The Sun.
London, England, 1839-05-04 00:00:00

stated in the other House of Parliament that it was, I any effect upon them.—(Cheers.) They have followed I
beyond all doubt, that the Colonial Legislature I the forms, but they have studiously avoided the substance
had not carried into effect the system which they ought to of the directions of the Imperial Legislature. —(Cheers.)
have done, in obedience to Parliament, and the result was The Hon. Member for Kilkenny referred to varicers
that their Lordships were under the necessity of giving papers—to Bills that were sent to the House of
their assent to a Bill in order to compel them to do so. Assembly—and to Orders in Council that were
Such were the opinions of that Noble Duke, and. such transmitted to them, in order to form the basis of their
were the opinions entertained universally by both Houses measures. But the Assembly have, it appears from these
of Parliament ; and yet after that the Right Hon. Baronet authorities, al ways endeavoured, as before), to frame rnea-
objects to the further progress of that Bill. I will now sures according to the shadow, but avoiding the substance
read an extract from the despatch of Lord Glenelg, of the wishes and recommendations of the Imperial Le-
in which that Noble Lord says, " I cannot dismiss gislature. Is the course proposed by the Right Hon. Ba-
from my consideration the case now before me, ronet consistent with the resolution of the House last year?
without stating that it has not been from any want of at- Is it a proper course, in this, which is not a party question,
tention on the part of the Government, or any efforts on but in which the interests of all are ihvolved—a course
its behalf, that no alteration of the law had taken place; that would aggravate hostile feelings—that would increase
and in my despatch of the 29th August, 1835, I desired irritation, by continuing the Assembly—that would perpe.
that the Assembly should be reminded of the pressing tuate those bad laws respecting vagrancy, which were en-
importance of some measure being introduced upan the acted under the reigns of George 11. and George 111. ?
subject." (The Right Hon. Baronet then referred to a Could any satisfactory result issue from that course? .
communication from Lord Glenelg, of the 15th November, lam aware that it has been stated as an argument against
1837, which related to a statement that accusations had this Bill that a similar course may be uurtued with regard
been made against the Assembly.) It was, therefore, to the colonies. Ido net believe that any oiler colony
stated by the Duke of Wellington, by Sir Edward has acted in opposition to the wishes of the Legislature to
Sugden, by Lord Glenelg, that there was necessity anything like the extent that Jamaica has done—Jamaica,
for the Imperial Legislation to interfere, and al- which ought to have set the example of obedience to the
though several of the colonies claimed exemption wishes of the Imperial Legislature—Jamaica, which bad
from the law, that exemption was not allowed in conse- been the first to pass a legislative enactment fer the abo-
queuce of the statements of the Noble Person to whom I lition of slavery, which had been denominated adequate and
have referred. It was then stated by the Right Hon. satisfactory_.which had consequently been the first to re-
Baronet that the course pursued by Sir Lionel Smith ceive the compensation money—but which, from the me-
towards the House of Assembly had been the great cause ment that money had been received, had been the last to
of the disturbances that had taken place there. I say adopt any measures rendered necessary by the altered state
that it was attributable to no such cause, and that the of society.--(Cheers.) Is the House prepared to state
assertions of the Right Hon. Baronet in that respect are that there exists no necessity at the present moment for
not borne out by the correspondence before the House. more active legislative measures than those proposed by the
From that correspondence it appeared that Sir Lionel Right lion. Bart. ? I should be glad to hear one who could
Smith had told the Assembly of Jamaica that the appren- assert that he could point out measures calculated to meet
ticeship system having been abolished in other colonies, it this emergency. I feel convinced that nothing short of
was impossible that it should be kept up in Jamaica. the present Bill is calculated to meet this emergency„,.
