The Press. — London, England, 1853-08-13 00:00:00

AUGUST 13, 1853. distinction between covenanted and servants of the Company. His motive was to secure the admission of natives to employment. Lord tittAxvrux remarked that the clause was perfectly supererogatory, as natives could be admitted to office on proving themselves properly qualified under the act as it stood. The amendment was therefore negatived. The fourty-fourth clause being proposed, by which it was to be enacted that the manufacture and sale of salt by the East India Company should cease. at a certain date, The Earl of EMENHOROI'iIIa opposed the proposi tion, although he thought it would be more proper that one of her Majesty's Ministers should move the omission of this clause : "The clause was not part of their proposition to Parliament, and he thought it was a most unwarrantable interference with the financial arrangements of India. The whole of the revenue derived from salt might be im perilled by the adoption of the clause. and there was no regulation for its protection. There should be an army of excisemen spread over the eountry to collect the revenue, and there was nu such ground to complain of the GOVPIII - of India as would induce them to retain this clause. It would appear that them had been an increased cote sumptiou of ash, and a decrease of price, and he hoped their lordships would expunge it.. When they had created an enlarged legislative council, upon whom would de volve the duty of legislation on that and other• subjects, it was nut a period at which they should interfere for the first time on a measure strictiy for internal legislation, nor was it fitting that they should interfere to give additional profits to certain traders in England at the expense of the revenue. If they retained this clause they might rely upon it that ultimately the finances of this ronntry would be embarrassed to make up the deficiency that would be thereby occasioned. There was not the means in India of creating a new tax as a substitute em the abolition of another : and besides, there was a great indis position iu India to pay a new tax." The Earl of ALBEMARLE regretted that the clause should be considered an interference with Indian finance, as he believed that the salt duty was a tax from which the natives ought to be relieved, and whose pressure occasioned much hardship and deprivation. The clause was then struck out, and the bill passed through committee. TRANSPORTATION. In committee on the Transportation Bill, upon Tuesday last, Lord PALMERSTON explained the cha racter of the measure, and stated the changes which the Government proposed to introduce in this sec• tion of our penal jurisprudence. No subject. was more difficult or important than the question of se condary punishment. Adverting to the sanguinary and barbarous system under which criminals were dealt with in earlier states of society, and to the milder feelings which had succeeded as civilisation advanced, he observed that the infliction of the penalty of death had now been restricted to offences of the most flagrant kind, and that minor punishments had been largely substituted. This question was one of extreme difficulty. It was desired to make punish ment penal upon the offender, and to render it a de terring example ; but it was also desirable to avoid shocking the feelings of the community ; and the endeavour ought also to be made to combine the principles of punishment and reformation. The transportation system had been therefore devised, and for a long series of years persisted in, until a change of circumstances, habits, and relationships with the dependencies thus employed had rendered some modification indispensable. Our colonies which had been found eligible to supply the means of transportation became less so as they advanced in prosperity, civilisation, and influence. As we had conceded ►self-government to the colonies, we must also submit to its consequences. Independently of this, the discovery of gold would have necessarily led to a reconsideration of our existing system, for it AM no longer a punishment to send amen to regions where the exercise of a small amount of manual la bour was likely to create a splendid fortune fur the transported convict. Under these circumstances, it had been found necessary to give a careful consideration to the question, and the result was a proposal that criminals, after a preliminary imprisonment, should have tickets of leave in this country for the remain ing period of their respective sentences, should their conduct merit such indulgence. The bill, therefore, gave power to the criminal judges to alter the nature of the sentences they pronounced. Hitherto the Secretary of State had modified the decisions an nounced from the judgment-seat, the practice being that when a culprit was sentenced to transportation for a given term he never actually left the country as a prisoner, but, after undergoing confinement for a time varying from eighteen months downwards, was then transferred for a further period to slime public works, and subsequently sent to Australia with a ticket of leave, entitling him, after some additional probation, to a full and unconditional pardon. But now, as offenders could not advantageously be sent abroad, it was proposed that a certain period should be assigned corresponding as far as possible with the interval of the sea voyage and ticketrof-leave prgbor THE PRESS. tion, and, after the usual preliminary imprisonment, the convicts should for such term be employed in this country, under a new species of " ticket of leave," which would place them personally at freedom, but under a