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mented public character (Mr. Pitt), at an motion had been made. Part of it, how: early period of his life, had intended to ever, appeared to him to be so contrary have a digest made of the whole of our to what he had always understood to be criminal code, with a view of lessening, in the constitutional principles of this couna great degree, the number of capital try, that he could not sit still in the house, punishments which it contained, and the and, by his silence, seem to give a tacit objections to which it was impossible to acquiescence in the propriety of the proconfute. He congratulated the house and position. He thought it his duty, therefore, the country that an individual so well to say, that from what he had heard, he qualified for the task by his ability and was by no means impressed with a favourexperience as the hon. and learned bart. able opinion of the bill proposed to be had turned his attention to this most im- introduced. It was to his mind a grievous portant subject.

consideration, that after a verdict of acSir John Newport said, he could not help quittal by a jury of his country, it should expressing surprise at what an hon. gent. be possible to tell any man that he was (Mr. Herbert) had stated as to Ireland. not honourably acquitted, but that an He was at a loss to know in what part of imputation of guilt still attached to hiin. Ireland the prisons were so comfortable, What a grievous responsibility must, in as to prove an inducement to indolent per- this case, attach to the judge, who was, sons wishing a confinement. He believed after a verdict of acquittal by the jury, the gaols were so far from being commo- to determine whether that acquittal was dious, that they rather excited horror and honourable or not. If this doctrine was to detestation, and many instances had oc- be sanctioned, in his opinion it was concurred where men's toes were eaten by trary to all the old established principles rats: was this the accommodation the hon. of the constitution of this country, and as gent. thought so agreeable as to be prized such could not meet with his approbation. by the Irish people?

-Leave was then given to bring in the Mr. Herbert, in explanation, said, he bill. still believed there were many persons

Sir Samuel Romilly then again rose. He who led a life of idleness, who would think was sorry that he had been so much misthemselves well accommodated in the gaols understood by the hon. baronet, who seemof Ireland.

ed to conceive that, in the motion which Sir G. Hill contended, that in Ireland, he was about to submit to the house, any and particularly in the province of Ulster, thing was included but the general questhere was as much humanity on these sub- tion, whether persons accused, tried, and jects as in England.

acquitted, should or should not be entitled The Solicitor General, professing, as he to compensation for the injury which they felt, the most unfeigned respect for the sustained. The mode of deciding to whom ability and zeal of his hon. and learned this compensation should be awarded, or friend, who brought forward the present whether it should be given to all indiscrimotion, was by no means satisfied that it minately (which he should prefer to withwould produce the benefit expected from holding it from all) would be open for it. He was not, indeed, prepared to say discussion when the bill was brought in. whether the good or evil it might produce He moved for leave to bring in a bill to was likely to preponderate. In this situa- provide in certain cases compensation to tion he should only lay in his claim to persons tried and acquitted in a criminal approve or disapprove of the measure, as, court, for the damages sustained by them, on more mature reflection, he should be in consequence of having been detained in of opinion it merited. Whether the at- custody and brought to trial. tempt to grant compensation to persons The Solicitor General repeated, that in acquitted of offences imputed to them, the view which he had of the subject, the might not be productive of greater evil evil would preponderate over the good. than good, was not now the question.

He If the judge refused to give compensation, was certainly inclined to think, that how it would be indicative of the unfavourable ever plausible the theory, the practice opinion which he entertained of the innowould be very injurious.

cence of the person by whom it was deSir Francis Burdett felt himself bound to manded; and he would thus be placed in pay the tribute of his testimony and ap- a very invidious situation. Besides, supprobation to the ability and motives of the pose a person were acquitted on an error hon. and learned baronet, by whom this in the indictment before the merits of his You, XI.

