§ Mr. Huntpresented a Petition from certain Debtors confined in the Castle of Lancaster, complaining of the conduct of the Gaoler and of the visiting Magistrates. The petitioners complained, in the first place, that the gaoler, who was a gentleman at large, did not reside within the gaol, as required by the Act of Parliament, but lived at a distance of between two and three miles from the prison, and that his son, a cotton-manufacturer of the town of Lancaster, was the deputy-gaoler, and resided within the prison. They further complained that 1279 the deputy-gaoler, having one of his debtors in his custody, at his own suit, who was about to seek his discharge under the Insolvent Act, sought to obtain from him an assignment of property to the full amount of his demand, and to the prejudice of other creditors, under the threat that, if not, he should oppose his discharge. The debtor refused to comply with this most improper demand, and on coming up before the Commissioners, stated the circumstance on which the learned Commissioner reprimanded the deputy-gaoler, and discharged the insolvent. The petitioners further stated, that on complaining on a former occasion of the conduct of the deputy-gaoler, they obtained no redress, but were treated in a most barbarous manner, were dragged from their rooms, and placed in solitary cells, with only a blanket to cover them, and fed on bread and water. From these grievances the petitioners sought redress from the House. The petition had been placed in his hands by a most respectable solicitor, who had himself inquired into the allegations, and was prepared to prove on any occasion that they were true.
Mr. Greenethought the House could not entertain the petition just presented, because he conceived that it should first be shown that the visiting Magistrates had neglected their duty, and that application had been made to the Home Secretary, who had also neglected his duty, before the House could interfere. But so far was this from being the case, that he had himself, on the representation of the hon. member for the borough of Southwark, to whom the petition had been first sent for presentation to that House, called the attention of the visiting Magistrates to the allegations contained in it, by whom the complaints against the deputy-gaoler, had been fully investigated. The visiting Magistrates had passed resolutions entirely exculpating the Governor of the Castle, and his son from the charges of oppression which had been brought against them by the petitioners; and this was deemed so satisfactory by the hon. member for Southwark, that he declined presenting the petition. In the case of the insolvent debtor to whom allusion had been made, there did not appear the slightest grounds for complaint. He had never made any himself, and the petitioners had no interest whatever in the matter. With regard to the main object of complaint that the governor was not resident in the Castle, that point had also been investigated by the Magistrates, and he had been directed 1280 not to absent himself in future. He must also remark, that the deputy-gaoler did not come within the provisions of the statute, disqualifying a gaoler from carrying on any trade or business as stated in the petition. The Act made no mention of a deputy gaoler. This, perhaps, was a point of law, on which the House could not give an opinion, much less could it be called on to explain Acts of Parliament,
Mr. Greeneopposed the Motion, on the ground that the petition contained statements and allegations of the truth of which the House could know nothing.
Mr. Warburtonsaid, the petition ought to be printed, as the hon. Gentleman himself admitted that one of the charges against the gaoler—that of formerly sleeping out of the gaol had been proved.
§ Mr. Huntcalled on the hon. Member to disprove any one of the allegations of the petition. He could affirm that the gaoler of Lancaster had resided out of the gaol for ten years, whatever he might do just now. He hoped that the House would allow the petition to be printed.
Mr. George Lambsaid, it was clear that the principal complaint in the petition, that which related to the non-residence of the governor, had been removed, but still he thought it not worth while to resist the printing of the petition. The reports made by the visiting Magistrates relating to the conduct of the deputy-gaoler, it might be as well to have transmitted to the office of the Secretary of State. At the same time he begged to bear his testimony to the general good conduct of the Lancaster Magistrates.
Mr. Greenesaid, after the statement made by the right hon. Gentleman he would not resist the petition being printed.
§ Petition to be printed.