constant supervision, and liable to be recalled and confined upon any act of misconduct. Lord Palmerston did not prcieud that the plan was free from objections, but urged the greater evils on the other side. The manner in which the ticket-of-leave men would receive employment had necessarily been taken into consideration. The conclusion arrived at was, that it might be considered both safe and advan tageous to employ the convicts ou public works at wages. in the hope, by an appeal to their better feel lugs, of their gradual reformation. and their ultimate restoration to society and respectability. liis lord ship hoped that the house would approve of the mea sure, both in principle and detail. lie told them to consider it as an experiment, which, if found unsuc cessful, might be amended. And in the meantime it was attended with one alirantage—s saving of ex pense. . . Mr. IV ALPoLE approved of the plan upon general principles, but did not wish to have transportation entirely abolished in our criminal jutlieature. lie thought it expedient. to leave a discretionary power with the Crown to intliet that punishment in certain cases, and especially to visit with such retribution all convicts who should abuse the privileges granted them by the tickets of leave. Sir J. WALMUsLEY, Mr. VELLATT, Sir J. PvitiNti• TON, and Mr. Atintal.r.v having severally expressed a qualified approbation of the plan, Mr. SCULLY suggested the formation of an agricul tural depot where the labour of the conviets might be turned to good account. The bill then passed through committee. IRISH TENANCIES. Three bills, affecting the relationships of landlords and tenants in Ireland, were brought forward for second reading ou Tuesday by the Duke of NEw- CASTLE. Assigning the chief erotlit of the three measures to th 3 late Attorney-General for Ireland, his grace appealed to the colleagues anti party of Mr. Napier to support them now : " After sued•..+she tiovernments had in vain attempted to bring the subject to a ratistitetory termination, the right hon. and learned gentlemen tunic op the subject when an independent member. lle made full inquiry into it, and performed a work which the noble lord opposite so greatly estimated in Is:t0 that he recommended the labours as worthy the attention and the adoption of the then exiating Government. Ile should be unworthy of a seat in that house if, though opposed in politics to that right hon. and learned gentleman, he did not Mier his tribute of approba• tion to labours which had been so efficient and 110 nuccesm• ful. lie had with astonishment heard it declared that these bills were not the bills of the right hon. and learned gentleman. The bills, he asserted, were, in a partite mentary scope, the very sume—no material changes had taken place in them. so MS to alter their original character. It was ha pissible for those who approved of the bills in I 8.11 1 to repudiate the present bills now." Proceeding seriatim through the three measures, which bore for titles the " Leasing Powers (Ireland) Bill," the " Landlord and Tenant (Ireland I 11111," and the " Tenants' Compensation ( Ireland) Bill," the Duke of Newcastle described their principal provi sions, and detailed the changes which had been made in them mince his Government had taken them in hand. He denied, with emphasis, that anything approaching to the confiscatory character with which they had been charged could be found in the bills, and disclaimed all party objects in bringing them forward. The Marquis of CLANatrAttnt: remarked that the noble duke hail dwelt, much more upon the parentage of the bills than upon their effect—had destribed their relationships to parties in that, house, hut omitted to state their probable influence in Ireland. lie noticed also that the House of Connnons had taken ten months to consider a series of measures which the Peers were expected to discuss and settle in ten days. Recapitulating a few of the many pro bable consequences of the measures, as regarded landed property in Ireland, and enlarging upon the confusion they would produce in some instanees, the positive robbery in others, and the discouragement to intending purchasers, some of whom the prospect of endless claims and litigation with tenants had even already frightened from completing their bargains, the noble marquis insisted on the necessity of more mature deliberation, and suggested that the measures should be referred to a select committee for that putvose. The Earl of Mit.mEmu:tn.—to whom the Duke of Newcastle had somewhat pointedly addressed certain portions Or his speech- -repudiated the inferences which had been drawn as to the pledge said to have been given by the late Government to the bills now before them. Those measures had doubtless been introduced by a valued colleague, but were now presented in a much altered shape, and all parties were free to discuss them on their merits. Examining the series on this principle, the noble earl found the two first mea sures far more tolerable than the last, the Compensa tion Bill " Both of those bills have so much of Mr. Napier's spirit and intention In them, though th e y h a ve b een tprbled, tried, and changed from what they originally were, that am ready to go into committee upon them. (liar, hear., Rut when the noble duke sari that Minis of them have been altered. I can only say that the Tenants Compensa tion Bill. which is the most important of all, ism completely the reverse of anything that Mr. Napier had propootwi that there is hardly Out provision in it that resembles the measure of Mr. Seiner. Thu noble duke say* that he will take Mr. Napier's authority on the