HC Deb 21 March 1817 vol 35 cc1218-9
Sir Samuel Romilly

rose to present a Petition, of the merits of which he knew nothing, neither did he know the person who made the complaint. It was transmitted to him by a professional gentleman in Glasgow, and he felt it his duty to present it to the House. The petitioner subscribed himself "John Weir," and was a muslin manufacturer at Glasgow. He stated, that on the morning of Sunday, the 23rd of February last, while in bed, six persons entered his House, found their way into his chamber, and demanded that he should immediately get up and accompany them to prison, on a charge of sedition or treason. After some delay and difficulty, they showed him the warrant on which he was apprehended, which merely contained his surname, and described his residence as in Black's-land, Green-street, whereas, in point of fact, he lived at Taylor's-land, Great Hamilton-street. He was, after being taken out of his bed, conveyed in custody to the common gaol, placed for a time in a confined cell at the felon's side of the prison, notwithstanding his full protestations of innocence, and not brought up for examination until the Wednesday following, when he was taken before the sheriff substitute, Mr. D. Hamilton, and examined on various points, all of which he met by a flat negative. He was asked, whether he knew and frequented the house of a man, named Hunter, or knew persons of the names of Boyle and Finlayson He neither knew the one nor the other; and was then told by the sheriff substitute, that his persevering in denial looked very suspicious. He was remanded to prison, and not discharged from thence until the Thursday following. He denied having ever interfered in politics. For this imprisonment, the particulars of which the petitioner, was ready to verify in any manner that the House desired, he claimed redress, and prayed for an inquiry into the nature of the transaction. The hon. and learned gentleman concluded by hoping that some member from that part of Scotland, where the act was said to have been committed, would be prepared either to give some explanation as to this business, or to make the necessary inquiries into the facts of the case. At present he would content himself by moving that the petition be brought up.—It was then brought up, and read at the table.

Mr. Finlay

knew nothing of the circumstances alluded to in the petition, but he thought some consideration was due to the situation of a sheriff, who was very often compelled to discharge a painful duty, and to act at the suggestion of others. If the facts should turn out to be as they were set forth in the petition, he was satisfied, from the respectable character of the sheriff substitute, that that officer must have acted upon information, which at the time, he believed to have been correct. As to the early hour when the arrest was made, all he should say was, that in the part of the town where the warrant was executed, it was often necessary, if late in the day, to provide the civil power with military aid, to enable them to execute their duty, in consequence of the resistance which the neighbourhood sometimes afforded on such occasions. As to the circumstances of the mode of confinement, he was sure they were grossly exaggerated, for there was no prison in which more comfortable apartments and general accommodation were afforded than in that at Glasgow. He hoped the House would not decide on hearing an ex parte statement.

Mr. W. Smith

thought the petition entitled to serious consideration. It sat forth a number of gross grievances, and the commission of several acts of hardship, quite needless for the safe custody of a prisoner. The hon. member who had last spoken, seemed to think that his own flat negative would be sufficient to warrant the House to reject all inquiry. He condemned this hasty and intemperate proceeding on the part of magistrates, whereby the personal liberty of the subject, was endangered without cause.

Mr. Finlay

did not wish to prevent, but to suspend inquiry, until the statement of the sheriff substitute was obtained. For this he should himself immediately apply.

Ordered to lie on the table.

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