It was impossible to shut out from the negroes what was (Cheers)—and I found rtsy reasons for the necessity of flare
occurring in the other colonies. It was impossible to shut measure on the conduct pursued by the House of Assembly
out from them what had been done in their favour by the of Jamaica in 1833, on the conduct pursued by them
great body of the people of this country, and they were again in 1836, and on the whole course of conduct pure only discharging their duty faithfully by the Crown point- sued and the determination manifested by the Legislature
ing out to the Legislature of Jamaica the impossibility of of Jamaica from the year 1833 to the present moment, and
maintaining the apprenticeship with any hopes of success. I ask if it is possible, considering all these circumstances,
The language used by Sir Lionel Smith on that occasion that any Gentleman can believe that the House of Assem-"
was only a repetition of what been said by the Noble Lord bly will, if the course proposed by the Right Hon. Ge.n.
the Member for Lincolnshire in 1833, when opposing a tleman be adopted, repent them of their bad courses, and
proposition brought forward by Lord Ashburton, then pursue a better line of conduct, become truly and properly
Member for Essex. The Noble Lord stated that it would penitent, and cease to do evil, and learn to do well, and
be better to try the system on one of the small discharge faithfully those duties which:devolve on the colo-
colonies before they introduced it into a large colony nial legislature._( Cheers.) It therefore becomes the
like Jamaica, and he added that it was impossible to intro- duty of the Government to find an adequate remedy
duce freedom into the small islands, and continue slavery for the existing evils, and I am of opinion
in Jamaica. In that declaration I fully concur. What that no plan short of the one proposed could
did the House of Assembly of Jamaica say in their Address by any possibility be attended with advantage. I
to the Crown ? They humbly declared to her Majesty cannot avoid noticing the total inapplicability of the speech
that in consequence of an Act which had recently been of the Right Hon. Baronet in that part of it in which he
passed by the Parliament of Great Britain and Ireland, quoted the opinion of Burke. relative to the interference of
wherein they were noways represented, they had been con. the Imperial Parliament with the American colonies. Tho
strained to abandon the apprenticeship system, and grant Houses of these colonies were really popular representative a
unqualified freedom to the negroes. Sir, I admit, with:the Assemblies, but such is not the case with regard to Jamaica.
Right lion. Baronet, thatthey passed the Emancipation Act, The House of Assembly of that colony is the least popular
not through fear but from an irreconcilable aversion to the of any House of Represeintatives, representing as it does
stringent restrictions of the Apprenticeship Act, and they only a small fraction of the population ; but I trust that
considered that subject to these restrictions the apprentice- at the expiration of this Act the Assembly of that Island
ship was not worth having.--( Cheers.) In order to put an will be found to be a really popular Assembly, fitted for the
end to that super-legislation, they abolished theapprentice- discharge of those important duties which will devolve
ship, and they did it avowedly on the ground that Parlia- upon them, fitted for maintaining peace between conflict-
ment would not farther interfere with them, but leave them ing races, one struggling for the maintenance of the .
to make such laws as they thought themselves justified in ancient laws, and the other struggling for the ac-
making, although it was admitted on all hands that they quisition of their natural rights.—( Hear.) It is ne-
did not represent the great body of the people, but consti- eessary that arrangements should be made for the
toted, as the Hon. Member for Liskeard said, a very small purpose of averting dangers which may be fatal to
oligarchy, and one of the worst possible description. Sir, the colony, for securing to it uninterrupted peace and hap.
the terms of the protest accompanying that address have piness. It will be the duty of ths Government to provide
been alluded to, and they have been frequently stilt- fur this emergency during the short period which it is Liao.
matized on all hands as indecorous and conceived posed to suspend the existiug Constitution, which is not
in the worst possible spirit which could influence a a popular Representation, but the Representation of a
Legislature against whom such serious charges hadbeen mit ute fraction of the people, and when the Assembly shall
made. It is important to bear in mind the language used resume its functions under more auspicous circumstances,
in that protest, not that I would call upon the House to far from those heats and animosities which are not likely
legislate upon language used in moments of irritation, but, to be softened at present, I trust that they will enact
in consequence of the spirit by which the Assembly was measures more calculated to ensure substantial justice than
actuated, it is most important to weigh deliberately what they have hitherto done.--( Loud cheering, which drowned
that spirit is. I confess, Sir, that I scarcely understand in the conclusion of the sentence.) I had intended to justify
what way the Right Hon. Baronet's proposition can be the conduct of the Government with regard to the Prisons
effectual. We have before us a resolution that the atten- Act, but the Right Hon.*Baronet did not make that a
tion of the House has been directed to the state of the subject of attack on the Government. I under-
negro population upon the expiration of the apprenticeship stood him to admit that our conduct, respecting that
system, and that resolution admits that the condition of the measure, was not worthy of censure.—(Loud cheers)--
negro population requires the care and superintendence therefore Ido not feel called upon to say anything more
of this House. Against that resolution the House of As- on that head.—( Cries of "Go on.") The Hon. Mem-
sembly remonstrated in language the most improper and her for Kilkenny has not said anything respecting that
unjustifiable. To that remonstrance the Right Hon. Baronet question, any more than the Right Hon. Baronet.—( Sir
proposes to return an answer that, hazing passed such G. Grey here paused—cries of "Go on.") The Hon.
