had not Mr. Coke stood the contest, no con- | Sergeant, and said, that he made no observafusion would have taken place. He could tions on the evidence on which this bill was prove that the magistrates had done all they founded, because he had no materials for that could for the purpose of giving each candidate purpose, nor upon the preamble of the bill satisfaction. If these gentlemen had acted for the same reason; neither did he call any contrary to law, and their offence was at all evidence on the part of his clients, and that brought home to them, he for one would wish for the same reason also. The preamble of to see them punished, as an example to other the bill was important to be attended to in magistrates. It was by charters that we pre- this debate; that preamble did not merely served the freedom of the constitution; and state the late riots at Nottingham, but took wherever we lost part of our freedom, it was notice of many former riots there, and the by the destruction of ancient charters and pri- single question now propounded to the House vileges: he therefore thought this bill would was, whether they should apply a remedy to go a great way to rob the town of part of its that evil? As to the punishment, of which freedom. He should not object to this bill, if the Hon. Gent, who spoke last had said so it only gave a concurrent jurisdiction to ma- much, and had said it was without conviction, gistrates of the county during an election, or he knew of no punishment or conviction necesin case of a riot, except one clause which ap- sary to support this bill, nor was any thing plied to the magistrates, and which he so necessary to be adverted to for that purpose much reprobated. In order to slander the but the evidence and the resolutions now upon mayor and magistrates, it had been reported, the table. He was surprised to hear the bill that they had sanctioned the exhibition of a now before the House called the insulting naked female, who was called the Goddess of language of lenity; if there was in that bill Reason. This, with several other stories, any language of insult, he was glad to bear were circulated to their prejudice; and an at- his share of that insult. That any Gent. sempt was made to prove the truth of these from reading detached parts of the evidence, stories before the committee, but it failed, as should say that the Mayor of Nottingham dethe Chairman of the committee would not served praise, he should not wonder; but if admit the hired witnesses to give their evi- any body who had read it through, which was dence. necessary to the proper understanding it, for it was not like some briefs that are delivered Mr. BOND said he had the honour to be one to counsel, where he might jump over the of the committee on whose report this bill was parts which were immaterial, and yet miss nooriginally founded, and he had given much of thing which was important, but if, he said, his attention to the subject; he had formed an any body who had read the whole of the eviopinion upon it, and that opinion was decid-dence, question and answer, should say that edly opposite to that which had been expressed the Mayor of Nottingham deserved praise, he by the Hon. Gent. who had just sat down, should indeed wonder. He had no hesitation and he felt it his duty to speak upon the sub-in saying, that if any Member of that House, ject: he was anxious to do so, particularly on account of what was stated by an Hon. Gent. opposite to him on the point of law, for he had argued it in some respect as contrary to our constitution, because it tended to create a magistracy, which was the undoubted prerogative of the Crown; but that was a misapprehension of the operation of the bill: it was not to create any magistracy, but to extend the authority of a magistracy already created; and that an act of Parliament may do this with out any invasion of the prerogative of the Crown, he had many analogous cases to shew; and when he had done so, he should relieve the anxiety of the Hon. Member on the point of law. As to the hearing of counsel at the bar, he did not think that in strictness the parties were entitled to be heard by counsel on this subject; but he assented to it, because he did not wish to shut the door against any information which the House might receive, and therefore counsel was heard. He had great respect for that Learned Gent. both for his abilities as a lawyer, and character as a man, but he professed not to have changed his opinion from his arguments. He then proceeded to take notice of the arguments of that Learned

on reading the whole of that evidence, would say that the Mayor of Nottingham deserved praise, “why, then," said Mr. Bond, "he has a temper and a mode of thinking, which I neither have nor envy.” He had no scruple in saying, and he pledged whatever character he had as a lawyer in that House, that the magistrates of Nottingham were criminally responsible for their conduct at the late eleetion; but he did not advise them to be pursued, on that account, for this reason, there were many very material circumstances of extenuation in their case; and therefore, although they were criminal, yet, with his impression of the circumstances of extenuation, it was his wish and his inclination, and if it was the language of insult, he must hold it still, that lenient measures should be adopted; but if it became necessary to adopt other mea sures, and if he was driven to them by opposition to this bill, and if he could have no remedy such as this bill proposed, and which was congenial to his wishes and to his disposition, he must pursue these magistrates as criminals; for in such a case, when there was no other remedy, he would pursue the course of public justice, without regard to private