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case were investigated, how could the judge then decide on a claim of compensation? As a novelty, this proposition ought to be watched with jealousy. It appeared to him to be impossible to execute it, without much mischief. If the compensation were to be made out of the county rate, it might prove a great discouragement to prosecutions, or in the event of a trial, that circumstance might operate on some minds against the accused. He should vote against the bringing in of the bill.

recent evening by an hon. baronet (sir Francis Burdett) when he was not present, hoped the house would allow him to make some observations upon that statement. He trusted that they would the more readily agree to this, when they considered how much the character of the noble lord and of the country at large was implicated in that statement. He understood that the hon. baronet had been advised by the chair to postpone any further agitation of the subject, until the judgment of which he complained should be followed Sir Samuel Romilly declared his surprise up by some legal proceeding. He was that his hon. and learned friend should disposed to think that the house would resist the introduction of a bill, of the hear no more of this business from the provisions of which he must necessarily hon. baronet, in which case the impube ignorant. With respect to the propo-tations that had been cast on the conduct of sition being a novelty, it was to be regretted that there had not been more novelties of a similar description.

Mr. Leycester said a few words, in the course of which he expressed a wish, that his hon. and learned friend would withdraw his opposition to the introduction of the bill.

The Solicitor General acquiesced. Mr. Croker entered his protest against being thought favourable to the principle of the bill, because he did not oppose its introduction.

Mr. Curwen approved of the measure. Sir F. Burdett would certainly not oppose the bringing in of the bill.

The Chancellor of the Exchequer also declared that he would not resist the introduction of the bill, although he wished that the hon. and learned baronet had stated more fully the grounds on which he proposed it, and the provisions which he meant that it should comprise. He was of opinion that the remedy proposed would be more injurious than the evil complained of.

Mr. Fuller was afraid that by the introduction of such complicated arrangements, people would be so puzzled that they would not understand the law at all.

Mr. Shaw Lefevre applauded the humanity of the hon. and learned baronet, but hoped he would pardon him for stating that county stock ought not to be touched except in extreme cases.

Mr. W. Smith defended his hon. and learned friend from the charge of innovation. As to the measure being a novelty, every improvement was a novelty.-Leave was then given to bring in the bill.

[LORD ELLENBOROUGH.] Mr. Leycester, adverting to the statement made on a

the noble chief justice of the King's-bench, would remain unanswered, and

Mr. W. Smith spoke to order. Unless the hon. gent. meant to conclude with some motion, his observations were very irregular.

Mr. Leycester was not prepared to make any motion; but as the hon. baronet had made his statement, he trusted they would allow him to make a counter statement, under the same circumstances. He was proceeding, when he was again called to order by

Mr. W. Smith, who observed, that unless the hon. gent. would move for some paper, such observations could only lead to disorderly discussion.

Mr. Leycester then stated, that he would conclude by moving for the production of an order of the court of king's bench, for the discharge of a rule moved for in that court for a new trial in the action brought by the high bailiff of Westminster against sir Francis Burdett.-On the suggestion of the Speaker, however, who intimated that it was usual to give a formal notice of such a motion, Mr. Leycester abstained from any further remarks, and gave notice, that he would move for the production of this paper to-morrow.

[SUGAR DISTILLATION.] Lord Binning was desirous of postponing his motion for taking into consideration the report of the committee on the distillation of spirits, until to-morrow, if an hon. gent. whose notice stood for to-morrow, would consent to put it off.

Mr. W. Taylor replied, that he had been that morning applied to, to postpone his motion to-morrow, relative to the Dardanelles, for the purpose of allowing the Local Militia bill to be proceeded with.

Considering the investigation of the subject of his motion as of the utmost importance to the character of the country, and having already frequently postponed it, he could not consent to postpone it any longer.

accommodation was in view, of which he declared himself perfectly ignorant,thought that Friday would be a better day than to-morrow.

Mr. Windham reprobated this sort of hocus pocus. by which the house was kept ignorant of what business would come before it. If the arrangement that seemed to have been made was carried into effect, then it would happen that the gentlemen who came down that night to listen to a discussion on the distilleries, would find themselves engaged in a debate on the local militia; and that to-morrow, those who would come to debate the Local Militia bill, would be surprised at finding themselves in a distillery.

The Chancellor of the Exchequer denied that there was any thing more in this circumstance than what frequently occurred, namely, that when the first notice on the order book was not proceeded with, the next was taken in its stead.