a resolution of this House in order to get over the Member for Wigan and the Hon. Member for Liskeard
temporary difficulty, he is content that the resolution should subsequently addressed the House, and when the Hon.
remain at present a dead letter on our books.—( Hear, Member for Liskeard sat down, several Hon. Members rose
hear.) Notwithstanding the pledge this House has given on this side of the House—some of them perhaps opponents
'to the emancipated population of Jamaica, we are still to of the Bill ; but as the House seemed anxious that I should
leave them subject to the oppressive and partial code which speak, I rose thus early in the debate. I understand that no
for so many years has existed in Jamaica, and we are not attack has been on the conduct pursued by the Govern-
to interpose our authority in any way to secure to that po- ment with respect to the Prison Bill.—( Hear
, hear, and
tulation those
them. rights
Siwhich
should we solemnlyknow in what way Act,
se-
this plan will be effectual ; if I understand the Right Hon. veral accusations had been made by Lord Sligo against
Baronet's proposition rightly, it is, that the Assembly, the House of, Assembly on account
of their reluctance to
having objected to the Prison Bill—having demanded the legislate for the reformation of the abuses of the prison
suspension or repeal of that Bill—having abolished the ap- system ; about this time the representations of Mr. Sturge
prenticeship, it proposes, in the first place, seeing the were laid before the public, and it was deemed advisable
state of irritation in which the House of Assembly were to send out Captain Pringle, and although that gentle-
when they drew up their protest, to put a sdistinet negative man did not witness the horrors described by Mr. Sturge,
upon it. He next says that lie is prepared to assert the which it we; very unlikely, under the circumstances, that
right and authority of Parliament to interfere he would do, yet he reported such a state of things as
for the protection of the emancipated population. He next demanded immediate legislative interference to supply a
proposes to afford them an opportunity of repeating the of. remedy, and in consequence of the repeated failure
fence of which we complain, by restoring the constitu- of attempts to induce the local government no
tion and privileges of the House of Assembly, and he next. pass the necessary enactments, it became necess*y
proposes to accompany this with a message, the terms of for Imperial Legislature to make the necessary alterations.
which he did not state to the House, with a distinct threat I will just read to the House one extract from Captain
that if they did not rescind the resolution which they had
now deliberately recorded and transmitted to this countr Pringle's Report. (The Right Honourable Baronet
—if they did not recede from that resolution he was
Y then read an extract describing the horrible state
prepared to concur in passing a measure which would de- le f the gaols of Jamaica, which were frequently
any suerintendence.)
prive the House of Assembly for a time of its legal func-
ft for days together without
tions. Sir, I think it is probable, looking at the state of I need nut trouble the House with any more of the barba-
rities committed in the Houses of Correction in Jamaica—
irritation in which the Assembly was when it framed that
protest—is it likely that the co they are admitted. It is admitted that nothing could be
conciliatory course proposed more disgraceful than the prisons in Jamaica. Lookiqg
by the Right Honourable Baronet will convert the
hostile attitude in which it has placed itself, into at the total failure of every measure upon the subject ofa willing and cordial co-operation in measures which
prisons
which was sent to the Assembly—not suggesting a
new Prison Bill, but merely an amendment of the old
it is admitted on all hands are necessary, in order to one—Lord Glenelg pressingly pointed out various amend-
secure the rights, not alone of the negroes, but of the merits which were imperatively necessary in order to Ye-
landed proprietors of Jamaica-- ( Loud cheers.) In a
despatch, dated the 15th of December, 1838, from Lord medy the
must say not graciously, but in the most
n fused
abuses which existed. The remedy was re-
- e
Gle elg to the Governor of Jamaica, it was distinctly
stated thst the abolition of the apprenticeship at an earlier ungracious manner, all remedy of abuses was refused—not
one proposition would they listen to. The Government
period had rendered the enactment of new laws a sub- leaving received '
