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mously and decisively expressed in a communication to the chancellor of the exchequer their belief, that these Orders in Council could afford to our own colonies no relief, but might, on the contrary, facilitate and legalise the supply and support of the enemy's colonies. The British West India planters had been also accused of suggesting and promoting a quarrel with America. This, also, was false; for a great majority of them felt and acknowledged that war with America would be one of the greatest calamities to which our colonies could be subjected. They had, indeed, been sorely grieved by the abuses of the neutral trade, and as America was chiefly instrumental in those abuses, expressions of anger and irritation had been wrung from them in their distress. But, the remedies they had so long and earnestly suggested, were, that the colonies of the enemy should, in their turn, be subjected to the chances of war; that they should be blockaded by a portion of our great naval force, or that the rule of the war of 1756 should be enforced. And, objectionable as the latter of these measures might have appeared to America if suddenly resorted to, he was persuaded that it would have proved less so than the measures we had adopted. It might have been allevi, ated by conceding to her a temporary traffic in so much of our own colonial produce as must otherwise be wasted or brought hither to the ruin of the planter, and it might have been justly defended as a belligerent measure, most consistent with our own situation as masters of the sea, and with our unquestionable right to impoverish those sources to which the enemy must look for establishing himself as a rival maritime power. What was it we were dreading, in the event of peace, so much as that France should thereby obtain a navy? and was it not true that to her colonies principally she must look for that purpose?-It would be found on attentive survey, that the naval force of France had always kept pace with the prosperity of her colonial trade, and yet, without regarding on whom the reproach might fall, he must say, that in the long course of this contest we had been very little solicitous to prevent her from receiving back her colonies at a peace, in a condition much more prosperous than that in which we had maintained our own. If our West India colonies were not to be bene fitted by this measure, he was at a loss to conceive by what description of traders

course which is held in time of peace, as not to render assistance to one belligerent in escaping the effect of the other's hostilities. The duty of a neutral is, non interponere se bello, non hoste imminente hostem eripere;' and yet it is manifest, that lending a neutral navigation to carry on the coasting trade of the enemy, is in direct contradiction to this definition of neutral obligations, as it is, in effect, to rescue the commerce of the enemy from the distress to which it is reduced by the superiority of the British navy, to assist his resources, and to prevent G. Britain from bringing him to reasonable terms of peace."-Here was no assumption of the principle of retaliation, but a measure purely belligerent; the justice of which could not be affected by the variable and occasionally relaxed practice of nations. It did, indeed, treat as France, all that France held in absolute control; an extension consistent with the principle by which alone it was to be tried, as in practice it was not even strictly true that neutrals in peace had no share whatever in the coasting trade of individual France. They had shared in that trade before the revolution in the proportion of about 6,000 in one million of tons of shipping.-But the recent Orders in Council, retaliating upon the enemy his vain threat of blockade, which so far as America was concerned he had not attempted to execute, pronounced upon a large portion of the world, including nearly the whole of Europe, a constructive blockade, and then proceeded, with our immense naval force, to act towards neutrals as offensively as if such blockade were actually carried into effect. We boasted, indeed, of our relaxations, as we were pleased to call them, by which confiscation was commuted for revenue, but these provisions were in his opinion a vicious feature in the measure; they stamped upon it that air boutiquière, which would ensure its condemnation by neutrals. It was in vain we declared that revenue was no part of our object; America would not believe us. He would leave however the question of legality to others who would, he was sure, most satisfactorily discuss it.-As to the expediency of the measure, it was one principal motive in his rising to state, that the West India interest had neither promoted, nor approved it. There was an erroneous opinion on this subject among the public, not among his majesty's ministers, for they must well know that in Dec. last the West India Committee had unani

America, but he feared their acts contradicted their sentiments.

Lord H. Petty contended that America had submitted to no injury on the part of France, and therefore we were not enti tled to inflict any injury on the ground of retaliation. He instanced two cases of the detention of American ships, one by a Spanish, and the other by a French cruiser; both were released with costs and charges after a hearing in a French and Spanish court of prize appeal. He hoped that the same sense of public duty which had in another place triumphed this night would here also put the public in possession of the necessary information upon this important point. It was not for the interest of this country to force a war between America and France; next to a war between England and America a war between France and America would be most injurious. The neutrality of America was the means of diffusing the manufactures of G. Britain. The retaliation of French prohibition would but deprive the more wealthy among the French people of a few luxuries, while the annihilation of neutral commerce would be most injurious to the

