The Sun. — London, England, 1840-04-08 00:00:00

THE SUN, LONDON, WEDNESDAY, APRIL 8, 1840 as the Circuits were not concluded, it was impossible to have the opinions of the Judges before Monday next. Lord WYNFO RD thought it would be better to have the opinion of the Judges on the case. He thought it might even be argued by Counsel. Lord MELBOURNE—I never heard of such a thing Lord WYNFORD—There is a case in point, the usury case in India. He could not imagine that the words " Protestant clergy" could have any other meaning than " the clergy of the Church of England," and he never doubted but that the Clergy Reserves were expressly for the clergy of the Church of England. The Earl of HADDINGTON said he should like to have the opinion of the Judges, to see whether the Church of Scotland was entitled to a part of the Clergy Reserves or not, and he should, therefore, suggest after the word " ordination" the insertion of the words " or the Estab lished Church of Scotland." The Bishop of EXETER said he should have no ob jection to it. Lord ELLENBOROUGH then said he trusted their Lordships would not put the first question, as it was not a question of law, but one of expediency. It rested with the Ministers of the Crown to consult with their legal advisers as to whether the Crown should give the Royal assent to the measure or not. He (Lord Ellenborough) was of opinion that the Church of Scotland in Upper Ca nada should be provided for from the public funds, and he knew of no other funds but the clergy reserves. He thought it was impossible to attempt to maintain the as cendancy of the Church of England in the colonies. The Bishop of LONDON had listened with feelings of unmitigated pain to what had fallen from the Noble Lord who had just sat down. He understood that it was that Noble Lord's conviction that it was impossible for the Legislature to maintain the Established Church in that country, and that such a state of things ought not to exist. Now he begged to remind their Lordships that that idea had been for some time prevalent in Ireland, and he doubted not but that it would seen be attempted to be introduced in some parts of this kingdom. He begged of their Lord. I ships to consider, before they allowed themselves to be the instruments of propagating such doctrines. The Earl of RIPON was in favour of the motion. Lord ASHBURTON objected to the first question as useless. As to the others, he thought they would be asking the opinion of the judges on subjects with which they could have no acquaintance. The Marquis of LANSDOWNE confessed that he had always understood the word Protestant to mean something beyond the Church of England. That was evident from the Act of 31 Geo. 111., for in some clauses the Church of England was mentioned, and in others the word Pro testant was mentioned, evidently denoting a difference. He trusted the Right Reverend Prelate would withdraw the third question, or put it an abstract form, for the charter, he was certain, did not exist. The Bishop of EXETER, in reply, said, that be had been informed by individuals who had acted under that charter that the charter did exist. The House then divided, when the numbers were— For the motion 57 Against it 4O Majority for the motion Their Lordships then went into Committee on the PRINTED PAPERS BILL, when Lord SHAFTESBURY informed the House that I Counsel were in attendance to be heard on the Bill, and Mr. Platt having been called to the bar, stated that he had only received his instructions at three o'clock ; and from that time till five be was preparin g himself, but cer tainly he was not prepare d to advocate his clients' cause. Lord KENYON said that he had gone to Newgtae that morning, and informed Mr. Howard and Mr. Siockdale that if they wished to be heard they must instruct Counsel that evening, he had little doubt from the known abilities of the Learned Counsel that he would be able to address their Lordships with justice to himself and his clients. he LORD CHANCELLOR said that Mr. Howard and Mr. Stockdale knew of the House going into Com tnittee that evening, and it was not the Counsel's fault that he was not prepared, but that of his clients, and they must .uffer ior it: The Duke of WELLINGTON said if they were to hem. Counsel why not hear them in earnest, and that was when the Counsel were prepared. He should suggest that the House should go into Committee on Thursday and hear the Report on Friday. The LORD CHANCELLOR said there was no ob jection to that course. The Hous:i having resumed, and the Chairman having rcpurted progress and obtained leave to sit again, the House adjourned at half past Ten. do so. The Marquis of LONDONDERRY thought it ex• treinely important that tiny should know what the intei:- liens of the Nol , le Viscount were. Viscount MELBOURNE said that it was not his in to ration to press the 1101 f°; ward hastily. The Marquis of LONDONDERRY trusted that the Noble Viscaunt would postpone the Bill till after Easter. Lord Melbourne mode no reply. The Earl of GALWAY presented a petition from some tewn in Seetheld praying for a settlement of these rights with regard to the presentation of ministers. The Duke of NEWCASTLE presented a petition from Hull against the Corporation (Ireland) Bill. CLERGY RESERVES (CANADA). The Bishop of EX ET ER. then proceeded to make 1. - ;s motion that the Judges should p-oeounce an oainion upc,o he legality of the manner in which the Ciergy Res •rvea had been dealt with by he Legislature of Upper Canada. He regretted the absence of a Noble Lord (Lord Lynd- I toarsi), who was moat fitting to pronounce an opinion on I the subject. The Right Rev. Prelate then went on to trace the way in which the Clergy Reserves bad always I been dealt with up to the present time. He (the Bishop of Exeter) ventured to assert that the effect of the union between Scotland and England was that the law of Eng land was the imperial law of the United Kingdom, and that the laW of Scotland, endured only within the limits of Scotland ; and Lord Redesdale laid down that as the co nstitutional doctrine. With regard to property—il an individual died intestate, not having been domiciled either in England or Scotland, having returned from one of our Colonies, the law of England applied to that case, and the case of Dr. Munro was so decided. With regard to marriage also, the law of England applied in our colonies, a Scotch Presbyterian clergyman was not recognised by the law of England because he was not an ordained clergy . men. By the 33d of George 111 , and the 38th of Geo. 111., it was clearly shown that the Church of E n g land was only recognised by law in Upper Canada. Now, he adiniticd that the Church of Scotland was an established Church, hut only of Scotland. He denied that it was of the United Empire. It was limited by the Union. By the great constitutional act of 24th Henry VIII., it was declared that the jurisdiction spiritual and temporal, was inalienable in the Crown of England. And by the Act of Supremacy the Church of Rome could not be the Established Church in Upper Canada, because it de nied the supremacy of the brown of England ; and for the same reason it was, that the Church of Scotland could not be the Established Church in that country. Now, by the 31st George 111., chap. 31, there was a per manent maintenance for the Protestant Clergy, and an appropriation of lands, and no power was given by any subsequent Act to the Colonial Legislature over such ap propriation. But this Bill before them directed the sales of the Clergy Reserves, and the application of the pro ceeds, and the 31st of George 111. contemplated a power of sale. Ha ventured to assert that nothing but an Act of the Imperial Parliament could release the Crown from the trust that was imposed on it, by holding the Clergy Re serves. He had heard by papers that he had just received from Canada, that a Roman Catholic member of the Le gislature of Upper Canada, on the most conscientious mo tives, had entered his protest against the present Bill. The Right Reverend Prelate then concluded by moving that the opinion of the Judges be taken on the following questions :- 1. Whether the words, " a Protestant Clergy," in the 31st Geo. 111., ch. 31, (sec. 35 to 42), include any other than the Clergy of the Church of England, and Protestant Bishops, and Priests, and Deacons, who have received episcopal. ordi nation ? And if any other, what other? `2. Whether the effect of the 41st section of the 31st Geo. 111., oh. 31, be not entirely prospective, giving power to the Legislative Council anti Assembly of either of the Provinces of Upper and Lower Canada, as to future allotments and ap propriations ; or whether it can be extended to affect lands which have been already allotted and appropriated under for mer grants? 3. Whether there being a Corporation legally established for the management of the lands so allotted and appropriated, isueli Council and Assembly have power to apply the rents and pro fits, arising from the lands already so allotted and appropriated, to any other use or purpose whatever than the maintenance and support of a Protestant Clergy? 4. Whether in the Bill of the Legislature of Upper Canada, now lying on the table of this House, intituled " An Act for the Sale of the Clergy Reserves, and for the Distribution of the Proceeds thereof," these powers, or either of them, hare been validly exercised? Lord MELBOURNE then rose, and begged leave to say, with regardover to the charge that had been brought a e a i n st the Gnment, that he (Lord Melbourne) was not influenced by any partiality towards Dissenters, or by any dislike to the Church of England. His feelings were quite the contrary, and quite of a different_ character. Now, he begged " Prelate to ask, as the Right Rev.rel ate had stated so au thoritatively that the word Protestant" meant " the Church of England," h — of he Eg b n eg ia g n e d, dt w o h a y sk t , b i t f , Protestant clergy meant the Why had they not said Legislature had not said so? Church of Englanlelvoards and ,S,cpotrloatnedst?anatodclehregtyh,,ewugehret itcawrea-s probable that the t the Christians, purpose andof c to orn e p a r te is n i d ng i: a s fully much chosen larger denomination a n d selected flog o pthroavtisßionnl,s which n hi te hmaadnhnoceroirs, owoltilfcrhomit uhapdpobreecnaeoxatdean.dedTbhye b C u h t u b r c y h th o a f t oEngland c h wo neverEngld. called a f 3 word Protestant The was a very late word in all ecclesiastical histories ; it g an by any other na me it was not i n t h e Thi r ty-ni n e Articles—he believed wa not. Nor was it in the Canons : he had not read them all, but he believed he had gone half through them. The Act of Uniformity called it the Church of England, and he should say no Act of Parlia ment used the word Protestant unless it meant Dissenters —unless it coupled the Dissenters, or inferred dissent. The word Protestant was selected, he thought, in order that the distribution might be made among the different religious sects prevalent in the country. As regarded the questions proposed to be referred to the Judges, he saw no reason—no occasion for pursuing such a course. The course was liable to inconvenience, and not called for on the present occasion. The words were clear and plain, freed from all legal technicality, aryl open to plain inference. The Duke of WELLINGTON said the question was, were they to take the opinion of the Judges on a case con • "nine which the Right Reverend Prelate bad stated one ion, and the - Noble Viscount another totally opposite? glow •'n' N ' , e thoue,ht that they did require th e opini on o f a ty whether that House should exercise the power t o T a rd cid p r a c t ssl. eg he,. Majesty, praying her Majesty to wi'hhold ct Is, that 2 ' ) l. s 0 certainly support the um the Act. H• di uld BAD 1 , 1 m E s ........., ___ e .