Star. — London, England, 1827-05-18 00:00:00

( p il e in which he had had a past. But he could not con Rot to countenance these irregular discussions, and leer jpg to those Noble Lords who sere of that taste to pursue their own mode of seeking information, he was deter• p i ne d, whenever a fitting opportunity should present itself, to go item by item through all the charges, whe• then relevant or irrelevant, founded of unfounded, con nected or unconnected with what had passed—gleaned from n ewspapers—draw from the transactions of past t i m es, or searched for in the suggestions of prejudice, and h ea ped together, in order to call forth a hostility against a government which he would take upon him to aver, war modelled upon principles as honourable as ever' coo dituted the foundations of any Government, in any gem in any country. Their Lordships could easily judge what his feelings were, when he heard surmises which were placed in the dark, and were unintel ligible to all; but feeling strongly as he did, even these would not be sufficient to drive him from that course which, from experience, he knew was most conformable to the usages of the House ; and even if be were otherwise disposed to enter upon the subject, the lateness of the hour would prevent him from doing s o—particularly when no expectation of such an in had been excited among their Lordships. He could not, however, omit noticing the description which had been repeated to-night, by the Noble Lord opposite, of the terms and supposed pledges upon which the present Administration -was form ed. That description Was false.—(Hear, hear, hear), though her was far from imputing to the Noble Lords that they did not think as they had stated ; but it was one of the many proofs they had lately seen, of the dis position evinced by the Noble Lords opposite, to believe toe eagerly all that coincided with their o N'n wisi,es,with out shewing a corresponding dispositi to extend to others that justice which they would claim for themselves, if placed in a similar situation. Men ought to be judged of by their own conduct, rather than by the imaginary spec culations of others ; but, whatever might be the pro priety of this connection, it depended and subsi ,ted upon feelings as pure, as honourable, and disinterested, as those upon which any public connection was ever founded. If the Noble Lords believed one tenth of the rumours—(Heir, hear, hear !) spread abroad, be would not only say they were not doing what belonged to them in their character of an Opposition, bat less, if they did not embody all these rumours and surmises into a substance, and call upon the Ad ministration to justify themselves. He hoped, therefore, his Noble Friend would have the candour and manli: ness to bring forward his charge, that the principles of the Opposition, as we ll as the principles of Government, might be exhibited not only to the House but the coun try, who could well estimate the character of both; and when that charge should be brought forward in a dis tinct motion, it should be willingly met. The Petition was then read, and the House adjourned at EIGHT O'CLOCK. HOUSE OF COMMONS. Mr. HERRIES presented the Estimates of the Army Exteaor. _ _ ----- The Marquis of CH ANDOS moved fora New Writ for Buck• isghani, in the room of the Right Hon. W.H. Freetnantk, who has accepted the Stewardship of the Chiltern Hundreds. Mr. HER RIES moved the issuing of New Writs fora Member to serve for the Borough of Knareaborough, in the room of the Right Hon. George Tierney, appointed Master of the Mint; for the Borough of C.eine, in the room of the Honourable J. Aber tromby, appointed Judge Advocate; and for the same Borough. tithe room at Sir J. Macdonald, appointed one of the Comnits 7 iussen of the Aftirs of India. Nr. WARD g.ve notice that he would, to-morrow, move for leave to bring in a Bill relative to the sale of Bread in the Qty of London. Sir E. KNATCHBULL presented Petitions front Deal and Ramsgate against this Licensing 11111.—Lxid on the table. Mr. WARBURTON moved for ♦arious Returns relative to the importation of Timber front Norway, Sweden, Russia, and the British Colonies in North America and New South Wales since January, 18.13.—Ordrred. Mr. HUME brought in a Bill to prevent frivolous arrests and recovery upon Bills of Exchange, &c. by Mesne Process. Also a Bill for the more easy recovery of the Small Debts in England and Wmlei. _ _ . The Bills wtre read a first time, and appointed for a &tenni] reading on this day se'nnigbt. Mr. S. RICE presented a Petition from the Cotton Weavers of Limerick, praying to be supplied with the means of Emigration. —Rehired to the Emigration Committee. Mr. C. CALVEItT rosy to ask the lion. Secretary to the Treas. eiwy, whether something could not be dune to enable the poor Irish Mind their Letters free of expense? Mr. MERRIL'S said, he was sure the Hon. Member would lee, ayon reflection, that it was impossible to exempt the poor Irish Men the payment of Postage Duties without relieving the other ?Wet classy in the same manner. There was an arrangement at ,tie Post Office, by which the poor Irish could remit their earnings how vithout the paying the double postage. Mr. WESTERN presented a Petition from • Clare, in Suffolk, against the Corn Bill. The Honourable Gentleman gave notice, tlist If the me ow in the Lords should be lost there, or when it came back to that House, he should noose for leave to bring In a Bill, so far to alter the Act of 1622 as to allow it to come into im mediate operation.