rose to present two petitions upon this subject, one from the inhabitants of Kirkintilloch, the other from the borough of Rutherglen. The noble lord observed, that the peculiar circumstances under which he then addressed the House, required that he should say a few words before he moved that the petitions should be brought up. Short as was the space of time since parliament had assembled, it had yet called forth from the opposite benches, a strong and decided opinion against every species of reform. This expression was certainly elicited by petitions of a different tenour from those which he had to present. The petitions with which he was entrusted neither desired annual parliaments, nor universal suffrage; he hoped, therefore, they would not be identified with any such productions. Both these petitions lamented the exorbitant expenditure of the public money; they stated the harassing situation of the petitioners, whose distress was so great that no exertion of labour or industry within their reach could supply them with the necessaries of life. They concluded by praying for a reform in parliament, by which a fairer representation of the people might be had. They did not presume to suggest any plan, but they warmly hoped the House would adopt such a one as appeared calculated to redress the grievance complained of. In presenting these petitions from Scotland, he felt it his duty to call the attention of the House to the state of representation in that country. Whatever opinion prevailed in England on the subject of an alteration in its representation, there could, he presumed, be none as to the imperative necessity of such a change in the representation of Scotland, in a rational and practical sense. What would the House think when they were informed, that a man in Scotland might possess 10,000l. a year in property or in land, without being entitled to vote for a member of parliament? The petitioners asked for an inquiry commensurate with the misery they endured. He must say, therefore, without any disrespect to other parts of the united empire, that petitions from that country were entitled to the peculiar consideration of that House.

said, he rose in pursuance of a notice which had been given by his right hon. friend during his absence, to call the attention of parliament to the late brilliant achievements of his Majesty's fleet before Algiers. During the last session, when the thanks of that House were given to several of our gallant officers for their conduct in the late war, he entertained an earnest hope that a long course of years would have elapsed, before it would be again necessary to perform that ceremony. But though that hope had been partially frustrated, it was at least satisfactory to reflect, that the interval of war which actually succeeded was of short duration, that it arose out of circumstances intimately connected with our honour as a nation; and that it was no less a war of justice and humanity, than one which causes had rendered necessary in defence of our own rights, as well as those of every other country. With respect to the splendid character of the transaction, there could be but one opinion, either in that House or throughout Europe, although perhaps in one point of view the enemy against whom we fought could not rank in the same scale of importance with other states. There never was a military transaction, the character of which, in all its bearings, redounded more to the honour of every individual concerned in it; for though the enemy might be inferior in scientific excellence, and in the knowledge of modern warfare, yet sufficient proof was given, during the battle, that the arm of this country was never turned against a foe more capable of opposing an obstinate and fierce resistance. That fact was proved by the loss we sustained, which, compared with the force employed, exceeded in proportion that of the greatest victories this country had achieved. He would not waste the time of the House, and detract from the glory of the action, by any details on his part, after the clear and explicit view given of it by the illustrious commander himself. But there was one feature connected with the transaction, which it would be injustice in him to omit. Before the expedition was undertaken, they had heard much in that House of the facility with which an attack might be made upon Algiers, and some persons of scientific authority had stated, that even a single line of battle ship would be sufficient. Other authorities, equally entitled to respect, declared, that it would not only be difficult, but so difficult, as to make it a matter of prudent consideration whether any thing should be undertaken against such formidable batteries. It was a duty he owed to lord Exmouth to say, that he stated his scientific opinion upon the subject to his noble friend at the head of the admiralty, and that he steered a middle course between the two extreme points, thus marking his great ability. He said he considered it a service which would be attended with a considerable degree of risk: and loss, but he felt confident he could perform it; at the same time pointing out precisely the very position in which he meant to place his own ship in particular, as well as the positions of all the rest of his fleet. He should not attempt to add any thing more to so glorious an action, both as to the principles upon which it was undertaken, and the mode of carding it into execution, but only observe, that he intended to extend the thanks to the officers and seamen of their brave ally the king of the Netherlands, whose co-operation had been so beneficial. He was sure the House would feel a peculiar gratification in seeing the arms of Holland united with ours for the general liberties of mankind, and be anxious to mark their sense of the services performed by the Dutch admiral, and his brave officers and sailors. The noble lord then moved, "That the thanks of this House be given to admiral lord viscount Exmouth, knight grand cross of the most honourable military order of the bath, for his able and gallant conduct in the successful and decisive attack on the batteries and naval force of Algiers on the 27th August 1816."

