Jordships, than by the appointment of a solemn commission to enquire into the facts. But parliament would not be warranted in proceeding to so solemn a step, without having very solid grounds of injustice and oppression laid before them. He agreed with the noble earl, that it did not require any reference to a particular act of parliament to prove the illegality of detaining the prisoner's letters. He had also an undoubted right to have free access to legal advice. But then there were cases in which it often happened that persons were admitted under this pretext for a very different and improper purpose. His lordship then read some of the other allegations in the Petition, as that the prisoners were locked up from five in the evening to eight next day, that they had no firing, that knives and forks were not allowed them," whereby man, the image of God, is compelled to gnaw his food like the dogs." His lordship concluded with observing, that he believed any noble lord who read the whole of the Petition through, would have little doubt, from its style and manner, that parliament ought to have farther grounds before they consented to a

committee.

Lord Holland was of opinion, that if any matter of petition was brought before their lordships, the proper mode was to go into a committee. If indeed, any noble lord stood up to contradict the facts stated in the Petition, or if, admitting those facts, they were denied to be improper or illegal, then, but not otherwise, there might be ground to deliberate before they granted a committee. But the noble lord opposite had stated cases in which enquiry had been instituted, and in which it had appeared that the complaints were unfounded, or greatly exaggerated. Was this a sufficient ground for suspending all enquiry in future? If so, the right of individuals to petition that House was a mere mockery. He should certainly consider it as a shrinking from their duty, if they suffered any such complaints to be referred to any other tribunal. He remembered the time when the petitions from the Cold Bath-Fields were presented. They were told then by the Secretary of State, as they were told now, that it would be better to leave it to the executive government to enquire into, and correct the evil. They waited two or three years, and then found that greater abuses existed than had ever been complained of. He did not apprehend that

the general good management of the gaol at Gloucester was a sufficient ground for resisting enquiry into the specific abuses which were alleged. It was like what he had read in a comedy-that a man's having a good character only enabled him to commit bad actions with impunity. The style of the petition had been. severely commented on by the noble lord on the woolsack. He had no doubt that if the petitioner had had the assistance of the language and eloquence of the noble lord, he would have presented a much more unexceptionable petition. But were their lordships to reject a petition because it had mixed up with a real grievance, a great deal of imaginary grievance, ill expressed? He knew of but two grounds for resisting such a motion as the present: first, That the facts are greatly exaggerated, and that the abuses do not exist; second, That what is complained of as an abuse is not really such. Neither of these applied to the present case. There was some inconvenience attending the calling of witnesses, but this in his judgment was greatly overbalanced by the general satisfaction and security afforded to the country by the knowledge that parliament was always ready to enquire into, and redress the grievances of individuals, who appealed to its justice and its humanity.

Earl Bathurst stated, that the magistrates in the neighbourhood had enquired into the complaints in the Petition, and had come to the conclusion that there were no grounds for them. The custom of opening the letters of the prisoners had always been one of the regulations of the prison. Legal advice had also been al lowed to the petitioner, and only improper persons had been refused admittance.

Earl Stanhope said he was glad that the noble peer had confessed himself out of court; for he had admitted the very thing he wanted to prove, the enforcing an illegal rule in the prison. His lordship descanted at some length on the hardships which persons confined for debt (which was the case of the petitioner) were doomed to suffer; and now they were to have the illegal hardship added to the rest, of having their letters opened and detained at the discretion of a gaoler. The numerous evils and vexations practised in our gaols justified an expression of a late his torian, that this country was the island of Bastiles: for there were more of them in

The Lord Chancellor put the question, and said that the Not Contents had it. Lord Stanhope said, the Contents must certainly have it. Upon which, the House divided-For the motion 6; Against it 24; Majority against it 18.

Earl Stanhope then moved that Mr. Cooper, a justice of peace, and another, should be brought up as witnesses. Lord Holland asked whether it was intended that any enquiry or investigation should be made by the Secretary of State. It would be satisfactory that this should be done, as the motion had been rejected. Lord Liverpool did not pledge himself to any solemn investigation; but as soon as he could communicate with his noble friend, to whose department the matter belonged, he had no doubt that enquiries would be made to ascertain whether there existed any grounds for further proceedings. The motion for witnesses was also negatived.

HOUSE OF COMMONS.
Wednesday, June 22.

LORD COCHRANE AND MR. COCHRANE JOHNSTONE.] Mr. Broadhead moved, "That there be laid before this House, a copy of the record of the proceedings upon an indictment in the court of King's Bench against the right hon. lord Cochrane and the hon. Andrew Cochrane Johnstone, members of this House."-Ordered.

STANDING ORDERS RELATIVE TO NAVIGABLE CANALS, &c.] Mr. Charles Dundas reported from the Committee appointed to take into consideration the Standing Orders of this House, relative to Bills for making navigable canals, reservoirs, or aqueducts, or for improving the navigation of rivers, and to report the same, with their opinion thereupon, to the House; that they had considered the matters to them referred, and had come to several Resolutions, which they had directed him to report to the House; and the same were read, as follow:

1. Resolved, "That it is the opinion of this Committee, That, when any applica tion is intended to be made to the House, for leave to bring in a Bill for making any cut, canal, reservoir, or aqueduct, for the purpose of navigation, or for supplying any city, town, or place with water, or for varying, abridging, extending, or enlarging any such cut, canal, reservoir, or aqueduct already made, or for making or improving the navigation of any river, or for continuing or amending any act of parliament passed for any or either of those purposes, or for the increase or alteration of the existing tolls, rates, or du ties upon any such cut, canal, reservoir, aqueduct, or navigation, notices of such intended application be given.

