he did not state these things as facts, but merely as allegations contained in the Petition, brought forward by a man who had held a high station, and, primâ facie, therefore entitled to belief. They were such, in his opinion, as ought to produce inquiry, not only that the character of general Gore might be vindicated, if he was innocent, but that the shame and disgrace of having made such allegations, might fall with tenfold aggravation upon the head of their author, if they were false. There was another most important charge in the petition, in so far as it went to the declaration of a serious change having been introduced into the administrative justice of the country. It appeared that a very mysterious case of child-murder had occurred in that province, into which the Attorney-general thought it his duly to inquire; but during the preliminary investigation which he instituted, general Gore interfered, and expressing his aversion to the inquiry, ordered it to be stopped. In consequence of that proceeding, and being besides worn out and wearied with these multiplied persecutions, Mr. Firth applied for leave to return to England, which was not granted; but his residence in the province became so utterly impossible, that he was obliged to leave the country without obtaining the consent of Government, and he now applied to the justice and compassion of that House for redress: Such were the allegations contained in the Petition; and they were of a description which most make general Gore himself, and his friends, anxious for an inquiry, that they might be repelled, if unfounded. In presenting the Petition to that House, he had reluctantly undertaken a task which he was far from seeking, because it was an unpleasant thing to appear as the accuser of any man without knowing all the merits of a case. He had, however, long been acquainted with the petitioner, and he could vouch for his general honour and integrity of character; and he should have been subject to the reproach of his own feelings and conscience, if he had deserted an old and early friend by refusing to present his petition when he stated that he had been seriously aggrieved. He should conclude with moving, "That the Petition be referred to the consideration of a Committee, to examine the matter thereof, and report the same, as it shall appear to them, to the House."

spoke strongly in behalf of general Gore's character and conduct, both as governor of Bermuda, and in his present station. On his arrival in this country, he was asked if he knew any reason why governor Gore had dismissed the Attorney-general, and his answer was, that before he left America there was not a voice in that country which did not say that governor Gore had done right, and that it was impossible the colony could go on with such an Attorney-general. He was sure general Gore had acted from the most honourable motives.

said, he could not support the motion for inquiry, and he would state his reasons why he could not. With respect to the petitioner, he knew him well and long; he believed him to be a man of strict integrity, and he was sure the Petition did not contain a single allegation but what he believed to be well founded. When he returned from Canada, he requested him (Mr. Smith) to lay a memorial before the Secretary of State, which, after reading it, he did, together with as strong a recommendation as he felt himself justified in using. That memorial procured to him a certain degree of relief as to certain points which were urged in it: but that relief did not satisfy him, and he then requested him to present his Petition to the House. Upon looking into the Petition, however, and finding the allegations extremely vague, and many of them such as must have existed in the imagination only of the petitioner, he told him he could not undertake to present it, unless he also felt disposed to move something like an impeachment against the Secretary of State, for not paying more attention to the first, memorial, which he certainly was not inclined to do. Upon those grounds, therefore, he should feel it his duty to vote against the motion.

said, that the conduct of governors, both in the West and in the East, was often such as would stamp their characters as petty tyrants. To them might well be applied what Buonaparté addressed to certain of his generals—that by being made governors their brains were turned. He had often witnessed such persons as he had just described, and was proceeding to lament that a notice entered some time ago on a similar case had not been pressed on the House, when

interrupted him, by observing that he was wandering from the question.

resumed, and declared his entire concurrence in the motion; at the same time hoping, that, on an inquiry, the allegations in the Petition would be satisfactorily explained.

could not accede to the proposition, although perfectly satisfied that nothing could afford general Gore more sincere pleasure than having an opportunity afforded him to bring forward the many proofs of innocence of which he was possessed. But, notwithstanding this circumstance, the House should in all cases act on public principles, without any regard to the individual feelings of those concerned. He said, that if on every trifling complaint an inquiry should be instituted to investigate grievances, either imaginary or true to a small extent, no other business could be transacted in that House. Mr. Firth, he would acknowledge, was a man of high respectability; but if his elevated situation was a presumptive argument in favour of his allegations, it was but fair to allow general Gore to derive a similar advantage when objecting to them. General Gore was chosen by Mr. Windham to fill his high and arduous situation—not from private or party reasons, but from the experience of his former government, which was well administered. At the time of his being sent to Canada, the colony was a scene of angry confusion, which was soon appeased by his authority. He then alluded to the charge made in the Petition against general Gore, as if he had hushed up a crime so heinous as child-murder. This charge required a distinct statement of the facts. The wife of a soldier in the 100th regiment was delivered of a child, whose death she attributed to the surgeon of the regiment. The case was investigated by the magistrates of the district in which it was said to have occurred. On this investigation Mr. Firth intruded, but was not permitted by the magistrates to be present during its continuance. The case appearing clear to them, the surgeon was dicharged, and his exculpation read in the general orders at the head of the regiment—not as a violent attack on Mr. Firth, but as an act of justice to the gentleman concerned.

