Star. — London, England, 1821-06-07 00:00:00

question which would criminate himself; that where the public feeling is strongly extlted, there is dander that the Jury may, after all, be more or less biassed by their feelings for or against the prosecutors, among whom ari• so many names of weight, even belonging to the Bench of Justice and the Administration of the Country. " That Judges themselves marhicome interested in the re sult, as would be the case if your Petitioner were tried at the Old Balky, where it is the duty of the very Treasurer of the Association, Mr. Alderman Bothwell, to act as one of the Judges. And, finally, that if (as your Petitioner is advised may be the case) it should become necessary to bring a writ of error, such appeal will be heard before as many as forty of his prosecutors. That your Petitioner does not enter into a vindication of the alleged libels, on which, however, be is ready to meet a fair and open trial, considering the circumstances in which they ori ginated ; but he submits that he ought not. under any supposi tion even of actual guilt, to be thus proceeded against. " That your Petitioner is totally unable to institute any pro ceedings to try the legality of the proceedings against him, and that (even if he were competent to try such a question) a deci sion the most favourable to his views of the nature and legality •of the Association would have no effect in recompensing him for the evil which he may sustain by an unfair trial. " Your Petitioner, therefore, tlirows himself upon the fa vourable consideration of your Honourable House, praying that it will adopt such measures for staying the proceedings in your Petitioner's individual case, or for investigating the legality of the Combination in question, or for suspending its operation., or otherwise, as to your I lonourable House may seem just and right. " And your Petitioner shall ever pray," &c. On the motion of Dr. Lustiworou, k was ordered that the Petition do lie upon the table, and that it be printed. COURTS OF JUSTICE IN TOBAGO. Lord NUGENT rose to call the attention of the House to this subject. He should do so as shortly as possible, and he believed what he should now state with regard to Tobago, would apply to all the small West India Islands. The greater part of the infor mation he had obtained front a Gentleman, named Capper, recently returned from Tobago, where he held the office of Attorney-General. On Mr. Cap per's arrival in Tobago, he found the state of the Courts of Justice in that Island to be such that justice was impeded by those about the Courts whose duty it was to forward and promote it. He did not charge the j rincipals with this conduct, which originated with the Officers in subordinate situations. Mr. Cap per soon discovered that he must either become a party with these persons, or pass a life of the most uncomfortable description. lie accordingly gave up his situation, returned to this country, and reported the circumstances which he had observed to the Co lonial Office. Lord Bathurst, upon these represen tations, sent out directions to Tobago that inquiry should be instituted. The Report received in this country was such as might be expected from persons interested in the circumstances they were to report upon ; and on Mr. Capper again applying at the Colonial Office, he received this Report as an answer. He (Lord Nugent) then determined on calling the attention of the House to the subject. He should now proceed to detail some of the statements of Mr. Capper of the abuses practised in the Island in ques tion. Mr. Capper particularly detailed the case of a person named Hoskin, who hc found in prison on his an ival, on a charge of assault. He was confined in a dungeon, suffering under its close and noisome heat in the hottest weather of a vertical climate, stretched on a table with his left leg in the stocks.— In these stocks the poor creature's leg had been con fined for upwards of a fortnight. His body was wounded and excoriated, and covered with the col lected filth and ordure of three and twenty days— (Hear, bear).—lle would not disgust the House with the horrible details of the filth, and stench, and ver min which aggravated the misery of this unfortunate creature, his condition might be easily conceived— (Hear, hear). —Mr. Caliper applied to Sir F. Robin son, the Governor, who went to see Hoskin on the following morning, and did express (what any man who had the feelings of an Englishman must have felt) regret at what he saw. Sir F. Robinson stated, however, that the man had been reported to him as insane. Gracious Gou ! was this treatment for in sanit•: ? ( Hear, /tear ). —And, if he had been insane, he had not been visited by any medical man attached to the prison. The overt act of insanity committed by this man, on the confession of the Turnkey, was a declatation, that if ever he came back to this coun try, he would apply to the Courts of Justice or to Parliament /Or redress. Mr. Capper moved for a writ de lunatico isquirendo, which was opposed by Mr. Colier, the Deputy Provost-Marshal, and not granted until Mr. Capper declared that, if the man died, he would indict all the parties for murder.