MR. AND MRS. DEACLE.

HC Deb 22 September 1831 vol 7 cc484-7

Colonel Evans

moved for a Select Committee to inquire into the allegations of the petitions of Mr. and Mrs. Deacle.

Mr. Wilks

seconded the Motion, with the understanding that no discussion would take place, as it was the desire of Messrs. Barings themselves that this Committee should be appointed.

Mr. Francis Baring

wished that the Committee should be appointed, and promised to afford all the information in his power.

Lord Althorp

said, it was perfectly consistent with the character of his hon. friend that he should pursue such a course; the House was not bound, however, because the parties interested wished their conduct inquired into; and as a precedent, it became a serious question whether they ought to appoint a Committee, to inquire into a transaction which had already been made the subject of judicial inquiry. In his opinion, the House ought not to pursue such a course, except in some very extraordinary case: he did not think this was of that character, and he therefore felt bound to oppose the Motion.

Mr. Hume

said, there appeared to have been a complete misunderstanding on the subject. He had understood, that when a Committee had been mentioned, as no objection had been then made, that Ministers would not oppose the appointment. He admitted it was a case of vital importance to the magistracy, and to all those interested in the management of local justice, but as all parties seemed anxious for an investigation, he thought it ought to be granted. At all events, as an unexpected opposition had been created, he should move that the Motion be adjourned.

Lord Althorp

observed, he had given no pledge either way, but he certainly had no intention to agree to the appointment of a Committee. Instead of adjourning the Motion, he would recommend the hon. and gallant Member to withdraw it, on the understanding that he should bring it again forward on Tuesday next.

Mr. Baring

observed, that the question was one of a delicate and important nature, as it affected the magistracy of the county of Hants, generally, and several of them particularly. He felt an extreme anxiety to have the whole facts investigated before a Committee, and he was, therefore, much disappointed that his noble friend recommended that the Motion should be postponed. Petitions were coming in from various parts of the country, upon the aggravated accounts published in the newspapers; while upon the spot, and in the vicinity of the place where the transactions occurred, the popular view was very different. The delay until Tuesday would permit further misrepresentation, and therefore he very much regretted it.

Sir Thomas Baring

earnestly hoped his noble friend would reconsider his opinion against the appointment of a Committee, on the ground of its making the House a Court of Appeal; the parties interested required no such thing; they only wished that the truth or falsehood of the allegations contained in the petition of Mr. and Mrs. Deacle, should be inquired into; and if hon. Gentlemen considered that it contained a charge against a Magistrate, for tampering with a witness, he thought that would be sufficient to justify the appointment of a Committee.

Mr. George Robinson

did not think the appointment of a Committee would tend to relieve the public mind from any false impressions it might have taken up with regard to this case; and he should, therefore, follow the noble Lord's example, and oppose it.

Sir James Scarlett

regretted the Motion had not been at once disposed of, as the delay might establish a precedent, which they might find it difficult to deal with in other cases. The Motion was to inquire into the prayer of a petition, which brought charges against certain individuals and Magistrates, after their conduct had been duly investigated before the proper tribunal. It appeared to him, that they were about to create a dangerous precedent by appointing a Committee; for if it was once established, that the House of Commons was to inquire into alleged instances of misconduct on the part of Magistrates, which could be made the subject of indictment, and determinable by the ordinary Courts of justice, he did not know where they could stop. They would soon have cases enough of the kind on their hands; there were discontented individuals in every county, who would hasten to bring such charges, if they found there was a disposition in the House to listen to them. Opposed as he was to the Motion, he should have preferred settling it at once by a division.

Mr. Hunt

said, the hon. and learned Gentleman had been heard to declare, that the Courts were open, to investigate charges against Magistrates, of the nature of that now before the House; but he forgot one essential particular, that was, the expense attending the application. He had always understood that the House of Commons was the proper place for injured individuals to apply for redress. The parties complaining and the persons accused, were anxious for inquiry, and the public were also desirous of it; why, then, should it be refused? He believed, from all he heard, that a gross act of injustice and oppression had been committed upon a female, by gentlemen of rank and fortune; and she and her husband had no means of redress if that House refused to listen to their complaints.

Mr. Paulet Mildmay

said, as the hon. member for Preston had been pleased to give an opinion on the case, he could only reply, that he, as a Magistrate of the county of Hants, was most anxious for immediate inquiry; and he had no doubt, the result of such an inquiry would not only completely vindicate the characters of the accused, but also prove, that at a period of great danger and difficulty, their conduct had been such as to entitle them to the gratitude of the country. Many persons who were disposed to find fault with the want of energy displayed by the Magistrates, when turbulence and incendiarism were stalking through the country, now that the danger was past joined most loudly in the cry against them.

Mr. George Lamb

observed, that it appeared to be the general opinion, that the discussion should be postponed, as a misunderstanding was alleged to have taken place; he therefore deprecated further remarks, and put it to the hon. member for Thetford, whether the question should not be at once postponed.

Colonel Evans

said, he was ready to acquiesce in the suggestion made, and withdraw the Motion for the present; but he begged it to be understood, the proposition for the delay had not proceeded from him. As for the various statements made by different Gentlemen on the present occasion, all that he felt bound to do, when the matter was fairly brought under consideration, was, to shew there were sufficient grounds to institute an inquiry.

Motion withdrawn.