stated, that the petitioner was ready with witnesses to prove all the allegations in the Petition. Were he in governor Gore's situation, he should strenuously urge his friends to institute an inquiry into his conduct. The case of Mr. Firth was not singular. He had in his possession a variety of other cases. Among them was one of a gentleman, Mr. Wyatt, who was almost as dear to him as a son. Mr. Wyatt had been appointed Surveyor-general of the province of Upper Canada, and by his commission was rendered wholly independent of the Governor, being directed to communicate immediately with the Treasury. Mr. Wyatt had gone on for a considerable time in surveying the province, and in the more difficult task, the location of it, when—

spoke to order. The hon. member, he said, was going into statements which had nothing to do with the question before the House.

observed, that in strict order the hon. member must confine himself to the allegations of the Petition.

resumed. He said, that it appeared, that when governor Gore arrived in Upper Canada, all was harmony and conciliation, but that shortly after the different public officers were turned out to make way for persons of his selection. Thus Mr. Firth was replaced by a youth. Mr. Wyatt having refused to appoint, a deputy of the governor's choosing, was dismissed in three days. The governor made every effort to reduce his government to a simple despotism. The Judge, the Attorney-general, the Sheriffs, all suffered. Even the Speaker of the Lower House had been so intimidated, that, on a proposition for an address to remove the Governor, he gave the casting vote in favour of the Governor; an occurrence which he thought would not have happened in the British Parliament. There was another instance—[Order].

reminded the hon. gentleman that he must confine himself to the question before the House.

concluded by observing, that it was for the honour of governor Gore, that an inquiry should be instituted.

concurred with his hon. friend near him in the opinion, that no case of this nature should be gone into, except where such corruption or oppression appeared as called for the high jurisdiction of Parliament. The case had been successively before three secretaries of state—himself, lord Liverpool, and lord Bathurst; who all entertained the same opinion of the high character of governor Gore, and of the unsupported character of the charges adduced against him. With respect to Mr. Wyatt, in advising his re- ] moval from Upper Canada in consequence of his differences with the Governor, he had accompanied that advice to the Treasury with a representation that there was nothing whatever in that gentleman's conduct which ought to prevent his being employed in some other colony. With respect to governor Gore, he had been selected for his great ability and integrity, and placed in Upper Canada by Mr. Windham. He knew nothing of him except officially; but thinking that his government was unfairly embarrassed by the interference of individuals, he had thought it his duty to interpose. If Parliament were to be called upon to inquire into all the little cases of difference arising in the colonies, no governor could return to this country without the occurrence of a multitude of applications similar to the present.

, from the long intimacy he had with governor Gore, was unwilling to give a silent vote upon this occasion; but from what had fallen from the noble Secretary of State, and the Under Secretary of State for the Colonial department, it would be unnecessary for him to trespass on the House at any length. Had the hon. Secretary for the Colonial department been induced to entertain the motion for referring the Petition to a committee, he should have been prompted to a full investigation of the allegations of this extraordinary Petition. As to the memorial which the hon. member for Coventry (Mr. P. Moore) had stated to have been sent over from some of the inhabitants of Upper Canada, thanking his royal highness the Prince Regent for the recall of general Gore from his government, he (Mr. Benson) was not disposed to dispute its existence; but he was perfectly aware of the class of people from whom such memorial came:—as well might this country judge of the true sentiments of the loyal inhabitants of the good cities of London and Westminster, by a memorial from the worthies of Palace-yard, as to decide by the memorial alluded to by the hon. member for Coventry, of the sentiments of the respectable body of inhabitants of Upper Canada towards governor Gore. In order to draw the true contrast, he would, with the permission of the House, read part of the Address of the House of Assembly of Upper Canada, unanimously voted to governor Gore on his leaving that country, when his influence there might be considered at an end.—He then read the following Extract from the Address referred to:—"May it please your, excellency—We his Majesty's dutiful and loyal subjects, the Commons of Upper Canada, beg leave to assure your excellency of our approbation of your excellency's administration of the government of this province, which, since your arrival among us, has increased in wealth, prosperity, and commerce, far exceeding our most sanguine expectations, aided by your wise and liberal exertions to promote the same."—From his long intimacy with, governor Gore, he considered him incapable of an act of oppression, or an illiberal sentiment.

stated, that he had in his possession a letter in the hand-writing of the noble lord, in which he expressed himself perfectly satisfied with Mr. Wyatt's conduct.

said, that he was perfectly satisfied with Mr. Wyatt's conduct in his situation; but that he thought his conduct towards the Governor ill-judged, to say the least of it.

, in the course of a short reply, observed, that he had never heard, until that moment, that Mr. Firth's petition had been offered to the member for Norwich, the suffrage of whose intelligent mind against it almost shook his own opinion. Still, however, he maintained, that if any one member in the House entertained sentiments unfavourable to governor Gore, it would be to the governor's honour to have the case fully investigated.