—Ordered to be printed. The lion. Bluma also presented a Petition from certain inhabi tants of Coggeshall and I:, Leighbourhood against the existing Game Laws; also Petition, from the same ' mitres, praying a repeal of the Stamp I)uty on Receipts, and the Abolition of Slavery.— Ordered to be 1 , 1 SEDITIOUS MU. LAW. Mr. HUM K said, that he bad given notice of a motion for repeal sf the 60th Geo. 1l l. ch. 9, which, for the convenience of the lion. Gentlemen connected with the Government, he should postpone to Monday. GAME LA . VW S. Clionel WOOD brought in a Bill to suspend the Law prohibit ing the sale of Game, which was read a first time, and ordered to be read a second time on Thursday, the 24th May. Mr. G. BA NKES gave notice that on• Tuesday neat he should •ore for leave to bring in a Bill to relieve Roman Catholics from double Assessments of the Land Tax. Lord MILTON presented a Petition from the Coroners of the County of 'lurk, praying an Increase of their fees. CAP!, or QUODROPE.-SIR RUYAN' DONICIN. Mr. W. HORTON rose to move for the production of certain papers relating to the Administration of the Government of the Cape, but more particularly for copies of a correspondence between Sir Rufane Dunkin and the Colonial Department. in moving for these papers, he should not have said more than the few words necessary to describe his motion, but for the pub lication of what professed to be an answer to a speech be never made nor ever had the most distant intention of making. In what he should address to the House n was not intention to say one ward in reference to r motion for which a notice stood in their bo9k , , or t't the question of the Administration of the Care of (trod }lope generally. it was only his intention to Ism the charges which had been disseminated by Sir It. Dunkin against his late Noble Colleague who presided Itrer the Colonial Deliattment. It had been stated 1 °,2 public letter by Sir Rofane Dunkin that he (ilr. ". Horton) had inccirrectly described that cfficer, to W influenced by acrimonious feelings in making charges against Lord Charles Somerset, relative to /Is conduct in the Government of the Colony. He W ould now not only repeat that Sir U. Llonkin had been actuated by such feelings, but he would add the "ids "and by personal hostility;" and he would rep- tare to prcylicsy, that Sir IL Dunkin would not be able to shew that Isis motives were free from the charge. He was ready to admit, that the existence of personal hos. tility was no reason why Sir IL Dunkin should not bring forward charges against Lord Charles Somerset, if there was ground for them but if •he let his per sonal feelings lead him away into inconsistent and unreasonable conduct, then his representations were not entitled to the same confidence as those of an unpre judiced person acting only in the discharge of his duty. The facts of the case were these :—When Str R. Don• kin came back to this country, he addressed a letter to Lord Bathurst, in which he stated, that if he were forced to do so, he could disclose things of Lord Charles Somerset which would shock and astonish his Lordship (Lord Bathurst), and cover him (Lord Charles Somerset) with utter ruin. Upon this, at the request of Lord Bathurst, he (Mr. W. Horton) wrote to Sir R. Donkin, saying, that if he could make any such disclosures, his Lordship desired him to commu nicate the nature of the charges at once, for that it was imperariie upon him to have them investi gated. In his answer to this, Sir It. Donkin etpressed Iris wish to avoid coming forward with the charges to which he had alluded ; but he (Mr. W.H.) again wrote to him to say, that Lo►d Bathurst could in no degree relax his demand to have the charges substantiated, un less Sir It. Donkin was prepared to go the extent of a complete retraction of what he had advanced. The an swer of Sir R.Donkin to this was,that if by retraction was meant that he should unsay what he had said as being contrary to the facts,it was impossible that any Gentleman could consent to such a step, which must drive him from society with di lionout.llut if he Mere to take the word re traction in its literal and grammatical sense,that of draw ing back what lie had advanced without due consi dera tion,then he was ready to retract what he had represented to Lord Bathurst. All these circumstances were