rose to second the motion. He felt himself at all times incapable of doing justice to such a subject, for which no eulogies could be too great; yet he enjoyed such perfect satisfaction in contemplating the enterprise in question, which, considered under all its circumstances, reflected so much glory on all who were concerned in it, that he could not resist expressing what he thought of it. He had always considered lord Exmouth as possessing peculiar good fortune. So great were his professional abilities, that, whatever he undertook, he was sure to succeed in. Even from the commence-mencement of that series of great operations which arose out of the revolutionary war, success had uniformly marked his long career. With respect to the late brilliant enterprise, too much could not be said of it, and it was gratifying to know that the feelings of the House and the country were the same. It was not, as had been falsely and seditiously asserted in some of the petitions thrown on the table of that House, that the feelings of the people and their representatives were at variance. On the contrary, the late expedition proved, that the feelings of the people went fully with those of the House of Commons; for no sooner was the expedition resolved on, than the fleet was manned, not by sailors who had seen long and arduous service, but by persons who voluntarily offered themselves for the noble enterprise, convinced of the justice of the great cause for which they were about to fight. The assistance which the king of the Netherlands had given on the occasion could not be too highly applauded. His noble friend had justly observed, that the people of this country were not aware of the difficulty of the undertaking, and that many doubts were entertained of its succeeding. But he must observe, that public opinion was on such occasions a most severe tribunal; and he must say, in justice to lord Exmouth, that that man must have a mind framed in a most extraordinary mould, who would venture himself in a service so pregnant with danger, and yet pledge himself for the success of it: for had he failed, what horror must have arisen from the knowledge that all our brave combatants who might have fallen into the power of the enemy must have remained for life in the most infamous captivity, without the hope or chance of regaining their liberty. Yet lord Exmouth had duly calculated all the dangers to which he was exposed, and knowing the character of those by whom he was surrounded, he had ventured on a mode of attack perfectly novel in the naval history of this country. He had placed his ship within half pistol-shot of the tremendous batteries, venturing his life and venturing his fleet, but knowing that no other mode of attack would give him the smallest chance of the complete success with which the bold enterprise was ultimately crowned. If any one circumstance could be wished for which could give a higher zest to the transaction, it was that which took place in the unanimity which prevailed between two great nations, in the field of battle, a place where the unanimity of great nations could be best cemented. If after this splendid attack any circumstance could have added to the glory of the noble admiral's plan, it was his manner of negociating when the battle was over. It was a matter of peculiar satisfaction to find, that on that occasion the gallant admiral was capable of infusing so much of the firm character of the sailor into the character of the negociator. With the spirit of the former he dictated unconditional submission, and with the coolness of the latter he showed that he was as well calculated to ask satisfaction for an injury, as to demand submission for an insult.

felt himself called upon to make a few observations upon what had fallen from the noble lord. When the question of an attack upon Algiers was before that House in another shape, he stated it as his opinion, that two British sail of the line would be sufficient to compel those barbarians to submit to any terms of peace which might be proposed; but he had never said that two sail would be able to cope with their batteries; for he knew too well what batteries could do against ships, when strongly manned, or even when imperfectly manned, to advance such an assertion. He spoke only in reference to the situation of Algiers, upon the border of the sea, and to the effect which would be produced upon that or any other city so placed, and inhabited by a numerous population of men, women and children, if cannonaded but for one hour. No one was better acquainted than himself with the power possessed by batteries over a fleet; and he would say, that the conduct of lord Exmouth and the fleet deserved all the praise which that House could bestow. The attack was nobly achieved, in a way that a British fleet always performed such services. He could only state, that the vote had his most cordial concurrence, for he never knew or had heard of any thing more gallant than the manner in which lord Exmouth laid his ships along side the Algerine batteries.

