House Of Commons, Thursda...
The-SrpEaxEr was summoned in the usu4al. form to hear the Royal assent given in the House of Lords to several bills. iMr. HART DAVIS presented a petition from certain retail brewers in Bristol. complaining of some provisions in the beer act. Sir JOSEPH YORKE presented a petition from Mlr. George Glennie, an actuary, suggesting an improvement in the laws for in- corporating friendly societies. Sir JO E N NFWPORT presented a petition signed by 2,700 of the Catholics pt the county and city of Waterford, tost of' whom were of the first ranli and wealth in their neighbotrhood, praying a reEef from the penal laws which aggrieved them, and disqualified from eligibilitv to of ice six millions of their fellow-conlatrymen. He entirelyconcurred in theopinion so ably expressed bythe petidoners, that until the line of demarcation which these laws formed was broken down, there could be no peace in Ireland: they vere equally repugnantto pelicy andjustice,and kept alive a contest betwoen apri, vileged and a degraded class, wrhich alienated the people of the coun- try by the fierceness of its divisions. Mr. C, vEIFHAN presented a petition from Wlitchi4rch (Salop), ag ~ IRISH CUR-RENOY. Sir H. PARNELL wished to ask whether it was the intention of the right hon. gentleman opposite to introduce any measure for the assimilation of the currency between Great Britain and Ireland ? Now, after they had adopted such salutary rmeasures for assimilating the Irish commerce, they ought to take some step respecting the currency. ,lMr. WVALLACE said, in reply, that he was evcry hour more convinced of the necessity of somrrenmesure of the nature alluded to by the hon.baronet, and would early next session turn his atten. ion to the subject. Mr1. BRU(JGAA movedforarcturnof the number ofnon.resi. dent persqns holding corporate offices iD. Ireland. His object was to be enabled ea4y next session to show the ggrievances which had arisen in COrpOrationY f'ron the old and 'now unnecessary practice of con- ferring ofile e upon non.r esi dents. MXr. OOUILBURS was not prepared at the nioment to corasent to this motion. SirlJoHN NEwPo0T, Mr. GRATTA, andtlM.ABEneCoMfly, saw no possible ?easbn for rcfus-ing such a meotion. Mr. HUMB said, that a sim ilar motion for Scoiland had been agreed to, and the returns ordered accordingly. Mr. BROUGHAMI said that lie must press his motian to a division. The gallery was cleared, but no division took place, the motion being (as we understood) ultimately agreed toe- The report of theprivate business committee was taken intofurther consideration, and agrced to. HORSEMONGER-LANE GAOL. r4. HDOEHOUSE rose to present a petition, to which, na it ap. peared to hilm tO le one of veq great importance, he begged leave to call the particular attention ot the house. It camp from the whole of the debtors confined in the Surrey county gaol, and complained of the conduct of the magistrates in having imposed on them harvh and unnecessary restrintionlsThe petitioners referred toseverallimnitations and restrictions which affected thetn materially, and whichheblwuld takeleavetomcn'tionto the house. By the act of the 4th of Geo. IV. magistrates were empowered to make rules and' regulations for the government of county gnols; and he mustsay, that the provisions contained .in thtat ute on the subject were of a very vague and undefined nature. tLokingro the mianner in whichthe power of the unpaid magistracy was isometimes exercised, considerisg the great latitude of discretion which was granted to them, he wasof opinion that the act of the 4th of the Eingashould bealtered, for the purpose of rendering an abuse-of the authority vested in them more diffl. cult. By the 4th and 12th sections of that act, the magistrates assem. bledat general or quarter sessions were authorized tow akeasich orders andregulationsasmight to them seem expedient. Astat was'thecase,. there was no knowing to what extent those resttictionsmight be car- ried. 'The magistrates assembled at general or quarter sessions, might, under this act, make atny order they pleased with respect to the prison discipline. If they thought. fit, they might direct'that each pisoner should receive only an ouncea of bredd and'a glass, of. water in the ceurseof the day. There was nothing to prevent them from acting in. the most atbitrarymanner.' With' respect'to 'th-e Surrey magistrates, of-whom the petitioners comelained, though he lhada high respect for some of ehenlpartieularly his bon. filend (MIk. Denison) who cat und er him, and' th6uRh hebelieved the toblelord (Eastnor) wvho presided as Chairman ot Quaiter essiois diicharg_ ed his dutics with much propriety stiU he must say that-crcum. tstancs had ocirred, especiilly inthe treatmeht of'aiaindtvidual IiaindO'A~ mhn lcdhhvdd to`loo- at 'with cons I- deralejealousv. (Heir, hear.) The peitonrs-mpa-edtt tb ehey Were'Allo-wed only o~nehour In thrdAy. for-providing"Ibod, pie. IParing he-dding, and gtting ready' thos'e other comforts 6f whicht- they stoodinoneed; Rowit'-asquieszl tat those persons whole- friendi Wlived at- a distance, or- wbolweeMoccupfcd in'buuies muse' in conpeqtuence, of- this regulation, -be exposed to very. greit' inco eicc., -It-- was 'very, --likely' that th irkiids could -not have it in. their power to call. at'.the prison between 11 and 12 o'clock. And. iL they -did not~ come- at, that ho;,wa*C-tp,tneun,? Why; 'iheY mulstf4ei1n.!fr 24,nou~s-Athoati;~od;, Tbey-must be -content. tP.'wait..until,.the- najione bhrettiredonthe-fowllxow tdiogsa. Hetheff-lkthotgt-at f magistrates went- eodtelwrg4edt hnli h -ac,-o Pa a nt:w1hrovidd -1that the.food of.the rltonieraMight be supplied aLt proper hours." -But the regulations -'of librkemnige-. lane-gaol rCitricted the initroduciibon of.-food to one lhour, andL that -a very inoDnvenient one. Thieact said," that the resttictijon.andlimi..: tations un.der which food should beijlo'wed to enter the prison shoutld bereasonable an4expedient,topreventextravagance anil lxury-that nothinfbi4e plain foodshould-be atllo wed." Bythe ieguliifonsof the prison,hiowever,no other drink but wilter was pennitted, No fermented ot- spiritaus liqutots were allowed, even to those-who could aQrd to buy tliemsni-He had -henifl. -ta-day, s'o severe wird tte~ reitrictions, that the gaol'er hail been oblifed to break. thiem, and to alloiVil quart' of 'porter pecr diernz, to -be consumed 'by some of'- the pri-I -soners. - There -was no cDook's shop in' tle Prison. TJhere weriei no persons there who retile6d food lor drinkr,* or. from wh6iln the prisoners confined for debt couild Plr6ouri.a mattress for* theit, 6mrn lort,l and'ifs prisonerweire ind'llned to eat a Ilttle bread -and.cheese in the.course.of thee4y; tbetiUrDkey was-not allilwed t o ofer It So strietwas the regul ation,tliatble understood.evenabtun was takenfromn A lietlechild, on entering the prilson, lest- shR sho'uld give it to-her - mothe'r,-who-was confinied tlhere. (Hear.) Heliad aright to-call ihi a wicked law, and it