— Hoskin was brought up, examined by two Physicians, and declared not to be insane. The unfortunate suf ferer was detained in prison three weeks longer, and then shipped off the island. The second case was that of three seamen, who accused the Master of the brig to which they belonged of an assault with a cut lass on them, which was a capital offence. He was sorry to be obliged to mention the name of Mr. El phinstone Pigott, who was the Chief-Justice, the Speaker of the Assembly, and the Manager of three estates. The Master of the brig was brought up, but the seamen were not heard, and the prisoner was allowed to depart on his own evidence, and the three men were left behind, where, for fifteen days, they slept on the open beach—(Hear, hear). — An attempt was made to make the seamen admit that they had been guilty of mutiny. This they re fused, and on their arrival in England the case came before the Thames Police for their wages. The wages were paid, viz. £lO to each, and £2O compensation for the assault. A Mr. Robly was consignee of the ship, and the market would have been lost had the Master been detained. Ile was a man so important,' that he was called the King of the Island ; and at the time he had said to Mr. Capper, that if his rum and sugar were sold, he did not care if the Master should be hanged as soon as he came to England. Out of sii cases, he believed he had selected the least glaring. A man of the name of Duff was accused of breaking into the house of Mr. Collier, and at the end of four months he was sent to a rock off St. Lucia, called Pi-' geon's Nand, where the man was now. Mr. Collier • at the time had been Magistrate, Prosecutor, and Jailor—(Hear, hear).—None of the facts stated by hir. Capper had been denied, though many charges had been made against Hoskin. Ile (Lord Nugent) had a letter from Mr. Foss, in whose c‘nploy themau DOw was, speaking highly Of his character. In that Island of Slaves, an -attempt had been made to intro duce the forms of a free Government ; but the Chief Justice received his salary from the votes of persons Who must be concerned in every cause that came be fore hint. He would not say that the Chief Justice was corrupt, but that was a state in which a Chief I . Justice was not to be placed. The greatest evil was, that in no case where a white nian was implicated, could the evidence of a black be received; and any man tvho stood up for the slaves was stigmatized as a Wilberforcian—(flear, hc4r).—Would the House be lieve, that these people applied such a name as a term of obloquy amongst them—a name never mentioned in any other part of the civilized world, but with that affection and reverence which attached to superior wisdom and humanity—(Loud tries of Near).—Ano• ther great evil upon the Island was the rejection of a slave t•testimony in the case of a white freeman; the consequence of such a rejection was most unfavour- • able to the cause of justice, and to the moral amelio ration of the slave's condition. The Noble*Lord then quoted the opinion of Sir William YOnge, who had been Governor in the West Indies, and who knew well the state of society in the Island, to she* that those who had looked with the best information to the state of things there,. had long complained of the impolicy and injustice of not allowing a qualified ad mission of the evidence of slaves, in their judicial in quiries. This proscription was ill calculated to create that feeling in the slaves towards their masters, which it was so desirable to see cultivated upon the Islands. Would the House believe, that not only were the slaves thus treated; but that they were a'•solutely de nied the opportunity of being present at any place of Christian worship ; for on the day and hour set apart for adoring the GOD of Mercy and Truth, the time was actually fixed on, not only for carrying on the slave-market, but for flogging these poor wretches!— (Near, hear).—This was a dreadful example to set before the eyes of the unhappy slaves on the Chris tian Sabbath, and well calculated to alienate flom them all regard for those who had to measure their destinies. In every respect, therefore, their condition was miserable, and they were the victims of every species of injustice, instead of being made practically sensible, as they ought to he, of the value of that de claration made by the old dispensers of British jus tice—" Nulli rendemus, nulli nr o maldinus, multi Ape masjuslitiam"—(Hear).—The Noble Lord concluded by moving for the appointment of a Select Commit tee, to inquire into certain abuses in the Island of Tobago—( Hear, hear). Mr.W. SMITH seconded the Motion, and lamented that the name of Mr. Pigott was necessarily intro duced into the present subject. He would take up a case as stated by Mr. Pigott himself, who had said, that Peter Singleton,, who had complained to him, was a Black not born in the island. That nun was resting himself on the high road, and was told in harsh language, by a Mr. Sinclair, to remove out of the way. file man did so, and again returned, when he was taken into custody, and kept in the stocks all night, and then sent away, without having committed any offence.-The Chief Justice had said, when Blacks came from another island, they were looked at with considerable suspicion ; and that Mr. Sinclair had said, he had no knowledge of, and could have no prejudice against Peter Singleton, and that he would not have put him in the stocks had he known him to be a free man ; at the same time, he would make him a present of a hat, by way of compensation!