said, that, as a very new member of the House, he felt some diffidence in obtruding himself on their attention, but he could not refrain from paying his humble tribute of admiration to the British navy, the pride and bulwark of this country; besides which, the high respect he entertained for lord Exmouth would not allow him to give a silent vote. The thanks proposed were for a victory, the shouts of joy for which had been re-echoed through all the nations of Europe. The noble lord, as had been already observed had continued a career of success from the beginning to the end of the war; he had had the felicity of striking the first and the last blow. Scarcely had a year passed since the commencement of hostilities with France, when the enemy, loudly boasting that, inspired by republican freedom, they would humble our pride and lower our flag, in which lord Exmouth had not had an opportunity of chastising them for their vain glorious insolence. The hon. gentleman proceeded to notice the different actions in which the noble lord had been engaged during the war, till he came to the period of his command in India. He alluded to the vigilance with which he chased the enemy from our extensive shores, and gave such powerful protection to our commerce in those seas, that property to the amount of millions had been saved, which would have otherwise fallen into their hands. Reverting to the results of the expedition to Algiers, he descanted on the happiness conferred on the unfortunate persons restored to liberty, and the benefits which all European nations must derive from the protection of our flag, which now waved triumphant in the Mediterranean. The humanity which lord Exmouth had shown during and after the action, was not the least noble trait in his character. He concluded with hoping that the thanks of the House would be followed by some more permanent testimony to the merits of that distinguished man. The resolution was agreed to nem. con., as were also the following: "1. That the thanks of this House be given to rear admiral sir David Milne, k. b. and to the several captains and officers of the fleet employed on that memorable occasion. 2. That this House doth acknowledge and highly approve the services of the seamen and royal marines serving in the fleet before Algiers on the 27th August 1816. 3. That the thanks of this House be given to vice admiral baron Van de Cappellen, and the naval forces of his majesty the king of the Netherlands under the vice admiral's command, for their cordial assistance and co-operation in the attack on Algiers on the 27th of August 1816."

inquired, whether the noble lord opposite could communicate any information to the House respecting the fate of Correa, and those other unfortunate Spanish Patriots who were lingering in prison? He presumed his majesty's government had represented their case to his most Catholic majesty.

said, that communications had taken place with the Spanish government, but there was no particular intelligence which he had to lay before the House.

asked whether the noble lord would have any objection to lay the correspondence that had passed upon the table.

replied, that it might be imprudent, and even injurious to the individuals themselves, if the correspondence were disclosed.

said, that a hint from the noble lord on this subject would be enough to stop his mouth, as the noble lord must certainly be the best judge as to what injury might result from making any communication on this business; but from the noble lord's silence, he supposed that he must understand that government had done all in the matter that they could, though not backed by a vote of parliament, but that all their endeavours had completely failed.

said, that he held in his hand a petition from an unfortunate youth, complaining of a most serious violation of the liberty of the subject. He had that morning had from the petitioner a most intelligent statement of his sufferings — that he had been, on the warrant of a police magistrate, committed to the New Prison of Clerkenwell — had been there immured in a dismal dungeon for twelve days,; with no other subsistence than bread and water. The noble lord said, he had also been enabled to obtain a view of the warrant of his committal, which alleged that he was imprisoned as a vagrant, without any visible means of support. In contradiction, the petitioner stated, that at the very moment he was arrested, he Lad property to the amount of three shillings and sixpence, in money, in his pocket—that he had resided for above three months in the lodgings he then occupied, and obtained an honest livelihood by the sale of religious and moral tracts. Indeed, the boy had written from the prison to his landlady, for the purpose of assuring her, that he had not absconded from his lodgings, accompanied with a request that she would bring him some money of his which remained at her house. On the last day of the sessions the boy was brought up to Hicks's-hall, with twelve other persons, tied together with a rope, and was there discharged. Such a statement would call for the most serious and prompt investigation at all times; but when it was recollected, that during the last year the most nefarious crimes were brought home to police officers, and strong suspicions to police magistrates, and that no notice appeared to be taken of that conduct by the department of state, under whose superintendence these police magistrates were, he sincerely trusted, that the House would feel the present a case of an enormous invasion of the right of the subject, that loudly demanded its interference.—The following petition was then read: "To the honourable the Commons of the united kingdom of Great Britain and Ireland, in parliament assembled. The petition of Thomas Dugood of the parish of St. Paul, Covent-garden, in the city of Westminster, "Humbly sheweth; That your petitioner is a parentless and friendless boy, seventeen years of age, who, until lately seized by two police officers, and sent to prison by the police, obtained the honest means of living by the sale of religious and moral tracts, which he used to purchase of Mr. Collins of Paternoster-row.— That your petitioner has, for more than four months last past, lodged, and he still lodges, at the house of Keeran Shields,' who lives at No. 13, Gee's-court, Oxford-street, and who is a carter to Mr. White of Mortimer-street, and who is also a watchman in Marybone parish.— That your petitioner has never in his life lived as a vagrant, but has always had a settled home, has always pursued an honest and visible means of getting his living, has always been, and is ready to prove that he always has been an industrious, a peaceable, sober, honest, and orderly person.—That, on the 10th of January 1817, your petitioner, for having pulled down a posting bill, printed by J. Downes, who is the printer to the police, and which bill was intituled 'Mr. Hunt hissed out of the city of Bristol,' was committed by Mr. Sellon to the New Prison, Clerkenwell, where he was kept on bread and water, and compelled to lie on the bare boards until the twenty-second of the same month, when he was tied, with about fifty others, to a long rope or cable, and marched to Hicks's-hall, and there let loose.—That your petitioner has often heard it said, that the law affords protection to the poor as well as the rich, and that, if unable to obtain redress any where else, every subject of his majesty has the road of petition open to him: therefore your petitioner, being unable to obtain redress in any other manner for the grievous wrongs done him by the magistrate of the police, most humbly implores your honourable House to afford him protection and redress, and to that end he prays your honourable House to permit him to prove at the bat' of your honourable House all and several the allegations contained in this his most humble petition. And your petitioner will ever pray." Lord Folkestone then moved, that a committee be appointed to inquire into the matter of the said petition, and report their opinion thereon to the House.