appearedteohhn-to bejust as foli2sh-a it was wicked. The petihioner-s complasined, that according- to' an- -,other of these refulations, no visiter w4g allwed to enterthe gaol afterfive-o'clock in the evening., The eonsequenice of this was, that' friends of the prisoners, who- were in a smiall way of busi-. ness, and their legal sgeni,- -who were frequently in the linol.. vent:- debiors' court after that horir, were debarred - frorh seeing.therm. Ac the very time when th~ey *vere most want. ed, - thos6 person col rocure access eo the pri. soners. . Anotheit, o h ch h-petitioners- complaihed,--was, that theprisonerswfauui h waLrds at six o'clocki.Thal; was the only time,i umr fe the sun' had been shin. the building all dy hn hycud hope for a cool wl.Mti ingtepd of-ullowin hme~ridlece, tbeywere locedp,hh he considered as a c fgetculy And who wer hoe ta were thius treate-Tleweeetos.pros oIgiy-an moral offenep-indiiul ufeigudrtheifitoi fmso EUSRe. Food was,onlyalorio eeovvd to them durinoeur In tfile daY ; thelrkiends were not aul~& to see them atr5ocok and thev were shut up in summier at tht predws houwhnsm rehaxatifon would, be -most agreeable.' The gist of the,ptto (which was extremely.v.wel rirawn up) was, to beg that this gao acih&ii4 be amend6d 1(hear); an'd he was 'very sorry that tbeae pen-oF the session would prev.ent the houset fromeffecting thatdeir blc jecr, Hebhoped, h.owever, thatsomething would be-done in lhe next year. , (Hear.) He had a veiy strong opinion with respect to the~ conduct of thosenmagistrates'. He did not.-thisik they wished to act wrong;. -but their extreme 1ruideace and caution lett - them into erro. Another part ox the prayer -of this petitlom~ was addressed, to the, riyht bonourable Secretary of State for the Homne Pepattenit, - who had just entered the houlse, end, for whom hae had waitead an -hour - -before he - -presented- the petition. The petitioners hope-d'the right.honourable gentlemnaa wiould take into his serious con'sideration the necessity of interfesing with-thoseprison regulations in the County Ganlofliusrey. HRedid not know how the law stood with respect to his, right to interfere. As to the magistrates, he believed they had relievea themselves, as in the case of Captain O'CaUllaghan, Xirom the power of isiter-' ference: for, whien application was made on the subject, the magistrates at the quarter sessions said, ihey- coulcl not tak-e the case out.-of the hands-of -whom ?-Of the visiting -magis- trates; who had been intrustea -with thakt exclusive powef - by the magZistrates at tlie quarter sessions. le did not know; Whether the right hon. gent; could interfere; -but whei he saw this p;etition, and foand that these regulations were contrary to the apirit and let- ter of the gaol act, he ce~rtainly ought,irweenhspor,t take steps for having themn altered. There i were ionsuch powre,tion in the King' Rench, Fleet, or lMarshalsea prisons, and it was hard that they should be put in force against persons confined for debt in Horasnmonger-lane. When the petition was printed, gentlemen would see what those rgltions were, andi how tfar they agreed with the act of Parliament=fo which many quotations were made, and he hoped that the right bon. secetary would take the whole matter into consideration. He concluddb oig"ta hsptto be, brought u ddb oig"ta hsptto Mr. DEN.oN wished to state a few facts in reply to the ob. servations of his hon! friead. In manypoiata of hils hon. friend's speech he - entirely agreed with him. Hle objected to the gaol act, which he wished to be repealed, He should like to go back to the old -system, instead of proceeding on those.lnew-fangled Plas, which oppress~ed the indi'ndual without producing any good,. (ear.) His hon. friendl had been kind enough to compliment him, buat he could not accept of that comipliment, much as he valuied it, if it were given at the expense of his bretber magistrates; for though, as men they were liable to err, (and in the case of Captain O'Crillaghan he thought an error had been comamitted), still he would venture to say that there was not a county in tht kinigdom, in which the magis- Itrates did more to promote what they conceived to be the welfasre of the county, than.in Surrey. (Hear.) liethought the complaints ofl the petitioners were well f6unded; but he also thoughtthat they.had directed their battery a~anst the wrong quarter. It was the law of the land, and not the vistting ma~istrates, that ought to becomplained of. TwQ o*f the grievances stated by the petitioners were entirely beyna h power of the imagistrates to redress. One was, that no ferymen,.te'd orspiritnous liqluors were alowed inthe gaoL But they could not be aLllowed, except by the direction of the surgeon. As to food, the prisonier liadhis chokce, either to take the gaol allowance, or to furnish his own food ; and this optiont be possesed by the law of tU. 4..90ff MIlb&1%1f o-Tem,rmFyferic-f' tre-atmoent. Debtors, who were often reduce in etheir circumistances ,by misfortune, ought to be treated with the utmost lenity. [?1hey ought not- to punish them, hut merely to secure their persons. [Thereweretwoofthferegulations which he conceived tobe extremely !harsh. In the first place themragistrates had restricted thet7imefor -introducing food, to too narnWw a compass. Food was permitted to be bro ht i onaly during one hour eachi day, and he thought -thatt two okr &re ought to be allowed. (Hear, hear.) In the next place, the time allotted for thoi intercourse of prisoners with their friends was too mnuch confiued. The cell.i were opened at seven in the morn. ing to the prisoners, and at niRe their friends were admitted. This intercourse was allowed until three o'clock in the winter, and until five in the summer. - He would wish to extend this permission Ito four in the winter and to--six or seven in the sumnmer. - TPhis would.give the prisoners an opportunity of breathing thle fresh air, which privilege, as his hen. friend had very properIy saitt, they oulght to possess. He inte-nded to-morrow morning to bring those circumstances under the consideration of thevisiting magistrates. As to thme case of Captain O'Callagthan, - he sassred the house he had never read the'trial nor did he-know that gentlemnan. The trans. action had reatched h~im through the medium of conmmon report. On'- Saturday night a friend of his (ilir. Denisoa's) related the circum., stances to himn, le could'not visit thegaol'on the Sunday,bht the coiled on the AMonday morning, and state to the gaoler, that'-he thought there -must be somae mistake with respect to the conduct whtich had been pursued towards. the prisoner. He directed that Captain O'C41laghan should he allowed to have whatever food he pleased ;that he should be indulged with a newspaper ; and as he cdmplained of a double grading being interposed between him -and his friends, he ordered one of them to be removed. As for liberty to drink wine, he stated thakt that permission could onliy be procured through the surgeon, It never was contemplated to