corn• municated to the Commissioners appointed to inquire into the affairs of the Cape of Good Hope, and they hid made their report, upon them, which Report he should that day present to the House. ft would then be for the !louse to form a deliberate judgment upon the mu tual recriminations which had passed between Lord Charles Somerset and his successor, or locum teems, Sir Rufane Donkin. The House must not forget that there existed the most unanimous feeling in 1825, as to the nec,:ssity *of Lord C. Somerset's coming here to meet his accu'ers. At that time Lord Bathurst felt strongly, and his Noble Friend now at the head of the Colonial De• partment, let strongly, too, that no steps could be taken by the Government until the whole of the charges were preferred against Lord Charles Somerset, and the case made up. But, what had been the facts? The House was aware, that the charges of Mr. Bishop Bur nett had been upon their table ever since the month of March last; yet no tine proof whatever had appeared in support of them. It was, therefore, held by the Government, that in justice to Lord C. Somerset he should be considered as acquitted, until any of the charges should be sustained by proof. With respect to the motion of which the Hon. Member for Arundel had given notice upon the subject of the maladminis tration of the Cape, he conjured the Hon. Member to take care that, before they were called upon to decide upon it, the House should know what the charges were upon which his motion would rest. His complaint against Sir R. Donkin was, that as the letters he was moving for would sheet he was at one time ready to prefer charges and at another time not; that when he was called upon for proof he shrunk from maintaining his assertions. The report and the documents now to be laid before the House would inform them upon three important points; that of the', settlers at Bathurst Town, tire defence of the frontier, and the fiaancial administration. He should not go into any details as to these controverted questions, and he deprecated in the highest degree any discussion of that i ltrature upon the present occasion. There was one par ticular acusation of Sir Rofane Donkin's against the Co lonial department, to which he would briefly allude, as affording an indication of the frame of mind in which that Officer had brought for ward his charges. And here he must protest against any Officer, after having a com mand of the nature of that which liad been entrusted to Sir R. Donkil, publishing in a pamphlet the private offi cial documents communicated to him in his official capacity. The pa, ticular part of the case he wished to I mention, was that of the accusation respecting Mr. Par ker. Sir R. Donkin had stated that Mr. Parker, being his and Colonel Bird's friend, was sent over to England to give information to the Government as to the state of 'tbe Colony, at the puLlic expense; that after he arrived bete he was received as a witness to criminate them, and that the Colonial Department lent themselves to it. The fact is, that Lord Bathurst received a letter of re commendation from Mr. Parker, written by Sir R. Donkin, describing that Gentleman as troublesome in his own private affairs, of an extremely speculative turn of mind, and prone to consider all public measures with suspicion. Was this a character from whom the Go. vernment were likely to receive information ? or was Sir Rufane Donkin likely to have sent such a person to Lord Bathurst for such a purpose. at the Same time making him the bearer of such a letter? Another complaint which Sir Rufane Donkin had pre ferred against Lord Bathurst was, that the Noble Lord had refused him a personal interview for the purpose of stating what he knew of the Administration of the Cape. The interview was not sought for that purpose; but in order that the Noble Lord should gain for Sir R. Donkin some mark of the Royal favour. Now, any body acquainted with public business and public service would know that such rewards for having been in a Governmen . , or rather the 'locum knots of one, for a year and a half, was altogether out of the question.— The Hon. Member concluded by moving that the Papers may be laid os the table of the House. Mr. MA BERLY said that the Gallant Officer alluded to by the Hon. Gentleman had requested him to say a few words on his behalf, and he should not be acting the part of a friend, if to were not to put the House in possession of the facts of his case. The Gallant Officer never had off.-red to become the public accuser of Lord C. Somerset. On the contrary, he had always refused the repeated requests of Lord Bathurst, that Ire should publicly bring forward charges against him. From re- . ports which had gone abroad, Sir It. Donkin was forced to defend himself, and his defence had been taken as an accusation against Lord Charles Ssnierset. He never offered to become a public accuser ; he only offered to co►mnunicate what he knew to Lord Bathurst, and being unable to get access to that Noble Lord to justify himself, he was compelled to publish his pamphlet. The Honourable Meniber then went into a vindication of Sir 1{• Donkin's Government in the Cape, strewing from the documents, that it had received the sanction and acknowledgments of Lord Bathurst, the Chief Justice, mid Civil Authorities of the Colony, the ..