Lords Sitting of 16 February 1818

PETITION FROM PHILIP DRUMMOND COMPLAINING OF IMPRISONMENT UNDER THE HABEAS CORPUS SUSPENSION ACT.
The Earl of Carnarvonsaid, he had a petition to present to their lordships from a person who had suffered under the suspension of the Habeas Corpus act, and who stated that he had been imprisoned without any cause. If the forms of the house would permit it, he should wish to move, without loss of time, that the petition be referred to the Secret Committee: but as notice of the motion must be given, that would occasion delay, and the report of the committee might perhaps be made to-morrow.
The Earl of Liverpoolsaid, the report would not, perhaps, be made for a day or two. The noble earl might, therefore, move, that the petition be received to-day and give notice of his motion for the earliest convenient day.
Lord Hollandsaid, it was important that petitions of this kind should be sent to the committee, and he could see no objection to their being immediately referred thereto.
The clerk carried the petition to the lord chancellor, by whom it was found to want the word "humble."
The Earl of Carnarvonsaid, he had read the petition, and could assure their lordships that it was decorously worded. The omission of the word "humble," he hoped would not be considered of such consequence as to prevent its being received.
Lord Hollandbegged their lordships to consider, that as this was a petition from a person who complained of nothing less than illegal confinement, it was one which they ought not to reject on the ground of any trivial informality.
The Earl of Liverpoolthought it would be proper to have the petition altered, as he understood it was not the custom of the House to receive petitions so worded.
The Marquis of Lansdownthought, that where there appeared no intention to treat the House with disrespect, there could be no reason for rejecting a petition. When such complaints as that now offered were made, their lordships ought to throw wide their doors for the reception of such petitions.
The Lord Chancellorsaid, it was quite contrary to their lordships practice to receive petitions so worded.
Lord Hollandasked, whether the learned lord meant to go the length of saying, that no petition in which the word "humble" had been omitted had been received by the House?
The Lord Chancellorhad by no means pledged himself to any such thing. It certainly was not the practice to receive petitions with the omission which occurred in the present case.
Lord Kingsaid, that as this was a petition purporting to come from an injured individual, every facility ought to be afforded to the complaint. The objection related only to one word, and that a word of omission. It would therefore be highly improper to refuse it, especially as the noble earl meant to move, that it be referred to the Secret Committee, for which there might not be time, if an alteration in the petition was insisted on, as it would be necessary to send it to Manchester.
The Earl of Carnarvonhoped that there would be time for the motion he intended to make, before the Secret Committee reported to the House. If there should be time for altering the petition, he would get it done before he made the motion for referring it to the committee. In the mean time, he moved that the petition be read.
The petition was then read. It purported to be the petition of Samuel Drummond of Manchester, reedmaker, and set forth, that the petitioner had been present at a meeting in March last, called for the purpose of petitioning the Prince Regent to withhold his assent from the bill for suspending the Habeas Corpus act. The petitioner was addressing the persons assembled for this purpose, when a troop of horse came among them to break up the meeting. It could be proved that there never was a more peaceable and regular meeting in Manchester than that which had thus been disturbed, until it was broken in upon by those riotous, not to say drunken, soldiers. The petitioner was arrested and conveyed to the Old Bailey prison in Manchester, where he was allowed only four ounces of bread and one ounce of cheese for the day. He applied for other food, and offered to pay for it himself, but was not permitted. He was sent off to London without being allowed any time for preparation. Mr. Silyester, hearing of his distressed situa-
440
tion, sent him some things which would Have been useful to him, but he was not allowed to receive them. When sent off he was chained by the leg to another prisoner, by a chain of not less than 30lb. weight. He arrived in London on the 15th of March, and was conveyed to the House of Correction in Cold Bath-fields. He was afterwards carried before lord Sidmouth. When before his lordship, he stated openly what he had done, and called upon the noble lord to bring forward his accusers. He was told he should have a fair trial, and was remanded. On the 28th of April he was removed to Dorchester gaol, and afterwards to Exeter. In the month of December he was set at liberty on entering into recognizance to appear in the Court of King's Bench on the first day of term, and every subsequent day, until he was discharged. He accordingly came to London, and in compliance with the conditions of his recognizance, attended the court of King's-bench, until he was, with others, finally discharged on the 31st of January. While he remained in London he was obliged to contract debts, and he had been furnished with no means of defraying the expense he had been put to, or of enabling him to return home, by his majesty's ministers, though it was by their order he had been illegally arrested and obliged to undergo all these hardships. He had solicited an interview with lord Sidmouth before he left town, intending to represent his case to him, but the noble lord would not see him. The petition concluded with urging on the consideration of the House the sufferings of the petitioner, and his loss by the debts he had been obliged to contract, and prayed that their lordships would not consent to any bill of indemnity which might be proposed for ministers.
The Earl of Carnarvon then gave notice that he should on Thursday move that the above petition be referred to the Secret Committee.