=,s-___—__......,,,,...... f h plain fa •• • would give content to the naturally ei s . are din: 0 -. .• t . h i l e e o r t"o 3 n 3e t n it t. :; r: i . . ail.Gi Might 11, Re. e. inclined l3relate to agree with the Right times are productive of good to those discontented rap id° tiln°„ Lord AB .. well, by acting in accordance with the'‘dhicr)tates of • ' e t. ,Ile thought, however, it could never he :at ti , is. R ev . Prelate. A c ,, t , had a retrospective power of un to dO truth.— TV!rze id: Advertiser. That Act referred to appropria_ ALTERATION OF Du -VIZ.—We under 1 in the article of gloves which b ase been supplied j tic i, IN c._? .o ; the American market, an alteration of the e eau . doing the i i _ .. lders ,ta s o h at tions alrennv m. , rsropriatio ,e. future , oc t e „.n I, _ t .- 1 - 1 - \ The LOUD a-, ii.orn 1 ...thi contended tha t , 1 et to appropriations. r'H AN CE LL OR thought it eas so the Colonial Legislate:a; :ea. •e•eii ordered ; all t how havin , silk 1 • , Coot ut 0 .. clearly intenas - . i a entang , ~.. ~, i !, : qt en , on, aro hereafter to he cocsidcreol ' . -;:' '", e wri ..;'t i the power of altering . . rialon. Hewas et epi. reserve . ~• --, - s, s Ling, at;l aro t , : , - ;: , y a duty f; f' iroin •:n to 50, -q - "`..Y• mac, 'a tilon that the fir ques„e t eu wil7Ptoo much in the shape a ej li,i'eti` With 1;1 , 111 Wi'l!S er nelli the putt eezu • ;al .1, a leading, que9tion. Id have no knowledge er , -,.. i 0 ~,, , . , India-ri.bh,„ , facts of which the Judges cell As to third question, it ii.volyed I,' tt, i:e adldi,o, at tee sea nose ry 'An y o f i rr.. ---, :;rlere , i as e;itirely co. - were bel..•re this rep t o„ t j on. _ T el irs to . nellatil":l'"'. The se ; low til he can Jedees in ton in aed e eies 34 , r , 1 racy to _orm. _.icic w:r:e on.y six ' ' r-, _------------ ter 110 USE OF COMMONS, APRIL 7. The SPEAKER took the Chair at five minutes before, Four o'clock. Mr. BAILEY, the now Member for Inverness, was in troduced by Captain Gordon and Mr. Mg Kenzie, and took - . the oaths at the table. A clerk from the office of the Poor-law Commissioner: brought ep certain returns. Oa the motion of Sir GEORGE STRICKLAND. the Bra,kston Ash Court of Requests Bill was read a third k .ei Page, wlio had been a clerk to Mr. Dansey a solicitor. anvas,“l - him ftr Mr. Clive, but witness did not like nd altlmugh hecdered to st,lnti neutral, Mr. D. ,int he discharged him. Mr. Dane/ r. Clive, presided at meetings of his and ed.her nouiiin-.!ed or seconded the nomination of time and passed. Oa the motion of Mr. ALSTON, the Bedford, Wo burn, and Leighton Bussard Road Bill was read a secncl L.:t would not .to, $11:1% at frtl•uc an a gent l'or and canvassed witli Me I lister' au apothecary was the: called to prove that C, r lffiths, Llo , id and Danny, acted as and a:;".,n,,xte:lged-,t4ewseives to be assents for Mr. Clive, in that jiesenee, upon the occasion of settling as to char of polling places t • at would be necessary for the election. ilet is y,suleil in Lticilow, and used to write for the it - or - cc:lu ,Thurnat, the Salopian Journal, the Ten Towns' lfe atic;• , anti the IlexefordJournal. Ills pol.tics were Con ser v&!ive, and he was fr2quently engaged to unite articles for thee, papers it the Clive interest. In 1836 he got up a Con s,rv.,tive Institution in Ludlow. Before the last election he was riving in Shrewsbury. On tho Saturday before the elec tion he was sent for to come ovt'r to Ludlow. The messenger teas Ffail, a hair-dresser of Ludlow. Witness went over next day along with Cook the voter. When he got to Ludlow he werit to Denham House, and there saw Messrs. Bird. Williams, and tsh son, L. Clark and Lloyd, solicitors, and Mr. W. Holmes, the Member of Parliament. The solicitors generally acted as og,,ncs for the Clive interest on former elections. They 'Nene very instrumental in getting up the Conservative Asso time. On the motion of Mr. DENISTOUN, the Calton of Glasgow Police BM was read a third time and passed. On the motion of Mr. BERNAL, the Stroud Church Bill was read a second time. On the motion of Mr. HANDLEY, the Farmer's and General Fire and Life Assurance Company Bill was read a second time. 1 Mr. MACKENZIE moved that M r. Houston be added to the Committee on the Clyde Navigation Bill ; the orris ; sion of his name, in the first instance, having been caused by his accidentally late arrival on the occasion when the Committee was nominated. Mr. GREENE opposed the application as inconsistent with the due observance of the Standing Orders. Sir G. GREY coincided with the objection. Mr. MACKENZIE contended that it was quite con sistent with the Standing Orders that the House should add a new name to a Committee after its original nomina. tion. The Bill affected the interests of Mr. Hous ton's constituents to a very considerable extent, and his local knowledge would be of infinite assistance to the Committee in examining the details of the Bill. Mr. CAMPBELL (of Argyleshire) opposed the mo tion. If the plea of the Hon. Member's coastituents, being interested in the Bill, was admitted in favour of the departure from the Standing Orders, the same plea might be alleged in favour of nominating upon the Committee any other Member for any part of Scotland or Ireland, or even of England, as all were interested in the navigation of the Clyde.—( Hear.) Mr. ESTCOURT and Lord G. SOMERSET also opposed the motion, which was ultimately negatived. EDINBURGH AND GLASGOW RAILWAY BILL. .. elation. By Mr. CoensußN—Had you any communication with Lord Clive respecting that Association, or with those gentle men, as his representatives? Mr. Sergeant MELIEWET:SER objected to the question. Lord Clive was no party before the Committee. After the Committee had deliberated for near an hour, Parties were recalled, and informed by the Chair scan that the Committee had determined that the question could not be put, and he wee requested at the same time to inquire of Sir. Sergeant Merewether whether he could save the time of the Committee by admitting the agency of arty of the parties named. Mr. Sergeant MERRNVETHEr. was not instructed to do so, but he would make inquiries on the subject, and inform the Committee to-morrow morning. Lord Howiex referred the Learned Counsel to the evidence given hy his own witnesses upon the agency of Mr. Coppock— , that showed and proved agency on the part of some of the gentlemen named. Mr. RE-ets was then recalled, and said he considered that Mr. William Holmes had the whole management of the election. On the Monday he saw Mr. Holmes, \and in the hearing of Mr. Clive, that gentleman spoke something of briber). Mr. Holmes was upon the 1 Committee in Denham-house; so also was witness. All the solicitors in the Clive interest referred all matters to Mr. I Holmes, and he acted generally as a Committee-man in the pre ' sense of Mr. Clive. Mr. COCKBURN submitted that he had a right to ask as to any acts done by Mr. Holmes. Mr. Sergeant MEREWETHEM would like to ask a few ques tions tiest. Witness thought himself a committee-man, but ,I there was no positive appointment. Knew that there seas a Committee, but he was not cognizant of any appoint ments until the Monday previous to the nomination-day, when Mr. Holmes appointed the persons to bring up the voters. There was • no permanent Chairman appointed—no secre Lary, nor was it stated on the door that such-and-such a room was a Committee-room. He knew that there was a Committee, be -Icause it was always considered that the solicitors wilt) sup ported the Clive interest formed a Committee. Witness acted as secretary to the Committee formed at the Blue Esau— en the door there it was stated to be the committee-room. lie took the office of secretary at the request of the meeting. He took minutes, which he afterwards took to Denham alc use. That committee-room was quite a blind. Re-examined.—The Blue Bear committee was not a gent rral committee—it met merely for the purpose of making arra , ug ments for bringing up voters. He found a body existing at Denham House, who performed all the duties which usua ily devolved upon a Committee. On the Monday he was sent for to the private room in Denham House, and had an intervie w with Mr. Holmes in the presence of Mr. Clive. Mr. Holm es asked hint if he thought he could secure the vote of Mr. .Phillii, s Witness said he thought he could ; and he asked Mr. .tioln les wh at was the sum to be given. Mr. H. asked how much a *mild be le s quired. Witness said the voter would not vote with tht t CI ulserval , - t v v ii e tn p e. ar:t i b a u b t c hei p aht be out of the way for a con ,sideration. wouldoffer .30/. and Mr. H. said, d; Ira so. Fr! 4 went to the voter, but he would not accept tlte n . toney, and I would vote w ith t h e Radical arty. On the same tact anion Mr. ki. said Mr. Willi ams had spoken of his friend W; Isle. Mr. upon the subject. 1 Williams had spoken to hun Mr. CocKswa:s—State what upo that b conversation wa s. dir. Sergeant M EitEwv r u za to the questi an. What I had taken place was not in the presence ejeet :o u d f Mr. Clive— it was not t no a t b IT. Wil Gams and t on oath, nor was any person present Co mni r. lt e t c e e e i b v, y the witness. Such conversations could 31r. COCKBIR.N would not insult the their time in arguing so e!ear a point. The Committee, without clearing the room, decided!l hat the question might be put. Mr. Revis was recalled. Mr. Williams showed him a paper on winch were the names of a great number of vot ers . Air. Sergeant M E It E WETIIE R— The paper must be prod +iced. Witness—He said, referring to the paper, Wade and P 1 ;Mips are friends of yours—will you secure their votes? Mr. H. Ames at Denham House referred to that conversation, and salt Mr. Phillips's vote was to be secured. On the day of polling, Mr. Holmes, in Mr. R. H. Clive's presence, at the Committee.; oom in the Blue Boar, had a conversation with witness. Mr. COCKBURN proposed to ask what that conversation , vas Mr. Sergeant 3IEREWETHER objected to the quest ion, be muse the candicap, Mr. H. Clive, was not present, . nor had it been establishhat Mr. Holmes was an agent for It' i r . Cl ive• Mr. COCKBURN would not detain the Committee furt her than to beg the Committee to remember all the ‘ ;ogent • and conclusive argu•net, nit ts of his Learned Friends, Mr - Set , i. , Merewether iii 4 i . d . Mr. Austin in their opening, as to u i . , : . .