„ Merchants, and from the Settlesi • lle had very eon-' siderably reddced the expendituro the Coleny,anslin defending his own measures it was very natural for.hiiii to contrast them with those of Lord Charles Somerset. He stated that what he had done had produced security and happiness, and that it had been undone to give way for another system, which had been followed by murder, plunder, dissatisfaction; and complete ruin to the Colony. Lord E. SOMERSET said, that he' id not rise to en ter into all the topics which had been brought before the House ; but feeling an anxiety for the fullest inquiry, he could not refrain from expressing his satisfaction at the production of these documents, which would enable the House to enter into a full, fair, and dispassionate investigation of the conduct of his Noble Relation, which he was confident would come out of that investiga tion with honour, and cleared from every calumnious imputation. In what had been stated that day, the House would be enabled to see the spirit which actuated the conduct of Sir R. Dotikin, and to judge whether it was so devoid of personal and rancorous hostility as he wished to represent it ; or whether his conduct had been. so far removed from that of a public accuser ? This was not the proper time for going into the questit n, and un it that time should come, he entreated the House to exercise its usual candour and suspend its judgment upon the es parte s•a•ernents and gross calumnies which had been circulated in the newspapers and other publi cations almost day by day for years past. Mr. BEAUMONT expressed his opinion that Lord Charles Somerset had bean treated with great hard ship, in suspending these charges so long over his head without the proof being brought forward. Mr. HUME hoped that all the charges had been laid before the Commissioners, and that they had . reported upon them. He defended the conduct of Sir Rufane Donkin, and was perfectly satisfied that that Gallant Officer would be most happy to find that the documents—the whole of the documents connected with the subject—w ere to be laid on the table of the House. Mr. BROUGHAM said that his Hon. Friend, the Member for Aberdeen, and this Noble Lord (Lard E. Somerset) seemed to be under some misunderstanding with respect to what he had said on previous occasions respecting the conduct cf Lord Charles Somerset, as Governor of the Cape of Good Hope. He admired the high spirit and readiness with which the Noble Member 'for Monmouthshire (Lord E. Somerset) had always met the charges brought or. insinuated against his Noble Relative ; but he (Mr. B) owed it to himself and to the House to state what part he had actually taken with respect to the conduct of she Noble Governor of the Cape of Good Hope. It was true that during the last Session he presented a Petition from Mr. Bishop Burnett, but he must remark that he merely presented that Petition in fulfilment of his duty as a Member of that House. He did not vouch for the truth of any single allegation it contained—he pledged himself to no part of its statement whatever—and he felt himself the more called upon to state thus much, because on previous occasion, when he was absent from the House, it had been stated that he brought forward the charges. In consequence of that assertion he had taken the trouble to refer to the debates, and by the reports, he found his own impressions, with respect to what he had siid, fully confirmed. He hat been particularly guarded in his expressions, and he was at a loss to conceive bow any one could so far have mistaken his meaning as to say he had brought forward a charge against Lord Charles Somerset. He did not know what was the result of the Inquiry instituted through the medium of Commissioners; but he under stood fh at Mr. B. Burnett was dissatisfied with the con clusions they had arrived at. For his own part he certainly had considerable confidence in the Commis sioners, and he must say, he thought it high time that the question should be brought before the House in some tangible way, so that it might be decided Aye or No. (Hear). Whether the alleged misconduct had been dis proved or not he would not pretend to say, but he was convinced that if there were any charges against the Noble Lord, they ought to be brought forwarcrwithout any further delay. It had also been stated that he had pledged himself to impeach Lord Charles Somerset. He had done no such thing. He would state the truth of the business. He believed that every charge in Bishop Burnett's Petition had been