lenity; but if this bill passed, he should not be driven to that course. He had hitherto avoided these considerations, by proposing the present bill, in which the House had not the trouble of trying the guilt, or discovering the innocence of the parties. Having said this, he would now call the attention of the House to the sort of case which was now before it. With regard first to the justice of the case, he would inquire, whether this was an invasion of the rights of any parties? and if it was an invasion, then whether it was strictly necessary? He contended that this was no invasion whatever; confining the right of election to a few, might render that right valuable to those who had it; but this was not applicable to the case of magistrates; it was not for the value of it to a magistrate that the power was given to him, it was for the better advantage of the place where he was to act; and if that advantage was not accomplished by the office not being properly filled up, the public interference of that House was necessary; this was particularly the case of corporations: from the nature of their constitutions, if their magistrates did not properly fill up their situations, they became a blot upon the character, for the inhabitants of a chartered corporation had none of the common privileges of another place. They were not like common subjects, to cure the evil of their magistrates' inefficiency; they had no advantages but their charter, which, if their magistrates did not do their duty, they | could not enjoy; so that they might be said to be left out of the reach of the law, and might be said to be outlawed. This, he maintained, was the case of the town of Nottingham; for as the preamble of the bill stated, that riots had often happened at Nottingham, all the information the House had upon its table proved this, nor was there a single witness called by the Learned Counsel at the bar to prove that the facts were not so. The truth was, that riots at Nottingham had hap-roughs, as well as in places without charters, pened from time whereof the memory of man runneth not to the contrary; but it seems they had been used to it so long, that it was proper they should endure it longer. This was an argument like that which the cook made use of when she was accused of cruelty in skinning live eels, that they were used to it: such was the case at Nottingham, they were used to riots there. This was not only the case of an election for a member of Parliament, but of every election whatever. At the election for a common councilman there was a riot and violent outrage, when the practice of what was called spencering was introduced, that of cutting off the clothes of those whom the mob did not like; and that practice had continued. The election of a churchwarden, which was carried on in the church, was most impiously and scandalously outraged, where such scenes were acted as we never before heard of in a church in any country, except one, thank❘ God. It had been said that the magistrates of

the town of Nottingham had received the thanks of the Judges once; now he had information on which he could venture to depend, from some Learned Friends of his, that riots often happened at the time of the assizes at Nottingham. He knew that one Learned Judge had said that he would never go there again: that another Learned Judge had observed riots at the time of his sitting to administer justice; that he had called on the Sheriff to do his duty, to put an end to the disturbance; the Sheriff, in a soft tone of voice, said he could not: the Judge said, that if peace was not restored in five minutes, he should adjourn the court, and go to London and report the matter, and then silence was ob tained: this proved that when a proper exertion of authority took place, tranquillity might be restored. It was said there was nothing like this bill to be found any where, whereas there were many cases analogous to this. The power of magistrates under charter had been increased where their power had been found deficient. This was the case of the borough of Leicester; the magistrates there had a power of concurrent jurisdiction over parts of the county. The same case applied to Clitheroe, where the magistrates of the borough interfere with those of the county, and this principle was recognised in a statute of Henry VII. which he cited. There was also an Irish act of Parliament of the 38th of George III. c. 73. by which the magistrates of the counties can go to all the boroughs to convict those who are guilty of selling spirituous liquors contrary to law. The Coventry case was likewise a case analogous to the present proceeding; it was an act for regulating the mode of admitting freemen, and making it different from what it was before: all these, in his apprehension, were cases analogous to the present; they shewed that Parliament had interfered in the conduct of magistrates in bo

when the public welfare could not be supported by these chartered customs. Here, indeed, the evil was of a larger size, and therefore the remedy should be of a larger extent. But did he ask for a larger remedy than was necessary? He said, decidedly, no; but if the bill was to be put into the shape which was recommended by the Hon. Gent. who spoke last, it would deserve the name which the Hon. Gent. gave it in its present shape, that of a foolish bill; indeed, it should never be called his bill, he should beg leave to withdraw from it altogether, and so he believed would all his Hon. Friends who supported it at present. The Hon. Gent. said, that the jurisdiction of the magistrates of the county should be confined to times of tumult alone. If he thought that would answer any good purpose, he had a mode of estimating human nature which he (Mr. Bond) did not possess. He knew nothing of Nottingham, except from that which appeared upon the table of that