„ , 1-- I .i e‘ and treating, against Mr. AlCock. What was saa ea goooe must be sauce for the gander—(Laughter)— .. ce la st was law for the parson must be law fur the clerk. that that which m as law f r the sergeant with il h e is ui a 5 111: IV g d o rt,t- Z 1 I stuff one.—(Laught e r.) should he law also for tri recapitulating the evidenee, e h or i e t any s After contended that there never te, as a clearer case of agency pro , eision of thCeaonCrat: the Learned Gentleman's speech ....,_;journed. i n t e t ; ;ed. that the peaker was at prayers; fore, remains ove .:, rtill t ............_,..... .0-morrew.— A , l Comps; Use, there The ATTORNEY-GENERAL rose " to call the attention of the House to.the petition (presented 6 th April), for leave to bring in a Bill for the Edinburgh and Glasgow Railway." Ihe Hon. and Learned Gentleman proceeded to state the circumstances under which he was bringing forward his motion. The undertaking to which the motion referred was one which had been commenced for the purpose of establishing a communication between Edinburgh and Glasgow. and was one of great importance. 'rhe undertaking was a bona fide one, but the Bill brought in on the subject was introduced as a third class one, while it should have been introduced as one of the second claps. The Bill had been thrown out on this technical objection, which he now proposed to remedy. The SPEAKER here intimated that the Hon. and Learned Gentleman should for a moment defer his motion. TOTNES ELECTION. Mr. ORD then brought up a report of the Members who had been chosen to serve on the Totnes Election Committee. The Members were as follows :—Lord Mahon, G. B. East, the Hon. C. Langdale, G. R. Philips, Tuffnell, Captain Jones, and the Hon. R. Clive. CAMBRIDGE ELECTION. Mr. ORD then brought up a report of the Mernfors who bad been chosen to serve on the Cambridge Election Committee. The Members were as follows : - Divett, Sir J. Walsh, H. Compton, J. E. Sutherland, E. Pro theroe, Sir G. Somerville, and Sir C. Lemon. Mr. Thomas Hamilton, medical attendant of Mr. Su therland, being called in and examined, stated that the Hon. Member was too unwell to attend to any regular busi ness. He would not be able for three weeks or more to discharge his duties as a Member of a Committee of that House. He might have been able to come to the House to-day, but he would not have been able to enter into any defence of himself, or make his own excuse. After a few words from the ATTORNEY-GENERAL and Mr. STANLEY, who did not think the excuse quite satis- factory, Mr. ORD, the nominated Chairman of the Committee, stated that if the House accepted this excuse, as seemed to be the case—(Hear, hear)—according to the rules of the House the Committee was dissolved de facto, and it would be the duty of the General Committee of Election petitions to select another Committee from the same panel, and every Member upon that panel would be required to attend daily in his place until the Committee was sworn in. EDINBURGH AND GLASGOW RAILWAY BILL. wasting t 0 b The ri li gi oa Bill to ATTORNEY-GENERALame namend the Edinburgh then obur g h moved an d forG l a leave Railway Bill. Sir GEORGE GREY suggested that the more regu lar course would be to present a petition for leave to bring in a Bill, which petition being referred to the Committee on private Bills, would give an opportunity of bringing the merits of the application fairly before that Committee. The ATTORNEY-GENERAL adopted the sugges tion of his Right Hon. and Learned Friend, and having withdrawn the motion, presented a petition from the Edin burghand Glasgow Rail wa y Com p an y , for lea ve to brin g in a Bill. The petition having been read, The ATTORNEY -GENERAL moved that it 1Y,7 re ferred to the Committee on PriNate Bills. Mr. FRE SUF I EL D objected to the motion as incon sistent with the rules and practice of the House. In the case of the Ardwick linpro‘ernent Bill, a similar petition was opposed (as we understood) by the Right Hon. Gen tleman e l n t e e r d i ti in consequence n o s l e i ti e ooefogeree ofa tleman himself (the Attorcxy-General), and was rejected l was imp r r o e v j the b irr y ,p t o h r e ta l n i c o e n . se, T al i t ie ho p u e g t h itiol a on si t u h g e le pa c i r t ro oi r th s i v e it p h e o ta ut io an s, intention to deceive the House '. and though the eircumstaac-.‘s were different from the present case, the principle was the same. The reception of such petitions, and the referring them totbe Committee on Privateßills, would lead to the re-agitation of questions which had been already settled by the House. Sir GEORGE GREY supported t he motion, on the ground that there ought to be some indulgence give,l by the House which ought not to exclude parties from ill means of escap e from an accidental error, be t he merits of the ease what they :Rigid. Mr. GREENE. it was agreed that the petition should be referreds A l I. e r r l a o : :: i i. fte l h o : n e t t C l:nin m6e in l io : t v ei ( ce r l i l ' i o l s g n t e f l Pr i oar'tilytattlSicei Electionr Bills. iGll : e attendance L E R o K f :I ; ' r d . be dispensed with. Committee should it., ls --,_- _M, Mr. WARBURTON was not at a ll sa ti s fied with the 1 heretofore enjoyed. They stated that they were borne Majesty's Government. I wish to pass lightly over that medical testimony given with regar d to Mr. S ut h er l an d. ou t in this opinion by the events of 1829. and state that other portion of the case which relates to Lord Napier. He wished to speak plainly, and th e t rut h appeare d to him I they are struck with the contempt exhibited by the Su- I believe him to have been an honest and an upright man, to be, that though that Hon. M em b er cou ld not atten d a per i n t en dent for the authorities of China, and his and I believe that he executed his instructions to the best Committee, he would be very well a bl e to vote w ith his unwarrantable freedom in commenting on the laws of his judgment; but I think he committed some grave in party, and attend a division of the House. and institutions of that Empire. (Hear, hear.) discretions. Having sacrificed his life, on that account I After a few words from Sir CH ARLES DOUGLAS The real and sound p rinci p le of the mana g ement of our am sure there is that generous feeling implanted in the and Sir G. GREY, i n tercourse with China, and of our trade with that country, breasts of Englishmen, and that regard for the f e elings of Sir G. CLERK moved that, for th e further i n f o rmation had been laid down with ex pli c it s t reng th and truth in this those who survive him, that no harshness of expression of the House, Dr. Hamilton should be again called iu and document. Two hundred years of experience and of a po- will be allowed to escape in the course of this debate. I examined. hey which ended in the most successful manner, bear tea. think, however, without transgressing the rule which I It was found, however, that Dr. Ha m ilt on wa s no longer timony to the wisdom of those views. In the same paper_ have prescribed to myself, and which others may be dis in attendance. a reference is made to an opinion of a revered and Noble posed to follow, that I may allude to two or three palpable Mr. STANLEY wished that the co ns id e r a tion of the Friend of mine, now no more. Application had been errors committed by him. It will be found in page 11, question should be adjourned till to-morrow. made to Lord William Bentinck by parties who sought that in his first communication with the Chinese autho- The motion was then withdrawn. for certain I demonstrations against China, and his rifles, he stated that he was charged with political and Mr. W. STANLEY gave notice that he would in the answer to them was, that it was quite impossible judicial functions. Now, nothing could be more alarming Committee on the Ecclesiastical D ut i es an d R e venues to doubt that the discontinuance of trade with China would t o the Chinese than such an announcement, and when, un- Bill, move a clause in conformity with the recommendation be one of the greatest c alamities which could befal the happily, disputes arose, he exhibited a heat and violence of the Ecclesiastical Commission of 1835. East India Company and the nation. He added that it regarding the attack upon Canton, and under circum- Mr. F. MAUL E gave notice that on this day se'nnight, was the bounden duty of the Company to give their best stances which did not justify it.—( Hear, bear.) he would move for leave to bring in a Bill f o r the regula- aid to the establishment of so great a source of revenue But passing on from Lord Napier's mission, I now arrive tion of the trade of chimney sweeping, and commerce to this country. He thought that no at the most important step in these transactions. Here CHINA. measure of intimidation would be justified by the proceed- was a warning given by the East India Company about Sir JAMES GRAHAM then rose and said—Mr. ings of the Chinese Government, and that he could not the transfer of trade, and advice given by the Honourable Speaker, when I consider the magnit u d e o f the subject lend himself, without the sanction of a superior authority, to Baronet the Member for Portsmouth, that there should e hich I have felt it my duty to bring under the any change in the pacific policy which had been hitherto have been no steps taken, and the mission of Lord Napier considertion of this House, an d w h en I t hi n k o f i n variably and successfully followed towards China. en di ng i n a complete failure; and then we comhink eto the the immense immense nat ional interests which are at stake I will net detain the House by reading any more of these traordinary memorandum which we find in, I t, in page and when I think of the peril ous pos i t i on i n w hi c h d oc uments, the publication of which preceded the change 61 in these papers, which is a memorandum addressed by those are placed at this moment , I con f ess i n our trade with China. I had the honour of being a th e D u k e of Wellington to his colleagues before quitting that I shrink from the task which I have imposed on my- servant of the Crown and a colleague of the Noble Lord office in March 1835. It has been the good fortune ofthat sell—not so much on account o f the inability which I fee l t h e Secretary f o r Foreign Affairs, when the Chinese Trade remarkable man to leave on record that which, after all, to do justice to the cause, but f rom an apprehension t h at A c t was introduced. I am, therefore, responsible for will be the foundation of his future fame—the hidden any inadvertent expression or imprudence of m i ne every portion of that Act, and I hold myself responsible also springs and secret motives of conduct exposed to the fullest should place those great nation a l i nterests i n a f or th e instructions issued by the British Government gaze of his admiring country ; and all those motives will state of greater jeopardy than t h ey are at present . at th a t time, as well as for everything which be found to have been pure and worthy of imitation. — But Sir, I think it impossible, consid er i ng t h e present t h en took place with reference to Chii.a ; but it is my (Hear, hear.) On this occasion his conduct was remark state o f our re lations with China as evinced in the papers misfortune to differ at present with those who were then able. This is a memorandum clearly i n tended for the use laid on the table of the House, that this [louse, though not my co ll ea gues on other grounds. It would be vain to of his colleagues. It was just as he `was on the eve of invited by the Crown to express any op i n i on on this sub- di ssem bl e the motives which then induced me to be- leaving office, and was by no means necessary : ordinary j ect cou ld w ith advantage to the public interest any lieve it politic and necessary to make a change in men would have taken care not to s tand corn longer delay t h e ex pression of their opinions.