subject. lat once ac cept t h e offer, and shall mot Pad a letter which I have re cently reeeived on thls subjeet. Talking of this bill, the writer says that ' this Tenants' Compensation Bill was hashed up in the select committee of the House of eons mons, and several clauses have been huddled together with such inconsisteney, that, in ffiet, the measure became like a raft upon which every one tried a plank, and the result was that no one could go to *ea Oil it when it was ffitiiihed.' This is Mr. Napier himself who is nue speaking. Wear, hear.) ,'Tree Duke of Neweitatle asked the date of the letter. ) The letter is dated last Thursday evening. Mr. Napier goes on to say :—"rhis 1411 is totally different to th a t whi c h I introduced, and it is now one upon which it is quite open tot • lordship to exercise an independent judgment : but it is not the bill. either in form or substanee, which I hail officially itankinced."Ehe noble duke said he would ac cept Mr. Nature* own statement in respect to this bill. I ask him now does he except t h at statement ?" The Ifitke of Nauctsrur.: I am bound to Kay that under such eireumbtanees 1 mind vivid of this statement, but I may observe that a letter wine,' I hail seta of the samo date led me to intern different opinion. The Earl of MAi.xr.sprav : I can assure the noble duke that I am not sine to Burke the question, although he in sinuates such to be my wish. Doubtless it is our duty to lw resibmisible for any of the measures of our colleagues ; and I sun the lasi man to desert 111 colleague, and that one so distinguished a gentlema►t as tlr. Napier. But I sun not bound to follow a member after he eeeaw•n to be my col• league in the kkovermuent. Up to the moment w o v ivre colleagues I mood by Mr. Napier, and I 1114Ve now hie letter declaring that neither in form no, in substance is this tl►e saute billwlu, hrs• had introtineed ; and saying that, lam in a isssitisin to form an independent Judgment upon too bill. I Was also told that I would he acting in contradis. tinction to the manner iii which Lunt Derby, who was mi fortunately absent. would *et if he were present. Now, I have the fields. earl's authority fiir the course I am taking. shall now only say that I ant willing to allow those two first bills tis go into committee, but I hoiw• that your lord ships will reject in into the Tenants' Compensation Bill, which has nothing whatever to 110 wills anything the lute thwernuicut rissoutuended, and which they never could have assented to. (Hear hear.) Lord ItoDEN eondenoted the hills, and indicatokl his intention of dividing the house on a motion for negativing the second reading. The End or Wieuk,ow, on the eontrary, approved of the changes, which he thought had improved the bills, a►►d wished to have them fairly considered in committee. Lord ST. LuoN,tap's admitted that the late Govern ment intended to legislate on the subject, and might have legislated very much with the same object and on the same principles as those of the present measures. Looked at in detail, and tl.om an analysis of their working machinery and practical effect, however, he doubted whether the bills now presented were fit to he passed. The Earl of .111Eiteees, with some surprise at the opposition shown to the bills, especially from tl►e Irish peers, yielded to the unmistakable judgment of ti►e house. lie, therefore, accepted the compro mise by which the bills should be passed through a second reading, and then shelved fur the present by reference to a select committee. Lord RODEN agreedto this proposal, and withdrew his motion for a threes. negative. The bills were then read a meeond time pro .fornui, and ordered to be referred to a select com mittee. 11A(;KNEI•CAR1tIMIES DITTIES HILL This bill passed the Commons on Tuesday.. Among the latest amendments suggested with the view of finally settling the great eab question was one moved by Colonel Surnone, bi this effect:— "That no omnibus or public carriage of that description shall be per►nitted to take op or set down any passenger in the middle or ....titre of any ',tibiae street, road, or thoroughfare, but am each aide of the street, road, ur thoroughfare itaksuitittag the pet .maent ratmealty when going tir hag to or fru; penalty tor each ottenee, forty shillings air imprisonment, for one month. That the name and residenee of a 1401 proprietor, as well Be driver, of each carriage, be printed ant each card atr ticket that la to be delivered by each driver to the 'semis or parties* requiring such card or ticket at the time of hiring; penalty fur oinisaluia, forty sbillitiv, ur tine month'. Imprkohnient. That le, driver ur other person connected alth such public carriage shall occupy or ill withinable of any suet' rah or public carriage dttring the time sleds eels or p u blic carriage Is on the public stand, or during the period that at ay such alma tar hired ; penalty, each "genet., forty *billings, or one moitUa's imprisonment. That the pain, °Myers on duty in each street ur district be authorised and hate tall power to take eogilleatace of any tuiseoluluet on this part of any driver of any public carriage, or other person con- Heeled therewith, sir for tieglert or deviation from the enact. etiente of the bill, and either to rectify at the time or make special report thereof ha eavh ease, and act as referees as to only complaint by any person ur party euneeruel- Mr. Lowy objected to the amendment, first, that it hardly came within the scope of the preamble to the bill ; and, secondly, that it war badly and in• definitely framed. A penalty was imposed, but it was not said how or where it could be recovered; in• I