placee a pri6soner of Catain O'Cstlzgham's description in such a situation. The no. VhiElord who presided at the trial, to whom the country was sD mucla indebted for his services, and than whom he -would sav there was not a mant of more feeling and humanity, never understood thiat the prisoner would have beentreated in this manner. Tue noble lord had left town under this impression. He had re- ceived a letter from him yesterday morning, stating this, and ex. pressing his regret at what hadl occ4rred. (Hear, hear.) There was one point to which he wished to draw the attention of thebhouse. He doubted much, -whethier gentlemen in that house should combine in themselves both a judicial and executive p'ower-whether- they should make laws, and execute them afterwaras. He did niot mean tOi decide on this point, but he shrew it out for the conscideration of those more coniversant wihh the subject. After what he had stated, be hoped the Secretary of State for the Hlome Department would attend to the case of Captain O'Callaghan, and that he would, if he could, show mercy to that gentleman, by laying the circumsniinces beforelHis i'ajesty, and prfocuringa remission of the zemainder of his sentence. (Hear, -hse~r.) He wAs sure that it never was intend. ed to punish him in this wvay. Captgin O'CaUlaghan himself. haw. ever, laboured under zome mistlke in the course of proceeding he had adopted. Being &ully iinipresed with a coniscioausess of his in- nocence (and geryainji hellad received aL igeat insult, as-the--ladies undernil~sierewiejeinsulted),he had let te eae ecome onat thesea- sions,in the confident hope of an acquittal. If he had,instead ofletting the trial go on at the sessions, brought it before the Court of s~irg's' Bench, - e- would, if sentenced to imprisonment, -hsve received Jpiery- indulgence that h,e coruld h ave wished.But the ben ch of Mlagis. up,tes had no power but to send him to the Coanky gaol, which cer- tainly was not intenided for prisoniersqf his description. There was not proper acQonqmod5tion therp were apartments for the gaalers, and difTerent cells for the prisoners. Therefore, he again stated, that Cnptain O'Callaghan should have brought his case before- the (~atof King's Bench, and not before the Court of Quarter Ses. sinsHewotild endeavour, as far as he could, to remedy tht two evils which he had mentioned, and which were very properly com- plained of 'by the petitioners. The others, he belieced were beyond the power of the loagistrates to'cuae. He aw ought aatd he hopedt would beaniended. ThIeact,as itnow stood, had produced no good discplie. t ony tnde toharden and sour the mirnd. MIr. AIABk;RlY wished, 4s s alSrrey mnagistrate, to say a few I words. The house would perceive, that if there were any error in the regulations, the hlame attached to the visiting magistrates, and not to the surrey magietrates gcnerally.He thoughtthose regulations, of which he betore had not kown any thing,ought to -be brought under the consideration of the magistrates. Mr. PEEL said, the honoarsbhe maember for Westminster had no reasoa to comptain of -his absence. If the honourable mem. ber had stated that he had a petition to present on this subject, he would have attended. It was not very easy in point of tinme to reconcile different public duties. In his situation, acts of preasing necessity often occurred, which prevented him from coming do*vn to the house. In capital cases, for instance, it was often necessary- to make up a report before the coaches left town. With respect-to the existing law of vhichthe hion. gendleman (Ar. Denison) complain. ed. he wrishedhimtolook tothe*other law whiche:wa%desirous ta have again in force. There was not one single provision in the pre. sent law- which was not better for the-prisoner. Indeed, the statate was rather a compilation from the old law, tban anew enactment. The debtors, -it appeared'- cdmpnaifed of cerlain prison restric. tion& Now, he apprehended that he. had Dnot the power to interfere ; and the ih-oughlt the less interference on his part the, better.' (Hear, hear.) If a serious accusatiotn of abuse were made, he- would inquire into it, and fatther than that he could not go. The ast' provideCdthat the- rules should be laid before themagistrates in general; and that they should ilaobe sub- iitted to two judie of assize, before they became part of thelegal regulations of a prsonr. Now he had that,confidebce in 'the mags.- tratesod every-county in E3ngland, reUwell as of those of Surrey, tnat if any. thing, erroneous -appeared- in--th-e pion' reula tions. they wotldrectify it; and-he was quite sure that' the gentlernen and ma. 'gEstracy of Surrey- would e quite ready to liaten to'ahIy complaint made. A-notiohad been given titxt -this case would-be sub. miated to that which .ahe law conidered a leipI- authority, -and he would not say more, bu at -he -believed that -every -thing properwould bc done. Asto the case if Captain'O'(;d. tervi wit Lord Fiatnor,- the Alainroi. of tlje seoa , hoh given.liba th whoM onb~ C dente!,and Ri wan -conviriced of;. prieyott eoilicton;Thit indflviduial ad,he re y e as. ruh bfr biuy tfljed coyn.- try ,vl,1oiidhiijulW; and the Cotirt sentenced_'tim op fineof~fOL andt0ole onth'slifipe-sbrnment. jfe h4 s~I Lord astnC, wethe, Jts. consl lering theW sentenor 05traUs-had taken into considerattin the be g ma the" J'uand' his Lordihileg"invivr to hjuOjSof *aantebe ant therefor he %lt 41r t feel It-to. be his duty hn,jhr did he fiee it: to, be-hileduty,'now, to 4ecomnmena to theCOn x miasson,of any pea tof it. Comp'npalts7 he unlderstood, a Itho3e compaits nd baijiomed.tkat thie sncovenin hc ' the prisoher -had encountered lii thiDe erly part Of his nromn hiLd been.redressed~'. Thegsoler of_that prison! hadblte 'this morming-b hssdiret- n', txtt statcth, iiwrlty t 9 lJi* a th PlhoerWas at: Sir1V.DE0P'8IN skid,th3t he had a thority tg interfere-.Wititit. AMr. J., GRA'I.TAN cowplisi~ed~of h powerwhiclrhe exisiting 'law gave ti6 the rltagistrates, and instaniced. zc eate of ktEat ab,js in. Uelan2d,wvhih o.Dcurre& ubdnden~ -a.t Ofa a smiusr d4~rJpt0n.- -Sir . WVILSON observed , that the "were informe,.by:tehe ?frlit hon. Secretray winl]iunteto htittt~ut LiAd' takeWi'fio rnieainTecieommendation of tlte`jtigr&` the serntence was.pasred.r but,;eewsxOhrqttoiwhh thoug'ht thev igheon. Secretaryouglitto have pUt tohe noble lord; ar.d it was,*whedier.the i,xrt-hbil considered thattrif pgnixhin,ent to which-their, sentence Wh6onsgeed ~the. 'defendatiit,would hAveiiiib. jected hintostuehptinishnient agit appearedh6hdehadebdred in.the fiit. igt dys f ismprisonmecnt. 1 r LodBSW R expressed his regret that he wag uot in~tbo howie whim this petition was presented, int?becouarse'pf tihediscus. sion-on whicfz-ieference had beerirniade to the case of MiaYOCal. lagban, lAizeisrhe . understood that a petition was ab6ut tio be pre- sgntted'from that gentlemnan, he would reserve tiby -observatioxns be: hagl to make unt ib tat petition cam~e before thiehouse. S8ir F.