Lord H. Petty observed, that some disappointment must certainly exist in consequence of the postponement of the noble lord's motion; the more so, as in giving the notice on Monday, the noble lord had declared that the motion would certainly come on this day. With respect to the motion which stood for to-morrow, it related to a subject, the investigation of which it was most desirable no longer to defer.

Mr. C. Wynne lamented that the noble lord had not determined upon this postponement last night. Had he done so, the discussion of the Local Militia bill would not have been brought on so unexpectedly, and in the absence of several gentlemen who were anxious to deliver their sentiments upon it.

Mr. Curwen was of opinion, that the state of the country might be such, with relation to other powers, as to render it a precedent to adopt the recommendation of the committee.

Mr. Thornton requested that the discussion might be postponed till Monday, as his colleague and he would have an opportunity before that day of learning the sentiments of their constituents. A public meeting in the county of Surrey would be held on Saturday, and he should be sorry that the debate should come on before that time.-After some further conversation, in which sir J. Seabright, sir S. Romilly, lord Binning, Mr. Whitbread, Mr. Barham, Mr. W. Taylor, sir A. Wellesley, and Mr. Windham, participated, it was agreed that lord Binning's notice should stand for to-morrow, and Mr. W. Taylor's for Friday.

[LOCAL MILITIA BILL.] Lord Castlereagh moved the order of the day for the house resolving itself into a committee on the Local Militia Bill.

Lord Milton, in the absence of some hon. friends of his, felt it his duty to impress upon the house the necessity of post

Mr. Barham, after an eulogium on the industry and talents displayed by the noble lord in the chair of the committee, observed that he had been given to understand that a disposition had been mani-poning the further proceedings on this fested in a certain quarter to bring the parties who now differed so widely, nearer to each other in opinion. He thought, therefore, that the house would consult its own convenience, by allowing an opportunity for any arrangement to be made upon this subject.

Mr. Coke was proceeding to state his objection to the report, when he was called to order by

Mr. Brodrick, who observed, that the subject before the house was merely the tine at which the report should be discussed.

Lord Binning said, if a right hon. gent. would postpone the Dublin police bill from Friday, he would willingly bring his motion on that day.

Mr. H. Lascelles, if any thing like an

bill till next Friday. There was a very general feeling entertained, that the question on the distilleries, which had the precedence for discussion, would have prevented the order, which referred to the Local Militia, from being moved, at least at so early an hour of the night. Under that impression, and knowing that it was the intention of some friends of his to submit certain amendments and clauses in the committee, he should certainly move the postponement of the order till next Friday.

Lord Castlereagh pressed the house to proceed; and contended that there were future opportunities for those members, who were then unfortunately absent, to submit their opinions to the consideration of the house. Indeed, he did not expect a fuller

house on the Local Militia Bill than he Lord Castlereagh answe

Lord Castlereagh answered, that the then saw.

numbers were calculated by the populaMr. Windhum said, that notwithstanding tion of each county; and a narrower limithe easy, self-satisfied way in which the tation would not give the number of men noble lord expressed hinself, he should required. have recollected that if the house was full, Sir James Niontgomery observed, that last it was filled by gentlemen who came down year's Militia Bill excepted numbers on to the discussion of another business, which ihe ground of being volunteers ; but in this had been positively fixed for that night. bill, every county was ordered to find its A measure stood for that night, on which quota, without any regard to the number a great deal of discussion was expected. of its volunteers. Neither was any excepWithout any reason assigned, save an unde- tion proposed on account of the number fined assertion of convenience, it was post- of a man's children, however great ; and poned. The result was, that another inea- in this respect he thought that carrying sure, which was not expected to come on, the ballot so high as thirty-five years of was pressed before the house; and when age, would be extremely oppressive to causes were stated to postpone it, the noble numbers of poor men with large families lord replied, that the motion was unneces- depending on their industry. He theresary, because, after the details were gone fore suggested an exception in favour of through, there were other opportunities for men having more than three children; the discussion of their merits. The ques- and he also thought the hardship much tion, however, turned upon this considera- greater on men after thirty than before ; tion, that by agreeing to the amendment more especially a poor shop-keeper, or any moved by his noble friend, the only in- man settled in life, of small capital, whose convenience which was likely to result income did not exceed 1001. a year, who was, that hon. members would have ano- must in this case be driven to the necesther day to attend their duty in that house, sity of serving to the ruin of his business, whereas if the house then proceeded, no or paying a fine equal to one-fifth of his future opportunity would be offered to income, besides his liability to the income them to state their objections. The house tax, which was already intolerable. then divided : Ayes 81; Noes 37. Ma- Sir W. W. Wynne thought that by makjority 41.