the advantage was to be derived. It was the commencement of a war of privation by the greatest commercial nation in the world, and it must be remembered that in this conflict there might be two kinds of distress: distress from the need of buying, and distress from the need of selling; in his opinion, the latter feeling was more likely to press upon this country than the former upon France. We could not accomplish both objects, that of distressing the enemy by subjecting him to wants, and that of relieving our own trade by supplying him; one of these aims we might partially attain; but, in proportion as we should approach to it, we must recede from the other. The policy of wantonly rushing into a contest with the only remaining neutral, while we were so dependant upon foreign demand, he could not see. The conciliatory language held a few nights ago by the right hon. the chancellor of the exchequer had been hailed by him as the promise of a better disposition: that right hon. gent. had said, that the prosperity of America was the prosperity of G. Britain; and he might have added, that the prosperity of the world was the prosperity of G. Britain.-manufactures of G. Britain. The accuSuch language was not the mark of des- mulation of sugars that would be created pondency or submission, it was more apt here by the collected produce of the vato spring from confidence in moderate rious islands conquered by this country; views and in a just cause. Why should by the importation from the French islands, it not be used in speaking of other foreign in American bottoms; and by the imporrelations? it might invite or cultivate dis- tation from the Brazils, now sanctioned by positions of returning amity, and he trust-act of parliament; the arts of substitued could never be interpreted as an inclination to surrender one essential or important interest of the country. Such language, too, would discourage Petitions for Peace. The course we were pursuing must prolong our own commercial distresses, and, in his opinion, would have no other effect on the enemy than that of furnishing him with a new stimulus to the enthusiasm of his immense armies, in maintaining the contest against us until what he would denominate our maritime tyranny should be effectually controlled.

He

tion which the French people would learn, and the privations to which they would accustom themselves, would be lasting injuries to this country and her colonies, Thus, this measure, which promised so much benefit at the outset, was attended with much mischief in the result. deprecated proceedings which would involve the country in a quarrel with the only remaining neutral. He ridiculed the idea of those who abused the Order of the 7th Jan. as imbecile, and who now quoted it as authority of force in this question," Mr. W. Smith felt particularly the inju- and who, in like manner, censured as ry that would be sustained by the interrup-ruinous invasions of the navigation act, tion of the American corn trade, shut up and deprived as we were of all supplies of that essential necessary from the Baltic. The right hon. gent. who brought in this bill in one hand, ought, therefore to have brought in a General Inclosure bill in the other. He greatly rejoiced at the sentiments expressed by the right hon. gentlemen as to the value of the connexion with

the provisions of the act of last sessions, for allowing the Americans to import the necessaries of life into our West India colonies. He trusted the house would pause, before it gave its sanction to a measure of such effect, and so little founded in right and law.

Lord Castlereagh contended that the Orders in Council were founded on a principle

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held the language contained in lord Howick's answer to Mr. Rist; rather should they now maintain the principles which they then professed, at a time, too, when the dangers of the country were not so imminent as at present, The consequence of a war would be the loss to America of her whole export trade, whilst only onefourth of our exports would be endangered by that event. Our means of shutting American produce in her ports, in consequence of our vast marine, were far more extensive than her internal means of excluding us, and, consequently, a considerable portion of what this country now exported to America, would find its way into that country notwithstanding a war. We were not, from the mere apprehensions of a war with that country, to shrink from the assertion of those maritime rights which were so essential to our national strength and prosperity. The question now was, whether we were to be conquered by the French or not? Buonaparte had essayed his military warfare against us ineffectually, and he was now trying the success of a commercial warfare. It was an attack upon the public spirit of the country, and he was convinced the nation would not decline the contest. In order to obtain any peace with France, in order to made her live in peace, we must prove to her that she can make no impression on us. The only prospect of living with that country in civil or political intercourse, was afforded by a perseverance in the war, till by a proud defiance of all her means, we should convince her of her inability to destroy or weaken ours: so might we enjoy relations of amicable intercourse, not of suspended warfare with her; but that could never be expected, till we should have established the proof that no instrument she could employ, would avail for the reduction of the power or the resources of this empire.

