House of Commons
Monday, May 4, 1818
Petition of Lieutenant Bedford
presented a Petition from lieutenant Bedford, of the royal navy. The hon. member stated, that as the petition was of great length, he should just state what it was the petitioner complained of. He stated, that though severely wounded when a midshipman, by which he lost an eye and nearly the use of his jaw, he had not since received any pension. He also complained of a regulation in the Admiralty, by which no naval officer, except an admiral or captain, could claim or obtain an audience of the first lord of the Admiralty, though in the army it was different, for there every commissioned officer entering his name in a book kept for that purpose at the Horse-Guards, might have an audience of his royal highness the commander-in-chief. He prayed the House to take his case into consideration.
The petition was then brought up and read. On the question, that it do lie on the table,
said, that though the House had not heard the whole of the petition read, and could not, therefore, be acquainted with all its allegations, yet there was one circumstance mentioned in it which the House ought not to suffer to pass unnoticed. He alluded to that regulation, by which officers under a certain rank were precluded from having an audience of the first lord of the Admiralty. He saw no reason why the first lord of the Admiralty should refuse an, audience to a lieutenant in the navy, which his royal highness the commander in chief granted to the humblest ensign in the army. He had not before heard of such a regulation, and he was certain that no such practice was known in the time of earl Spencer, or earl St. Vincent.
, was at a loss to know the particular complaint of the petitioner. He had, in his opinion, no right to be dissatisfied at not having a pension, for he was placed on the Greenwich establishment, which was better than the receiving a pension as lieutenant. With respect to the regulation to which the hon. member had alluded, he should observe, that the first lord of the Admiralty was in a very different situation from that of the commander-in-chief, for he could decide at once upon any application which was made to him; whereas, the first lord of the Admiralty was only one of a commission, and had not the same authority. As to the particular rule by which the audiences of the first lord of the Admiralty were regulated, he was not certain: it was not at all connected with his (Mr. C.'s) department, but he was certain that the private secretary to that nobleman could, if he were in parliament, give a most satisfactory explanation of it. For himself, he should only say, that he was in his office every day, and the whole of the day, and that he was ready to see every person who had occasion to consult him.
said, he had not meant, nor was it the intention of the petitioner, to impute the slightest neglect to the hon. member, What he principally complained of was, that he had never received any pension, though he had been wounded so severely as to lose one of his eyes and almost the entire of his jaw. He also complained of losing his pension as midshipman when promoted to the rank of lieutenant.
said, he was now aware of the nature of the petitioner's complaint, and he trusted he should give an answer to it satisfactory to the House. The rule which he complained of was the same in the army as in the navy. The petitioner had got his wound before the present regulation was made; but instead of the pension of 95l. a-year, to which he might be entitled, he received, by being placed on the Greenwich establishment, an income of 220l. a-year.
thought the petition indiscreet, and that the petitioner had no just cause of complaint.
The Petition was ordered to lie on the table, and to be printed.
Land Tax Assessment Bill
On the order of the day being read, for going into a committee on this bill,
objected to the Speaker leaving the chair. Such a bill as the present he conceived to be peculiarly improper when the country was or the eve of a general election, as it had a tendency to take away a salutary guard against fraudulent votes, and one that had remained upon the Statute book for a hundred years. It had been asserted that the land tax had been redeemed in many counties. He was inclined to believe that in scarcely any county had more than a half of the land tax been redeemed, and in many not a third. He could not consent to the House going into a committee, unless some adequate substitute should be provided for the check that would be removed. He saw no difficulty in the case as the law stood at present, and no necessity for such a bill as the present, especially at a time when a general election was so near. He should therefore move, That the House do resolve itself into the said committee on that day three months.
thought some such remedy as that proposed by this bill was necessary. Though the present measure was imperfect, it did, to a certain degree, obviate the evil complained of. But, at this time, he thought it would not be wise to pass such a bill.
contended, that the bill was necessary. As the law now stood, freeholders were either put to a great expense as to the certificate of the redemption of their land, or were prevented altogether from exercising their elective rights.
said, he could not approve of the present bill. As the law now stood, where the land tax was redeemed, the freeholder might, at an expense quite trifling, obtain a certificate which would serve his purpose. He therefore could not suppose that the freeholders of the kingdom thought so lightly of the privilege of voting, as to lose that right by neglecting the means necessary for its exercise. He admitted that the present law of registration was very defective, and he would heartily concur in any measure for its complete amendment in this respect, but he could not approve of the present bill.