—(Cheers.) our intercourse with China, and to establish w hat was con- mitted u p on so difficult a question.—( Hear, hear, h ear.) I therefore conceive lam discharging a pu bli c d uty w h en s id ere d a mono p o ly. It must, however, be admitted that But the Noble Duke ofeeling that a great national interests I bring this question under the notice o f t h e H ouse , an d t h at c h ange w as attended with considerable danger. It were at stake—that great and momentous crisis had ar that I shall most faithfully discharg e i t i f I give was so f e l t a t th e time, and those who bad the rived in our relations with China—did not avail himself of expression to the feelings and impressions which greatest knowledge and experience of China—of the cha- anY subterfuge, but manfully recorded this memorandum a careful and attentive consideration o f t h e su bj ec t ratter of its people and its trade, expressed in the most at the Foreign-office, thereby showing his successors what has produced on my mind. I fear I shall not b e a bl e to mar k e d and decided manner their dissent from the course w as his opinion on the subject—how he was prepared to command the attention of the House during the length of which Lord Grey's Government adopted at the time. act and to meet difficulties, and giving his successors all time I must occupy in bringing under their notice the de- I know not if I can refer to any authority on the subject the advantage of his knowledge and advice.—( Hear, hear. ) tails of this great questions But at all events I shall best more entitled to weight and respect than than of Mark how he detects the points and delivers his opinion, deserve their patient forbearance, if I at once proceed to the Honourable Baronet, the Member for Portsmouth. with that intuitive sense and manly grasp which enables the subject-matter to which I call ' their attention. And, Upon the discussion of the renewal of the East India him to seize the strong points in a case, and deal with them Sir, in the first place, I would beg to call to the serious Charter, and before the China trade was thrown open, but in the most summary manner. Judging of Lord Napier's consideration of the House the magnitude of the interests immediately upon its being notified that that trade would failure, he puts his finger on the two defects to which which are involved in our relations with that country. I be thrown open, Sir George Staunton moved several reso- I have already adverted. The Duke said," It is obvious am guilty of no exaggeration when I state that lotions, which were put on record as an amendment. that the cause of Lord Napier's failure was an attempt to one-sixth of the whole united revenue of Great I must say that those resolutions were not treated force upon the Chinese authorities a mode of communica- Bi itain and India is dependent on our relations with China with so much attention as they deserved.—( Hear, hear.) tion to which they were unaccustomed, and the assump and India. In the last year the revenue paid into the Ex- Ido not know whether upon that occasion the Hon Mem- tion of a power hitherto unadmitted. Such an attempt chequer on account of tea in this country amounted to no ber for Bridport made his usual motion for adjourn- must ever fail, and bring along with it national disgrace." lees a sum than 3,660,000/. Besides that there are save- ment—( Laughter)—but this Ido know, that one of the Here was the warning. The Noble Duke foresaw the ral receipts arising from imposts upon other imports from then*Sheriffs of London took the occasion to count out failure of any endeavour to have a direct communication chat country, making the British revenue derive from her the House, and in consequence Sir George was defeated in with Vice-Royalty. And what is the remedy be sug intercourse with China no less a sum annually than his intention on that first occasion of putting those resolu- goats ? He says, " Lord Napier must not go to Canton, 24:00,000/ Then, with respect to India, where our diffie tions upon record. But the Hon. Baronet persevered, and be must not depart from the accustomed mode of commu culties are principally financial, I would beg to call to the he moved those resolutions which now stand upon nication." This is the Duke of Wellington's plan for attention of the House how large a proportion of the the minutes of the House as a memorial of restoring the harmony of our relations with China. Yet revenue of that country is remitted into China. his sagacity, of his knowledge, and of the up to this day the Noble Lord the Secretary for Foreign Af fairs, rejecting all past experience, disregarding all the The gross income of India may be stated at wisdom which dictated them.—( Hear, hear) With the 00,000,000/. annually ; and, unless I am mis- permission of the House I will read one or two of those warnings of his predecessors, adhered to the original in taken, the income derived from China is no less than resolutions which bear so closely upon the present state of structions to Mr. Elliot to reside at Canton. Up to the 0,000 0001. annually ; and the difficulty of our connection affairs. (The Right Hon. Baronet then read the 6th arid 13th June, 1839, the last despatch of the Noble Lord, with India being the difficulty of remittance, China has 7th resolutions, which were to the effect that the trade he obstinately adheres to this.—(Hear, hear, hear.) afforded this remarkable facility in its intercourse with with China would not be carried on without the previous The Duke then proceeded to give some further advice, India, that year by year, for the last five years. since the 1 sanction of the Imperial Government at Pekin, and that and to point out the fact that by the Order in Council trade, there has been an annual influx from China into any attempt to appoint a national officer for the one of the Superintendents had the power to hold a Court. India of specie averaging 1,300,0001. annually, and in the protection of trade must be liable to compromise He says, that according to this mode of proceeding the last year yielding no less a sum than 1,700,0001. I have the honour and dignity of the Crown, and that any whole plan can be carried into execution without altering already, I think, related enough to this House to fix its attempt to establish such an office must bo premised the Act of Parliament, that is to say, that he considered attention to this subject as a most important one, consider- by a successful embassy to Pekin.) The House will the Act as it stood was sufficient to give to the Superin ing that, at the present moment, whether at home see that Sir George Staunton states as a previous matter, tendent every control that was necessary, and then he pro or in India, our difficulties are principally financial. it t„ must be a primary object to obtain the sanction ceeds to point out the machinery by which it is to be car- But I should not do justice to my subject if I did not for of the Government at Pekin before establishing any offs- tied out, and then he says, "if the Cabinet should be dis one moment ask permission of the House to call attention ter at Canton, and he goes on to recommand that the posed to adopt this plan, I would give imm ed i at e dires to the peculiar character , the va st im p ortance, and the En g lish should constitute an Admiralty Court at Canton tions for the draft of the prsposed Order in Cou ncil to great strength of the Chinese empire. Unhappily we for the cognizance and punishment of homicides, &C. To make the necessary alterations of arrangements." Now I are on the veree of a rupture with that country, and the latter portion of his advice attention was paid in the have it from the very best authority, that within a fortnight there is nothing less mice than to despise our enemies.— Act which was introduced, but to the former no attention an Order in Council would have passed, giving to the Su ( Hear, hear.) And it will be well to consider what are whatever %as paid, no attempt to negotiate with the perintendent jurisdiction under the Act over all British toe resources of the country with which we are about to Government at Pekin was made preliminary to the subjects. The Duke then adds one other piece of advice, engage in war. Now I must say I think a very general establishment of the Superintendent at Canton. All that he had recommended was discarded; the Order fallacy prevails in this country respecting China. —( Hear.) Now, Sir, I think it better, as a very considerable portion in Council remained as it stood in 1833. The Duke con- Our n o ti on s o f that country generally are derived o f this case turns upon one clause in the China Trade Act, eludes his letter with this piece of advice—" I would recom fieen the intercourse with a single port, to which alone if th e House would pardon me—l fear lam wearying the mend that tillthe trade has taken its regular peaceable course, I3irtish subjects are admitted; and the public opinion i-i House—(No, no)—I think it would lead them to under- particularly considering what has passed recently, there formed from intercourse with Canton alor,e. Now, if I stand more clearly what I shall think it my duty to say before should alweys be within the Consul's reach a stout frigate wished in the plainest manner to illustrate the extent of I s it down if I should read the clause which was inserted and a smaller vessel of war." We shall see how the re this error, I would say it is exactly as if a foreigner were according to the recommendation of Sir George Staunton, commendations of the Noble Duke have been carried into permitted to anchor at the Nore, and after a time to land for the trial of British subjects, even in the waters of effect. lam unwilling to detain the House by detailing at Wapping, and, when there, placed in close confinement Canton. I may appeal to my Hon. and Learned Friend the circumstances of the case at greater length than is ab during his residence, under such circumstances were to the Judge of the Admiralty Court, if this clause was not solutely necessary—(Cheers)—but still, I hope the House pronounce a deliberate opinion upon the resources, genius, at least a straining beyond the international law. gut will pardon me if, having undertaken to bring this case be and character of the British Empire.