-BUR DETT was sure ihtha? hig' bon. Co1ltaguff bid 'hot eafnt t'o cast any Im`putation- ppot the conlduct Of the noble' ihair-. ~man,of the quarter sessions. f k.ieieur httbhm. nity a bl.b raitywhici sljsLy-distinguisbed the concduCt ofh hots,.~freied:*the memnber for Suriey-~ wouldi lead' hitt to initiate the hardships-6f,this-prison law by every meansiii his power. lkie could hict, hibweifhelp sayiii g'tbarthe ge'which 'was. tben...befor the house showWIhatthe alterati6n- which had recently been, nideA in the law-of the country was a very grievous~ alrr'ai on; a ind heli-di notintow iow it -waK. liosible-fof anuy'man witfrlb the ittea of a gentlman, toavoid eperiencing .the strongest-disgust anviw. ing th'n risk .1Iiich he 'now 'ran of l-eung . uh~cted lo'ne utmostdt_g,aaktion and isl frnolne'hc-n-o)e Wngl4t liurg dto commit under-the ipleo xsed-, Ing&. Fr bis own part, he would declare, upon his honouir, t1&h wouarather be seritenced-t6be hanged atabnce, thaft.to ~:ndesgo the- insults which Cajiain O`Callaghan hid stiffieted in the gaol to which. be had been counmitted. He wouldt a,sk them whiether agreTcater' moentaltorturie, any mnore flagrantimental degradation, coudl bein-. fticet uonsz anyninwbo w3oved] lb tih spihereW, akentletag,t,ham, toi& placed:liehin irain railings, ,and to beeompelled to.commupti. cate with his frfgads, noconlynupoif.the sm'ne'terms, -bu't also Idi the verycoepan' ofa st o felonis?, -(Hear, bear.) lie' allowed that the. 'pre-sen't,was ani incetivdnient . tiime fior en'tersin' a diwscuson oni the stato of thei nrianlaws; but, nevertheless, Ke odid not refrain f1triexpreaainga.liOpe, -that the house would soon see the propriety of'recurring -to th'e o d KEnglishilawr regarding gaels,-.-or taking the xmangmet of thein from the mngitrates,-.of testricting the ma istrates to their ancient juribidiction,...ind of giving the cus-~ 11odlotgaols to!the sheriff; the old coDnstitutionsl officer, to whomnir ha 0 ~~~~(Hear, hea. Mr. OBROUSPwaextremely In at, having been,iade:the insru -Wtbywiclitlii matter of this petition had lieeitbrought! before the notied o the houise. It appeared from the -siaterrcnt of' his honourabit fniend the member for Suxrrey, that inf all- the princi- pal aUlegationi of the-petition, tbgp petitioners w'ere fully,justifled irk the demand- which they hiad urged to the house far redkeas. [Mr. Denison dissented;j In the three principal poinits of the petition, he was sure that. his hon. friend hsad sai that lbe thought the camplaints of the petitionoes ought to Iii redressed. - Kr.. DENISON observed; that he had only said that the com- plaint& of the prisoners were well founded upon two points. Mfr. HOBIiOUSE weuld reminid his bon. friend, that -hi had said that he thought that the time for briniging provisions. into the prison shoula be extended from ionshour to two ortisree. Thatwiis. one point. ("fleiar,y fromn Mlr. Denison.) He hid also said, that. he thought thait the ptrisonems oughtto be allowedl to gee their friends, not onlTy durinth, ihotrirpermitted at present, but alsotill4 o'clock in the afternoon in winter, and-till- 6 or 7 o'clock in the agmmer.. That was.the second point. ("Hear," from Mr. PDenisoin.) If his. memory served him for'alf an hour, and hewas convinced thatu the present occasion it. dia not-fail him, his hion. friend Acl sAid~ at he did not think it right that the prisoners ashoula bejlocked. up in their wards during the summer monthis at so early an hoar asz sixo'clock, That waCsthe third point in,whichbhisbhon. friend-(tbe member for Surrey) thought that the grievances of which the peti- tioners eODmpaited ought to -be redressed. He (iAlr. flobhouzse) mnaintaixed-tbat these grievauces not only ought. to be, but muat be~ redressed (hear,-heari, as they formed a case of abominable bard- ship. He would sooner go back to the ola plan, and huddle mexn togethter between tour walls without minaing the contaminattiort to wvhich it subjected them, than submit to the evils which weresure to arise out oft the present niew-famgled system of prison discipline. ("B ear," from the ministerial benches.) He saisl it advisedfly, for- 4 v imossbleto conceive any thing maore revolting to, a mian o ga tran theesuffering to which indiyiduaals were "zpoed under ti on onoto of gaolers and vistin magistrates. Wit riadn - ol c Il. po. th oset onrs the. putnishmentwih,ht indivldu4l had received with the punishment which hdbe nlc. Ied ul Dn abrother of the right hon.- secreeary (Captai .Pe)fr seiaimilar uature.-.he.meaut1the shaking o hreh~ over the head of another person, which in point of la a quv.. lment to an assult. He did not mention the case invidiul~frh -belleved that under simnilar circumstances he should veatdi Ithe sane maninerasa the hon. gentleman 'to whom he wraldn. He honoured that gentleman far-what he then did; butiUhcol niot forget that the sentence irihposed upon himu for that breach of the ilaw was only Imprisonmnent -for amonth in the King's Bench prison. In that piso he was allowed to walk about at his pleasure; hiis. friends hadflifl permission to visiit him when they pleased ; he hadi an apartment allotted to himin which be could entertsiui them; they- aihied with, him on several occasions (perhaps therightbon. secretary- was one of the guests), and had whatever wines they chose to c0lfor-; indeed, the pumashment to which he was subjected, though 5uite enough for the olfence, was nothiing atL all when compaed with that. which Captain O'Callaghan was nowv endluring. 'That getlea was confined 12 hours ouit of the 24 to n solitary cell _rdwrnlt out of it, was obliged to submit to the mental torture anad dgada tion which his hon. colleague had so well descrilbed. He bed seen 1Japtain O'allaghan on ont or two occaions, and a more - respect- vaable gentleman, so far ashe knew himn, he had nevermnet. His cot-.~ vicion might be correct; indeed-he did'not mean to dispute that pint ; but at any rate his s6ritence was a harsh one, and- was-rea- dered atill harher by the regulations which the gaoler was obliged to enforce. tVith Tepettthe offenceitslfb e wouldweirely quote what had been said upon a case by Chief Justice Btst, where an- as.. saul ha ben csnmt?ein onsquece of previous provocation. Twoslas o th faeha ben gventote painiffandthlearned judeinsumingsiptheevienc ha tod te jry hatsey could referred o this cse to sho that inthe opinion o~fon of the judgesof th landsit asaultwas mitigated, if not jul.. tifle, byprovcatio. No he ouldask, whether the bench, in pssin thesenencewhic itdid, intended that Captain, O'Cilahanshuldundrgoth hadshpswhich lieliad done? He saidtha th bech ad o sch ntetion, and that being the case. he thought, that the right hon.