assured the House, that he knew nothing of the case described by the noble mover and brought forward in the petition, than what he had read in the public papers. None of the facts or allegations had come to him through any other channel. He had seen the exami- nation of the boy stated in a report from one of the police offices, and had afterwards read, that one or two individuals who had taken up his cause had said, that he meant first to have laid the case before parliament, but that upon subsequent consideration he had altered his mind, and meant to make a representation on the subject to the secretary of state for the home department. In consequence of this intimation he had expected such a representation as would have laid the facts before him in such a shape as would have warranted inquiry. No communication, however, had been made to the office of the home secretary; if there had, he could assure the House that every attention would have been paid to it, and that the fullest and strictest investigation of all the circumstances would have taken place in the most prompt and zealous manner.

was surprised that the right hon. gentleman had not made one observation about the motion for a committee. Was he against it? [No, no! from several parts of the House.] He could not help, since he was up, making one remark on the place where this poor boy was confined. He thought it utterly disgraceful to the country. No gentleman would keep his hounds in such a wretched place, and with such wretched accommodations, as these poor creatures were confined to.

would ask the House whether it was proper that this case should be examined in parliament in the first instance, or whether it would not be better to adopt a different course, and apply to a court of law for a legal remedy? The petition complained of false imprisonment—of an illegal act. The petitioner stated, that "he had often heard it said, that the law afforded protection to the poor as well as the rich;" and when he had heard it so said, he had heard what was in this country practically true. Let, therefore, a legal remedy be first sought, and if unable to obtain redress in the regular manner, let him then exercise his right to petition the legislature. If this petition was received, the application of no person who complained, in similar circumstances, of personal restraint, could be refused, and the functions of parliament would thus be confounded with those of courts of law. Objections might be started against bringing an action for false imprisonment in this case, but they did not appear to him so strong as to warrant a departure from the usual course. The boy, it might be said, was young, but could he not sue by his guardians? He was poor, then let him sue in forma pauperis. It appeared to him that it would be the better mode of proceeding to bring the subject of this petition before a court of law.

submitted to the noble mover, whether it would not be more correct and becoming to postpone his motion for a committee for a day or two, in order to allow time to inquire into the circumstances. If the noble lord did so, he would pledge himself to enter fully into the investigation, and inform the House of the result.

said, he had no objection to postpone the appointment of a committee till a previous investigation of the circumstances had taken place by the home secretary, provided no delay intervened. Thursday was then suggested as the time when information might be expected, and his lordship consented to postpone the appointment of the committee till that day.

would not consent to consider the question for a committee as carried, but suggested that the regular course would be for the noble lord to withdraw his motion, and bring it forward afterwards, as he should see meet.

