sented to the last year-the further suspension of this act. But our situation was different then: the house had received an intimation from his majesty that there was a preparation for the invasion of this country, and that many were ready to aid and abet the design; in addition, there was a bill of indictment for high treason found by a grand jury against certain persons: whether either of these things would have been sufficient for the suspension of the habeas corpus act he need not argue, it was enough that both united were sufficient. But now there was no apprehension of invasion, no danger from seditious spirits; and without the same grounds he could not vote in the same manner. With regard to the gaols, he considered their abuses as reasons also for his change of conduct. If men were treated as felons when nothing was against them but suspicion; when a gentleman suspected of treason was to be punished in the same manner as a person convicted of crimes; it was a part of justice to oppose the continuance of this measure, nor could he vote in conscience the fur ther suspension of the liberties of Englishmen.

The attorney-general, in an elaborate speech of considerable length, exonerated the court of king's beuch from the charge of severity respecting libels. He had examined, he said, its records, and traced the history of its proceedings, to enable him the better to judge how far accusations of this kind were just; and the result of his inquiries authorised him to affirm, that never since the law had taken cognize ance of libels were the sentences of the courts less rigorous. If gentlemen would only take the trouble to compare them now with any period since the revolution, it would

be clearly seen that the judges of our time, without neglecting their duty, had much softened the character of punishments in general, and that the punishment of libels in particular was not sufficiently severe. Formerly the practice had been for the attorney-general of the crown to direct the punishment when persons were brought up for judgment; but he had acted upon a sen timent of a distinguished and infinitely able lawyer, lord Thurlow, who first disused the immemorial practice of directing it: and if the tempered and mild judgments of the court did not wholly arise out of this circumstance, certainly much kindness and lenity succeeded it. Let them look at the state trials of 1794, and they would find, that public meetings were held for the purpose of propagating sedition; that not merely the ministers of the crown, but every institution, religious, political, and moral, was libelled, with every individual in whatever conspicuous situation he might be placed. There were cor responding societies and coresponding clubs, instituted and affiliated, not for the purpose of making the members responsible for their conduct, or to procure a constitutional reform of any abuses, but for the purpose of destroying that house, of erecting a convention on its ruins, of overthrowing the government, and in its stead to introduce the wild and graceless system of a neighbouring country.

Did not the leaders of disaffection justify every libel, and encou rage every outrage, on the character and conduct of parliament? But to speak more immediately to the subject in question. What was the case of Mr. Smith, of whom, in strains of lamentation, so much had been said? It was this: Mr.

Smith was secretary of the corresponding society. Certainly it was not illegal to have been so, but it was no high proof of loyalty. He had published libel upon libel; and if he had been prosecuted for each, no single life could have longevity enough to pass through the series of the years of imprisonment to which the law in its wisdom might have consigned him. Had the honourable gentleman, who pleaded so strenuously his cause, ever perused the pamphlet entitled The Duties of Citizenship? It inculcated anarchy and treason: every thing sacred, honourable, and good, in the nature and character of institutions and men, was there blasphemously and wickedly libelled and traduced; religion and its ministers were held up to ridicule; the law and its officers were misrepresented and vilified; his Britannic majesty was mentioned with contempt; and that constitution under which so many blessings were enjoyed was made the theme of unfounded and unprovoked invective. It was the duty of every person to read this book before he censured in the British house of commons, and condemned, the proceedings of the court of king's bench! It was a delicate subject to discuss the verdicts of juries and sentences of judges; but to comment without discriminating; to comment in perfect ignorance, betrayed not less of temerity than want of candour, and, in such a crisis of affairs, was not only unkind but inflammatory. Towards Mr. Smith he assured the house that nothing harsh or severe in his confinement had proceeded from government, nor he believed had ever been experienced. When Mr. Smith had made some complaints, lord Kenyon directed an inquiry into the

truth of the case; and the result was, that the governor of the prison and the physician testified that it was a proper place for confinement, and that every possible attention was paid to the health of the prisoners. He could not dismiss the subject without some observations on its being called a Bastile: it was reserved for the beneficent and moderate age of philosophy and the rights of man to call those places Bastiles, which were instituted for offenders against the law. This kind of scandal claimed close kindred with the revolutionists of France; for our prisons were first called Bastiles by the orators of Copenhagen-house and Pancras' fielda, who used it not only in their public harangues, but in confidential letters, so that we could trace it most distinctly to the hot-bed of anarchy; and now it was only used by persons willing to propagate French principles, and destroy the English government. But to return to the treatment of prisoners: If it could be proved that since the suspension of the habeas corpus act a few persons had met with some rigour; nay, if there existed many instances of the kind, much as he should lament it, it would not be sufficient to withhold the act. He knew not who were the visitors of places where suspected persons were confined; but surely they might have inquired of the sheriffs concerning the truth or falsehood of the representations of prisoners. Had this conduct been pursued, imposition would have been detected, and the accusation would not have been brought forward in that house. He mentioned the state trials at Maidstone, and reminded Mr. Tierney that his vote for the suspension of the habeas corpus in the last session was given because the grand jury had

found

found a bill of indictment for high treason. The parties were tried, one was found guilty, the rest were acquitted; but, after the attempts in Ireland, it was evident that all of them were implicated in a design to invite France to invade England. The evidence, it was said, was collected from spies; but it must be remembered, that this description of persons was always more calamniated as they spoke more truth. Ministers could not be justified to let the government take its chance against internal traitors, by not using means of safety on the evidence of such men. He concluded with observing, that, whilst any hope were entertained by the United Irishmen of severing that country from this, their correspondence with the disatfected here could only be through the agency of individuals; but it would be from society to society, if there were any United Englishmen who had the same views as the United Irishmen.