strongly supported the bill. If the measure itself was good, the general election being near surely could not be considered by the House as any conclusive argument against it.
opposed the bill, as being unnecessary.
stated, that by the act of queen Anne, no person could be entitled to vote if he had not been assessed six months before the time of election, which had proved a most useful check against fraudulent votes. The land tax redemption act had no doubt added to the difficulty of ascertaining the real voters; but the existing law was not to be abrogated without a substitute being provided in lieu of it, as otherwise much confusion would inevitably ensue.
observed, that the great objection to the present state of things was, that the law had become wholly inapplicable, in consequence of the redemption of the land tax. Under the present system, a wide door had been opened for perjury, as an individual who would not scruple to commit that crime, might easily swear that his freehold lay in a district where the land tax had been redeemed. A door was opened to abuses of various descriptions, as a candidate who had the command of money, and chose to expend it in that way, might make as good votes at the expense of 8l. per man, the very day before the commencement of the poll, as if they had been a whole year upon the books. At present there was no system of equal registration. The case of Ireland was not applicable to England. He marvelled much at the anxiety that had all of a sudden appeared upon this subject. Last session no objection had been made to a similar measure introduced by his hon. friend (Mr. Wynn), which involved more changes than the present bill, and which had been carried by acclamation; insomuch so, that a delay of only three days, which he (Mr. B.) had moved for, was completely scouted by the House, yet upon the present occasion the cry of innovation had been raised against the bill. He should vote for the House going into the committee.
expressed his hostility to the bill. The present register was indeed defective, but it was better than none at all. The measure under the consideration of the House, went to destroy the existing system without substituting any thing better in its place.
spoke in favour of the bill.
conceived the measure to be a most salutary one.
spoke also in favour of the measure.
The House divided:
For going into the Committee 54 Against it 90 Majority againt the bill —36
Dr. Burney's Library
The House having resolved itself into a Committee of Supply,
rose to move the resolution for the purchase of the late Dr. Burney's Library to be placed in the British Museum. He acknowledged the duty imposed on the House of attending to economy; but he by no means thought that the resources of the country were so completely exhausted as not to admit of their affording that encouragement to literature which the acquisition of this valuable library would give. In times of greater pressure similar votes had been acceded to, that for the purchase of the Elgin marbles for instance; and he was persuaded that there was no hon. member who had seen that noble collection in the place which it then occupied, who did not rejoice that the vote by which it had been acquired for the public had been carried. The library of the late Dr, Burney was of the most valuable description. Among other things, it contained the most complete collection of Greek literature that had perhaps ever been in the possession of any individual. It was not necessary for him to enlarge on the expediency of not permitting such a collection to be dissipated—a collection which it might require many centuries again to accumulate. This part of the late Dr. Burney's library was enriched with manuscript remarks by himself, professor Porson, and other eminent scholars. Adverting to the sum which the committee, to whom the consideration of the subject had been referred, recommended to be given for this library, he observed, that on the best inquiry, it appeared to be a price reasonable and fair on the part of the public, and that on the other hand it was one with which Dr. Burney's executors were quite satisfied. He hoped, therefore, that the committee would agree to the resolution which he would move, namely, "That a sum, not exceeding 13,500l. be granted to his majesty, to enable the Trustees of the British Museum to purchase the Library and Collection of the late Dr. Charles Burney, and that the said sum be issued and paid without any fee or other deduction whatsoever."
felt it his duty, however odious and unpopular the performance of it might appear, to oppose the present motion. He entertained no doubt of the value of the collection; but it was of a nature to gratify individual curiosity rather than to promote any object of public utility. Allusion had been made to the purchase of the Elgin marbles, an application of public money which he had resisted at the time, but which formed in his opinion a different case. They consisted of extraordinary productions recommended by their great antiquity, brought here at a great expense, and constituting a noble study for the artists of this country. In the state in which our finances now were, and when it was found impossible to make good the public engagements, he could not consent to spend a single shilling upon any object of indulgence or curiosity, however liberal. It was not pleasant to him to make these remarks, but he considered them to be due upon every principle of justice to the public creditor.
