set apart for persons unprovided, and the other seven were to be at the discretion of the gaoler, to let for hire-Hear, hear!) He found, also, what he knew not to exist in any prison, that there were in Lincoln gaol places appropriated for disorderly and refractory debtors. Such cells he believed peculiar to that gaol. He had no doubt that it would be shewn, that there was no disposition on the part of the Magistrates to support the gaoler; but it should be considered that the gaoler was not in needy circumstances, as he had a salary of 300l. a year. His present motion, however, did not rest solely on this petition. His honourable friend (Mr. Brougham) had stated a case of a person to whom medical assistance had been denied in the agonies of death, because the repose of the gaoler might not be disturbed— (Hear!) He had heard other facts even more disgraceful, which he would not trust himself with stating, though accounts of them had been published in the papers, and had not been contradicted, at least through the same channel. He understood that the honourable Member, who had so often this evening interrupted him with his cheers, had stated, some days ago, in his absence, that this business ought to be considered forthwith, as there was an insurreetion in Lincoln gaol. This assertion, he supposed, was a sort of metaphor rising from a temper rather warm. The simple fact was, that some persons who conceived themselves oppressed, had made an humble complaint to the Sheriff, who, however, had been told, that he ought not to interfere; for it seems his power had been taken away by the wonderful Act, the 31st of the King. Let not, however, the Sheriff be deceived-let him not suppose that his office is merely one of parade, to go in procession before the Judges, with trumpets and javelins, and white wands-he has great and important duties to perform; to watch over the prisons, and to allow the prisoners all comforts consistent with security. The duties, indeed, of a Sheriff were so great and so useful, that Mr. Howard was induced to violate the law (being a dissenter), and to take upon himself that office, to enable him to perform those acts of beneficial and charitable reform which he could not otherwise have effected. The bonourable Member then moved, that a Select Committee be appointed to consider the state of the prisoners in Lincola gaol, and the conduct and management of the prison.

Lord Custlereagh wished to observe, that, as there would be no objection to the proposed inquiry, it might be better to

abstain from entering into further details, as the House would be much better prepared for the discussion when all the facts were collected by a Committee of Inquiry. At the same time, perhapss it would have been more convenient to institute a general inquiry into the state of the prisons throughout the kingdom, as in that case some legislative measure might be adopted which would be applicable to all for the prevention of abuses-Hear!) The House, he thought, must feel, that it was wrong, generally speaking, to encourage immediate applications to Parliament, passed by the intermediate authorities, whose business it was to hear and to rectify complaints of abuses. Were this practice encouraged in its utmost latitude, it would only overwhelm Parliament with minute details, and degrade its most important functions. It would have been better in the present case had the petitioner sought his remedy in the ordinary course of law. He understood, however, that the Magistrates of the county of Lincoln were anxious for inquiry; and it would be better to accede to it, without entering farther into the discussion at present.

Mr. Ellison had heard it observed, that Magistrates were not to be permitted to abuse their authority. Now he had served as Sheriff of his county, and had been a Magistrate for the last 25 years, and had never observed any such tendency. He had diligently inquired into the complaints made in the House last year, with regard to this gaol; and he must say that the ex-parte statements, which then went out to the public, had tended only to inflame the minds of the people, particularly at a period of partial disturbance. He deprecated, as peculiarly mischievous, the representing Magistrates as not only oppressors themselves, but connivers at the abuses and extortions of others. He would ask whether such language was calculated to lay the evil spirit that was now walking abroad through the country-Hear, hear!) He did not mean to say that motions of this sort might not sometimes do good; but then there was a wise discretion to be followed, and a rash precipitancy to be avoided. But he did mean to say that statements of the kind now given were productive of infinite mischief. The honourable Member then entered into a statement of the circumstances which attended the death of Godfrey, the debtor, as given on the inquest by Mr. Evans, the surgeon. Mr. Evans stated, that Godfrey had been a hard liver, that be was afflicted with gall-stones in the bladder, which ended

5

in mortification; and that the night before his death, Mr. Evans declared that he could not live many hours. The man could not be saved, and every attention was paid to him. He was ordered spirits because he was accustomed to them, and at the time of his death there were some of them still left in his room. The surgeon saw him the night before, and also at five o'clock next morning. Mr. Evans complains much in his statement of the conduct of Mr. Finnerty. He says, that when he came to give evidence before the Coroner, that a person offered to strike him, besides abusing the Coroner himself. As to the petitioner Houlden, he had quarrelled with a fellow-prisoner of the name of Morris, whom he annoyed so much as to give him no rest night or day. This was the reason for his solitary confinement; it was ordered by a respectable Magistrate, who was incapable of conniving at or abetting extortion. He (Mr. E.) rejoiced that a Committee was to be appointed. In behalf of himself and his brother Magistrates, he would lay in a claim for as much philanthropy, as much humanity, as the honourable and learned gentleman could possess. He should not monopolise all those virtues to himself. He was glad that there would be an opportunity of vindicating the humanity of the Magistrates of Lincoln in that room; and till they were proved wrong, they ought not to be stigmatised.