of forbearance towards America, and not likely to injure their commercial interests in any degree, as much as the adoption of the rule of the war in 1756. The statement contained in the answer of lord Howick to Mr. Rist, that the government of this country would not cease to act upon the order of the 7th of Jan. until neutrals should procure the revocation of the French Decree, but ill accorded with the sentiments expressed by the noble lord opposite (lord H. Petty). Whatever relaxation of the rigour of its decree the French government might have found it covenient to adopt at home, it was most rigidly enforced in all the French colonies. It was not till after the peace of Tilsit that France found herself in a condition to execute that Decree generally over the continental countries subjected to her controul. While she was excluding our produce from all parts of the continent, was this country to submit without throwing any impediment in the way of her supply of her colonial produce? If the rule of 1756 were to be applied to America, it would deprive her of full one half of her exports. Could the noble lord contend that it was not an advantage to America that we had not declared the enemies colonies in a state of blockade? The Americans would have no right to complain of the duties proposed to be laid on, because they were only the carriers, and the duty would, of course, fall upon the consumers. As to the effect that might be produced upon the commerce of this country by the state of the continent, he admitted that its exports might for a time be checked, but that could not last long, because no pressure could keep down the vast extent of territory under prohibition, in such a manner, that the interests of individuals would not induce them to procure such articles as might be necessary for them. As to the question relative to our relations with America, he could assure the house that he and his colleagues were extremely anxious to avert the interruption of peace and amity with that country. If the calamity of war should unhappily take place, whenever the conduct of his majesty's ministers should be brought under consideration, it would be seen, that no effort had been spared in order to prevent it. If war should be the consequence, it would appear, that no concession or submission could have prevented it. The arguments of the noble lord came with a bad grace from those who had

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The gallery was then cleared for a division, when the numbers appeared― For the second reading Against it Majority.. division took place upon the question, That While strangers were excluded, another the Bill be committed this day

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HOUSE OF COMMONS.

Friday, February 19.

the forenoon: They there discovered, that all the loaves found by them (each of which ought to contain 16 ounces, and to be distributed daily, at 10 o'clock in the morning) were greatly deficient in point of quantity, as will be seen from the annexed statement on the part of one of the magistrates of the city of London: That the prison weight demanded and used upon the present occasion, for trying the loaves in rotation, proved also deficient, as was fully demonstrated in both instances on the same day, when compared with the standard at Guildhall, in the presence, first, of sir W. Leighton, knight, then lord mayor; and afterwards of R. Phillips, esq. then and still one of the sheriffs of London and Middlesex, as well as of four of the late grand jury; and, moreover, that the scales of the said prison were false and fraudulent.” Copy of a letter from Mr. Sheriff Phillips to William Mainwaring,

PETITION RESPECTING THE COLD-BATHFIELDS PRISON.-Mr. Sheridan held in his hand a Petition similar to that which he had yesterday withdrawn, in deference to what seemed to be the sense of the house. Yet though he had given way he could not help thinking that there was no sufficient reason for refusing to receive the petition. The doors of parliament ought to be thrown open as wide as possible, for the reception of the petitions of the subject representing his grievances; and if a petition was to be rejected merely because at the moment of presenting it the petitioners were not in the precise situation in which they described themselves to be, merely because they did not designate themselves properly, that designation being wholly iminaterial to the subject of the petition, it would give rather an un-esq. chairman of the quarter sessions, favourable impression as to the disposition which it was proper that parliament should be known to have to attend to all just complaints. The petitioners were, in part, grand jurors of the county of Middlesex on the day on which the petition was signed, the 3d of Nov. last, but on that day they ceased to be so. The present petition was from the foreman of that grand jury, Mr. Stephens, in his individual capacity. He wished to know however, whether he might not this day again offer to the sense of the house the petition which he had withdrawn yesterday.

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&c. Sir; I consider it a duty which I ' owe the public to inform you, as chairman of the quarter sessions, and, I believe, one of the committee for conducting the business of the prison, that I was 'present when an appeal was lately made by the grand jury of the county to the standard weights in Guildhall; that I witnessed the examination of the pound weight for weighing meat and other provisions in the house of correction, Cold-Bath-Fields, when it was found to be seven-eighths of an ounce too light; and that on weighing some loaves which The Speaker recommended the right 'were found in the same prison, by the hon. gent. to acquiesce in the sense of the grand jury, they appeared also to be conhouse expressed yesterday, as to the pro-siderably too light, one or two of them priety of admitting that petition.