—( Hear, hear.) Sir, it was under the peculiar circumstances recommended by the House, Igo fully into the grounds on which I bring I will now just call attention to what is the real truth with Sir G. Staunton, and adopted by Lord Grey's Government. forward this motion—(Cheers) —frankly, fully, and firmly respect to the Chinese Empire. It is inhabited by three I pray the attention of the House to the very large powers stating to the House the grounds on which it is founded. hundred and fifty mi llions of human beings—all which are given by that clause. (The Right Hon. Be. I will now direct the attention of the House to an incidenta l directed by the will of one man—all speaking ronet then read the clause, which was to the effect " that point—but a very important one as connected with this one language—all governed by one code of laws—all pro- it may be lawful to her Majesty, by an Order in Council, question—but, before Ido so, I will call the attention of c eas ing one religion, and all actuated by t he same feelin g s to g ive to the Superintendents, or any of them, power the t a communication House to a memorandum w ith Pekin;o of t h h e e sNobleays thatD u i k t Duke i i l i l b reference e in the of • national . pride and sympathy. They date their over the trade an d commerce of her Majesty's o means w power a of theewbiet hadwith ga devisedo Governmentvt.ie_w.( c to ehne for enteringme hereafter into t o communication origin not by centuries , but by tens of centuries, transmit- subjects in any part of the Chinese dominions, and ted to them in regular sacceassion , unde r a p atriarchal to make an y re g ulations for the Government of her Ma stu I s i t w r p s a . r i v n e o T t u t u h o r lose the enjoyment The papersiati on to , but whichthat government, without interruption ; and boast of educa- j est y' s sub j ects in their dominions.") Thus, not only were tion, of printing, of civilization , o f arts, and of all the the very largest powers for regulating the trade and corn- what was required at pre conveniences and many of the luxur ies of life as en j o y ed merce of her subjects in the Chinese dominions given of with wh t may w Pekin by them when Europe was stil l sunk in barbarism, and to the Superintendent, but it was also enacted have to refer on this subject are so voluminous, their size when the light of knowledge was obscured in this our that "he shall have power to impose penalties, is so formidable, and their number so immense, that it is western hemisphere. But not only their numbers—not forfeitures, and imprisonments, and to make such exceedingly difficult to present any condensed view of them only with regard to that unity which is strength, but I regulations as may be necessary in the manner specified to the House. The volume is a bewildering labyrinth call the attention of the House to their great means. by the Order in Council, and that it might he without any clue. There is no index—there is no table of They possess an annual revenue of 60,000,0001. re- lawful to her Majesty in Council to establish Courts of contents, and they are not printed in chronological order, gularly collected—.they h ave no debt—they inhabit Jurisdiction in those dominions, or in the ports, harbours, and it is almost impossible to derive a complete knowledge the largest and fair es t p or ti on of Asia, nearly one- and havens thereof, and in the seas within one hundred of the subject from them.—(Cheers.) I was stating the third of which is in th e fi n est climate, they cal- miles of the Chinese coasts." I think I am not misre- details of that portion of them which relate to the procur tivate a most fruitful soil, which is watered by the presenting that clause, when I say that it was not possible ing an admission to Pekin. I know no one, next to the finest rivers and inter secte d by a canal 1,200 miles in for any terms to be larger than the terms there employed. Right Honourable Baronet, whose opinion is entitled to aKc account gave onug Lordnt itohim teai i o re NapierEEntgmhilpsandero advice, left without this an country autograph fChina, that and, he if h necessary, length, which is one of the wonders of th e world, and in It gave to her Majesty's Council (so long as she chose to great er we i ght on Chinese affairs than Lord Strathearn, o should o , r; every portion of this immense empire there is one uni- exercise it) an arbitary power over her subjects in the and I have his authority for stating that three times of system—one jealous suspicion of strangers , dominions of C hina, and on the waters of that empire beforebe folretteCrhfrinoan: ed both on the shores of the Yellow Sea and along the limited only to 100 miles from the coast. This brings me confinesfortuity of India, and the boundaries of Ava, Tibet, and to Lord Nap ier ' s mission, and I be g to state that I hold no Nepaul. Surely , then , I may ask the q uestion m y self strictly responsible and am not skrioking lire whether it is not wiser to trade than to quarrel in the slightest degree from my share in the shall be able, during the course of the debate, to produce with such a nation as this ?—( Hear, bear, hear.) instructions to Lord Napier. I shall point out to irrefragible proof of the truth of this fact. Mr. Davis, Would it not be more prudent to conciliate such a people the House the points upon which I think previous who was the successor of Lord Napier, and Sir George by the arts of peace, than attempt to use them with the warning and subsequent experience proved that those Robinson, who succeeded Mr. Davis, both in the strongest cruelties of war ?—( Hear.) There is one remarkable instructions were wrong. One part of the instruc- manner urged the absolute necessity of some communica characteristic of this people, to which I have already tions was defective, but the remainder was well tion with the Imperial Government. For five years, not alluded. Their extreme jealousy and suspicion of stran- adapted to meet the circumstances of the case. The clause a trace of an answer was to be found to the Report pre gers—this is their general policy ; and as to Great Bri- in the instructions which I think erroneous, was the order M i'is t a e n r y s sai urged that upontthheer there consideratio nwhim.e re neprtlwciraooeawvnrrniiseslttloi o w nanwnt h :Lhaod i a c neown h trsodi dpn h ri rdagaNtsedGhs order given tepe o o b ei ni Napier's dterget the been soiled by him.—(" Hear, hear," from the Opposition.) lain, it is with more than ordinary caution maintained. I in page 2of the printed papers,it is this : "In execution of There was no communication from him except p. 258, in in di d w n h o i t c which e t e h eN their o b w l e a yw Lord ith says that sufficient her clearness MajM aj es Majesty's s justify could glance for one moment at a natural cause of that the said commission you will take up your residence in the jealousy. They have only to look across the Himalaya, port of Canton, in the dominions of the Emperor of et oourota outwarde, , n ga d oudm their in a. and they see Hindostan prostrate at the feet of Great China ; and you will discharge the several duties confided proceedings on their part.—( Hear, hear.) That was the Britain.—(Hear, hear.) They are not so ignorant to you by the said Commission and Orders in Council re- only answer given by the Noble Lord in the course of five as not to be perfectly aware of the policy spectively at Canton aforesaid," &c.—(Hear, hear.) that led to this conquest. Hardly a century is past since The House would perceive that these orders were s n o t h years,erstrenuously points. notwithstanding our empire, by small beginnings, arose ; and how did it peremptory, and that there had been no pre- Wellingtoneafoundvnetroyn points,thingiobtf uirttne remained ei impossible n i s n eseani niben h tleee i s diothnoi arise ? It arose under the pretence of trade and the sem- vious communication to the Court of Pekin. e to e t f he instructions. These errors had been pointed out blance of commerce. Scarcely a century has elapsed since The House observes that nothing was said in his instruc blywisthheto come Dek our first factory was established in that country. We be- tionc with respect to a passport on the spot, but the order channel waters. China. nstructions, o f If, communication.hnever therefore, e e t . failed eipaidlfeo dre itnh experience gun by building a warehouse ;we surrounded it with walls; to Lord Napier is to proceed and establish himself as we added a ditch ;we armed our workmen ;we increased of right at Canton. The next point which 1 them t:a ßobinson d e tpor o: after poec re ee having dd at on dc the number of Europeans: we formed a garrison; we think was erroneous is to be found at treated with the native powers; we soon discovered their page 4, whore Lord Napier is ordered to announcegoing ie a nr s g t i M e a n r tt o e e MnCe favourablyeaxt hmne weakness ; that garrison marched out ; Clive appeared ; his arrival at Canton, by letter to the Viceroy. These Arcot was seized and defended; the battle of Plassy was orders prejudiced the Chinese, and were made without not depart from the usual channel of communication, while won; won; what Clive commenced the Wellesleys concluded, any previous communication or consultation. Then, Seringapatam was taken, the Mysore was vanquished, and as to the point which I think is defective ; and in the the Mahratta war was terminated by the battle of Assaye, course of what I have to address to the House, I shall show Noble Lord before his last P RC • and India became ours.—(Cheers.) Nor is this all—the that the Noble Lord and I entirely agree that there was e_s s sio t u n to power, , of the course he should pursue towards Indus and the Ganges no longer bound the limits of our a defect in the original orders of the Consul. The point years and a quarter experience whichd k he t h c e o d untry, the two empire—the Hytespes has been passed—Cabal and Can- where the instructions were defective arises as to the modesince his last accession to office, ought to have demonstrated dahar have witnessed the advance of our armies—Central in which the power was exercised by the 6th clause of theto him the extreme imprudence and impolicy ofadhe origi- Asia trembles at our presence, and almost acknowledges China Trade Act, whereby a transfer was made of the nal instructions. Mr. Davis and Sir Georgermg to his our dominion, and on the borders of such an empire is it power enjoyed by the supercargoes of the East India Lord, Robinson had in the mean time urged on the Noble not natural that the Chinese, seeing what has passed, Company to the Superintendent. It subsequently in the strongestthe necessity manner, should feel the utmost jealousy at the settlement of any came to the knowledge of the Noble Lord, Sir George Robinson says he cannot pro of' the British within their territories.