Mr. Goulburn replied, that as soon as the trial was finished, and the time had elapsed in which a new trial might have been moved for, he had received instructions from lord Bathurst to inform Mr. Le Marchant that he was not considered a fit person for the situation in question, and that another had been appointed in his room.

CAPTAIN MANBY.] Mr. Rose moved that the sum of 2,000l. should be voted to captain Manby, as a remuneration for his discovery, and a compensation for the expences incurred in bringing it to perfection. The right hon. gentleman stated,

cut, canal, reservoir, or aqueduct, is intended to be made, varied, abridged, extended, or enlarged, or in which such river, or such part thereof as is intended to be made navigable, or the navigation thereof to be improved, is situated, and of the parishes and townships intended to be omitted by any Bill for amending any former Act, and shall specify for which of the before-mentioned objects such ap plication is intended to be made; and if an increase or alteration in any existing tolls, rates, or duties, is intended to be proposed, the intention of proposing such increase or alteration be expressed therein.

3. "That such notices be inserted three times in the months of August and Sep

tember, or either of them, immediately preceding the session of parliament in which such application is intended to be made, in some one and the same newspaper of every county, in or through which any such cut, caual, reservoir, or aqueduct is intended to be made, or in which such cut, canal, reservoir, or aqueduct already made, is intended to be varied, abridged, extended, or enlarged, or in which such river, or such part thereof as is intended to be made navigable, or the navigation thereof to be improved, is situated; or, if there is no such paper printed therein, respectively, then in the newspaper of some county adjoining or near thereto; and that such notices (printed or written on paper), be affixed to the door of the sessions house, where the general quarter sessions of the peace shall be holden, for every county, riding, or division, in or through which any such cut, canal, reservoir, or aqueduct is intended to be carried, or in which such cut, canal, reservoir, or aqueduct already made, is intended to be varied, abridged, extended, or enlarged, or in which such river, or such part thereof as is intended to be made navigable, or the navigation thereof to be improved, is situated, at the Michaelmas preceding the said session of parliament.

4. "That, when any application is intended to be made to the House, for leave to bring in a Bill for making any cut or canal, for the purposes of navigation or drainage, or for altering or amending any act of parliament passed for any of those purposes, within the great level of the fens, commonly called The Bedford Level,' a further notice of such intended application shall be given, in writing, to the corporation of the Bedford Level, in the months of August and September, or either of them, immediately preceding the session of parliament in which such application is intended to be made.

5. "That, in cases where application is intended to be made for a Bill for making any cut, canal, reservoir, or aqueduct, for the purpose of navigation, or for supplying any city, town, or place with water, or for varying, abridging, extending, or enlarging any such cut, canal, reservoir, or aqueduct already made, or authorized to be made, or for making or improving the navigation of any river, a map or plan, and section of such intended cut, canal, reservoir, aqueduct, or navigation, and also of any intended variation, abridge

ment, extension, or enlargement of any cut, canal, reservoir, aqueduct, or navigation already made, upon a scale of not less than three inches to a mile, so far as relates to the said cut, canal, reservoir, aqueduct, or navigation, of such variation, abridgement, extension, or enlargement, be deposited for public inspection at the office of the clerk of the peace of every county, riding, or division, in or through which such cut, canal, reservoir, aqueduct, or navigation, is intended to be made, or such variation, abridgement, extension, or enlargement is intended to be made, on or before the 30th September previous to the session of parliament in which such application is intended to be made, which map or plan shall describe the line or si tuation of such intended cut, canal, reservoir, aqueduct, or navigation, or of such intended variation, abridgement, extension, or enlargement, and the lands in or through which the same is intended to be made, together with a book of reference, containing a list of the names of the owners or reputed owners and occupiers of such lands, respectively; and the plan shall also describe the brooks and streams to be diverted into such cut, canal, reservoir, aqueduct, or navigation, for supplying the same with water, and contain a plan of such reservoir, and the elevation of any such aqueduct, and such section shall specify the level, and describe the same by feet and inches.

6. "That the clerks of the peace, or their respective deputies, do make a memorial in writing upon the plan and book of reference and section deposited with them in manner aforesaid, denoting the time at which the same were lodged in their respective offices; and do, at all seasonable hours of the day, permit any person to view and examine the same, and to make copies or extracts therefrom, such person paying for the same the usual and accustomed fees paid to such clerks of the peace for the inspection and copying of, or making extracts from, records in their respective offices.

7. "That, before any application is made to the House for a Bill for making any cut, canal, reservoir, or aqueduct, for supplying any city, town, or place with water, or for varying, extending, or enlarging any such cut, canal, reservoir, or aqueduct already made, or for making or improving the navigation of any river, previous application be made to the owners, or reputed owners and occupiers of the