293 fituation of the facts in the cafe? On the one fide there was the evidence of the minutes of the proceedings of the magiftrates in fuperintending the state of the prifon, and on the other, the accounts which gentlemen had received from the parties themselves. They had proceeded to enquire into the fituation of the parties confined in the fame manner as Don Quixote examined the galley flaves on the crimes which had reduced them to that fituation, and no doubt the one as well as the other would endeavour to reprefent themselves as fuffering without juft caufe. If, however, the evidence of the parties themselves was to be taken, it would be neceffary to take their evidence both ways. Mr. Smith's authority was quoted for the hardthips he fuffered, it would be neceffary then, as fometimes was feen in law cafes, to produce Smith. verfus Smith. It appeared that Smith himself entertained no great idea of the motives which induced fome gentlemen to intereft themselves about him, and imputed it rather to a wish to bring the matter as a motion before the Houfe of Commons than from any regard to him. It appeared also, that though Mr. Burkes, in an intercepted letter, complained that he was dying for want, the minutes of the board ftated that on his coming before them, they found it neceffary to recommend to him cleanlinefs in his person. The fame Smith too, in a letter to his wife, stated that he was in a better fituation than he could imagine, that he reflected against the use which had been made of fome things he had stated, and particularly difapproved of the comments of those who ftiled the prifon a Baftile. All these facts and confeffions clearly proved that the hon. Gentlemen oppofite had been impofed on, and that, from too credulously liftening to the information they received, they had brought a ferious charge againft a very worthy and honourable fet of magiftrates. This inftance, however, fhould not only teach Gentlemen not to take up their opinious fo lightly on fuch fubjects, but it ought to teach the public to diftruit representations given on fuch partial authority. It was of great importance that falfe impreffions thould not be given; for it was extremely difficult to root them out. To prove afterwards that they were falfe does not correct the evil they have produced, or ferve as an antidote to the poison they have diffufed. The credulity of the hon. Gentlemen themselves could not be accounted for but in this manner; after what they have faid, too, of the dangers which threatened the country; after conviction had flafhed on their minds from

what

what had paffed here and in Ireland, it was matter of wonder that they were not overwhelmed with remorfe and confufion for what they had formerly maintained; it was atter of surprise that their minds were teeled again the incontrovertible evidence of facts, and it could only be imputed to the early biafs their minds had received. For his own part he trufted that he was not the last to feel what was due to fuffering, but at the fame time there were feelings of another kind which ought not to be overlooked. He never could forget the faying he had read in early life of that great and good man Lord Hale, an ornament not only to the profeffion of the law, but to his country. When afked how he felt when she pronounced fentence of death on a criminal, he replied,

That he felt for the fituation of the prifoner, but he felt likewife for the country." He begged leave to recommend the example of Lord Hale to Gentlemen on the other fide of the Houfe. They feemed to be tremblingly alive to the fituation of those who were taken up on fufpicion of the greatest crimes, but they did not feem to be alive to the danger of the country. They ought not to be fo ready to lend themfelves to thofe who abufed their credulity. There was another point on which he felt himfelf obliged to make a few remarks. He had often heard things which had been faid with much mirth and pleafantry there, which were afterwards repeated with moft mifchievous confequences elfewhere. An hon. Baronet talked of the Baftiles which were erected in this country. The practice of giving these names, however, was of the moft pernicious tendency. Every one muft recollect that thofe who had formed themfelves into focieties in this country for the purpofe of following in prac tice what they admired in France, adopted the names of every custom and cftablishment to which the new state of things in that country gave rife. Thefe men acted well and wifely for the purpofes they had in view. They were wife children in their generation. They knew that if they could bring the names into ufe, they would prepare the way for the things. Shakespeare, the great mafter of the human heart, in one of his plays, reprefents the fondnefs of the mother as dwelling on the pretty words of the child. In the fame manner did the people here adopt the phrafes of thofe they wished to imitate. Gentlemen were not aware in what light their metaphors and allegories might be taken up by others. He recollected an anecdote, told him by a friend of his who had been prefent at a popular election in a certain borough. Se

veral perfons came to the poll, and voted for citizen fuch a thing, and against the other candidate, who was a banker. Some of the mob propofed that they fhould go and fack the Baftile, and let out the guineas, from a confinement more rigorous, probably, than that which the hon. Baronet had defcribed to be the imprisonment of the old Baftile. Gentlemen might thus fee in what light their metaphors may be taken up, and with what purposes they may be connected. With regard to the meafure before the House, there was ground enough for the understanding of every man who impartially viewed the ftate of the country, and recollected late events. Thofe who have thought that there was danger, who think fill that the danger is not entirely over, would not relax their efforts. or deprive the Executive, Government of thofe means by which they had been enabled to provide for the fafety of the country. He was happy that the prefent opportunity had occurred of removing the false impreffions which had arifen on this fubject, and he hoped that those Gentlemen, who must fee they had been deceived, would come forward and confefs that they had advanced this very ferious charge without fufficient grounds. It ought never to be forgotten that men, who expofe themselves to fufpicion must often incur the difadvantages of guilt. Men, therefore, should be cautious how they gave occafion for fufpicion, The fafety of the state required that we should regard it no Jefs than the cafe of individuals. It was a falfe compaffion which felt only for individual hardships, and was callous to the general dangers of the country.

