Sayfadaki görseller
PDF
ePub

possible for such a perversion of what really passed as this was to have taken place. The notice of "cheers," he certainly considered as giving a character and colour to these proceedings. It might be material here to refer to the period of the commencement of the French revolution; when the legislative assembly admitted persons indiscriminately into their gallery, to give reports of their proceedings. They were given with so many political partialities, and in so garbled and inaccurate a manner, that in order to guard against this growing abuse, it became necessary for the principal members to publish newspapers of their own, with reports of their several speeches. He had certainly experienced surprise at the general ability and accuracy with which the debates of parliament were given; especially considering the very short time in which they had to appear. He did not, however, see that their being published at 9 or 10 in the morning, instead of 3 in the afternoon, for instance, was a sufficient advantage to justify or outweigh an inaccuracy or misrepresentation of this kind. It was necessary that the editors and reporters of those papers which gave the debates, should feel their responsibility, and know that the House would visit on their heads those breaches of privilege which would not be suffered in other quarters. He thought it one of the greatest advantages resulting from the enjoyment of these privileges, that the House had the immediate means of punishment, in such cases, within its power; and that, consequently, it was enabled to inflict a more lenient one, than if it were compelled to resort to a court of justice. He was very willing to allow, that every circumstance of extenuation which could be, ought to be admitted, in regard to the person charged and as to the punishment, he was of opinion that they would be quite justified in giving a very short term. But, considering the nature of the offence charged, he thought it necessary to move that Mr. Collier be committed to Newgate."

Mr. Gurney said, that with respect to what had fallen from the hon. gentleman about the "cheers" upon which so much had been observed, he was entering the House at the time alluded to, and was on the floor, when he certainly did hear several cheers from those benches. The hon. member said, he was of opinion that this misrepresentation originated in mistake. He was the more inclined to think

so, from the manner in which it had been just explained, and the great appearance of sincerity on the witness's part.

mis

Mr. Brougham expressed his conviction that there could hardly be but one sentiment upon the story told by the person in question, as to the origin of the gross take. Now, he thought that the House in general believed that story, no member having put any questions which evinced a doubt about it. Any person hearing the passage in question read, must have been disposed to have concluded that it was not only an unfounded misrepresentation, but a wilful one; that it was dictated by malignant and personal feelings. He was willing to believe the disclaimer which had met the charge of personal feeling; but with respect to the culpable negligence with which the reporter stood charged, the House was bound to take into its consideration what had been the usual course in these cases. The instance alluded to by the noble lord went strikingly to show that persons in the situation of reporters might be well excused for misrepresenting the proceedings of the House, and believing that it would not be visited by its interference. He would also remind the House of a speech by the noble member for York. In one part of a particular paper there was a very correct report of it; but in another part, a most inaccurate report of the same speech, copied from another print, was made the vehicle of those slanders, which were heaped upon himself, the humble individual who now addressed them. But instances of this kind were numerous. No longer ago than yesterday a speech of his hon. and learned friend (sir James Mackintosh) which the whole House had heard with admiration, was most grossly misrepresented in the paper to which he alluded; and that, not after a short time, not in a hurry, but after several days, and in conjunction with several other articles of the same indecent cha racter. This speech was declared to be a most shameless and impudent attack on Ferdinand 7th. It was for hon. gentlemen to determine whether the reporters, partly by the necessities of their situation and partly by the lenity shown to them by the House on former occasions, had not been misled. He did not say this in any view of opposing the motion; but he thought it should make them cautious how they meted out punishment for an offence which they might in some degree be con. sidered to have encouraged. Taking all

cation which the witness at the bar had shown, would, he was persuaded, induce the House to select that sort of punishment which would convey the least feeling of disgrace. As to attacks upon himself from any part of the public press, he should ever treat them with indifferencein such a case as that which was represented (for he had not seen it) to have so calumniously reflected upon him with contempt. He also felt himself bound to

the circumstances of extenuation into consideration, he hoped the House would abstain from committing this person, but rest satisfied with reprimanding him; more especially as, in this case, they had already heard all the palliatory circumstances. If, however, this more lenient course was not the general sense of the House, so clearly was he of opinion that they ought to be unanimous in dealing with questions of privilege; so well convinced was he that they ought to adopt a course likely to pre-express his opinion in favour of the geneserve their privileges, and to visit severely any invasion on the part of the reporters, of their great and constitutional privileges, that he would be the last man in the House to divide it upon the motion of the hon. gentleman. If the committal of this individual was finally resolved on, as it appeared to be, he should recommend the House to rest satisfied with committing him to the custody of the serjeant at arms instead of to Newgate, and with making the term as short as possible.