said, there was only one alternative in which he would consent to withdraw his motion, and that was in case the learned attorney-general, who had recommended the petitioner to apply for a legal remedy and to sue in forma pauperis, would consent to direct the proper steps for obtaining redress, and pledge himself to be his advocate. [Hear, hear! and a laugh]. On no other condition could he agree to the course recommended. This was a case peculiarly demanding the interference of parliament. The petitioner was poor, and could not gain admission to the courts of justice in such circumstances as would excite attention to his sufferings, or obtain legal advice. There was another reason why it should be considered by parliament. The act complained of was done, and the boy was committed, not by the ordinary magistrates of the country, but by police magistrates, almost new to our constitution, appointed by the crown, paid by the crown, and removeable at the pleasure of the crown. The act for which the boy was committed was one connected with political principles. The conduct of these magistrates should therefore be narrowly watched.

observed, that he was placed in a situation by the noble lord that no member of parliament was ever placed in before, if it were necessary for him to make the pledge required, in having thus within the walls of the House a retainer proposed to him as a counsel in one of the courts of justice. In his capacity of law officer of the crown he could not be the advocate of the petitioner, and in any other capacity he could not be required to support his cause by any parliamentary application. He could say, however, that if the course he had recommended were followed, there would be no want of legal advice and assistance. If it were stated to the court that he applied to sue in forma pauperis, it would not be difficult to find counsel at the British bar, the most eminent and learned in their profession, who would plead his cause, with as much zeal, perseverance, and ability, as if he were the richest subject in the kingdom. The noble lord, he was convinced, would, upon mature deliberation, withdraw his alternative, and place the cause of the petitioner in any hands sooner than his.

said, that though his hon. and learned friend could not be called upon, as law officer of the crown, in the present stage of the proceeding, to be counsel in supporting the cause of the petitioner, he might subsequently be required to be so by a vote of the House. He did not wish to prejudge the case, ignorant as he was of the circumstances. The prima facie view he allowed was bad, and demanded the most serious consideration and the most minute inquiry. It was a matter of the utmost importance to the country and the individuals implicated. The only question at present was, could there be any inconvenience in letting the appointment of the committee lie over for a few days, till the promised investigation was made by the home department; it being understood, that in the event of the result being unsatisfactory, the fullest inquiry would take place by the committee J There was a standing committee of grievances to which the petition might be referred.

little expected, in the present state of the country, and under the pressure of distress which afflicted such numbers of the people, to hear of a warrant of commitment, recording as cri- minality the want of visible means of subsistence. Unhappily, from his own knowledge, and he believed every member who heard him could make the same declaration, there were at this moment thousands of distressed individuals without visible means of subsistence, whose misery neither was nor could be confounded with crime. The statement, in the present case, however, positively denied the fact, on which the warrant was issued.

saw no ground for receiving this petition; if they did receive it, they would be inquiring into the conduct of a magistrate, against whom the petitioner had his proper remedy elsewhere, and the boy did not seem to be without friends to assist him in his course. If this mode of seeking redress were to be allowed on every false arrest, a petitioner, without even the formality of an oath, could call upon the House to decide upon the merits of his case. The complainant had his remedy in due course of law. His claim by petition ought to be his last, not his first resource.

was of opinion that the boy could not procure a real effectual remedy by the legal course recommended. There was a considerable difficulty in sueing in forma pauperis. The petitioner must have counsel to sign an application stating that he was a proper person to sue in that capacity; and it would not probably be easy to find a counsel who would expose himself to suspicion by such a transaction, considering he would thereby be acting against government. He could call the boy's commitment nothing else than an act of the government. The real cause of it was for pulling down a handbill, prepared, as he was informed, and posted up by the police itself, against an individual obnoxious to government. Another difficulty in the way of sueing in forma pauperis was this—that the boy, although he had not means to bring an action in any other capacity, might still have so much property as would deprive him of all title to such a mode of obtaining redress. The question involved in this petition was peculiarly fit for parliamentary consideration, as it affected the liberty of the subject. Although such were his ideas, he would advise the noble lord to wait a few days till the promised investigation took place. If, however, the noble lord pressed his motion for the committee at present, he would support it; as he thought the principle attempted to be laid down was wrong, that because redress of a grievance could be obtained elsewhere, therefore the House should not be applied to.