— That had seemed sufficient to the Chief Justice ; but what must be the administration of justice in the island when such was the case? The Members of the Assembly, 21 or 22 in number, must form a select Society among themselves, against which no stranger could hope to obtain justice. All that could be done now would be fur Parliament to pledge itself to in quiry in the next Session. Mr. GOULBUILN would forbear to go into a dis cussion of the whole of our %Vest India policy, how ever he might be prepared to do so on a future occa sion. Many difficulties arose from each of the Colonies having an independent Legislature. Most of the cases that had come before the• House were to be ascribed to that circumstance. The House must also recollect that the state of the Planter was very different from that of an individual in this country. It was to be kept in mind that the state of society in these islands had been sanctioned by the Legislature of Great Bri tain. if the evidence of slaves should be admitted, it would be easy for a Master to command the evidence of his slaves, in order to exculpate him from any crime, howcver atrocious, which he might have com mitted. If he opposed the Motion, it was because in the present stage of the Session it would be impos sible to come to any conclusion amidst conflicting evidence; and it would be impossible to summon from the West Indies the persons whose conduct had been censured. If the House was to inquire into the general administration of justice in Tobago, he ap prehended the result would be most satisfactory, as from a few cases it would be unfair to infer that the source of justice was impure. He must complain that the Noble Lord had not attended to the statement made to the Secretary of State; though he also ad mitted that there were many things in the case of Hoskin, that the House could not look at with ap probation—(lkar, hear).—Of the Chief Justice he knew nothing, except in Isis official capacity ; and the only estate he managed was one that belonged to his brother, the late Sir A. Pigott. It was to him that the country was indebted fer removing the obstacles to the manumission of slaves. In any inquiry the, evidence must be all confined to one side; and there- 1 fore he must oppose the Motion. Mr. BARHANI was always favoprable to inquiry into the state of the West India Islands, in order that, accurate information might be obtained. He was' sorry that the Noble Lord had diverged into so wide a field, from which no practical good could result. To found accusations on such evidence as the Noble Lord had grounded his arguments on, was worse than " Spargere wee " Ia vulipent antbiguas I" It was too much to make one or two cases of indivi dual injustice the subject of general abuse against the colonies. Great pains had been taken by the planters in general to teach Christianity to the negroes, though little had been done by the Established Church. In many instances represented in this country as acts of cruelty, it was owing to the negroes themselves that ' , no alteration had taken place. The negroes were in a state of progres,ion, and nothing was more to be deprecated than a premature change. The utmost that could be effected' would be a pledge for the next' Session, and he thought the inquiry should be as ge neral as the imputations that had been thrown out. He should move, as an Amendment, that the House should, early next Session, appoint a Select Coin miner to inquird into the administration of justice in the West'lndia Islands. Sir JAMES VACTINTOSH thought the inquiry proposed by the last speaker much too large for the grasp of a Committee. He conceived the motion of his Noble Friend to be remedial, and 'not critnina tory. He (Sir James Mackintosh) would lay indivi duals out of the question; but the errors into which they had fallen shewed the state of the laws in the colony. The three cases stated plainly proved the necessity of inquiry, as they had been approved of by all the Authorities of the island. If these cases did not demand inquiry, then the colonial system must be left to itself. The colonists of Tobago ought to have, in the present debates, sufficient warning that the House meant early in the next Session to go into the inquiry. Mr. NIARRYATT denied that in the West India Colonies a man could not go into a Court of Justice, and expect relief in that quarter of the world against a person of influence. He must vote both against the Motion and the Amendment. He would very willingly agree to an open and, public inquiry. Mr. WILBERFORCE confessed that he thought it would be right to make this matter a subject of inquiry—a measure which the general interests of justice, and what was due to the judicial audio' ities concerned, equally required. He was much sur prised to hear Honourable Gentlemen defending some of the abuses which notoriously existed in many of the West India Islands. Thus the predilection of the Negroes for their Sunday market had been as signed as the reason of its continuance. He would put it to the House, however, whether this preposses sion of the Negroes for a custom which had existed too long, was any ground for retaining it? (The other features of the Hon. Gentleman's speech could not be collected in consequence of loud coughing, and re iterated cries of " Question, question I' ) Lord NUGENT said, that observing the signs of impatience which had been manifested during the speech of his Honourable Friend, the Member for liramber, who was accustomed. to demand universal attention by his eloquence, he (Lord Nugent) could have little hope of occupying much of their time. If the House would allow him, he. was ready to with draw his motign, and to substitute in its plate the following Resolution: " That, early In the next Session, this House will appoint a Select Committee, to inquire into t he Adminiatration of Justice in the Island of Tobago." On the question being put from the Chair, Mr. GOULBURN said he was very unwilling to pledge the House to ally inquiry by Parliament into a subject of this kind.