ing the term from eighteen to thirty, about On readmission into the gallery,we found one in five would be drawn for service in the house in a committee, and in a discus- the county where he lived ; but the clause sion upon that clause, which determines as it stood would take two out of three of the ages between which individuals are the male population. liable to the ballot.

Lord Castlereagh said, that the commit. Sir James Hall thought that the period tee, on considering the measure maturely, of eighteen was certainly the fittest time would find that it would on no account be for

young men to commence military ser- so oppressive as seeined to be apprehended. vice, and that every year after they be- To the working manufacturer who could came less and less fit. He was of opinion earn six shillings a day, undoubtedly the that if the ballot was confined to young service would be objectionable. But it men between eighteen and nineteen, å would be no great oppression upon the sufficient number would be found to answer head of a family to be obliged, during a the purposes required, without carrying period of four years, to devote one month the ballot to men of more advanced years. I in each to make himself serviceable to his He thought the age of thirty-five much country; and with respect to the barthen too far advanced.

apprehended by parishes for allowances to Lord Castlereugh admitted, that in some the families of poor men during their abcounties the principle of the hon. baronet sence on service, it was groundless, as might answer, and produce even more such allowance was to be reimbursed by men than were wanted for the particular the paymaster-general.

As a measure of district, but in many others it would not national expence, he had now reason to at all produce the number required, and believe it would not be nearly so expenthe age must be extended.

sive as he at first imagined, from the numSir James Montgomery thought the range ber of volunteers who were coming forof years stated in the clause ioo extensive, ward in every part of the country. It as it would give a greater nunber of men was only in counties where volunteers did ahan were required.

that the ballot was to be adopted at all; and as to the alteration proposed, he had no objection to accede to this amendment, and substitute the age of thirty, in the place of thirty-five, the service to commence from the age of eighteen, provided it was agreed to extend the period of volunteer service to forty years of age. The proposition was agreed to, and the amendment made accordingly.

bill, by which the people were not to be incorporated nor subjected to any inconvenience that could render exemptions almost in any case of much consequence. Yet the teachers of schools had been there exempted. And as to the regular militia, the expence of a substitute might be much greater than 10. but the noble lord must recollect, that by insurance that was reduced to very little, and here no insurance was allowed against the fines, so that this bill must stand on its own merits, without reference to other services.

Mr. W. Smith adverted to the exemptions which were allowed to dissenting clergymen, which, in this bill, was qualified by the words, and not carrying on any other trade.' He admitted that many

Sir John Cox Hippisley called the attention of the house to the operation this bill would have on those young men at Eton, Winchester, Westminster, and other places, who were educated with a view to holy orders. The resident members of universities were already exempted, and in the same spirit the exemption ought to be extended to persons of the description frauds had been committed by persons who just mentioned. The fine, he understood, got exempted by pretending to be diswas to exempt only for two years, and per-senting clergymen. But there was a nusons who could not possibly enter into the militia might be liable to pay it three times in all. He also adverted to the situation in which young Roman Catholics would stand; especially such as were educated for holy orders. If they were liable to serve at all, of which there were doubts, they would be subject to the Mutiny Act and the articles of war, which commanded the marching to church, &c. Their situation was quite different from such of the Roman Catholics as enlisted voluntarily. He therefore moved an amendment, exempting young men engaged, bona fide, in education for holy orders in any seminary public or private, with the masters, &c.