- Secretary might fairly shorten th6 duration of Captain ('Callaghan's imprisonment, in consequence Of its -having been severer then his judges Intended.' Air. FEEL could assure the bon. membDer that he took no offexnce at the~ allusion which he had made to the casle of his relative in the C,ourt of'King's Bench. Tbat case bad suggested itself to his mind yeaeerday; and he had even asked himself thie question, how far it bore ulpon thatof Air. OlCaIlasghan. The lion. member said tbatin both cases the offence to be punished was an asault: but be seemied to have forgoetteh that his relative was, not only condemnaed - to, at month's imprisonment, but also to pa-v a flue of 50001, and to en%0- into xecognizarices of 8 ON~.to keept eh peace for the next five years% In the present case diere were no recogribiances, antd tho Rite-in, ticted was only Wl., sa that there was no similarity betweeit it and the casercefesredto. He thought thattb?emsgistratesof-SirrCybsd not ?rarpssevd the itrict rule of justice upon this occaion. By thec existinig laws, a man guilty of a misdemneanour w&vliable to putn' sh. mnent. Now lie did not expect to hear it'argued, thait for 'the sAnte offence one punishmnent was to be inflictiad on the gentleman and another on the pierson mnqving in an iniferior situation of life. RLsch an rguen ~wreurged, he would mnerely say that it was de- strutiv ofar~old.maxm o th costitution, that all men-were'- The petition was ten brought up. On the questioni that it- be M5r. DENISON repeated his former- condemnation of tThe re- strictions placed on -the imyiortation of food into the prison, and on the time allowed to the prisonrics to rq:mmnunicate w.jth their friends.- He assured the house that the magiistrates oif Surrey had beeq. mQktt anxioustQ-perform their duty. They-maighitlikireerdd.; but itthex had, it -womoroe from an error in jutdgment thani from any delibe' rate purpose. Allmen were liable to -rror: perhatps his hon. friend (Mr.Hobbuse)migt be-anexcepiAn t the0 rule, and 'hA ol agint th& magstrates of Surrey." bhen the present regulations for the gaol were agreed to, he had said to a friend of his, ' I think the prisoners will be now better kff than they - were ;"- to which his friend had replied, "Wait awhile, and you will find, thaf' though their fetters are struck off, they.are nore than'equally ham.. peredby the other restrictions to which they must submit." He in.; iormed the house that the reulations ip question had not beeti psu. ed until they had been dtcusaed.forfour ofive days by thei Wq- gistrates at quarter sessions. The petiton wa then.read. It was as follow -.- "if 'o the Ron. the COMMons of the United Kidgdom ofGreat Itri. * tamn and Ireland, -in Parliament assenbled. - :- - The-petition of the Debtors confined in''the Sirrey Coanty Gaol, Horemntoger-lane, " Hfnuibly Sh6weth,-That by a act pased in the 4th year of; the reign of' hs present MAjesty, entitlPA I An act for consolidatinWg_ and amending-the-laws relating to the building1 repairing, andregu_- latingz of certain gagtls and houses of correction in. 4ngland and' lales,-ceirtauriules and regulations are.ordered to be obaerird and carried into efect in every such -priso, -asfar assuch.rules rnay be applicable, can be applied, to thsepartieglar. descripti6a, or clats of prisoners confined in such prison. : . .- That, by the 14th-regulation, see 1O,. of-the said-act,-i is ena acted, - thatprisopers who shall ' not receive any allowance *frot the county,- whether confinId for debt or b;fore triAl. for- ny supposqe criue oeoffience, -hall- beallowed to procure for themseltes, and: to receive at proper hoiss,,.any food, bDedding clothing; or-otber ne. ressles, subject ad a-strict examinatinon,anu nder such limitation: antd resrictions,- to be-prescribed by-the regultion6 'to be tixade' in wnner ditected by this ace, as may lu reasonable 'and expedient. to prevent. e:xtravagance and luxury within tbe wllas of ua.pristt.-. All- artidcl.es o(cotthig nd beddings hall be examinled, in. order that it S=y be ascertained that such articles ar'c not likely to comius unieste fOeLit, bclthe tesantelot secilons of dtie aforesd act, 'the J 2stieCs4 of thie Peace, at tile g~eneral or quarter sessions, shall pT13- ccci ts cary the said act into effct, anti also to miikb suchi furthier and add~itional rules for the government of such, prisons cespecdively, f0`112the iud.ato'bo Performed by the eflicers of the same, as to them InIy scenem cedient. "That, in conse9uence of the Fpower tbereby given, the justice-% (or tl4: Peace for tile counity of Surrey didl mtake certain riles a-nd r-iruations for thre government of the Survey C2ounty Gaol i1s Extrct romtheRules andl Regulations for the Government Of thet)~~f'heCrstintfSairrey %o far as retates ito Debtors. Rule L- The aily?allowarnce to. each prisoner, kept and nt2tsd a thexpese iD' The county, shall be one poutnd ana a halfof god weatebourholdi bread of a former day's baking. "17, Pesonere,wb I shll not receive any alloweance trom the W~TitY',~whetber confined for eebt, or before trial for rtay stiliposecl ~crL-t o~ ffuene.shall be allowell to procure for themselvesiny PhAiht food, tIAd exceeding a reaonable quantity for the subsistence of one Person 4,.rinp, 24 hioirs : such food to be broughit to the gaol be- t`ee. thCe bours of eleven ealn twelve o'clocl, in the foren-oon. tve%l ddvT except Sunday, when iL shall be brought -betwveen hall1 Paszt eleven and tw-elve o'clock ; aind such prisoners shlhi also IN olloe treeive, during the samoehloura1, any niew beddcing1i new at1 ClOcm wished sheets, blankets, and coverlets, clothing, anti other ~etss.But no, prisoner shall be permiitted to provide any fo0ei Wrn himslef whio receives the gaol allosiince. "'1.No tzap shall be kept withinz the prison, nor-any spit ituotui of se 1lubr~ inanycase beallo'wed, unless by a'writter dec urgen, Secifing he qantity, and. for whiose use and p03hisentrin anurdr fr tat urposeaIf hlsj-Yfrnal. "'24, Al pesonsdemanin thmseles roiperly shall have-fro acces t. th detor5 lith aleand enale,as weell orn thie coisinirmO as o th mater' sie, rom he our ofnine o'clock in the fore t*Don until five in thte evening, from b.adty-day until lllichaelma,S. and rom inein te mrnin unil treein the evening fromn 1lii cisamag o Lcly-s.y butno tranerswhatever shall. be permit ted o reainwithn th waL, o theprion after such) lour. '2.l- The ebtos' wads shll b oeed at seven o'clock in thi "'2~ A ~i o'loc intheeveingfrmn Lady-day to Mlichael Tnaxs,and at sunr-set from iaichama soLady.day, usiles.- the deg,re. 