. the Report of Captain Pringle in July,
jest of immediate and urgent importance—allusion was lost not a dey in submitting to Parliament a Bill to carry
made in that despatch to the omission during four out a better system of imprisonment ; it was a remedy we
years of any attempt to pass these laws, and allusion the assembly of Jamaica;nt
was also made to the recommendation of the Committee had frequently demanded fro
of 1836. It it was always refused, and the Government felt themselves
was also regretted in that dispatch that so
bound to attempt to put an end to the tyranny andelti
much time had been so unhappily spent in the unfortunate
exercised in the Houses of Correction in Jamaica.ca est
I
dissensions between the Government and the Colonial Le-
gislature. It pointed out the defects in the law that had was said, whether truly or not I do not know, that Bill
been passed an `vas introduced on the very day we received income-
c itpointed out new laws to be framed in a spirit tion of the House of Assembly having passed the Bill
alculated to meet the new state of societ yin the colony.— for Abolishing the Apprenticeship. Such a coincidence
Did the House of Assembly act upon that recommenda- may have happened, but the two circumstances bad no
tier,? By no means. Their efforts were directed to keep other connection with one another. It is well known
the power they previously had still in their hands at the that the Assembly passed that Bill not out of aspirit of
sp
expiration of the apprenticeship, and their first measure justice or mercy, but in order to escape from the neccs-
was to increase the franchise from 101. to 301. Next when
, sary severe restrictions of the Emancipation Amend-
that Act was disallowed, as it could not fail to be, tney went Bill.—(Cheers.) The Right Hon. Baronet com-
increased the franchise from 101. currency to 101. sterling, plains of the manner in which the Prison Bill was corn-
being an addition of one. third, and that also was disallowed, municated ; but he must have forgot that the Assembly
their legislation being pronounced oppressive and defective. was not in session, except for one day, when they
—( Hear, hear, hear.) At the close of 1837, Lord recived the speech, and I know no instance where a
Glenclg addressed a circular to the Government of Bill of any kind was ever communicated in the speech—
the West India Colonies, requesting information as to it was always done by address, and so it was in Barba-
what laws it was desirable should be repealed, or enacted, does. The Assembly was in Session at the ttme---
or modified, in order to meet the change of the condition it was communicated by address, and the Assembly
of the negro population from compulsory to free labours honestly and heartily, nay, cordially passed an Act making
The answers received were defective, yet they enabled his
Lordship to come to some the Bill much better than the one we passed.—( Cheers.)
general conclusions. They Compare this conduct with the Assembly of Jamaica, and
showed that the old slave-laws materially influenced the
new state of society—that many enactments must be mo- the result is greatly in favour of the Assembly of Barba. dified or entirely changed ; and that those laws which worked does. Barbadoes, too, did not receive her part of the
very well during the existence of slavery were no longer money voted for the abolition of slavery till long after she
compatible with the state of society. Sir,'are not these pa-
had complied with much more severe measures for carry-
ramount objects for consideration ? Ought not those laws_
ing out the Emancipation Act than Jamaica,
through the
be repealed which produce heartburnings and ill feelings kindness of my Noble Friend, had to do.—( Hear.),
The Right lion. Baronet says if this was a general men-
and a stagnation in the commercial affairs of the colonies ?
sure, he could then have understood it.. But we have no
And should these not be passed nstead equitabile laws to
reason to suppose there will ba anything like contumacious
rule in a fair spirit for the entire population, not only
for the negro population, but for the interests of the pro-
opposition to those laws in the other colonies. In Jamaica
prietors themselves ?—(Cheers.) I ask whether the
there has been a distinct refusal, accompanied with a feel-
ing and a spirit for a series of years, which I confess gives
amendment of the Right Hon. Baronet touched in the
me no reasonable hope that we should overcome that op.
slightest degree those paramount objects?—(Cheers.)