He

Mr. M. A. Taylor confeffed that minifters had exercifed the difcretion entrusted to them with great lenity. thought, however, that there was no fufficient ground stated for the bill before the Houfe. He could have wifhed rather that the information on which minifters thought themfelves juftified in calling for the bill had been stated to a fecret commmittee, on whofe report he thould not have hesitated to vote for it. With refpect to public profecutions he neither impeached the feverity of the Attorney General, nor the courts of law. He had read the book written by Smith, and he thought it of the most diabolical tendency. If the Habeas Corpus was fufpended on the dread of invafion, however, it did not follow that now it was neceffary. He did not fee fufficient ground to justify the Houfe in giving up fo important a privilege. He was convinced the ftate prifone's had not been treated in the fevere manner reprefented, and VOL. 1. 1798. he

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he believed if the hon. Baronet faw that he had been deceived, he would be ready to acknowledge it..

Mr. Ellifon had voted before for the fufpenfion of the Habeas Corpus Act, and now faw no reason for altering the opi nion he then expreffed. As to the treatment of prifoners taken up in confequence of fuch fufpenfion, it was his with they should be treated not in a capricious, but in a conftitutional manner. He alfo withed that all magiftrates throughout the Kingdom would give in a report of the treatment of fuch prifoners, and confident he was, that from this report it would appear that the prifoners experienced a treatment fuch as might naturally be expected from hearts of humanity, in a word, from the hearts of Englithmen, and not what might be fuggefted by the callous hearts of gaolers.

The Attorney General, in explanation, faid that it was wrong to fuppofe that he entertained any with to keep those in prifon who were now detained in confequence of the fufpenfion of the act. On the contrary, his object was in having it continued, to prevent others from getting into prifon; for fure he was that neither the trials at Maidstone would have taken place, nor would there now be any perfons in confinement, had not the term for fufpending the Act been permitted to expire.

Mr. M. A. Taylor explained, and affured the learned Gentleman that he had by no means fuppofed him to have any fuch object in view, as that to which the learned Gentleman had alluded.

Mr. Alderman Combe faid that if there exifted in the kingdom twenty five thonfand, inftead of only twenty-five feditious perfons, he could not fee how it were poflible for them to act againt the King or the Conftitution. It must be evident to the Houfe that it was impoffible for fuch a number to do any harm. Senfible, therefore, and fatisfied as he was that the prefent ftate of the country did not require a renewal of the fufpenfion of the Habeas Corpus a&t, he felt it his duty to endeavour to preferve that act as a blefling, and not to get rid of and catt it away as a curfe

Mr. Wefern faid, he had heard nothing ftated which to him. appeared to be a fuficient ground for continuing the fufpen fion; though, if he faw that any real danger made it necef fary to refign that great bulwark of our liberties, the motion fhould undoubtedly have his concurrence. But in his opinion the country never food in a flate of greater fecurity, nor never did there exift lefs danger to the conftitution than

at the prefent moment. Our affairs, whether we looked at them in a foreign or a domeftic view, would be found perfectly fecure: there was nothing, therefore, which would justify him in acquiefcing in the prefent motion.

The Chancellor of the Exchequer faid he would detain the attention of the Houfe only for few moments:-But he could not omit the prefent opportunity of remarking on the changè of opinion that betrayed itfelf in the minds of fome gentlemen refpecting the caufe of the fecurity now enjoyed by the country. A worthy magiftrate has acknowledged that the state of the country is materially changed, and fo materially changed, that he fees no neceffity of adopting the meafure now propofed. He too had the fatisfaction of obferving that the affairs of the country, both abroad and at home, were indeed very materially changed. But on the caufe that produced this material change, both abroad and at home, on the fources from which has fprung this foreign and domeftic fecurity, his opinion differed widely from that formerly entertained by the gentlemen of the other Tide of the Houfe. To thofe falutary precautions which it was now his wifh to fee renewed, did he, and he trufted he might, fairly attribute that fuccefs which we have obtained abroad, and that fecurity which it is acknowledged we now enjoy at home; though by thofe who now confefs that fuch precautions had been neceffary, it was formerly afferted that they led to. nothing but difafters abroad, and to the deftruction of the conftitution at home. They now, however, join in congratulations on the fuccefsful efforts that have been exerted in order to refcue the country from the various dangers that threatened itdangers upon the authors of which the Houfe could not now look back without horror or indignation. Yet when he now folicited powers to obviate and avert the recurrence of those 'dangers, the granting of those powers was oppofed by that fide of the Houfe who before perfifted in a bold and pofitive denial of the fuccefs of thofe precautionary measures which they now confefs to have been wifely and prudently adopted. What then could be the object or the refult of fuch an oppofition but to prevent the adoption of those wife precautions to which the Falvation of the country has been fo generally and fo juftly afcribed? It is confeffed that the fate of the country is materially changed for the better, and does not this change prove how miftaken were the notions of thofe who reprobated the very means by which thofe dangers and calamities were prevented that have burft upon and defolated other countries? If fuch then have been the happy effects of the ufe of those powers which the wifdom of Parliament had entrusted to the hands of