—( Hear. ) Their as is stated in the dispatch, to which I shall hereafter re- s v t en , guess the bable views and intentions of her Majesty's whole policy is fixed upon two cardinal points—the for, that there was an error in that. When the China i n y s Government,. and he adds that he acts advised] in exclusion of strangers from residence as of right Trade Act was passed, the power vested in the supercar- reversing his structions. Those instructions wer y e, that lie within their territories, and from direct communication goes had ceased to exist. The power vested in the super- .go to Canton, and communicate with the vice-regal e a u with the vice-regal authority. Now, Sir, we have carried cargoes was the power of withdrawing the li • in the while he continued on the contrary to remai out on ,an unsuccessful commerce with that country for two tenses from those who traded on the waters of ward waters. I confess that lam curious to inquiree centuries. A great change took place in the manner of China—a more vindictive and grasping power can- what ground the recal of Sir George Robinson was to n e conducting it, when it was taken from the direct control of not be conceived, because at that time no trade justified. —(Cheers.) I do not find any ground for i t' t in the East India Company. I hope the House will permit was permitted except under license. An absolute and those despatches ; indeed, if a departure from his me to read some passages from an admirable letter written arbitrary power of withdrawing the license gave, therefore, instructions and success in carrying on the trade in the year 1832, by the Directors of the East India Corn- unlimited power to the supercargoes; it_ was an ample were suf fi c i ent groua d s , t h en his recal might be pany to their Super intendent, resident at Canton. power, and the attempt to convey to the Superintendent j ustif i ed. T he N oble L ord never blames him throughout The letter was written in answer t o a commun i e a- the power exercised by the supercargo was an entire. the whole correspondence with neglecting his instructions, *ntendent during the re- failure of the power, inasmuch as the authority tion received from the Superi nor were any fresh instructions ever sent out to him ;but, - f mis- whichsought to be conveyed had been rescinded seeding year, stat i n g the circumstances rred o. a ben was Act of Parliament anterior to the China t S b i e r, I find that which probably justifies his dismissal, at understanding which had doccu _ between . the _ao authorities at Canton. I will not ra c ct. o Td A N w the portion of the instructions to which but bottom of p. 117 in these papers—" To use the common Superintendent and the r nds of that misunderstanding, I entirely adhere are to be found in the third page in which applicable maxim, of `letting thatwhich • is well alone,' I shall carefully ' enter at length into the grounds House that it arose out of a there is that most solemn direction to the Superintend- avoid t all danger and risk of any change of a doubtful but will merely state. to the prejudices of the Chinese, ent to the utmost of his ability to protect British subjects. This I na nature in its prospective effects."— want of proper attention to the had they establishedrespect- (Hear, hear.) Now observe these words, " Not in all their commercial • conceive to be so decidedly hostile and to the regulations which. h females to the factory at Can- speculations, not in their trade in general without limitation, and opposite to the policy of her Majesty'sG 9 Government-- and ing the admission of British fh es lanade in front of that but in the peaceable prosecution of all lawful entwrprises (Loud cheers)—that an agent, even at Canton, declaring ton, and From the enlargement° t e p . that his maxim was to let well alone, n t quote this letter with the in which they may be engaged in China,"—( Loud cries of a urally altogether forfeited the confidence of factory by a few feet. I the matter of it " Hear, hear,)—and it then tells the Superintendent thather Majesty's Government.— greater confidencebecause I know that . (Hear, hear.) But, Ministers, and he is to observe all possible moderation, "cautiously to ab- Sir, Captain Elliot, upon his acces t deliberation to the was the subject of grea ; d the head of the Govern- stain from all unnecessary use of menacingalanguage, sion to office, immediately adopted the opposite course, I believe that it was submitted to his . and he proceeded to use his end , met with entire approval. At or f rom making any appeal for protection to our militaryendeavours to ive effect to silent at that period, and _ his instr u ctions. at the present time more or naval forces unless in any extreme Case. The most However, after the lapse of two ears, anent events it is a document which,Captain Elliot, being in the entire confidence y' House. Tlevident ' necessity shall require thatsuch ' of the le especially is well worthy the attention _Lord opposite, proceeded dispatch from the Board language should be holden, or that any such appeal Right Hon. Baronet then read a tions , and from that Superintendent at Canton, should be made ; and we do further comrnand and moment occurred irritation—hastiness of Directors to the British . on the one part , andthe in which the Board stated require you, in the general discharge of your duties, on other a constant state f dated the 13th January 1832, by = bulence. I had almost said that a s t o tur been sought as.such Superintendents, to abstain from and avoid all such sem of agitation pre that the trade to China bad originally ' h ityielded them - • ht veiled from that time. Captain Elliot themselves, and that the advantages which • bstanding the attempts which excite jealousy amongst the inhabitants of China ;" and with the Chinese authorities, and from that moment I think were great, and that, notwithstanding is to be dated belligerent policy, they were it goes on, "we do require you constantly to bear in a lr. . the origin of the present calamitous disputes. had been made to adopt a best to be pursued inmind,Elliot soon discovered that his and to impress, as occasion may offer, upon our sub. convinced that a pacific course was could powers over British and that they not ecter • • China, the dut f subjects were imperfect and • their intercourse svith the Chinese, ,, 3 esident in, or resorting to . y c conformin inoperative ; and he stated long as this expressly and repeatedly refuse t o Chi na w hat our own country claimed—the h. right to the laws and usages of the Chinese empire so as Sept. to the Noble Lord. On exclusively to regulate the grounds on which any any I , liter_ such laws shall be administered towards you and them with o t 26, 1837, Captain Lor Elliot writes thus—" I would in this place, m course would be permitted with other f e c . o t u h n a t t rie c s. hio They justice and good faith, and in thesam same manner in which e be lost a respectful but earnest hope teat no time y ma impressed on the Superintendent the China was the same are or shall be administered towards the subjects in the formation of adequate affairs • without the judicial and police institutions perfectly free to regulate her own persons They regretted that any foreign nations resident in or resorting to China.” „ s subjects this empire, and I have no hesitation ' tervention of any other pers . , , in ken place, and stated that Nowthe Government " assuring your Lordship that is • misunderst an ding should have taken place, the Provincialauthoritiesshould the most formal sanction to their operation. i nto an y discussion with the Chinese ferred in these instructions, as demonstrated by lously avoid entering than 2 00 ofor several months in the year there are not less Government except when a bsolutely necessary, 4 ane experience, and foretold by competent authority— Macao,,his Majesty's subjects at Canton, Whampoa, be carried that ins suc h a c ase the discussiion should that these two cardinal errors—that of the right and the immedi t a ely adjacent anchorages ; and on wi t h temper an d moderation, and closed at the to reside at Canton, and to correspondence, not with the b • • your Lordship is aware that, except in cases of earliest possible period. The Directors stated further Hong merchants, but with the Viceregal authority, have homicide, the Chinese Government do not interpose their d esire to correc t a dangerous notion, which was but never been corrected. My second allegation is, at all for the preservation of peace between them and too com mon w i t h t he merchants who inhabited Canton, that th e r e was a legal defect in the instructions, namely, their own people, or between his Majesty's subjects which was, that nothing was to he gained from the Chi- the attempt to convey a power which it was imagined themselves." Thus, Sir, we have repeated warnings from nese by attention to their laws, but that everything was to was dormant, but was proved to be extinct, had up to the the Duke of Wellington and from Captain Elliot of the be gained by their intimidation. You may, for a moment, present day never been remedied. My last charge is, that been given. And this did not arise from ignorance on the China at defiance, but not only do they take the able, and which directed the Superintendent to support part of the Noble Lord, for I beg leave to call attention to first moment to assert their dominion, hut may British subjects only in the peaceable exercise of national the following despatch : take also the first moment to deprive you of i rights and lawful trade, has not been carried into cacti- VISCOUNT PALMERSTON eo CAPT. ELLIOT. sonic advantage which either tacit l y or o p enl y you h , have !lion, and has not up to this moment been enforced by her og i " Foreign-office, Nov. 8, 1836. r,—l have observed that in your minute of the 15th CAPTAIN BLLIOT. " Choo the Prefect of Kwang Chow-Fso, and Hse, Commandant of the same department, jointly issue cAn mands to the English Superintendent, Elliot. On the 25th of December, 1838, they received from the Governor Kwangtung and Kwangsetang, the following official door ment. I received on Dec. 23, the subjoined Address from the English Superintendent Elliot (the Address of Dec. 29, inclosure 9, is here inserted). Tho said Superin tendent came, I find, to Canton, in obedience to commands received from his Sovereign, to exercise control over the merchants and seamen, to repress the depraved, and 10 extirpate evils. Having such commands given to him he ' must needs also have powers. —( Cheers.) It is very inexplicable, then, that these boats having in violation of the 4 law entered the river, he should now find it difficult to send 1 them out again, owing to his not having the confidence i❑ thus appears, Sir, that the Chinese themselves coved not understand that the Government would have alloyed a Superintendent to remain some years at Canton without furnishing him with the requisite powers.