contended, that this was not an absolute grant of 13,500l. because there were duplicate volumes in the library, which would of course be sold, and which would produce not less than 3,000l. in the mean while the usual allowance of parliament to this institution would be withheld until the remaining 10,500l. should be repaid to the country. The country would thus be possessed of a library of which it might justly be proud, containing at least double the amount of classic authorities for reference than were to be found in any other public library. The object, too, of their collection would be defeated, and would no longer be a national object, if they were allowed to be sold by auction, and were thus scattered through the hands of individuals. Two of the works in this collection were objects of extreme rarity, and the whole library had the advantage of being arranged, and even annotated upon, by one of the best Greek scholars in the world, who had made those remarks and annotations expressly with a view to publication; in which view he had been, unhappily for the world, defeated by the visitation of Heaven. These annotations would be thus placed at the service of the public and of scholars, who might render them of general benefit to the country. Attached as he was to classic learning, he could not help thinking these stores of knowledge, of as much importance as the acquisition of that which cost the country 44,000l., and stood upon very different grounds. The collection also contained complete sets of newspapers from the earliest publication of any thing in that shape; and as these were not only records of the times, but histories of the progress of our constitutional freedom, he most sincerely hoped the House would feel a warm interest, as friends of freedom, in preserving them entire.
said, he should have concurred in the vote with the more pleasure, if the facilities of admission to the British Museum had been greater. It was now necessary, that a person, to obtain admission, should apply to a trustee, and as these trustees were men of high rank, this threw a difficulty in the way of unknown scholars. He understood, too, that the Museum sold its duplicates. How was the money so obtained disposed of?
said, he should be sorry that any such impression should go abroad as that the British Museum was difficult of access to the public. It was at present sufficiently open to those who wished to visit it, and he should not wish to see it more so. In Paris, where the library was open to all classes without distinction or check great depredations were committed. He hoped no such system would be adopted here. As to the purchase of the library of Dr. Burney, he was of opinion it ought not by any means to be neglected, as it was probable such another opportunity would not again be afforded of adding to the library of the British Museum. Even if the sum proposed were much larger, he would vote in favour of it, as he conceived it was of more advantage to lay out a large sum on such a collection, than to give an annual grant of a less sum.
said, he should not allude to the question of economy; but he doubted whether a case was made out for the interference of the state. The cases in which the state should interfere to make purchases of the kind now proposed, should be when the things to be purchased were at once of extreme rarity and extreme utility. In the case of the Elgin marbles it had been alleged that the possession of those rare examples would inspire our sculptors with the genius of Grecian art. Public utility appeared to him to be the indispensable and only object on such an occasion. Could that be said to be the character of the collection which the House was now called upon to purchase for the country? It consisted chiefly of curious manuscript copies of Greek plays, with the annotations of learned critics. This might form a fair subject for the admiration and study of virtuosi but presented no additional source of improve- ment to the arts, to national history, or to useful science. He could see no reason why the state should interfere to take the cultivation of this branch of learning from the patronage of individuals, or rescue it from that oblivion into which it might otherwise fall. He understood that the collection contained no one new Greek tragedy; and how could the public be interested in the solution of obscure passages, or in contradictory comments on an antiquated usage? If it could be shown that there was in it any Work which might impart new light to the truths of philosophy, any addition to the present stock of historical knowledge, or even a single fragment of ancient oratory, he would cheerfully vote for the motion. As it was, although he was fully disposed to admire and even reverence those who excelled in these liberal pursuits, he considered that the promotion of them ought to be left to individuals.