'Of' licrht shiall rsquire that th rioesbe confined i'n their cells a an earlier.hour, a bell shall bern o eaving work, and at] accoull -shall thmn be taken, and theousan all i.mplements of labowr shall be dilivered to the nukyofteprison, and safely locked ul 4t.The covernor or keeper shall not permit any goaming, bo shal aieendestoyal ice cad'and other instrumnents ofgaming 44. Service on Sunuay in tEbe chapel, nine o'clock- in. tb Saripcilk two in the afternoon. - 'DO Sargeorneto see every debtor at leatst twice every week-.' "That ainaur petitioners, referrng to the afo-e5aid rtsand regal laton, *~ srswsentiments of the greatest deference anti respec Lsrt. yor.a h ona-arable h-cuse beg, permnission to point out th OPPie3W mad-rfievous nature of such rules andI regulations, so fas BsalN thaema; ,a which imnpoe ristrictions, in their humble opi oni.' uncce,seArly severe, as well as' unicalled for, and by no mean -in iz=ldats- either with the spirit or, Tetter of the 4th (leo. IV- Cap. iL And your petitibners further belie ve, that the legislature, ii its wisdom=anihumaniity,-never ontemhplated or anticipated the in llictiluniofsucl.smeasureson prisoners c~onlined for debt,whose of. Ihnce if it can be so termed, arises from unavoidable misfortune. "1Thlat touar petitioners, by- the6 said rules and tegulations ado' rt by t'he zaidjustices, in contravention, as they verily believe, a leh 14th reguilaton, sect, tO, 4th George IV., cap. 64, are allowed on borir oniy1 ire each working day to procure for themitelvet; necesar: fo,aosuc.h other articles as are absolutely necessary in their si tuation., arid this unfeeling limitation is reduced to the shiort spac of. 30 nminutes on Sunday, in the timeobf divine service, in violatiot of' that moral decneny so suitably enjoined oin the Sabbath -day. (T'he great inconvenience and hardship of this linsiratien, in re riar -to t'ime, yourf petitioners severely- feel,' by the mnany privation thley atrt forced to undergo, and which they consider unauthorized h'~ the said act, whirh expressly provides that ' prisoners who shall n i reaeive anv allowance from tfiecounty, whetherconfined fordcebt or bce farestia, ihall be allowed toprocurO for themselves, and to receive a -roper hours, any food, bediding, clothing, &c.' That this departur fr'mnthe spiiitefrhe act, by the said justices, is felt by your petifioner as arn act of oppression, especially where their friends and r-elative haippen to r-sde at a distance, or the wanit of means puts it bryoni hirposer to obtain the said necessaries, and to hiave them brough ntitre g2al at thisi magisterial hour. It also fatlls with a cruelt~ al.mni unexampled in county legislation on tIre uanfortunate debitoi whose fhine it is to render to pirison after 12 O'clock, as he must thec remain till I1 I 'clock the next day withiout food, unless he choose ti acce-pt the counity allowrance of bread, weighing one pound and:; half, nt nine oi'clock;, anid, in the latter case, he-must fast 21 hours if n'ot relie~ed by the sympathy of hig fellow-pnisoners. "That your petitioners flurther crave thie attention of you honour hine bo-ase ,to the 24th and 27th arTicles of the saidarules and regu l-aflans, whereby all visiters are obliged to quit the prison at 5 o'clocl from Lady-arij to .1lichiaemas, and at three from MVichaelmnas ti lady-d' ay, by wrhich vour petitioners are excluded, at an early hour from the priticipal sola'ce left them during their captivity-the societ: of their wives and children; and their imaprisonment is in many in starncc3prohtinged in consequence 'hereof, their professional agent. not bcirigallowred a-ccess to the prison after the time specified, al tlreag it may, be of the last importance to the debtors, who, durim1 the sittiEgs of the Insolvent Court, are almost deprived of the assist once of theirzaid agents, as they seldom are able to reachi the priso: befo-e- the expiradion of the time prescribed by tes"e regulations. Youir petitioners fu.rther beg to state to your honourable housi euch eifr the prominent. griceancesi as they the mote imniediately ani zcctely feel--grievances which, with submission and humilityT ti your hoDnoarable house, they conscientiously believe have been Im pMsd uponi them in consequence of the Justices of the Peace for th, county of Surr6ey having'cartied. the discretionary power which the, conceire to be rested in their hands by the 4th of (leo. IV., cap. 6.4 to _=i ertree's-m --1-. eliu5gt-ew,--ssottitse construe timn of the law; for your petitioners are at a loss to understand hot the rules and rglauions passed by them regardingdebtors, be6om epli.cabie to tl a, class of prisoners- Thre concluding part of eli 10th sectin of' the aforesaid act particularly en.toins them, it the execution of'this duty, to consider how far suen rules may b. applicable, or ca'm be -apPhlied, to the particular description or class Prisoiners confinied in sac Prison. "Your petitionera, therefore, most earnestly and humblybeseecl yotra'hon- house will, in itS aCCUStoamed hiumanity, take such moea isores, beibre the prorogatior of Parlisenet as, 55 ay be deem-ed boa calculated to reliev-e them from thc undeserved and painful situatiot in which they axe placed ;but should it be considered by your hon house to be too late in this sessioni to aflord thenm rellefbVy an amhend ruatof the szid air, which your petitioners most respectfully solicit inartuch as the dLscretienary power of justices is concerned, you g-atonmr hope and trust your hon. houise will recommend tb Otigt Ron. the Si~retary of State for the Rome Department to ox, eCise any power ho may haLve over the said justices for the county o Surre-y, m order that your unfortunate applicants miay be treated it away rnora consistent with the constdtutional principlesofa free coun, In ngro% sol repugnant to the enlightened and liberal tiaxini: " And your petitioners, as in dutEy bound, will ever pray." PETITION OF LUKE CARL-OS O'CALLAGMAN. Mlr. A.BERCROMBY15 stated that he hiad now to present a Pt~ tlimir from the individual whiose name had been so often alluded ti is the course of tl~e late discussion-.-he meant MVr. O'Callaghan Thze ease of that gentlemian had excited great public attention, ant the only reason w7lich he could tind fer its having done so was this- il' henthepubic loke totheoffnce whichi Mlr. O'Callagbar landeanristd, tetheproocaton wichlie ailreceived, to thie re, creunenatio whch te jry hd gven im or ercy, and to th( creaineas o whch e hd suseqenty ben sbjeted in conse. .aeoe o hissenence thy sa tht thre as set,a differenct beT-ee th ofene sa th puishent ascopelled them to with. hOldthri syepaty frm th pdisliment, and to give it to the per. son on w7hom thea Vanishmet wa., inflicted. The petition was in Imi opnionz well deserving the attention of the house; and he thoughi heright. hon. secretary, if he wook it 'under hiis con. E'eio,would, see that the petitioner had suffered a degret of punishment foX the space of a week, which neither the nobli &xaiimsn wrho pass;ed thie sentence, nor tine bench who con. cored in it, intepdled him to suffer. The honourable moem. ber then went into the particulars of Mir. O'Callaghan's ease. read:M thL-o fros.a the petition whichel is subjoined. At'tei them,he caied he attention of the hiouse tc th act, Mb- lr. O'Callaghan had been obliged to submit to thiz e:xtrzorisarytreatinent for a week, and that he had -not ceased -to siFfer from it tuntil hbis hon. friend (thie member for Surrey) wvith a humanity that was highly creditable to him, had interposed Isis au- th!or_ty to put an en.d toitL He -asked whether any persoin, leoking at the provrocation -4hich Mlr. O'Callaghan had received, the offence he had cozamitted, zad the condition of life in -which he moyed, 'would have arubjected hini to all the severities which lie had under.. gone? It had been said that the bench, in passing sentence on bir, 0YCal1eghan, bad taken t-he recommendation of the jiury into their =kduniidaon; but ire reply to that assertion, lie nasked whether the bernch could have passed the sentence which it had done, supposing th-ey hIlI known the diffarent aggravations which it was to reeetve !irznrithe gaol regulatiqas? Looking atmallthe circumstances ef the he thaazht that s=rng grunds were laid for the interference athhos,andl for its calling on the right hon. secretary to re- 'nedtePetltionet to the mercy of Hi s M1iajesty. The petition <:,d cut so tmuch apply; to the sufFerings of the petitioner asi it calfled ipen the house to prevent similar severities from being inflicted on c:thcrs.. 