House at this moment. The Hon. Gent. had Mr. MOORE (of Coventry) said, that if he given the House an accurate account of parties, had been on the committee, he should notand that Hon. Gent. had more reason to know have confined his labours to what the com Nottingham than he himself had; but he must mittee had confined their Report to upon the express what he felt, which was, an anxious Nottingham election. He thought the magiswish that independent gentlemen should act trates had neglected their duty in this case. for Nottingham; and if that was not to be the He read the Report of the committee with acconsequence of the bill, it would be an useless curacy and attention, and he thought, that, bill. But he would ask, how, without insult- from recent experience, he was competent to ing common sense, could it be required, that form a tolerable judgment how far this meaa person who was to act as a magistrate sure was likely to answer the purpose for under the authority of this bill, should take which it was intended. He had witnessed out a dedimus potestatem, for the purpose of some riotous proceedings at Coventry, and merely running his head into a riot, without other populous places, and he examined the having any means of preventing riot, which description of the riot at Nottingham, in order was the most interesting, anxious, and solici- to see whether it resembled what he had wittous part of the duty of a magistrate, of a nessed at other places. He saw, however, good magistrate? Every one knew that every that in the business of Nottingham there was good magistrate exercised much of his autho- much to lament and much to correct; but he rity before a riot began, and that if he did it saw nothing in the Report upon this subject, with judgment, it was the most valuable ser- which the magistrates at present in the town vice he could render to his country, inasmuch of Nottingham were not competent to coras the prevention of crimes was much more rect; and this, he thought, was fully made desirable than punishment. How many riots out by one witness, who was three days under had happened at Nottingham, and would con-examination; who had proved that tranquiltinue to happen, if this bill was thrown out? Magistrates had much to do in a quiet way, as well as acting on occasions of actual riot: they had no small discretion to exercise on the subject of licensing alehouses. Did we not hear almost from every charge delivered by a Learned Judge to the grand jury at an assize, something on these topics? To provide against these evils was one of the objects of the bill. He knew that these tumults could not grow up unless there were nests where they were nurtured. He knew there was no turbulence or confusion of which the plot was not laid in some alehouse; and as to what the Hon. Gent. observed on the posse comitatus, he felt no difference, such as the Hon. Gent. hinted at, likely to happen; but he knew that force would never be drawn out unless there was an occasion for it, and then he should rejoice to see the efforts of the honest yeomanry of the kingdom opposed to a Jacobin mob. These were the provisions which, in his opinion, would render the bill efficacious, and without which it would be inadequate to the purpose for which it was intended. Considering this bill on the point of law, it was unobjectionable; considering it upon policy, it was expedient; considering it in point of probable effect, he had strong hopes it would be efficacious. In a word, he believed that if the House adopted this bill, they would adopt the best means that had yet been offered to remedy a considerable evil; that if this bill was rejected by the House, new blood and a vital principle would be transfused into the dead carcases of anarchy in this place, and it would again resuscitate; but if the bill was agreed to, the magistrates would become what they ought to be, a protection to the good and a terror to the wicked.

lity might be restored at Nottingham, and who had indeed restored it. He thought that every necessary provision should be made to prevent the recurrence of the evil in this case, without overturning the constitution of the borough, and that was by rousing the magistrates of the town from their dormancy. He had no doubt that the mayor and other officers had neglected their duty upon this occasion, and that they were highly criminal; there was an evil existing, but he did not think this proposed act of Parliament was calculated to remedy that evil, nor did he approve of any of the remedies which had been proposed: there was nothing really wanting but to awaken the magistrates out of their dormancy, and that was to be effected by making them feel the severities of the law, for criminally neglecting their duty. In support of this, he referred to the instance given by the Hon. and Learned Gent. who had just preceded him, of the threat of the Learned Judge having such an effect. He observed, that what was done with Simpson at the bar of the House might be a lesson proper to be taught to some others; and concluded with observing, that he saw nothing in the case of Nottingham any more than any other place where there had been riots, which could not be properly remedied by a due administration of the law as it now stands, and that could not be accomplished by rousing the magistrates to the performance of their duty, the which if they neglected, they might be reminded of by the wholesome penalties of the law.

Mr. FRANKLAND said, that to incumber the present measure with a previous investigation of guilt, would necessarily delay the issuing of the writ; whilst on the contrary, the pass

fer of the bill would enable the town of Not-deration of the former riots which had taken to mam to retum a representative to Paria place at Nottingham; but the fact was, that rent. The concession which had been made they were brought forward by the magistrates by the opposers of the present bul, in serpest of Nottingham themselves, in order to prove ing an amendment, necessarily destroyed their that riots at an election in that town were soarguments against its principle. With respect thing new. The Hon. Gent. Mr. Fox) had to the amendment suggested, it was supposing taken credit to the people of Nottingham, bea mode of controlling nots, by fint permitting cause the story respecting the Goddess of them to exist, and that a justice of the peace Reason did not prove to be exactly true: bat should first see the peace broken before he proceedings certainly did take place which were not very creditable.-There clearly appeared either gross neglect on the part of the magistrates of Nottingham, or the greatest insufficiency of power.

vourable course of exchange against Ireland, which however he denied prevailed to the degree laid down by the Noble Lord; the chief of these he stated to arise from the effects of the rebellion, the interest of debt remitted to this country, and the increased drains of ab sentees. These various positions were established by the Noble Earl by calculations and details drawn from official documents, &c. He concluded by strongly recommending it to their Lordships to accede to the bill before

HOUSE OF COMMONS.