—The House then divided: For the Resolution - 66 Against it - 105 Majority —39 GRANT TO THE DUKE ON CLARENCE. The Marquis of LONDONDERRY stated that he had a communication to make to the House on the, part of his Royal Highness the Duke of Clarence, sanctioned by his Majesty. But before he proceeded further, he wished that the Resolution of the House of the 16th April, 1818, should be read by the Clerk. The Clerk read the Resolution, the purport of which was, that it had been resolved by the Com mittee, that an additional allowance of £6,000 a-year should• be granted out of the Consolidated Fund to' his Royal Highness the Duke of Clarence, on his marriage. The Marquis of LONDONDERRY proceeded : His Royal Highness had, from motives highly cre ditable to himself, refused the grant then proposed, as he was going abroad. But circumstances had since changed, and he felt it necessary to accept of the sum proposed to be given him. His Lordship, therefore, proposed to submit the Resolution of April, 1818, to a Committee of the whole House on Friday next. As this proposition had originated with the Crown, he trusted that the House would agree with him in thinking that his present notice was strictly in accordance with the usual Parliamentary practice. Mr. HUME begged to ask whether, this being a now Parliament,•a specific Message from the Crown ought not to have been sent down upon the subject? He thought it ought also to be ascertained whether his late Majesty had not left property behind him, out of which his Royal Highness the Duke of Cla rence might be provided for, without saddling the Consolidated Fund with a charge which it was unable to bear ? The Marquis of LONDONDERRY observed, that questions of this nature would come more properly under the consideration of the House when the ques tion was fairly before them. With respect to the other objection, namely, a specific Message from the Crown, it would be in the recollection of the House that the provision for the late Princess of Wales had been voted from £35,000 to £.50,000 a-year without any such Message. Mr. FORBES said, he had no objection to the pro posed grant, but he hoped the Noble Lord (London derry) would also propose the additional grant of £6,000 a-year to his Royal Highness the Duke of Cumberland. When that grant was carried, he should willingly vote for that now proposed—(Order!) The Marquis of LONDONDERRY put it to the Hon. Member, whether this was a proper time to raise a question of this kind? .He trusted that no thing .would be urged which could tend to throw upon his Majesty an imputation of a want of affec tion towards any branch of - the Royal Family— ' ( Hear, hear).—The cases of the two Royal Per sonages were totally different. Mr. FORBES said, that they were both new ques tions. He repeated, that he would vote for the grant to the Duke of Clarence, as soon as the grant to his Royal Highness the Duke of Cumberland had been carried. He hoped that after what had recently taken place they should hear no more about a refusal of grants on the score of character and conduct. Mr.N.CALVERT protested against its being sup posed that, as a . Prince of the Blood, any individual had a right to a particular grant from that House.— The grant must depend on the pleasure of. he House, the consent of the Crown having been first signified. The question that the House do resolve itself into the Committee on Friday, was then put and agreed to. ASIERII AN LOYALISTS. Mr. W. COURTENAY moved for leave to bring in a Bill to indemnify the American Loyalists, who had lost their all in supporting • the interests and in stitutions of ,this country in America. He moved that the House should resolve itselt into a Committee to consider the claims of the unrequited Royalists.• Sir SCROI'E 13. MORLAND seconded the mo tion, and said, that the pledges given by the Govern ment during the American war and at the peace, en 'titled the parties to the fuU payment of their present claim, which could not be 'refused without a breach of faith and the grossest injustice. Mr. BA RlNG,thought, that if this was a debt due by the country, it should be paid as faithfully as any other public creditor. But if this sum of £lOO,OOO were paid to these Loyalists, the House must make good another £lOO,OOO to the merchants. At the same time he did not think this claim well founded. For when compensation was made to the ether Loyalists, it would have been gross injustice not to have made a like compensation to the class of Loy alists now sought to be remunerated,. Mr. W. WYNN supported the motion. Mr. MONEY said, there never was a cage brought before Parliament which displayed a stronger instance of breach of public faith, than did this question re specting the claims of the American Loyalists. In 1783, Parliament, King. Lords, and Commons, gave them a pledge; the good faith of the country was then pledged to them; and eves y future Parliament of King, Lords, and Commons, was bound td redeem that pledge. In a few years, not one of these unfor tunate individuals would be left to experience the jus tice