he would recommend it to the people were loyal, and that the number pic of England to petition the houfe of commons to repeal the habeas corpus act at once, and give minifiers a dictatorial power. The Secretary of War faid, that as the honourable gentleman had always ppofed this fufpenfion, he would have been inconfiftent with himself if he had not done the fame now; but the question was not what Mr. Sheridan, but what the house of commens fhould think upon the fubject and in the determination of this, another question was involved, whether any fuch change had taken place as to require different meafures from thofe which parliament had adopted to preferve general fafety? Now we were not warranted to fay there was no fymptom remaining of the mifchief so much dread ed, and therefore the bill was neceffary. The non-appearance of the evil, inftead of being a motive for taking off the restraint, was a caufe for its continuance. If it had not broken out, this was the reafon; and to repeal the act because it had been efficacious, would be as abfurd as it would be dangerous. He beTieved jacobinifm was on the decline, but he hoped the house would guard against it in all its poffible forms; its advocates were filent becaufe they were now liable to punishment, but quietnefs was no proof that there was no exifting plot. What was the cafe of Ireland? A confpiracy was discovered by an accomplice; and if it had not been difcovered, the capital would have been reduced to afhes. He did not mean to fay that the metropolis of Great Britain had been expofed to the fame danger, nor that thefe confiderations made up the strongest reafons for the fufpenfion of the habeas corpus; yet they had weight and although he believed the great mass of the peo : of the difaffected was reduced, yet this bill took away the power of thofe men whom nothing but the want of power would render harmlefs, and he knew the extensive mifchief they were capable of perpetrating. As there was no change therefore in their difpofitions, he hoped the meafure would be fupported. Sir Francis Burdett appofed it vehemently: he was at a lofs to comprehend what was meant by jacobin principles being on the decline in England, unless it implied the principles of liberty. He bad not language to exprefs his feelings on the repeated fufpenfion of the habeas corpus. If any part of our conflitution was preferable to another, it was this act, which, when removed, left very little difference between one government and another. Was not two years fufficient for the imprisonment of those unhappy perfons confined in the Cold-Bath Fields, and did not their detention evince a fear in minifters to bring them to trial. He took upon himself to affirm, their innocence was their crime; and its difcovery might do mifchief. If their guilt exifted, was it probable it would not be made public, when its publication would fo much ftrengthen the cause of adminiftration? As a refutation of thefe affertions, fir Francis demanded they might be tried. The power conferred by this bill had been already placed in the hands of men who abufed it; illegal warrants had been iffued out; powers not known to the conftitution were paffed into the hands of Bow-ftreet ruffians upon the warrants of clerks in offices, who, under their authority, went down to Manchefter, and dragged mafters of families from their own houfes at night, amidst the cries of thofe fa milies; milies; handcuffed and loaded them with irons; fhut them up in Clerkenwell prifon, where they were lodged under pain of body and mind. When out of their bands, they applied to the humanity of the jailor for relief, in confequence of the fwellings of their legs occafioned by the treatment of these favages. What would the immortal Chatham have faid on the recital of fuch oppreffion! the thunder of his eloquence would have fhaken the house, and the avenues would have been thronged with auditors, whilft he had pointed out wherein the fuperiority of our country, wherein the excellence of our conftitution, confifted. It was in this that the cottage of the peafant was as facred as the palace of the king; though humbly thatched, it was fecure, and an afylum which dared not be violated. He would have raised a storm from which the fenators would gladly have fcreened their heads, and haftened to their homes: but, now, the character of the house was power and not language, and majorities did not depend on reafoning. Here the Speaker interpofed, calling to order, and condemning the impropriety of thefe expreflons. Sir Francis refumed his fpeech in reference to the attorney-general, and faid he did not forget his predeceffor in that station, who had paffed to power through the gradation of fimilar fervices, and was now in a way to the first place in the kingdom. Sir Francis concluded with declaring he would ufe his utmost efforts to oppofe tyranny and corruption; and though there was caute to complain of 8000 prifoners delivered up on the failure of the late expedition, yet this was not fo much to be lamented as the fate of men who were illegally, unjustly, and cruelly con fined. Mr. Canning obferved that the baronet's fpeech was a proof jacobin principles had not ceased to produce their mifchievous effects, and that this gentleman thould profefs bis ig norance of them-nay, imagine they were only principles of liberty, gifted as he was with confiderable talents and eloquence, was a ferious caution to the house not to be impofed upon as this honourable member certainly was, by conjecturing jacobinifin to be liberty! When by this fyftem, aided