said, that there were scores of men at the British bar who would do their duty without any regard to the political opinions of those whose interests they were intrusted with.

would not consent to withdraw his motion, unless he understood that it would appear on the journals of the House.

informed the noble lord, that this and every other motion was entered on the journals of the House, whatever fate attended it.

stated, that the bills pulled down purported to have been printed by Downes, printer to the police offices; that they had been issued under the direction of the magistrates, and that officers had attended the posting up of them, and were afterwards stationed to Watch whether any person would tear them down or deface them, that the person so offending might be dragged before the magistrates, to be treated by them as they thought proper. He felt that unless the subject was examined by a committee, no certain knowledge of the circumstances could be collected; for police officers, and others, might prevaricate and conceal the facts, which they could never venture to do before the House or a committee. He admired the dexterity of those who now argued against having the subject submitted to the House of Commons before it received the decision of a court of justice, remembering that the very same persons, not long since, argued against the interference of the House in cases on which a court of justice had already determined. By such reasoning the House would be precluded altogether from exercising any control over judicial concerns.

expressed a wish that the noble lord would withdraw his motion till the promised report was made by the right hon. secretary. He would not be prevented from bringing it forward again, should the result be unsatisfactory. The fullest investigation had been promised, and the noble lord should allow time for its being made. If he would not consent to withdraw his motion, he might move as an amendment, that the consideration of it be deferred till the report of his majesty's minister be received. The matter was of the greatest importance. Justice must be done to all parties. Even if a verdict were obtained in favour of the petitioner in a court of law, such a result might not be thought sufficient to render farther parliamentary proceedings on the subject unnecessary. He did not doubt but that many gentlemen of the bar would be found willing to support the cause of the petitioner; but he was uncertain whether, even though he sued in forma pauperis, stamp duties must not be paid.

said, that persons sueing in forma pauperis were not liable to the payment of stamp duties.

having finally consented to withdraw his motion, the petition was ordered to lie on the table.

did not rise for the purpose of opposing the substance of this motion, as he was perfectly aware that a supply must be granted; but he rose to say, that as a committee had been proposed, he meant to apprize the noble lord, that if he did not take effectual steps on Friday for the appointment of that committee, he would himself submit a motion to the House on that subject. He was not aware, whether the noble lord had been a party to the delay before, but it was of the utmost importance to the country that no further time should be lost.

said, his motive for altering the day from Thursday to Friday was not for the sake of delay, but because it would be more convenient for the statement which he should have to make to the House. He was most anxious to submit to the House what his majesty's ministers thought it most advantageous to propose to parliament under the existing circumstances of the country. The right hon. gentleman could not be more anxious on that subject than he was.

had no objection to the motion, but was desirous to know what course was to be pursued on Friday. Did the noble lord mean to follow up his statement by the appointment of a committee; and if so, was that committee to be chosen by ballot, or in the ordinary way? With respect to the general subject of a commit- tee of supply, he wished to know from the chancellor of the exchequer, whether he meant to relinquish any tax that would come home to the pockets and feelings of the country at large? for he considered it absolutely necessary that some, taxation should be remitted to the people. Under the existing state of affairs, the increased population of the country could not maintain themselves by their labour. Almost the whole of the labouring classes were supported out of the poor-rates of the country; and unless something should be done to relieve their distresses, let peace continue, let commerce flourish, let agriculture revive, they could not maintain themselves, unless they were still assisted out of the parish rates. These rates, however, had now become so great, that it was almost impossible to increase them; and, therefore, he wished to ascertain, whether it was intended to apply the sinking fund to the relief of the country. He was strongly of opinion, that it would be the most advantageous course to take a portion of that fund to supply some of the taxes that press so heavily on the labouring classes of the community.

said, that the great question of providing the means of a supply was such as must necessarily come under the consideration of the House; and, therefore, however his mind might be made up on the subject, he should refrain from entering into any detail, until he saw to what the general statement might lead.

replied, that this answer was much more acceptable than the reserve of the noble lord. He could not, indeed, expect more from the right hon. gentleman on this occasion. He thought it his duty, however, to repeat the question, whether the noble lord had intended to choose the committee by ballot or by taking names?

declined giving any answer until he had an opportunity of stating to the House the line of conduct which he meant to adopt.