of Parliament; to expedite that justice, he would now give his most cordial support to the motion. , Mr. WILBERFORCE supported the claims of these individuals—claims which had been pending for nearly forty years, and which the House had, on more than one occasion, recognized, The CHANCELLOR of the EXCHEQUER de nied that the country was pledged to make full resti tution to these individuals. AU we were bound . to do, was to make these individuals as liberal a com pensation as thecountiy could afford. He considered that the country had done this, and could at present afford to do no more. M:.W. SMITH contended, that the Proclamations of our Government, and the language held by the Commanders of our Army and Navy to these poor persons, was such as to pledge the country to make good to theta their losses as far as possible, In the Estimates of the present year. he saw compensations to the Army, Navy, and Ordnance, tetthe amount of £130,000 annually; whilst the whole claim of these unfortunate individuals, who had sacrificed everything to this country, only amounted to £109,000 ; and the only excuse set up for this act of injustice—this breach 'of public faith . and promise —was, that we - could not afford it. Pay them to the utmost farthing of their claims : we should still be indebted to them compen sation for days, months, and years of anxiety. The House then divided— Eor the Motion - - Against it - - 77 - 60 Majority Mr. IJUSKISSON observed that his Majesty would have no fund out of which ter make good this grant. Mr. HUME said, the House would not address his Majesty to 4ive money without pledging itself to en able his Majesty to comply with their request. After a few words from Mr. WM. SMITII, Mr. CREEVEY said, an Honourable Friend of his (Mr. Peter Moore) had pledged himself not to suffer public money to be disposed of after twelve o'clo:k. His Friend being absent, he would now move, as an Amendment, that the House•do now adjourn-(No, no—Hear, hear). The CHANCELLOR of the EXCHEQUER urged the inconvenience which would arise from adopting this motion. Mr. COUEsTENAY was anxious to meet the wishes of the House: if the claims of these individuals could be met in. any other way, he would not press the Committee. Mr. BANKS could not agree to voting public money in so thin a House ; and if the question was pressed, he would.vote for the adjournment. Mr. P. MOORE, having entered the House, ob served, as the proposed adjournment might be incon venient, the present question might be adjourned, and the House might proceed to the other Orders. Mr. BARING thought the opinion of the House could be taken on the next stage of this question. Mr. CREEVEY had no wish to inconvenience the House, but could not agree to grant money at this late hour, let the proposition come from which side it would. Mr. COURTENAY then agreed to withdraw his motion for the present. Mr. CUR WEN postponed his motion for the repeal of the Agricultural Horse Tax to Friday; and Lord MI LTON has deferred his *notion for the repeal of the Wool Tax till to-morrow. Lord MILTON moved the second reading of the Yorkshire Pell Bill. Mr. DENMAN objected to the Motion. Mr. S. BOURNE could see no reason, if the Bill was a good one, why it should be confined to the County of York. Lord MILTON stated, that he should not conceive the House pledged to the Bill, though it should be allowed to pass the pre sent stage. Mr. WYNN was of opinion, that if the Bill was a good one, it should be extended to other Counties. At that hour it was impossible to do justice to the subject. He should have no dr. jection to the second reading, if the Bin should be allowed to stand over to another Secsion. Mr. BROUGHAM stated the County of York to be in a different situation from others, as it in fact consisted of three Counties. ------- Lord MILTON bad no objection to postpone the measure, if it was the wish of the House ; at the same time he hoped the Bill would be 'allowed to go to the second reading. The Bill was then read a second time, and committed for Friday. The other Orders were then disposed of, and at Half-past Two the House adjourned. . Mr. S. WORSEN, while strangers were excluded from the gallery of the House of Commons, on Monday evening, with drew his notice of motion for the production of a Copy of the Laybach Circular, which stood for Tucsday ; and he afterwards gave notice, that he should bring forward such motion on Wed.. nesdsy, the 13th instant. The Hun. C. H. flurcen.sou We a notice oq the books for the same day, and which will have pre cedence; viz. another motion regarding the State of Europe. The House will adjourn from to-morrow till Wednesday next, for the Whitsuntide recess. GENERAL REDUCTION ow TAUS.—The necessity and expediency of striking off a portion of the NA TIONAL DEBT is very ably argued in the Pamphleteer, No. 36, just published—by which it is pro-ed that the injury to the public Creditor will be very little felt. The subject is expected to be brought under consideration during this Session of Parliament. In the same No. are published Bowles' Letters to Lord Byron • B. Beaumont on the Criminal Code ; Corner() 'on Longevity; with several other dire Pamphlets. The Carpet and Tartan Trades in Stirlingshire are very brisk. The attempts to substitute cotton yarn for worsted in the manufacture of carpets- failed The cloth was soon soiled, and the colours lost then lustre. The experiment made at Aberdeen with hemp was equally unsuccessful.