Mr. Bankes was afraid there was no precedent in a case of this kind, of a committal to the serjeant at arms instead of to Newgate. In this case, he had no wish to press an unusual severity of punishment; he was anxious only that they should assert their own privileges, and administer justice tempered with mercy.

Mr. J. H. Smith said, there was a precedent in 1805, when Mr. Peter Stuart, of "The Oracle" newspaper, was, for a libel, committed to the custody of the serjeant at arms. He recommended that a similar course should be adopted on the present occasion. He thought that the matter urged in extenuation entitled the individual to all the lenity they could consistently afford.

Mr. Wynn said, that the old place of committal was to the Gate-house, but in later times it was to Newgate; and in selecting that prison, perhaps they would be consulting the convenience of the individual, and avoiding for him the expense which being in the custody of the serjeant at arms would induce. He had no objection to frame his motion either way.

Sir J. Mackintosh entirely concurred in the terms which had been applied to this libel, but from the statement made by the reporter at the bar, he was fully convinced the error (great as it was) was unintentional. He fully acquitted the individual of wilful intention, and feeling this, he could not but vote for the lighter punishment. The appearance of talent and edu

rally improved character of the public press, for whatever political bias particular newspapers might have and might exercise respecting the several parties to which they were attached, he never recollected a period in which their columns exhibited more general decorum, more general ability, more exemplary abstinence from attacks upon private life, and from those disgraceful invasions of the privacy of domestic character which were once so much indulged in. This great and valuable improvement in the public press, had arisen from the superior talents, judg. ment, and character of the proprietors, and the improved advantages and better condition, in every respect, of the gentlemen employed under them. On this account alone, even exclusive of the demeanour of the gentleman whom they had just heard at their bar, he should strongly urge the propriety of abstaining from any degrading punishment the effect of which must be to have a tendency to take away that sense of self respect and independent character which it was so essential to cherish in persons of that description.

Mr. W. Smith said, he knew the young gentleman personally, and could assure the House that he was a person of respectable connexions, of good education, and of excellent behaviour. There could, therefore, be no doubt that he would prefer the punishment of being taken into the custody of the serjeant-at arms to the degradation of being committed to Newgate.

Mr. Williams thought himself bound to state, that on the evening of the debate he had sat behind the hon. member (Mr. Hume), and had a distinct recollection of the following expression:-" The right hon. gentleman, and the hon. gentlemen around him, may smile." Soon after this there certainly were several cheers, although, no doubt, a few sentences intervened, which were lost in the gallery.

Mr. Bennet hoped the hon. gentleman

would make it a motion for commitment | attention to their interests by sir T. Maitto the custody of the serjeant-at-arms, land, who had always conducted himself because he was convinced that to be com- with distinguished ability and humanity. mitted to Newgate would, by a person of education and refined feelings, be felt as the greatest degradation. While on the subject of misrepresentations in the public prints, he had to state, that he then held in his hand a paragraph which contained the most licentious abuse of that House. He did not know what course they would pursue respecting it, but in his opinion it affected the character of the whole House.

The hon. member then read a paragraph from the Morning Post of the 27th of May, reflecting in coarse terms on the conduct of the Opposition.

Mr. Protheroe also preferred the moderate punishment. To men of education and literary talents, a punishment of the extreme kind would be keenly felt.

Mr. Wynn said, he did not feel the least difficulty in acceding to the general wish of the House. He was, therefore, ready to alter the words of his motion, and he trusted sufficient would have been done to warn the daily press against a repetition of the offence which brought the individual in question under the displeasure of the House.

It was then ordered, nem. con. "That John Payne Collier, for his said offence, be committed to the custody of the serjeant at arms.”