examined into except one. That one was a charge of great gravity, indeed, it was the most important by far which had been exhibited against the Noble Lord. By one of those extraordinary absurdities for which there was no accounting, the Go vernot was also the Chancellor of the Colony ; that is, the man in all probability the least acquainted with law of any person in the whole settlement was, from holding the office of Governor, and First Judge. Lord Wellington might as well be made Lord Chancellor of England. Now the Petition of Mr. Burnett stated, that while acting in the capacity of Judge, Lord C. Somerset had been guilty of conduct which amounted to judicial con uption. That in fact hethad taken a bribe with reference to a case in which he was called upon to decide as Judge. He (Mr. B.) said, at the time he presented the Petition, that he did not believe the charge to be true; and he added, that if it could, by possibility, be proved, he should feel himself bound to impeach the Noble Lord found guilty of such judicial corruption. The Commissioners had not inquired into that charge, but he had had occasion to do so. In his professional capacity, he had been called upon a few days after he presented the Petition from Bishop Burnett, to - defend Lord Charles Somerset as a Respondent to the charge, made by an Appellant before the Privy Council, and he would put to she House, whether he could, under those circumstances, prosecute an inquiry in that House.Herepeated that if any charges did exist against Lord Charles S rmerset, whatever they might be, they ought at once to be brought forward. Mr. WILMOT-HORTON replied. His object in calling for the papers he did, was to shew that the con duct of Lord Bathurst was altogether unimpeachable, and that Sir Itufane Donkin had no just ground for complaint whatever—(Hear.) He also called for the papers in order that the House might be fully informed upon the subject, before it was called upon to decide on it. He agreed with the Hon. and Learned Member at his back (Mr. Brougham), that whatever charges there were against Lord Charles Somerset, those who had possession of them, whether they were con tained in petitions or sot, were bound to bring them properly forward to abandon them—(Hear). After a few words from Mr. Fysna PALMER, Mr. MASERLT, and Mr. Hum s in explanation, the motion was put from the Chair, and agreed to. CRIMINAL LAM. Mr. PEEL gage notice that he should, to-morrow, move for leave to bring in a Bill for the improvement of the Criminal Law. The 13111 would hat• for its specific object the removal of those ob i niece technicalities which operated as clogs and impediments to the course of justice; he would instance In Illustration of his meaning, .Bettefit of Clergy—(Hear, Iwo). wtw SOUTH WAI2I. Mr. W. HORTON moved fur have to bring in a Rill to provide for the administration of Justice, &c. in New South Wales, and fur the'Crril Government of that Colony.—Leave granted. A new Writ was ordered to be issued for the Borough of Newport, in the room of the lion. Wni. Lamb, who has accepted the Office of Chief Secretary for Ireland. ILECTION IX PP NC P DILL. On the motion of Lord ALTHOItr, the House resolved itself into a Committee on the Election Expeaces Bill, and the Sstaxis left the Chair. Some verbal amendments were agreed to, and the House having resumed, Mr. TeNNYSON (the ChAirni.in of the Committee) brought up the Report.which was ordered to be received to-morrow. serum; GUNS BILL. On the motion of Mr. TENNYSON. the Order of the Diy was read, for taking into consideration the Lords Amendments on the Sp: ing Guns phl. On the motion that the Lords' Amendments be read a second time, Mr. N. CALVERT said, that the Bill, as amended by the Lords, prevented the setting of spring guns in eny place except dwelling houses, when it permitted `diem to be set from sunset till sunrise. A few days ago he had presented a Petition from a class of persons who were greatly entitled to the consideration of that House. lie alluded to the market garderkrs in the vicinity of the Metropo!is. The alteration proposed would affect them materially, for it set uld expose their property to great danger. They had been in the habit, from time immemorial. of setting springguns within their walled gardens; they had proved an ereellent and effective means of protection, and he had never heard of any instance in which they had caused either death or injury to individuals. He should, therefore, pro• pose an amendment at the proper time to this effect— 's, That it shall be lawful tooset spring guns, kc. from sunset till sunrise in all gardens, hot.houses, and con servatories which are enclosed by a wall seven feet high." • Mr. G. BANKES objected to the amendments of the Lords in lota, and was determined to give his decided negative to the Bill as it then stool. Mr. PEEL said he had objected to the practice of setting spring guns for the preservation of that which was kept merely and entirely for amusement, and he did so still; but he thought there was a wide distinc tion between such cases and those in which persons had recourse to them for the preservation of property, which was perhaps essential to their sub,istence. For instance, the market-gardeners.