1e moved thtthe pettio be brought up. LordznASTNOR as.sured the house, that he never undertooka =oose pas~oufl duty in Jhis life, than that of presiding at the late Q-A&e 'SmEoaslo fGr the county of Surrey. lie undfertook it not fro-m anr wish of his oA', but at the requecst of his hon. friend the zleberfor the county,' in order to give the magistrates time to d=a proper successor, to their late worthv chairnan. He could asrar tharn that be bad given his best attention to this case, and tha.t the rest of the bench'had done so too. They did not wish, to-do any thing hanrsbb but they thought that they were bound by their scnaeca to mark- their opinion Of the assautlt which had been cam- =roined He did fe-l that without a strong case, it was. imrero SjJOOein ros nous to ot occrre ebetejdca tpripunalo zMdc in that house to wbat occurre2 eoetcjddca rbnl of tuh country; but after what had fallen on the precsent occasion fotr; bon. members, he felt himiself bound to state. that the provo- atiao whicb Captain O'Cal2aghan received did not appear to be sads as warranted the assault he had made on the prosecutor. He did ur: fed it necessa"r to say more unon tlat part of the sub- ics If he had felt the sentence to be harsh, he certainly should =oat hax-y pasted it; but he did not feel it to be harsh at the time, sdl rpen the reflection which he had since given to it raore than iui. ba was confirmed in the opinion that hehad done nothing more .-n his duty required of him. There were, it was true, facts cited by the learned connel for the defence, whlch, if they hati -, v iased, would haveformed aprovocation sufficient to justtfy the 35cnrtt but so farwere those facts from being proved, that there was r idence on the othsr side to negative their extstene A de ,CeP, which added insult to injury, was considered by the whole a=Ceciasan z7graration ofthe original oftence. Mr. MtADERLY trusced, that as there was to be a meeting of he Szrrey magistrates to^morrow, they would rcsolve to appeal to herehr hon. Eecretary to shor:en the dora ion of Captain O'Callag_ 4an's uii;reL~mens, in consequence of the aggravation it had re- ;;d from the ve-y hard' discipline which they had imposed upon P Forthe honousr of Surrey, hchor,ed that nobody would r ,Ot *_ euFfer in any of' the county gaols a gtreater punishment ,p=n that to wlutic the benCh intended to consign hitm-. 'The pzetian Tras then b.ought up. On theques2ion tliat it be read, jL lnd EAST.NOl)R seizail the opportunity, to observe, that at the l:hepassedaentcnceos the petitioner, he was not awarecf the arise-nature of2the prisota regulations. He said, atthe time the ^can a rmezoriaivzed the magistrates, that tlhere must be some ~i'SalC, as there was no intention to deprive him of any fair indul. - -lr..DE(ISON. said a feve, words not 1istincly audiblein thL lgallcry.. Mr. ABERCROMBY obseryed, that t1iii-statementi whiah'tbhe loble lord-had just mn--e did awa.y with the neceissity of asking him a qucstion which he previoilsly intended to 'hive put to him; ramely; whether, -when-he-passed-sentence oro:the prisoner, he-was acquainted wviti the treatment he weoulti have to undergo? As thc right honourabic- secretary now- liad it from the chairgtan, th)at at the time he passedl the sentence' on Or. .' allaghan he did not know the treatinent which lie wouild urndergo. in 'Ihc prison, he thought that hle Nr. Peel) was. bnund, even upon-his own prinlci- -ples1 to remit to th`c petitioner the remlainder of lis sientence, The petition was then ordered to be printed. It was s follows:- "-To the LlonouXrable the C .m ons o': GSeat lirin'and Iarelad, t - .. . . --in- -'ariiarnent assembled;. TsiThe humblcPetition pf L,uke Crios O'Callaghan, a prisoner . . . -now-confined in the-Surrey Gaolk. - -- . - H1umblv slioteth,-..-That yottr petitioner was on .iondaythe 14th insnta triet at the Quarter Sessions for the county of Sdtrey, for an: assault on the Rev. James Saurin . that an the trial it appeared that -your petiti6ner had some ladics utnder hisp.-otectiou, and thar it was in resernting What he-conccireh to be, and what he still believes to hsave been, a wanton insult to those lalies by the prostcutor *that your petitioner committed the act which, the jury on thf'trial fonand to be a breach of the pease. "- That thc jtiv; rlihpessrd 'ith. the fee'ling that the conduct of the nrosecutor hatn provokcd thle assault, did, in -pronoitciag your petitipo,er gu ilty, strongly recoromead him,to the tov of the Courti-;- but that, n6lwithstanding such- recommendation, the Court sentbticed bini to animprisonulent of.one.month'in thecounty gaol, and to pay- a firc of-`I. - "W lahfron5ttp timeol his irmprisonment yoar petitioner: was limited(wiih the exception of part of one day) to the cou^ntY allow- ance oF coarse brown bread and ivater; that thougi he repeatedly asked permission to provide himself at his own expense, such -per- mission was constantly reftised by orger of tbh visiting Justices- Your petitiouier was, during the above time, confined for 12 hours in each day in a solitary cell, 8 heet 6 by 6 feet,4, having no otber sleeping place than a mattress sore4d on a plank 20 inches and a haIr wide, with a covering of: two rugs, and exposed in this situation to the damp night air, there beinit no giass vithin the iron grating of his cell ; that in the elv-timne Iiiis confined to a court about eight yards by six; tbat in tie sitting or dayvroom there is neitthcr table or chair, oranvy restingplace except awniarrow bench close to the wall. "That your petitioner has-been prevented fromt holding any coms- munication with thie friends who visited himn-in prison-except throoug' two iron gratings, placea several feet. apart, exposed to the inclemency of tbe weather, and liable to have aU that passed between thetit heard by the strroutding prisoners. That your petitioner was, during this time, not allowed even pernrissio'n to receive or read a newspaper. "That notwithstaridine that your petitioner niemorialed first' the maeistrates, in Court of Quarter' Sessions; and afterwards the visit- ing Justices, statinqg his case, and praying for redress. your pet- tiotner rece-iiedirib relief from either source; and that he continued ta tbe treated (as lie -rcespectfull v submits) mnore like a felon than a mere .miademeanant, up to Monday,.the 21st, when, by the humaine in- terposition of i'dr. Denison, a meimber of your honourable house = (and one of the visiting Justices) some relaxation took place in the severity of your petitioner's treatment; but tbatbhe is still subjected tomany restrictions andprivations, notcalledfor, as behumblysub- mits, by the nature of his case. . Tlhat vour petitioner has transmitted a memorial to the Right Hon. the Secretary of State for the Home Department, stating the nature of his sufferings, and inploring a remission of his sentence. L "That this memorial w-as accompanied by one from thejary whe tried your petitioner, in which tbey earnestly recommended your pe- titioner to the mercy of theCr9rvn. on the ground of the provocation given by the prosecutor. "That your petitioner bas every confidencethat the humane dispp. sitionof theRightHon. Secretary of State for the HomeDepartment I will lead him to give to vour petitioner the most merciful consider- ation; but your petitioner, believing that, ai faithful guardians oh = the public librty, yeur honourable house will feel disposed to give 3 effect to the prayer of one in whose case that liberty has been ejo- r lated, mosf humblv implores t' That your hoiourable house, taking al the eireumstances of hi - ease into consideration, tony be pleasetd to support the prayer 01 your petitioner's memorial in such a manner as to your honourabli house shall seem proper. " Your petitioner farther mnosthuridly begs. that your honourablc l house may be pleased to institute'an inquiry into the condauct of the l visiting Justices with respect to your petitiOner's treatment, and alsc Linto, tbe nanner in which prisoners generally are treated in the Sur- ,rey aol, in order that timely steps may be taken to remedy such ,abuses as those under wvhich he now suffers. " And your petitioner, as in duty bound, wil ever pray. "Surrey County"LUKE CARLOS OWCAL.LAGHAN. Su yGaol, Horsenonger-lane, June 24, 124." , r.PEL IRISH DIOCESAN SCHOOLS. Dllr. PEEL appeared at the bar of the house, and stated that His AMajesty, in conseqience of an humble address presented to him from that house, had issuedacommission toinquireinto the diocesan schooLs of Ireland, and into the other means of educating the pOOI of that country. EVIDENCE ON THE STATE OF IRElIAND. I#r. C. HUTCHINSON rase to move, that the minutes of evi- dence taken befbre the select committee appeinted to inquire into the causes of the disturbed state of Ireland, shoald be laid before the house forthwith. He said that he was encouraged to make this mo. tion because the evidence did not contain a single syUablereflecting on t?ie MalrquisWellesley and theGevernment; because thecommit. ltee before which it was given was not a ecret, butaselect committee; because each member bad a copy of its proceedings: and because the evidence was not unknowni at present, in consequence of severMl l of tbe vitnesses having furnished details to the public of the o examination wvhich they had undergone. It was tnost desirable that this evidence should not go fbrth to the public in anv partial ol garbled state. Aof itsbouldbepublishedornothing. Besides,il it were not published, a breach of faithslwould be committed, inas. _, hy.b aw vex, ffon n ..y cousentec tnattfidevidence _t te nthe insurrection act should be pTinted, on condition that the remainder of the evidence oa the state of Ireland should be printed also. It was no answer to him to say that the labours of this committee were not concluded. In many cases which might be lcited, that of the Police Committee in particular, evidence bad been published at the close of the current session, without any reference F to thefact of conclusion. This very committee on the state of Ire. land had received permission, at its first fosmation, to report from l time to time. As niatters stood, all that the committee had done publicly bad 'been to support the renewal of the in- surrection acr; and the house was not doing its duty, if i it suffered a prorogation to take place without the fuU pub- lication of the evidence as far as it ha4 been taken. The hon. gen. tleman,after regretting the disposition on the other side to conceal all disclosures with respect to the real state of Ireland, moved that the evidence taken before the select committee on the Irish disturbances should-be laid before the house forthwith- itlr. GRATTA. N seconde4 the motion, and declared Ireland ge- nerally was most anxious upon the subject. Lord PALMERSTON vindicated the committee from anv in- tention or desire to avoid publicity, and stated that the extracts of evidence brought tbrward upon the question of the insurrection act had been selected by two members, one fron. each side the house. He objected to the publicatitin of the evidence, because, being partial at present, and imperfect, it might have an operation in- jurious to the tranquillity of Ireland; and tarther, if it were pub. lished at present, it must be published without any expression of opinion from thir committee. ktlrt-J. S31ITH confirmed the recollection of liis hon. friend the mr.emrber for Corkt, as to the custom of commiittees reporting without waiting for the conclu.sion of their labours. Having much confi- dence in the exertions of this committee on the state of Ireland, he had certainly hoped for the publication of the evidence previous to the close of the session. Ireland s,as not likely to be disturbed, he thought, by seeing that grievances already familiasr to her were un. der the notice anel consideration of Parliament. Thinking the with- holding of the evidence more likely to produce commotion than the publication of it. he should support the motion of his hoit. friend. SirJ. NEWPORT declared, as a member of the committee, thzat hisconstant impreasion%had been that theevidencewas to be pub- lished at the closeof he session. Ion. gentlemen talked of the commit- tee continuing its labours (aF a matter of coaTse) in thenextsession; but were they not aware that the question was, in fact, one of re-alt- pqintment, or indeed, new appoinitment; and that, according to the customs of Parlament, with the session expired the committee5 For the publication of partial evidence_all evideiice published mirst be partial; for when could a committee say that no more was capa- ble of being given ? Being convinced that disclosure would produce tranquillity rather thtan disturbance, he should support tne motion for publication. wMr. GOULBURN opposed the publication, which he thought would he mnischievous.- The motion was ther put by the SPEAKER, when Colonel TREtNCH rose, and declared, that in the then state in which he saw the house, he could not allow 50 important a question to come to the vote. Ilis motion was, that the house should be countedi. The gallery was tIlen cleared; and thirty-seven members only being present, the house (of course) stood adjourned to to-morrow (this day). I HOUSE OF COADMONS, TaURSDAY. JUNE 24.