—(Cbeers. ) But now, Sir, I anticipate it mty be urged by the Noble Lord that he did make as application to Parliament in 1838 for an extension of powers, and the Hon. Member for Lambeth ( Mr. [lasses) will recollect the course he and I took upon that occasion. I resisted that Bill intro-- p duced by the Noble Lord.—( Hear, hear.) I know u taunt will be raised upon that, but what was tee abject of that Ma I cannot state it mora dis6netly than in the words of the Noble Lord himself, w'no sai d " the object of the Bill is to extend the powers now e 1 1••• isting to the trial of civil offences." Now, Sir, this argument is that the sixth clause of 'ate China Trade Act j gives her Majesty unlimited criminal and admiralty jur i3 . l I diction over her subjects at Canton, but gives uo jurisdiction, and I thought—and was supported by th'' Hon. Member for Lambeth, and by another Hon. Meru ber of great authority upon this question (Sir G. Steal' 1 ton), that it would be a gross hardship to extend the diction to actions of debt between the Chinese anr i a Bri tish, when I knew that the Chinese would take adaredlt a g c of it as plaintiffs, but would not submit to it as deAnd attt l '• e But, Sir I now come to every grave charge againstthe No t D ct Lord that of giving to the House a most unfair and impierieto I view of the question when he made this affirmation it Parliament. From what the Noble Lord then stated must have seemed that the most amicable understanding, , prevailed with the Chinese, when, at the same time, t c '• ' al .1 • I Noble Lord was in full possession of information a s to these serious and dangerous disputes with regar d to ti opium trade—( Hear, hear)—and it is now only that t question presents itself to Parliament in all its accamt lated and aggravated difficulties.—( Hear, hear.) 5 0 early as the 3d of Nov., 1834, full warning is given by 110 imperial edict upon the subject, and transmitted by Mr. Davis to Lord Palmerston, and the East India Coin pany, before they transferred their management of th e trade to her Majesty's authorities, left a v ea y e mphati c warning—" The time is fast arriving w h e n, under the system of non-interference, has been reared uP a piratical and lawless traffic, which it ° I.. incumbent upon us to put down, or th e ver y ex istenc e our legal trade may be in danger."—( Cheers.) A nd n ja o i 2 what was the answer of the Noble Lord ? At Pag we find the following ; " VISCOUNT PALNIERSTON TO CAPTAIN ELLIoT. " Foreign Office, July 22, 18r.36. " Sir--With reference to that part of red-, in i n of the 27th of December, 1835, inclosed Sir George Robinson's dispatch of the 18th Feb ruary last, in which, for the reasons therein stated , „ s . : Y. advise that the commander of the steamboat Jar al should be enjoined, in the King' authority, bY means to proceed up the river to Canton, I think it nece„ , in sary to recommend to you great caution, in interfering ts. such a manner with the undertakings of British mercha n In the present state of our relations with China, it is e 5 51 3,, cially incumbent upon you, while you do all that lie your power to avoid giving just cause of offence to coo Chinese authorities, to be at the same time very ea r ti , , $ not to assume a greater degree of a u th or ity over B rl subjects in China than that which you really possess. (Signed) " PALMERSTO'S',.; 1 ( Cheers from Lord Palmerston and some Waist' Members.) The Noble Lord cheers.__( Beef , 11e8 ) What was the power which the Superintendent ° Ese a g o r —( Hear, hear.) Why none at all--( Hear. h e ar) i t y the Noble Lord had conveyed none, although. t i l e nec ti cs , s . , for so doing had been pointed out ever since I . 833,---( il • - fd hear.) Now, Sir, I may be permitted to se y, with r e g f - o r of to the opium trade, that I believe there is T ire tty clear P . to that the Chinese Government connived at 'the traffic " er e a certain time—( Hear, hear)—when ;t lippears there 1 00 debates in the Chinese Cabinet as to whether the 010, should be totally prohibited, or have. only a heavy d at Y a dera posed upon it, and I ant not quite sure if t h e free 11. had not the best of the argament. —( 'Hear, hear, fr om 1090' Hume, and a laugh.) B ut it appeara that there are e o , a f divisions in China as well as herea—the prohibitionaee carried by a majority o f one, and strong edictsppword, passed, which were t ransm i tte d to the N o ble e ' d ) t he 'file despatch is to be f oun d at page 241, an d is dat take° 19th Nov., 1837, and s t ates several facts w hich had t ona l Place consequent upon th e change of policy of the 11aPb'e)en Government. It st a t e d th at " The native boats ha" c eon burned, and the native sniuggle•es scattered ; and tu rtl e p i e tc sequence, as it was for e s een it wou ld be, that a c ° w hole, and very hazardous change has been worked of in ti ; c upaa a r e t • i l manner of conducting the Canton portion Now when was this despatch received ? and I ei,,,i r l o d cularly to draw the attention of my Hon. r o i a ed on Member for Tamworth to this fact. It was re% of tle the 15th of May, 1838, so that it was in the ban" th e Noble Lord at the very time that we were discus April Chinese affairs ill this House. The despatch °I, In 03'; 20th, 1838, received Dec. 1, 1838, stated that _ bor ot course of the last two months the n c English boats employed in the illicit trail'nereaseci. tween Lintin and Canton has vastly ae on': and the deliveries of opium have frequently been_ Is and panied by conflict of fite-arms between those vel s i n ce the Government preventive craft. About a I ", ec w ithea t an unfortunate Chinese was executed i m mediat e l... o tenc e the walls of this town by strangulation; as the inscribed o v er hi m b ore, for traitorous i n tercou r c a ` silo r• foreigners, and t or smuggl i ng opium and gr`.'edeedlll The place of execution (quite unusual), an 'a _ d ote terms of the sentence plainly indicated that it 07a 1 :: % arop ic ,; mainly with a view to the intimidation and for a t a bjee to the foreigners." So that, we see, the . S: M a j e sty, brought constantly under the attention of -her 3 to 1 53.. Government by a series of despatches from. - Is p 3 Gove rn' On the 18th of April, 1839, her Majc!AY f r om Car meat received a further communication 3 27 .1 tain Elliot, which will be found at P a g e o rigin t 'a, " It had been clear to me, my Lord, froan tlie roust ger , this peculiar branch of the opium traffic, that the triol tt .. more and more mischievous to every branch cl io , its and certainly to none more than to that a Ificreaseki; As the danger and the shame of its pursuit s i n to t v jo ,, was obvious that it would fall by rapid deg rees it We!' hands of more and more desperate men—' aar avati, c f stain the foreign character with constantly .6 1 7 ,f t disgrace in the sight of the whole better tortelif" m ore g' , ll people ; and, lastly, that it would connect more intimately with our lawful commercial interest; f to the great peril of vast public and pri p v e I vjara mgs e t , And in the dispatch, at page 3- 97, t a _ a a distdit i Captain Elliot become more clear alt" wh i e b and the representations and warnings forctu l `, made were as clear, as distinct, and a g t Noo, as it was possible to be made to any —ove a rrntealiln• Flllet were any additional instructions sent to Cap s __ n f e rre' , Nothing like it. Were any additional power :f or , ex upon him ? Nothing of the sort. Were the iie we ercised by Captain Elliot, and which he tbouff r i c v already invested with, approved of ? Quite ti c u . . ra i n t Captain Elliot had made a vigorous effort " r arried ()e • opium trade in the mode in which it was then e 0 and, as I have already stated, had endeavoured t o this this purpose by the establishment of a police. ' wbo , io • side meet with the approval of the Noble Le r La d Juli U e v t h patch, rebuked Captain Eliot for what " and told him he had no power to do as he had the concurrence of the Chinese authorities. r e ssion Noble Lord did not give any power for the sui y. s _ ode , . e this traffic?, did he eive any intimation to the Briii b trade t to th cc. • to exercise great(4 caution, or to show more respec t s so . eg o Chinese authorities ? All diet the Noble Lord oi..tTuter EVEN 1N G EDITION. - - LUDLOWELECTIONCOMMITTEE The Committee met again yest_ ......._—_ erday at eleven o'clock, when Mr. COCKBURN opened his case against the Clive interest. He said he would be enabled to prove a case 0 trea ting, such as had never yet come under the cognizance of any Commit tee. He would be enabled to prove one of the grossest and worst eases of corruption which had ever been inquired into. Of course his first duty would be to prove the agency of those parties whose conduct he would impeach. First of all he would prove that Mr. William Holmes, a well-knovrn character, was the prime agent and mover of all the corruption which took place at the late election for Ludlovr. H o e would show him Committee re siding at Denham House—presiding er of the election— g general formed there for the p ur p oses gieie orders respecting it, and in constant communication with Mr. H. Clive, the candidate. He would have little difficulty also in proving the agency of Dancy, Frail and Revis, all of whom were deeply engaged in the corrupt practices which had been so plentiful at the late election—the names of Williams and Lloyd would also be frequently brought before the Committee in con nection with these cases. His Learned Friend had had much difficulty in proving any case of treating, and bringing it home to any agent of Mr. Alcock. He (Mr. C.) would have no difficulty at all in proving the grossest case of wholesale treat ing carried on, not secretly, but openly. Voters were not invited privately to go to So-and-so, and they would get spirits ( or ale. No, they were invited by placards posted throughout the town, inviting the voters to such an inn one night, and another, another night. He would prove that those meetings were presided over by one of Mr. Clive's agents—that they , made electioneering speeches—that Mr. Clive very frequently attended—and that the voters paid nothing for the liquor which 1 had been consumed. His next proof would be of bribery ; i and although at all times it was very difficult to g et at cases of 1 bribery, if his instructions were correct he wo uld have no &fa culty in proving clearly and distinctly many c ases of extensive bribery. It appeared that a Mr. Revis formerly resided in iLudlow. He was a stationer, and a clever man, who wrote a good many articles in the local newspapers. He for some time had gone to reside in Shrewsbury. When the election eame about, having been formerly an active agent, he was sent for by a person named Frail ; but before coming over to Ludlow, there was a little piece of cor iruption to be done in Shrewsbury. Orders to do which