MILITARY OCCUPATION OF PARGA.] Lord Castlereagh, in bringing up certain papers relative to the cession of Parga, said, he wished to undeceive the House as to the part which our government had acted: we had never delivered Parga up to the Turks; all we agreed to in the treaty was, to withdraw our troops from the town, and leave the inhabitants to themselves. The only object the Parguinotes had, was, that the British government should make the best terms which it could for them. No authority had been given to any British officer to hold out to these people the prospect that this government would take them under its protection. No officer had given them any promise by which the good faith of the British government could be compromised; for the terms of our treaty had been fulfilled by the withdrawing of our troops. In the Ionian islands they could be protected by our government, and there they would be treated with every

Sir C. Monk was ready to admit, that all the treaties between Russia and Turkey, and those between France and this country, particularly the treaty of Amiens, had been revived; but still he thought the case stood in favour of the Parguinotesin favour of our defending them. If the treaty of 1800 was revived, and we, in terms of it, were obliged to deliver up Parga to the fate to which that treaty consigned it, the noble lord entirely overlooked the power which the inhabitants retained in that treaty to provide for themselves. If we revived the treaty in favour of one party, we were surely bound to enforce the provisions which it contained in favour of the other. By a supplementary treaty, the Ottoman Porte agreed to the independence of the Parguinotes, on condition of their allowing a Turkish superintendent to reside in their town; but that arrangement had been overthrown by the unfortunate state of things between Russia and Turkey. Let those, therefore, who were in a beneficial state before the treaty was broken, be restored to their former condition, when the treaty was again recognized. The Parguinotes, in virtue of former treaties, had a claim on Turkey. The effects of the arrangement to which the noble lord had agreed, were, that he had forfeited the good will of Greece, and given up the key to supplies from the Albanian continent. In connexion with this question, we ought to consider the influence which France, Russia, and Austria, were gaining in the divan. Every one knew that the Turkish trade was of great advantage to this country; and if we had cultivated the good will of the Grecian islands which we took under our protection, we should have had an additional security and facility for that trade. At present, however, we had only laid ourselves under the difficulty of protecting islands that were not able to maintain themselves. He should have entered into the question at greater length, but for the calamitous news which had reached this country, and which rendered any thing he might say useless.

Mr. Maxwell thought that the Parguinotes had a strong claim on our protection.

Lord Compton said, it was natural there should be a strong feeling in favour of

were.

men circumstanced as the Parguinotes | difference between a cession made in Eu There was one part of the subject rope or America, and that made of Parga on which he could not help putting a to the Ottoman Porte? In the former question to the noble lord-be meant with the transfer of a small estate from one regard to the sufficiency of the sum pro- master to another was slightly felt in posed as an indemnity to that people for comparison of the change that was effected the loss of their property and the sur- in the present treaty. They all nearly render of their territory. The sum granted lived under the same law; they enjoyed was only 150,000l., which, according to the same state of civilization; they held the estimate of their property, was not one form of a common religion. Take by any means adequate. There ought to the case of a West India island, for inbe some inquiry into this subject. Their stance, and it would be found that its property had been estimated some time transfer from one state to another created ago at 500,000%. little alarm, and produced a comparatively trifling change of security or property. The number of persons who in consequence expatriated themselves was ex

Lord Castlereagh said, that the valuation had been made by commissioners appointed by both parties. The estimate of 500,000l. was ex parte, and highly exag-tremely small. The case of the American gerated. He could only add, that every thing which could be done for that people would be done; that great kindness was entertained towards them; that they would never be lost sight of, and that they would be treated like those American loyalists who had fought our battles, and whose interests, when persecuted on account of their attachment to us, we had protected.

Sir James Mackintosh professed himself desirous of not troubling the House long, though he owed it to himself, and the consistency of his own conduct, to state his reasons for adhering to his former opinions, notwithstanding the observations and explanations with which the noble lord had prefaced his motion. He would wave the question of policy which this cession involved; he would wave all consideration of the treatment which this people would receive in their removal, as he would hold it to be a libel on the character of the gallant officer under whose conduct it was to take place (whom he knew well to be a humane and honourable man), and a libel on the cha racter of the country, to doubt for a moment that the utmost humanity and in dulgence would not be shown them in the deplorable calamity which they were doomed to endure. Two questions arose which it was more particularly his object to discuss: 1. whether the Ottoman Porte had any right by treaty to the cession of Parga; and 2d, whether we had treated the inhabitants of that place, in ceding their territory to the Turks, in the same manner and with the same favour as the inhabitants of those places that were ceded to each other by treaties between civilized states? To the last of these questions he would first advert. What, then, was the

