§ Mr. T. Duncombepresented a petition from Thomas Fuller, who stated, that he had been tried for cutting and maiming, which was done solely in his own defence; that he had been found guilty, not by the jury, 70 but by the judge, who had sentenced him to die; that this unjust sentence had been afterwards commuted to transportation; but that this sentence had also been commuted to imprisonment; that he had been three years and 105 days in prison; and that in the mean time his innocence had been clearly established; and that he was now turned out of prison with his prospects completely ruined. He therefore prayed for such relief as the House might deem fit. The hon. Member (Mr. Duncombe) said, that this man's petition had been presented towards the close of the last session, and had been printed in the votes, he (Mr. Duncombe) intending to bring the matter under the consideration of the House by referring it to a committee; but there had not been time enough to do so before the Session closed. He would move that this petition be printed with the votes.
Lord Stanleydid not intend to offer any objection to the printing of the petition, but ha thought this was one of those cases in which the House should be on its guard as to printing and publishing, and such petitions as this should be printed and distributed solely for the use of the Members. The House ought to guard against sending into general circulation matters which might be highly libellous. He did not intend to make any motion on the subject, but he ventured to throw out the suggestion that it was a case in which the House should act with caution.
§ The Attorney-Generalconcurred in the view taken of it by the noble Lord who had just addressed the House. A petition of this kind might be made an exception to the papers which were sold. It was a petition of this kind which had for a time brought some doubt on what was one of the certain privileges of the House.
§ Mr. Humethought that the circumstance referred to by the hon. and learned Gentleman was a report of a commission which had been made to the Crown, and by her Majesty's order laid on the Table of that House. If there were any doubts as to the contents of the petition, it ought to be read at length.
§ Mr. T. Duncombeagreed as to the caution which should be observed in printing such petitions. The present, as he had already observed, had been printed last year.
Lord Stanleysaid, the question was an important one, for unless the House exer- 71 cised due caution, and interposed its authority, any hon. Member, by getting a petition printed and circulated by sale, might involve the House in difficulty. The object of printing petitions with the votes was for the information of Members who might have to decide on some question arising out of them; and in such a case as the present, he thought that a distinction should be made—that the petition should be printed for the use of Members only.
§ Petition to be printed.