had been brought over b y Frail. There was a person Inamed Richard Cook, who was in gaol in Shrewsbury for i a debt of 481. He had formerly been a very busy messenger 1 in the Clive interest, and a voter also, and Frail and Revis, before going to Ludlow, paid the debt and took him along with them. They went over, and Revis went to Denham House, 1 where he met the Committee presided over by Mr. William i Holmes. That gentleman took Revie out, and said he was l wanted for the very important purpose of writing squibs against Mr. Alcoa. lie said a gentleman much more fit for so im portant a duty was to be in Shrewsbury next morning, viz., Dr. \ Macginu. He was despatched over to fetch the Dr., but he had nut kept his promise, and Mr. Revis returned to Denham Ilouse. He had several conversations with Mr. Holmes, who said that the eleotion was to be gained, if money could do so. He wa s shown abet of voters, with brackets against several names , and I the name of other persons against them. His own was against I several, and he was informed that it was considered that he had Isome influence over those persons, and lie was to use every en deavour t, get jthem, at whatever expense. The Learned 1 Gentleman then detailed several cases of gross bribery, of i which the following is a sample :—There was a miller in Lud ;law, named Bartlett ; one of the gentlemen who, he could ' prove, acted as an agent for Mr. Clive. west to him , and put the very pertinent inquiry—." How much money it took to set up a miller comfortably ? " The miller said it required 1 a good deal. The agent then asked if 701. would do ihim any good? He said it would. The agent then I plainly said --" That sum shall yours if yo u vote fur 111 r. Clive." Bartlett had always been a voter on the other side, alid thought he might do his party good some other way than i.y voting for them; he therefore waited upon Mr. Alice,k's Committee and informed them of all the circurn ! stain cc. He was instructed to go on. lie accordingly pro , wised his vote, and before the election he waited upon the agent of 11r. Clive. He was told to send his wife ; she went, and received 10/. in three 51. notes, with 35/. in sovereign wrapped in a brown paper ; the remainder of the money was to ibe paid after the vote hadbeen given. That money and that brown • papvv would be produced before the Committee. There was an -1 t, other ease, wherein the attempt at b riber y totall y failed. The sleet ion was near a close, and a Mr. W ad e e we believe), a voter on the Liberal side, bad not yet tendered his vote ; it was theranre thought he might be bought over, and he was v:aited even by Mr. V.evis, by order of Mr. W. Holms, and 5001 WitS tqfklytt to his vote ; it was to be born e e in mind that the • '-ii depended almost upon a single ote, and that Mr. an adverse voter—that :ccounted for the immense red to that gentleman ; it was, however, steadily re at :;otli criminally and morally the party were equally .' 'dr. Wade hail fallen before the temptation. Theme ~, was called adducing :. en tit ii or tlirce miles out , -end kept there for severs on the fat of the land, and, in 4: the r usual oeverage of beer, or gin and water, 'ously every day upon champagne. But olle was even mere kindly treated and highly was taken to Walcot House. the seat of Lord ali‘i there he was feasted until the day of okr a inciter of course, he voted in the 'Clive in , he would hare proved one of .on that had been seen even in these st take the consequences of the acts of whose hands he had placed himself. lie Tatle v br t: luv: to au Ira] t.L11111;t tiV :Nit)! 111 proved these fac i ease atl,l ( and those this IMPERIAL PARLIAMENT. HOUSE OF LORDS, APRIL 7. Their Lordships met at the usual hour. Petitions against the repeal of the Corn-laws, from various places in England and Scotland, were presented by Lord Lovelace, the Earl of Winchilsea, and the Earl of Aberdeen. The Marquis of WESTMINSTER presented several petitions from the West Riding of Yorkshire is favour of an alteration in the Corn-laws. IRISH CORPORATION REFORM. The Marquis of LONDONDERRY presented a pe tition from the Corporation of Londonderry against the Irish Corporation Reform Bill. This pe tition was sealed with the seal of the Corpo ration, so that althoug h the petition whi he ch had presented on a former night was only the petition of the Mayor and Sheriffs in their own individual character, his Noble Friend opposite was deceived by his Radical friends when he was told that the corporation of London derry were in favour of the Bill. The Earl of WINCHIL SE A presented a similar peti tion from the corporation of Dublin. The Marquis of WE STMEATH presented a similar petition signed by 73,000 inhabitants of Dublin. The pe titioners stated that the Bill was a confiscation not only with respect to present property, but property to accrue, because it gave a power of taxation upon property of five times the amount of the property in the city of Dublin. The measure was one among the many that had been brought forward by the Government for the purpose of ur.- Protestantizing Ireland, and to take the property from the Pretestants of Ireland to give it to the Roman Catholics, who coveted it. He did not believe that it was competent for her Majesty, consistent with her Coronation Oath, to give her assent to the Protestant Confiscation Bill. He should like to know from the Noble Viscount what impeachment he could bring against the Corporation of Dublin, that they should be subject to this wholesale confiscation. According to the present Bill, there was no necessity for any qualification for magistrates, and they might be taken from the very dregs of society for any thing that was con tained in that Bill. Their Lordships were asked hood winked to confiscate the property of the Protestants of Ireland. He could not believe that in that Protestant House such a measure would ever be allowed to pass. Did ber Majesty's Ministers think because they were forced by one who ought never to have been in the House of Com mons, to do that which their better reason would shun, that therefore they would force that House to give their assent to the Bill ? Unless the Noble Marquis opposite was im peached for what he had done in Ireland, and lost his head, Lords Derwentwater, Balmerino, and Ratcliffe were murdered men.—( Laughter.) The Noble Marquis con cluded by expressing a hope that their Lor dshi p s would not pass the Bill. The Marquis of HE A DFORT, n otwithstanding what had been said by the Noble Marquis against the Roman Catholics of Ireland, believed that they would stand up to a man in support of her present Majesty and her Crown, if necessity required it, as they were thankful for the tran quillity which Ireland at present enjoyed. The Marquis of NV ESTMEATH said he did not speak against the Roman Catholics of Ireland, but against the demagogues that were in that country. He believed the Irish Catholics would be angels if it were not for the demagogues that were there. Lord WYNFO RD presented petitions from Cork, against the Irish Municipal Bill. The Duke of BUCC LEUC /I presented petitions from different parts of Scotland against the intrusion of Ministers. The Marquis of LONDON DERRY presented peti tions against the Irish Nlunieipal Bill. The Bishop et LONDON presented a petition from Leeds against the trade in opium, end a similar petition from Worcester. Lord GLk NG ALL presented a petition from Cashel against the Irish Municipal Bill. The Noble Earl wished ro know whether it was the intention of the Noble Viscounr to move the second reading of the Bill on Friday? Viscount MEL BOURNE said if they were to go into Committee on the other Bill it would be impossible to EVENING EDITION• of October, 1835, relative to the case of Mr. Simes, you express en opinion that the power gi,ei= by the Act 26th George 111., cap. 57, sec. 35, to the supercargoes of the East India Company to arrest and send to England persons resident at Canton, may now be lawfully exercised by the Superintendent of British trade in China, by virtue of the Order in Council of the 9th December, 1533, which transfers to the Superinten dent all the powers and authorities which were by law vested in the Supercargoes, at the date of the termination of the exclusive rights of the East India Company. As a misconception on this point might give rise to much ern harassment, both to his Majesty's Government and to the Superintendents personally, I have to state to you for your guidance, that the clause of the Act of 26 Geo. 111., upon which you rest your opinion, was repealed by the 146th clause of the Act 33 Geo. 111 , c. 52, and further that the only power exercised by the supercargoes was that of re moving unlicensed persons. But as no license from his Majesty is now necessary to enable his Majesty's subject; to trade with or reside in China, such power of expulsion has altogether ceased to exist with respect to China. " I am, &c., " PALMERSTON." After this Captain Elliot, in his honest desire to check practiaes incompatible with the British interests in China, framed regulations for the maintenance of a police in the inner waters of a Canton—he acts upon them--he sends them home to the Noble Lord, and this is the answer of the Noble Lord at pages 317 and 318 : " VISCOUNT PALMERSTON TO CAPTAIN ELLIOT. " Foreign-office, March 23, 1839 : " Sir—Your despatch of the 18th of April last, relating to certain regulations which you had thought it advisable to establish with a view of controlling the conduct of the crews of British merchant vessels trading with Canton, has been submitted to her Majesty's law officers, with a re quest that they would take the same into consideration and report their opinion, whether those regulations are in any sway at variance with the laws of England, or inconsistent with the territorial rights of China. The law officers have accordingly reported that the regulations in question are not in any way at variance with the laws of England, provided that they be duly made and issued by her Ma jesty, according to the Act 3 and 4 Wm. IV, c. 93, s. 6, but that you have no power of your own authority to make any such regulations. With respect to the territorial rights of China the law officers are of opinion that the regula tions, amounting in fact to the establishment of a system of police at Whampoa, within the dominiona of the Em peror of China, would be an interference with the abso lute right of sovereignty enjoyed by independent States, which can only be justified by a positive treaty, or implied permission from usage." And then the Noble Lord gives Captain Elliot an instruc tion which the Noble Lord must have known would be im possible to execute, " to obtain the written consent of the Governor of Canton." Now it is extraordinary that the Noble Lord has produced evidence himself from the Chi nese of the annoyance they experienced from the absence of the powers in question. At page 344 the House w',ll read ax follows: THE PREFECT AND COMMANDANT OF CANTON JOINTLY TO