loyalists was not at all in point; they were individuals who had been exiled from their country by the persecution of their enemies for their attachment to us, and we had indemnified them for their losses. But the people of Parga were to be driven from their country, and an attempt was to be made to compensate them for their country. Where did we ever hear before of a whole people removing from their homes because their territory had come under the dominion of another state? But this was to take place in the case of Parga. Out of 3,500 persons, of which the population consisted, only 30 or 40 of the most worthless were to remain behind. This horrid treatment of a whole community-this tearing up by the roots of a nation, and casting of it on a different soil, could not be compared with the exile of a few individuals banished on account of their political conduct. The American loyalists had received compensation for their sufferings; but what indemnity could be given to a people for the loss of their homes? Was it thus that Britons felt? Were we to tell these people, "You are to be paid for your olive trees, you are to be paid for the stones, and bricks, and mortar of your houses, and you are to consider yourselves as then sufficiently indemnified; you are to consider only as so much stone and mortar the homes which your fathers inhabited, the churches in which you and they performed worship, and which you have consecrated by shedding your blood in their defence? He would say nothing about the cession in this case; it was not an ordinary transfer to remove a whole people from their native land, and only to grant them indemnity for their olive trees and vineyards. Returning to the first

Ordered to lie on the table.

question, what right the Ottoman Porte | upwards of three years, and it was too had to the cession of Parga? the hon. late to say to them, "You have been degentleman contended that it had none. fended by the Venetians, you have been The noble lord had said, that the treaty defended by the French, you have even of 1800 was in force in 1815; but the defended yourselves, but we have distreaty of Bucharest did not recite that covered your position to be indefensible, treaty, which it ought to have done to and therefore we surrender you to the keep it in force. Russia and Turkey had Turks." The plain fact was, that the forfeited their rights before that time. treaty of 1815 referred only to one part Russia had received Parga under its pro- of the treaty of 1800, and that reference tection, and had violated a treaty by ced- merely for description. It afforded not a ing it to France in 1807. Turkey had pretence for the cession. Their having also forfeited her rights, by destroying received our troops into their city was as the three towns on the Albanian coast, binding as a formal stipulation to protect which had been delivered up to her them. in the convention of 1800. The argument of the noble lord was singularly inconclusive. He had contended, that, because Parga was excluded from the Septinsular republic by the treaty of 1815, therefore it ought to be given up to the Porte; whereas, it seemed more natural to argue, that as that power had forfeited its rights, Parga ought to remain free. It became us to protect that people who had wrested their liberties and independence from the hands of their oppressors-who, by tearing down the French flag, had planted that on which they had unfortunately relied for protection-who had shown how they could defend themselves against their barbarous aggressors, and to whom now, as the reward of their fidelity to us, we were securing a more liberal alms, and a kinder treatment from an abominable barbarism [Hear, hear !].

Mr. Bathurst contended, that unless we had agreed to this treaty, we must have taken upon ourselves the military defence of Parga. The question was purely one of compassion and generosity. We had procured for them indemnity on leaving their homes, because they could not rely on their own means of self defence. If we were bound to maintain them in their territory, he was willing to allow that no pecuniary compensation would be adequate for the loss of it. But it ought to be proved that it belonged to the Ionian islands, and that therefore we were bound to protect its inhabitants; whereas the treaty of Paris had distinctly separated the two possessions. If they could rely upon their own resources, we might retire and leave them to defend themselves.

Lord John Russell said, that when we accepted the submission of the Parguinotes, it was upon condition that we would protect them. We had held it for

COMPLAINT AGAINST MR. FINNERTY.] The Speaker rose and informed the House, that a Stranger had been just reported to him as being in the custody of the Serjeant at Arms. The Serjeant was then called in, and reported, that in pursuance of the Sessional Order of the 21st of January, he had taken into custody a Stranger, who was in the gallery while the House was sitting, and that the said person is still in his custody.

The Speaker then informed the House of the circumstances of the case, and of offensive expressions having been used by the stranger to a messenger of the House.

William Gifford, a messenger of the House, was then called, and being examined, he stated, that, being in the sidegallery, he observed a person who was sitting in the front row of the Strangers' gallery taking notes of what was passing in the House; and he being desired by the said W. Gifford to desist, refused to do so, advanced his note-book higher than before, and said to W. Gifford, "Go to Hell." Upon this, W. G. went and reported this matter to the deputy Serjeant at Arms, and then returning to the sidegallery, he found that another person who had been taking notes had desisted, but the person now in custody was holding his book higher than before; and that the deputy serjeant, having received the direc tions of the Speaker, had then taken into custody this stranger - whose name was Peter Finnerty.

Mr. Wynn moved, that Peter Finnerty be brought to the bar in custody.

Mr. Bankes said, that from what they had heard, there appeared to be no cir cumstance of extenuation in this case as in the last : he suggested, therefore, whether it would not be as well to leave the

« ÖncekiDevam »