Mr. Sheridan submitted, but he declared he would never again acquiesce in what he felt to be wrong. He then presented the petition, which was as follows:

"To the knights, citizens, and burgesses of the honourable house of commons, of G. Britain and Ireland, in the united parliament assembled: The Petition of Alexander Stephens, of the honourable society of the Middle Temple, and Park House, in the county of Middlesex, esq. humbly sheweth, That certain persons lately serving the office of grand jurymen for the county of Middlesex, to the number of about nine, having visited the House of Correction for the said county, commonly called the Cold-Bath-Fields Prison, on Tuesday, Nov. 3, in the year of our Lord 1807, between the hours of 11 and 12 in

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being from an ounce and a half to two ' ounces under weight. I should compromise the feelings which I bear towards the respectable magistracy of the county ' of Middlesex, if I were to omit to make this formal communication. I have the 'honour to be, &c.-R. PHILLIPS, Sheriff;-Bridge-street, Nov. 13, 1807.'Your petitioner, together with other gentiemen, late members of the grand jury, also discovered, that several of the liege subjects of this realm were committed to close custody in cells destitute of fire, 8 feet 3 inches long, by 6 feet 3 inches. wide, two of them in irons, although sick; some, if not all, of these were innocent in point of fact, as all were then innocent in. point of law, being detained under the pretext of re-examination, and consequently uncondemned by the legal judg

tervention of the grand inquest of the nation, most humbly and earnestly solicits this honourable house to take the premises into consideration, and by a public and open examination at its bar, or any other mode, afford such relief as may seem meet. A. STEPHENS."

Mr. Sheridan, in moving that the Petition should lie on the table, felt it unnecessary to recommend it to that attention which he was sure his majesty's ministers would be disposed voluntarily to pay to it. But he begged more particularly to recal to the recollection of those gentlemen the Report of the committee of the house of commons, in the year 1800. The facts and suggestions contained in that report were yet unapplied in the way of reformation or relief.

ment of their peers, or even the accusatory verdict of a grand jury. Of this number were a mother, a daughter, and a son, of creditable appearance; the two former in one cell, so situated as to be exposed to a continual current of external air, without the possibility of obtaining, even during the severest frost, an artificial warmth by means of fuel, while the convicts below enjoyed all the comforts of an open roomy ward, with occasional access to fire. That in one of these lonely cells was closely confined a foreigner of some rank, the Chevalier de Blin, who, as we were told, by one of the jailors, while so immured, had been deprived of his reason, and who presented to your petitioner, after commmunicating with him for some time in the French language through the key-hole, and demanding entrance, a memorial on The Chancellor of the Exchequer contendhis knees. That in this place, originally ed, that the house could not with propriedestined for the improvement of the morals ty, have received the petition of last night, of petty offenders, a female prisoner, as on account of the petitioners presenting we have learned, has been lately de- themselves under a designation which did bauched by the son of the chief jailor, or not properly belong to them. If the house governor, who then held an office of trust were once to admit the principle of petiin the prison, and has since had a child, tioners approaching them under any other now, or at least lately, burdensome to the character than that to which they were parish of Kensington, in the county of strictly and properly entitled, it was imMiddlesex. That four debtors were shut possible to say what abuses might follow. up in this house of correction, the only Having stated thus much on the point of communication between whom and the form, he would now state to the house world, appears to take place occasionally, what had passed between him and the by means of two iron gates, at upwards of gentleman who had represented to him six feet distance from each other, with a the matter contained in the Petition offerjailor walking in at intervals, so as to pre-ed to the consideration of the house. He clude complaint; and that from the ex- told that gentleman, that if he would give amination of a debtor, and also, by a letter him the facts in an official form, he would from him, both in the possession of your lay them before the secretary of state for petitioner, it appears that he was shut up the home department, with the strongest with persons guilty of robbery, and un- recommendation which he could give, natural crimes. And, lastly, that six in- though he was sure no recommendation nocent persons, the bills against whom had would be required to call the attention of been thrown out by the grand jury, were that noble person to a case of such a nadragged from Cold-Bath-Fields Prison to ture, coming in a proper authenticated Hicks's-hall, in open day, at the close of and tangible shape. The communication the session, first manacled, and then fast-was, in fact, made to his noble friend: but ened together by a rope, to be discharged it came in an unofficial form, marked 'priby proclamation. Your petitioner, there- vate,' and he could not feel himself warfore, conceiving that such gross instances ranted in taking any public step upon it, of fraud, coupled with such an open vio- not holding himself at liberty to mention lation of the laws, and even of the express the name, or to designate the source from orders of session, are calculated to bring which he had derived his information. his majesty's government into contempt, He saw no necessity in presenting this and cast an unmerited odium on our most petition, unless it were with a view to inexcellent constitution; thinking also, that sinuate that his majesty's ministers were if such malpractices were detected in a inclined to neglect what they were in fact casual and slight survey, of less than two perfectly disposed to do, if they were hours duration, far greater abuses are supplied with proper materials to proceed likely to be brought to light, by the in- upon.

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