Mr. Brougham concurred with his honourable and learned friend, that the House of Commons could not be better employed than in protecting those defenceless persons who were confined for debt, and he trusted that this investigation into a particular case of alleged abuse, would be productive of general good. With regard to the case of Godfrey, which he had first brought under the attention of the House, he had not said that the gaoler was the cause of his death, but only that a very culpable delay had arisen in procuring him medical assistance, which, even if unavailing, should have been immediately afforded. There was at least the presumption of a favourable result, had it been sooner procured. He held in his hand a statement on the subject, signed by twelve persons, one of them indeed was Mr. Finnerty, whom some people might object to, as confined for a libel; but he must be permitted to observe, that Mr. Finnerty's complaints turned out to be well founded, particularly as to a vile nuisance by which he was incommoded. It turned out, on inquiry, that the necessary of the prison had a comVOL. III.-1812. 311

munication under his room. Another name signed to the statement was Mr. Drakard, also confined for a libel; but he knew him to be a peaceable and well-disposed man, an industrious stationer, and not a seditious author. There were besides affixed to it, the name of those Jurors who were in the Coroner's Inquest; and in the statement it asserted, that Evans, the surgeon, in a conversation with these persons previous to the Inquest, gave a very different account of the transaction from what he thought proper to give afterwards. They also assert, that the conduct of the Coroner was very improper in several instances. He told the Jurors there was no alternative between bringing in a verdict of "Murder," or " Died by the visitation of God," which induced the Jurors to bring in the latter verdict, though three of them afterwards said, they thought it would have been more proper to declare, that the prisoner died through the negligence of the gaoler or his servant.

Mr. Ellison, in reply to the last observation, begged to read a part of the Coroner's charge, in which he expressly stated, that the Jury had to inquire whether the prisoner died through the neglect or ill-treatment of the gaoler, or by a natural death.

Sir F. Burdett said, he had come down to the House prepared to enter at length into the state of imprisonment throughout the kingdom; but, from the turn which the discussion had taken, he should confine himself to one or two observations. He had received numerous communications on the subject from various quarters, and he was strongly impressed with the conviction, that a general inquiry should take place into the state of the gaols. He trusted, however, that it would not resemble that which was made into Coldbath-fields prison, where the Commissioners had no powers to examine into preceding abuses, but were only authorised to examine its then state. He wished now to give notice, however, that early in the next session, he meant to draw the attention of the House to the subject of solitary confinement, a mode of punishment which had been grossly abused. It had come recommended under the name of Howard, a man who had devoted his whole life to the happiness of his fellow-creatures, but as generally enforced, it was not the species of punishment which that gentleman recommended; and, indeed, one more liable to abuse it was impossible to devise. He hoped that the old salutary system of the country would be reverted to, being convinced that

LINCOLN GAOL.

nothing but the admission of friends and relatives of the pri419 soner could protect him from the wanton oppression of the gaoler. In solitary confinement the most afflicting torture might be inflicted, which it might be impossible for the prisoner even to express. There were some things in the conduct of Lincoln gaol, which, taking even the declaration of the Magistrates, still required explanation. Why, he would ask, was Godfrey left in such a situation that medical relief could not be immediately afforded him? alleged in a statement which he had received, the same which It was was alluded to by his hon. and learned friend, that the Coroner was in the habit of borrowing money from the gaoler, and that this person, at a salary of 3007. a year, had contrived to amass great wealth, and was worth not less than 20,000. It also appeared, that the whole area of the prison, which should be devoted to the air and exercise of the prisoners, was devoted by him to his cows, his garden, and his hot-houses. This was directly the reverse of the plans of confinement chalked out by Mr. Howard, who had always inculcated the propriety of accommodations favourable to the health and morals of the prisoners. He must also deprecate the use of irons in solitary confinement. What pretence could there be for putting irons on a man who was confined in a cell? No one could tell the amount of the torture that must be inflicted by the constant pressure of iron day and night attached to the unhappy prisoner. The object which Mr. Howard had in view in recommending solitary confinement, was the reform of the prisoner, and to remove him from corrupt cómmunications, and impro per indulgences; but the punishment became enormous indeed, when it was enforced not for a month, but for years; and instead of salutary correction, was calculated to produce despair or madness. It was greatly to be lamented that this species of correction should be left so much at the discretion of that class of persons who were generally employed in the management of gaols.

Mr. Shaw Lefevre vindicated the conduct of the Commissioners appointed to inquire into the state of Coldbathfields prison. Their Report had now lain three years on the table of the House, and the honourable baronet had never thought proper to notice it. That Report so completely negatived the assertions in the petition which gave rise to the inquiry, that no doubt could be entertained of their falsehood. He agreed, however, with the honourable