by the fword, governments were overthrown; when the papal religion, under the moft malignant effects of fuperftition, had not produced half the evils of thefe principles; was it not our duty to guard against them? England was the only country which had efcaped their influence; but factions ftill were to be found amongst us, and the events on the continent prefented many views for their ambitious prospects. Only two perfons having been taken up in two years, was a proof that minifters were not inclined to abufe their truft. The charge of cruelty for arrefting people of Manchefter at night who were found to be feditious was ridiculous; a warrant might be executed then as well as by day; the officers arrived at night, and fought to fecure their prifoners then; the houfe was opened by legal inftruments, and they acted according to law. He admitted that the cottage was as fecure as the place, and the main object of the war was to maintain this equal fecurity. But the French had made one indifcriminate wafte of cottages and palaces. Thanks to our parliament, it had not been fo with us; nor would it be, as long as we could preferve the higher ranks of fociety from the infection of jacobinism, and the lower from the feduction of them. On thefe reafons he gave his vote to the bill. Mr. Wilberforce faid that minifters were entitled to confidence until it could be proved, from their conduct and character, there were good caufes for refusing it. Parliament was to judge by thefe evidences whether they were inclined to abufe their truft; and would also confider whether the perfons who oppofed the bill might not be impofed an, and whether they had not been under fuch impofition when they attefted upon oath the characters of men who were afterwards convicted of the crimes for which they fuffered. And this teftime.y had been given in a court of juftice; and he thought, if they did not confefs they had been mistaken, they fhould at least refrain from the prefent difcuffion. There was another flatement which he wished to corr&; which was, when the habeas corpus was taken away, all was gone. This was not true; many valuable rights remained; the liberty of the prefs, even to a degree of licentioufnefs, and the liberty of fpeech, remained. Mr. Wilberforce then entered into a defence of the late attorney general, and expreffed furprife that the flightest attack fhould be made upon men filling the departments of the law. Whatever might be the difference of parties, calumny had never before caft the leaft reproach on the adminiftration of justice. Mr. Sheridan obferved, fo much had been faid to which he wished to reply, and as the forms of the houfe would not allow him to ftate it as explanation, he moved for leave to bring in a bill for the fufpenfion of the habeas corpus, whenever it hould appear manifeft to the houfe that it was neceffary. Mr. Speaker faid, no provifional order could be made. Mr. Pitt was of opinion no member could make a new motion for the avowed intention of fpeaking again on an old fubject. He did not doubt but the honourable member wished for an opportunity to reply; but as this defire was fo ftrong, it was a pity he had not afked any of his friends who fat near him to move an amendment. Mr. Speaker remarked that any member might move an adjournment of a debate in which he had already spoken. The Mafter of the Rolls thought the houfe only gave the right of explaining. Mr. Sheridan faid he would not move any adjournment, though it was evident he had a right; but he challenged Mr. Pitt to debate the whole queftion with him on their own principles on the fecond reading. -Ayes 69-Nocs 9-Majority 60. The debate on this fubject was renewed with fresh acrimony on the 19th of February, on the fecond reading of the bill, when it was oppofed by Mr. Jolife, who thought it ought to expire, were it only for a day, rather than, like the mutiny or land-tax bill, be renewed year after year, as a matter of course, and thus become a part of the conflitution. If the plea for continuing it were admitted (that no harm had refulted from its fufpenfion), it might affect future generations. He complained that the chancellor of the exchequer had fuggefted, that all who differed from him were to be claffed as jacobins. He exonerated himself from the charge, and faid it was illiberal to treat gentlemen thus who were exerting themselves for their country. He moved for the fecond reading to be poftponed fix weeks longer. Mr. Hobhoufe, in a speech of con confiderable length, pointed out the inconfiftency of minifters in the arguments used to fupport this bill. Upon appearance of danger the liberties of the fubject were to be fufpended; upon difappearance the fame fufpenfion was neceffary; and thus, whether the ftate were or were not expofed to danger, an individual might be committed under a warrant from the privy-council, and denied the privilege of demand. ing his trial. it was the fashion to call them ftill acquitted felons, and the verdict of a willing jury did not establish their innocence! Mr. Hobhoufe animadverted next upon the treatment of the prifoners confined in the Cold-Bath Fields-fpoke of the fmall ftone cell, in which colonel Defpard had been thrown, without fire-place, chair, or table, and which admitted wind and rain, without Eight. Was this a proper place of confinement, he would not fay for Traitors, but for this meafure, a gentleman of rank in the army, would no longer lurk in hiding but for any perfon unconvictedplaces, but on the firft occafion rufli untried? Was it juft to inflict the forward to