—(Hear, hear.)—He dissented therefore from the Lords' amendments. But he dissented from them on other grounds. AM ,though the police in large towns was in general good, still for the most part it was extremely bad in their neighbourhood, and it was there that gardens were for the most part situated.—(Hear, hear, hear.) — That consideration was not of recent ft rmation, for the House would remember, that at the commencement of the Session he had given notice of his intention to move for a Committee to enquire into the state of the Police in the neighbourhood of the metropolis—(Hear). At present a large and populous district was mainly in debted for its peace and good order to the activity of a single Magistrate, a Gentleman who acted gratuilously, and might leave the country, or move to another part of it whenever he thought proper. He was cf opinion, that the increase of crime, when that subject should be inquired into, would be found to proceed more from depredations on property titan any other cause. It was well known that the more heinous crimes were now rarely committed, comparatively speaking with for mer times, an that the offences against property were but too greatly increased. He attributed that ire crease in a great measure to the defective state of the Police in populous districts, and he coold n t ccnsent to do away with an old protection, and moreover one which had, as far as he knew, caused no injury before some substitute was in readiness—(hear, hear). He firmly believed that if the market gardeners were deprived of the right of setting spring guns in their walled gardens, their property would suffer greatly.—Most undoubtedly he should prefer an efficient Police to allowing the use of such instruments, but until that Police was rendered efficient, he thought it was but just that the market gardeners should retain the protection they at present enjoyed. For those reasons he could not hut approve of the amendment suggested by his Hon. Friend (Mr. Cal vert), and should give it his seppoit. Mr. It. PA LMEIt said, that he has offered no oppo sition to the Bill when it was before the House in its original shape ; but he must confess that the amend ments made by the Lords had gteatly changed its value in his opinion. The Bill as it stood api,eared to him to grant permission to set sdring guns only in the very place where they never would or ought to be set,namely, a dwelling-house—•-(Hear, and laughter). Ile certainly thought that such property as that possessed by market gardeners ought to be protected, and he should there fore support the Amendment. On the Amendment being put from the Chair, Lord ALTHORP supported the Lords Amendment. Colonel ROSS supported the amendment proposed by the Hon.Meniber for Southwark; and Mr.TaNNISON supported the Bill as returned from t .e Lords. Mr. F. LEWIS concurred entirely with what had fal:en from his Right Hon. Friend (Mr. Peel), and would go further than the amendment proposed by the Hon. Member for Southwark, for he was of opinion that spring guns should be allowed in every garden ;properly fenced. Dr. LUSHINGTON was for adopting the amend- Seats of the Lords, and was of opinion that too severe wieasures and enactments had been passed for the pro tection of property. It had been said that no mischief bad occurred from placing these instruments in gardens. He knew, however, an instance of an Hon. Member of that House who had the misfortune to have spring guns set in his garden, in consequence of which a man was shot. He had been a witness to the misery which had been produced by this occurrence, and he was quite sure that the Gentleman to whom he alluded would rather have lost the whole produce of his garden, and even the garden itself, than such an event should have taken place. He had ordered his gardener to load the guns only with powder, and he had taken upon himself to load them with shot. He thought the advantage of this practice to market gardeners was greatly overrated. He knew from personal observation, that the market gardeners in the neighbourhood of Highgate constantly employed watchmen. Spring Guns were in fact a pro tection only ag iinst depredators in the immediate neigh bourhood against those from a distance, and who could not possibly know whether Spring Guns were set or not, it would be no protection whatever. The market gar deners sold th. it produce at a price a thousand fold greater than the cost of production; and if they were reduced to the necessity of adopting more extensive protections to their property than these machines they would have no reason to complain. Every • r • li ( • II I 4 i . ..t 1 I •