The sentiments of the Right Hon. Baronet have been position, or that they would accede to the wishes of the
contradicted by a petition signed by 500 persons, accord-
British Parliament. I hope the House will seriously
ing to the Hon. Member for Kidderminster. But in
consider the results and the effects of the vote they may
three petitions presented to the House, the average numbers come to on the present occasion. The Right Hon. Bart.
were, according to Mr. Burge, the agent for Jamaica, 257 to may be desirous of rallying his forces after his recent
each petition.—( Hear, hear.) But these petitions seem deleat.—(Loud cheers and laughter.) The Right Hon.
to dissipate the pleasing delusions of the Right Hon, Ba-
Bart. may have hoped that under the guise of respect for
ronet. The resolutions of the meeting of the proprietors,
constitutional privileges and representative Government,
of the 24th ult., adhering to the resolutions of the 12th of
April, stated that if the present Prison Act were suspended
quoting
f the authority of Burke as aulicable to a whollyovernment,
different state of things—he may think he will get votes
no doubt the House of Assembly would proceed to login- from our ranks, and by diminishing our majority swell his
lisle on the principle that all the people of Jamaica are own recent minority; but I ask the House to discourage
free, and entitled to all the benefits derivable under the
British Constitution.—(Cheers.) I believe, therefore,
any
such attempts to make the interests of cur colonies,
and especially the interests of the emancipated population,
the House of Assembly would, as their agent, Mr. Burge, that have a peculiar claim on our protection-1 hope they
will discourage any attempt to make their interests sub-
who no doubt speaks their sentiments, has told, refuse to
servient to party purposes.—(Cheers from both sides of
proceeds to legislate if we adhere to the Prison Act ; and
thus they would oppose the proposition of the Right Hon. Ba-
the House.) I hope, Sir, they will look at this question
ronet. I do not think that if the advice of the Right Hon. Ba-
with reference- to their own merits. —( Continued cheering. )
If this House really believe that the plan proposed by time
ronet were followed the result would be to keep the House
Right Hon. Baronet would be the best with the Or a)
of Assembly longer in abeyance; but, looking at the
which he proposed to hold over them, that if they adhere
spirit framed by the documents I have referred to 1 believe
present
e to the resolution he will be a concurrent party in
they would not show any feeling to co-operate with tne
1840 to a measure of the kind now proposed—l say if the
Imperial Government, but that, on the contrary, they
would resort to every defence possible, and try to place
house really thinks that course of proceeding is calculated
to convert the House of Assembly into willing agents of
themselves in that position which would just not compel
..
this House to resort to that Bill now before us.--( Cheers.)
tecarrriiiinngenerous feeling, and I will add, the de-
n eg out the d
resolution, of the people of this country, that the
They would not vindicate the rights of the negro popula-
negro
population should be governed under fair
tion, nor would they relieve Parliament from the necessityanuimartial law., and be relieved from those
of interfering. The Right' Honorable Baronet proceeded
p laws which- grind them down —( Hear, hear)--
on the great authority of ;ch. Canning; but what was the
oppressivetheyfbelieve that such will be the result, and that when
result of Mr. Canning's experience? Mr. Canning,
I meet next year, the Governor, adopting the course pro- .
arguing against Mr. Buxton, contended that a locus peni-
we
1 by the Government, would really have the pleasing
tentice should be Id: open to the planters, and he took pose f
that course which the Right Hon. Baronet now recom- dutyldo layingjustly entitle them to their mede of approbation,
mends to us. The words of Mr. Canning and his disap- would
they ymay follow the course proposed by the Hon.
then
pointment were referred to by his Noble Friend oppo-
site (Lord Stanley), in 1833 The Noble Lord .
Baronet; but, if on the other hand, they think that that
stated then that Mr. Canning was dissatisfied is
hopeless—if they are enabled to indulge in any such
with the manner in which the planters were spoken of in Pleasing
illunAlycts which imperatively require to be form the outline of a shadow of
1823 and 1824. He would not adopt a harsh tone, norvi'.
those
would he call upon Parliament to adopt such measures as some delusions—if they think the Assembly of
Jamaica
o of
carried into effect for working out the principles of the
would bring the contumacious spirit of the Colonial Legis-
EmanciPation Act—if they think we shall only by so dois• g
latures to the test. He begged that the colonists should
enter into a course of " polemical legislation," and 4 all
have time to re-consider their refusal, and to call to mind
the results of their interposition between the Parliament
only continue those evils that retard the prosperity a li-
and the people. This, added the Noble Lord, was in melee, then I ask the House to adopt the only a.de quiets
1826. I now, said he, come before the House in 1833,
remedy for those evils by passing the Bill now on '47 e table.
and I remind you that up to this time neither friendly ex: --(Loud cheers.)
Mr. postulation nor the remonstrances of authority have had
On the motion of
ext MACLEAN, the di'
journed to Monday n .

• Wil.ENI0•••••1