said, that he had been a member of the committee that recommended the vote which had produced the present discussion, and felt therefore sufficiently disposed to vindicate them in the course they had pursued. He should not, however, have thought it necessary to say any thing in support of the question, after the just and forcible observations of his hon. friend near him (Mr. F. Douglas), did he not think it incumbent on him to enter his protest against all that had just fallen from the hon. and learned gentleman, the representative of the city of Oxford, [a laugh.] He could not avoid expressing his decided disapprobation of every one of those reflections which had been cast upon that sort of literature that had hitherto formed the basis of education, not only in this country, but in every nation of Europe, Had not those works, which were now described by the hon. and learned gentleman as the objects of an idle curiosity, been the earliest study, the constant exercise, the favourite models of the most eminent and accomplished of mankind? Did the hon. and learned gentleman really believe that philological knowledge, that the nice discrimination of the sense of words, which to the ignorant or superficial observer exhibited no shade of difference, could communicate no advantage beyond the powers of verbal criticism? If such was the hon. and learned gentleman's opinion, it was an opinion fatal to the whole established system of education; the fundamental principle of which was, that it led indirectly and insensibly to an acquaintance with moral, historical, and political truth. It had been found by long, by universal experience, to be the happiest means of familiarizing the minds of youth to useful knowledge, and of breathing into them those generous and sacred sentiments which bind tip the greatness of individual with the glory of a nation. He should be sorry to see any branch of knowledge undervalued; but inasmuch as this branch involved the elements of our morals and our taste, it was of more extensive importance than any pursuit of what was commonly called science. It was too much to hear the charge of wasteful expenditure directed against such a purpose, in a country which had more successfully applied the fruits of learning and science to the business of life than any other;—the country in which a Watt had, by the persevering application of a single principle, surpassed every other individual in the degree in which he had added to the wealth and resources of the state:—in which a Davy, among the brilliant series of his discoveries, had at length invented the means of saving annually a number of human lives. Surely this was not the nation in which it should be said, that knowledge and science were articles of luxury, matters intended for the indulgence of the opulent only. It must have been a hasty consideration of the subject that had induced the hon. and learned gentleman to make a degrading exception of classical literature; and he was still more surprised that it should be distinguished from works of design, as having less claims on the patronage of the state. He admired the Elgin marbles with as much fervour as his knowledge of the art enabled him to feel; but why were the remains of ancient sculpture to survive the productions of ancient orators and poets?—Why was the statuary who restored the one, to take a higher seat in public favour than the Bentleys or the Persons who illustrated the other? The present system of education could not be properly judged of without a reference to its general operation on the minds and morals of society, which, in his opinion, were most favourably influenced by that feeling of enthusiasm for ancient writers, and even the disposition to exaggerate their merit, which it tended to inspire. He had only to add, that the literary honour of the country was an object of no inconsiderable magni- tude in his eyes: and that, with regard to the rules and regulations prescribed by the guardians of our national repository on the admission of strangers, he had reason to believe they were framed and applied in such a manner as to afford every facility to studious men, with as free an access to the public in general as was practically consistent with the objects of the institution. [Loud cries of Hear, hear!]
The Resolution was then agreed to.
Conviction of Offenders Reward Bill
On the motion for the re-committal of this bill,
said, he must object to the Speaker's leaving the chair, as he considered the measure to be injurious to the country, by defeating the ends of justice. As a magistrate, he was persuaded that the present system had stimulated the officers of police to exertions of every kind; but, disapproving generally of the proposed measure, he, nevertheless, still coincided with that part of the bill which facilitated the payment of the expenses of prosecutors.
observed, that this bill provided that persons engaged in apprehending and bringing felons to justice should be duly rewarded; and therefore there was no ground for the objection of the hon. baronet, who was no doubt as anxious as any one concerned in framing the bill, that the system of rewards should not be such as to induce persons to get up crimes and instigate criminals, merely with a view to their own profit. It was solely with a view to put an end to this mischievous system that the present bill was brought forward.
objected to the bill, because it would excessively overload the county rates, already so highly burthened.
The House having resolved itself into the committee,
said, he wished to propose one or two amendments to the bill. What he should suggest would be not certainly to abolish the reward or rewards due upon the trial and conviction of an offender, but simply that it should henceforth be left to the discretion of the judge or justices of assize to apportion such compensation as might appear fit, or even to refuse it altogether in the same case. When men had no longer a right to claim the rewards, they would have no temptation to conspiracy; and, on the other hand, there would remain a due encouragement to those who exerted themselves with honesty for the apprehension and conviction of offenders. He still contended for allowing the fee of 5s. to the clerks of assize, for making out the judge's certificate, on conviction of the offender, but with the provision, that if any clerk should demand a fee beyond the 5s. he should then be liable to a prosecution for the same. The hon. and learned gentleman concluded by proposing his amendment with respect to the payment of rewards on conviction by the judges or justices, and also that respecting the fee of 5s.
objected to this clause altogether, as by no means calculated to prevent the repetition of those crimes at which humanity shuddered. The present law, he observed, gave a reward of 40l. to the informers on the conviction of an offender, to be divided among those concerned in the prosecution according to the discretion of the judge presiding at the trial. His hon. friend in this bill, proposed to take away this reward altogether, leaving a discretionary power to the judge to grant the prosecutor the expenses attending the proceeding; but the clause proposed by his hon. and learned friend still left the reward, only giving the judge a discretion to withhold it or to apply it, as it might seem proper. There was, however, this great objection to the clause, namely, that it required the conviction of the prisoner before any reward could be given.
here interrupted sir Samuel, saying, that although such appeared on the face of the clause, as given in by his hon. and learned friend, yet it was intended to give the judge the power of awarding compensations in case of acquittal, as well as conviction.