accomplish the deftruc- fame kind of imprisonment upon tion of their country. If this were thofe prefumed by the law to be an accurate flatement, the fufpen- innocent and thofe on whom fenfion act had only produced a hollowtence of death had been proand delufive filence; the fuppreffion nounced? of murmur, not the extinction of difcontent; and had therefore been inefficacious. Mr. Wilberforce had affirmed that it was our duty to confide in adminiftration. This was convenient doctrine, but it became the houfe to inquire, whether this confidence would be well placed? Had not their whole conduct hitherto been a fyftem of railing falfe alarms, and exciting groundless panics to acquire acceffions of power? Had they not in the year 1792 fuddenly embodied the militia, fortified the tower, and thrown the country into confternation, upon the idea of a formidable confpiracy? and what did it prove to be? A trifling riot at a few places in England and Scotland amongst the labourers for an advance in their wages! In 1794 it was publicly announced that certain political focieties were engaged in traitorous plots; many perfons faid to be leaders in those focieties were foon arrefted on a charge of high treafon: they were tried, and uniformly acquitted; but To grafp at illegitimate power by a fyftem of terror had been the leading feature in the present adminiftration. This bill empowered the privy council, or fecretary of ftate, to detain perfons after commitment, without allowing them the privilege of habeas corpus; but it conferred no power to commit them without information upon oath, or having recourfe to forms requifite before a common magiftrate. Many had been fent to prifon on a mere warrant of the privy council, without any affidavit being lodged against them, or the facts ftated for which they were accused. Was not this a grofs violation of the law of the land? and would not a day arrive when minifters would pray for a bill of indemnity to fhelter themfelves against the punish. ment they fo juítly merited? and were thefe the minifters in whom it was our duty to confide? Mr. Sturges faid, he would not trouble the houfe by detailing the different inftances in which the habeas corpus had been fufpended, M 4 and and the comparative neceffity of it at each period; but only call to recollection one of thofe events which demonftrated that the best government, administered by the best men, might be endangered by the weakelt of its fubjects. He alluded to the confpiracy against the life of king William, for which fome were brought to trial, and others im prifoned. The habeas corpus was not only fufpended, but a power was given to his majefty to keep thofe who had not been tried in cuftody; at firft from year to year, and at length during pleature. That pleasure continued during his life; on his demife the danger was not confidered as extinct, and the fame power was granted to queen Anne. Their imprisonment continued during her reign; and on the acceffion of the prefent house a fimilar act paffed, which was again renewed by his late majefty king George the Second; and the laft furvivor of thefe unhappy perfons (Bernandi) died in Newgate in the year 1736, at the age of 82, after an imprisonment of 40 years, without any allowance from government. He did not mention this cafe to applaud it, but to fhow what had been done in what was termed the best times. It was not fuch power which was now folicited; and thinking the power which had been granted had not been abused by minifters, and produced fecurity, he voted for the fecond reading of the bill. Sir Francis Burdett oppofed it again-affirming that there was no part of the conftitution which minifters had not violated, and indeed they had now left nothing but its corruptions. Mr. Tierney urged to be informed, if there ever was before an inftance on which parliament had been called to vote, without any ftated reafon affigned for the fuf penfion of our liberties; he challenged minifters to produce it. The report of the committee was faid to contain adequate motives; and reference was made to this; bur far from fatisfactory was fuch a reference-the parliamentary proceedings were to have referred the papers anew to a committee, and have gained a new report; this former report contained a direct argument against the measure; for, after ftating the circumstances, it added, "that it would be expedient to fufpend the habeas corpus till the first of March 1800." No mention was made that it ought to be continued beyond that period; and from a fpecified time being expreffed, it was fair to infer that the committee did not think it neceffary. He did not mean to imply any difrefpect to thofe gentlemen who compofed it, nor was he willing to fufpect abuse of power in miniftry; but might they not be deceived into an improper ufe of it? How could they prove that fome of thefe unfor tunate men had not been falfely accufed by fome under-strapper of the fame rank as themselves? He had formerly voted for the fufpenfion of the habeas corpus, laying afide all party motives, becaufe he thought circumftances authorifed the measure; but he did not then imagine any perfon had been taken into cuftody without an information on oath: and here he must again urge an inquiry which had never yet been pofitively anfwered, whether people had not been committed to cuftody without an information on oath? If they had been, minifters had grossly abused their power, had exercifed it cruelly, and with barbarity to give up men to the mercy of Bow-ftreet runners, to deprive them of their liberty, render |