To thwart these views, to frustrate the designs of all who sought to overturn the civil, religious, and moral government of the world, was the great object of the power which the wisdom of the legislature had lately entrusted to the executive government; to continue that power for a limited time, under the most urgent necessity, was the object of the bill now before the house, and therefore had his most hearty consent. Mr. Burdon said, that he himself had visited the Cold Bath Fields' prisons, and had seen nothing to justify the complaints of the illtreatment of the prisoners; it was necessary that a jailor should be trusted with that authority which was essential to the safe custody of the prisoners, and the police of the prison. The residence of state prisoners there, was by no means an 1799.

agreeable circumstance, being a thing for which the place was not designed. With respect to regula tions every thing seemed to be conducted in the best manner, of which such an establishment was capable. The state prisoners had an allow ance of 13s. and 4d. a week, and much neatness, regularity, and propriety, appeared throughout the place.

Sir Francis Burdett was convinced, that great severity, in some instances, had been used. What must be the situation of a cell seven feet square after a person had been confined in it some hours, or when persons were confined for many weeks without being permitted to go out, but for a few minutes to wash themselves? In these cells there was no wood or paper to keep the persons confined from the contact of the wall; and in wet weather, or after a frost, it was evident, that a brick wall must be so damp as to be extremely insalutary where no fire was allowed. But these matters, he agreed, were not strictly in point before the house, only it was the interest of government that men who were taken up under the suspension of the habeas-corpus should not be treated more rigorously than the circumstances required. It was the duty of that house to take care, that the extraordinary powers which it granted should not be abused, and it possessed the power to grant such an inquest as was ne cessary to put an end to oppression, if there was proof that it had been exercised. The proceedings of goverament, and the judgment of courts of law, had been defended by the attorney-general in cases of libel: certainly that matter was not connected with the present subject, nor had it any reference to persons taken up under the suspension of C

tion had been the pretext for deep designs of treason; it had been the veil employed to conceal the plot for disuniting the two countries. Reform had been the term, and destruction the meaning. And when these precautions, in recent as well as early periods of our history, bad enabled us to avert the danger which impended, it was the duty of the hoose to accord such powers as alone could be efficient for our preservation.

Mr. Wilberforce said, that a great deal of misrepresentation had arisen upon the subject of the prisoners. The charge of ill-treatment, which had been made, was certainly of a very serious nature: it was no light thing to say, that the executive government could be so malignant as to exercise any rigour towards them further than was necessary for safe custody, and to prevent them from taiating the minds of those with whom they had communication. Many of the regulations which prevailed in this prison were recommended by the excel, lent Howard, and were superintended by several persons who had an active share with this benevolent character in inquiries upon the subject. Different boards existed to receive information of the state of the prison; one of these boards met once a week, and the minutes of their proceedings would throw much light upon the question. Nothing could be more satisfactory than the account given of the health and situation of the prisoners. Their food consisted of as good legs of mutton and pieces of beef as he had ever seen at his own table. The utmost cleanliness prevailed throughout the place. Of two hundred and forty (the number which the prison contained) the sick were only three, and the deaths

It

for the whole year only two; though if the state of many of the persons when they came in were considered, the place resembled an hospital rather than a prison. The minutes to which he alluded would show what had been the conduct of some of the prisoners, and the necessity of watching them with care. was stated by the chaplain, that two of the persons confined (Burkes and Smith) had behaved so ill at church, had so openly expressed their contempt of the worship, that he proposed in future their attendance should be dispensed with. Mr. Smith's authority had been quoted for the hardships he suffered; but, in a letter to his wife, he stated that he was in a better situation than he could have imagined, and particularly disapproved of those who styled the prison a Bastile. This instance should not only teach gentlemen to beware of taking up their opinions lightly, but it ought to teach the public to distrust representations given upon such partial testimony. To prove afterwards that it was false, did not correct the evil. He trusted that, for his own part, he was not the last to feel what was due to individual suffering; but there were also duties owed to the community, and he well remembered the words of lord Hale, who, when asked how he felt when he pronounced sentence of death on a criminal, replied, "that he felt for the country as well as the prisoner." Mr. Wilberforce recommended this example to the gentlemen on the other side the house, who seemed tremblingly alive to the situation of people taken up on suspicion of the greatest crimes, but disregarded the fate of the nation. Those who believed it to be in danger ought not to re lax their efforts, or deprive the ex-. C 2

ecutive