, in continuation, said, that this certainly altered the case considerably. Still, however, he had strong objections to the clause, which, by suffering the reward to exist, only required the informers to make out such a case as would deceive the judge as well as the jury, and induce him to grant a certificate. He commented upon the rapacity of police officers, not only in London, but also in other great towns, and stated, that in Birmingham a case had lately occurred, wherein police officers had earned 120l. by the conviction of three boys. Rewards had the necessary effect of warping the evidence, and of inducing informers to give a colour to their testimony, calculated to achieve their object in the conviction of the prisoner. The system, besides inducing persons to conspire against the lives of innocent individuals, created in witnesses an eagerness for the conviction of the prisoners, quite revolting. The nearest relatives were seen not unfrequently perjuring themselves to obtain the reward by the death of their kinsfolk, and he had himself known a case where a father had evinced the most shocking anxiety for the conviction of his own son. There was another dreadful evil attending this system, that police officers in the metropolis and other large towns, were anxious to support nurseries of crimes, in hopes that those poor creatures entrapped by themselves might eventually become profitable to them. He would then ask, in what respect the clause proposed by his hon. and learned friend would prevent those evils. If a reward was given to those who apprehend and prosecute criminals, as well in case of acquittal as conviction, all persons so engaged would exert themselves to obtain the highest. Alluding to the pardons lately granted to Brock, Pelham, and Power, he observed, that those persons had been improperly prosecuted, and were convicted of crimes of which they had not been guilty. Pardons were, therefore, very properly extended towards them. The public, however, not being aware of the circumstances of the case, were outraged at the idea that pardons had been granted to those who were least deserving of mercy. This arose from the practice of taking special verdicts in such cases—a practice which he thought might be with great propriety put an end to.
said, that every man must be averse to any system which would tend to create or encourage crime; but the amendment of his hon. and learned friend went not to a fixed reward; that was, a reward, upon a share of which every person prosecuting could calculate. It was true, there was a reward left, but it was left uncertain to the parties and wholly at the discretion of the judges, who might give it in such proportion as they thought fit or might withhold it altogether. There was, besides, another very desirable thing which would be accomplished by it, namely, that the reward was not to depend on conviction, but to be given only in cases where the parties seemed, by their conduct, to deserve it.
conceived, that if the amendment were carried, there would scarcely be any remedy to the law as it at present stood. The bill, he contended, went much more effectually to prevent the giving false evidence than the amendment, for it did away with the parliamentary reward which was hitherto the great temptation to those scandalous scenes the country had so often witnessed. It would be impossible, while the parliamentary reward was continued, to erase from the minds of certain prosecutors, against whom the bill intended to guard, the belief that they were to be paid for conviction. But if the discretion of the judges were left to point out the amount of the reward, then, indeed, a most effectual check would be put to the base desire of conviction from the hope of gain. False accusation had of late become a most flourishing, though an accursed trade, and it was necessary to do the utmost to put an end to it. The design of the other side by this proposition seemed to be to appropriate to themselves the whole merit of the bill without the accomplishment of that object which was most desirable.
said, that the objection between the gentlemen at each side of the House was in some degree confined to a matter of form, except in one point, namely, the limitation of remunerating persons engaged in the prosecution of criminals, which he thought was an object of very considerable advantage. He entered his protest against the broad assertion made by an hon. member, that the system of granting rewards had been productive of great confusion throughout the country. He had been engaged for fourteen years on the Midland circuit, and had never known a single instance to justify such a statement.
said, that a very considerable difference existed between the bill and the clause proposed by the attorney-general; for that clause permitted the statutory rewards still to continue. He did not know what the hon. and learned gentleman might think a sufficient proof of abuse arising out of the system of rewards; but, to his own mind, the conviction of five innocent men, which had happened not long since, offered a sufficient proof of the necessity for introducing some alteration in the existing system.
After some farther conversation the Amendment was agreed to, and the House resumed.