Tuesday, May 3-(See Minutes, p. 811.) [NOTTINGHAM ELECTION.]--Mr. HawKINS BROWNE moved the order of the day for the third reading of the Nottingham election bill.

1797. Their Lordships would be aware of the
exorbitant abuse of the discretionary power
vested in the Bank Directors of Ireland, when
they contemplated the excessive increase in
the issue of small notes, and which was a suf-
ficient reason that in 1801 the course of the
exchange should be 17 per cent. against Ire-
land, a circumstance which he regarded as
singular in the history of commerce; and
specie, he observed, had in a great measure
disappeared in the southern parts of Ireland.
The Directors had perverted their discretion-them.
ary powers to ends of private advantage: he
meant the Proprietors of the Bank stock,
which was advantaged to the public detriment.
He contrasted the large issues made by the
Bank of Ireland with those of the Bank of
England, within a given period; and he con-
tended that it would be impolitic and im-
proper to vest in future such a discretionary
power in the Bank of Ireland Directors, after
they had seen the nature and tendency of their
former conduct. He had it in contemplation
to propose a clause to be introduced into the
bill, which in its effect would in some mea-
sure do away the nauseous parts of it: the
object of this would be, to oblige the Bank of
Ireland Directors, after a given period, sup-
pose six months, to pay in Bank of England
notes, which would have the effect of placing
the Bank of Ireland, to a certain degree, in
the same situation as that of England was be-
fore the suspension of payments in specie. He
argued, that such a regulation would be at-
tended with no ill effects, and he expatiated
upon the impropriety of vesting in the Bank
of Ireland a power of depreciating the standard
of the currency of that country. He thought
the case at best an extreme one, and were
Parliament called upon to act so with re-
spect to the Bank of England it would cer-
tainly refuse the interference. He knew not
whether the present was the regular stage for
proposing such a clause; but whenever it could
be introduced into the bill, he most seriously
recommended their Lordships to adopt it.

Mr. Fox said, though he had stated his objections at some length on a former evening to the bill before the House, yet he thought it his duty again to address the House on the same topic. The bill now the subject of discussion, was of serious consequence to the kingdom, as it went to undermine the ancient law of the country, and intrust an improper power in the hands of Government: he therefore wished the House to give the bill due consideration before it was suffered to pass into a law. Much had been said of the lenity which had been shewn to the magistrates by the present measure; but he thought there was no lenity in taking a man's character away, when no charge had been made against him. This was exactly the case with respect to the mayor and magistrates of Nottingham; they have been abused, but nothing has been offered to prove that they were guilty of any offence: they have challenged the committee to come forward and accuse them of improper conduct, but thechallenge has not been accepted; it was therefore extremely improper to destroy the reputation of the magistrates, without giving to the House some proof of their The Earl of LIMERICK contended that the guilt. He did not mean to doubt but much Directors of the Bank of Ireland were driven disturbance had taken place in the town of by necessity, and from step to step, to in- Nottingham; the resolutions, however, did crease the issue of their small notes; and that not go so far as to prove, in any way, that the proposed remedy, instead of removing, the magistrates had wilfully connived at the would only aggravate whatever unavoidable evil complained of. If the Hon. Gent. who evils might exist. Towards the close of 1796 had brought this bill into the House were satisit was a part of the plan of a set of desperate fied that the magistrates were guilty of any and ambitious conspirators, who plunged their wrong, why not bring those gentlemen before country into rebellion, to palsy by every means a court of justice? The magistrates have rein their power, the exertions and credit of the peatedly solicited to have their conduct canBank of Ireland: a very considerable issue of vassed in a court of law, but a species of small notes was the result of their machina- lenity has been shewn them that has gone tions. He contended that the credit and secu- to destroy their peace of mind and character. rity of the Bank of Ireland was made stronger These gentlemen, by the present bill, were than ever; it had withstood the shocks of re- to account for the riots which took place, not bellion, invasion, and of untoward events, only at the late election, but for these ten from a variety of other causes. He expatiated years past: he considered it a dangerous prinat length on the various causes of the unfa-ciple to be acted upon, and ought not to re*N n VOL. III.

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