The Sun.
London, England, 1839-04-10 00:00:00

EVEN ING EDITION.

t•ou1:1 be different from that which it now pre-
s'early the whole of the dilemma in which they
:ved might have been avoided by prudent
eondac'.—(Hear, hear.) Whilst he waived
t.ifr, details, he begged the Right Hon. Gentle-
► to give to the subject to which he was now pointing
ecatilersCon. The House of Assembly
.(1 a certain condition as essential to the resump-
heir functions, and the question was, what was
iton ? Was that the repeal of the Prison Law ?
Lear) The proposal before the House was
their icgiilative functions, and in order to do
must have some definite issue before the
i knew whit they demanded as the condition
r their legislative functions. Now they had
1,-1 the repeal of the Prison Act, and unless
Geutlemea could show they had, the case
,t La twat erially altered.—( Hear, bear.)
GODSON protested agaitast the conclusion of
6t lion. Baronet, the Member for Davenport,
of the Bill was to be considered as
by arowing it to be laid on the table. The
nl,er, the Under Secretary for the Colonies,
th,f.t the House should be called on to sus-

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pend tne corest;tution of the Co'.nny, and he sympa-
with the Government that could he put in such a
n ; but the fault lay with the Government, and
7,6 the Assembly of Jamaica.—(Hear, hear.)
p ',sing of the Prison Act, the Assembly
en li.cneised with the understanding that they had
ilerything required by the Government, but two
after the. accounts had been received here,
was hrought into the House of Lords, and
dud on the `26th July it was read a
House, and passed the third reading on
kugest.—( Hear, hear.) Had Hon. Gen-
e,:evidered the effect of suspending the constitu-
Lineica for five years ? Who was to raise the
Wei the Governor and the twelve Legisla-
encillors appointed by himself, and three more
ed by the Government at borne, to tax the
unity to the amount of half a million ?—( Hear.)
Vas that the no‘ition is which the Government would
laee the island of Jamaica. and would they be sup-
(!yer.eil in to doing by the Liberal Members of the House ?
Ulm Assembly of Jamaica bad acted in perfectly good
And'we:re willing to prepare an Act with respect
0 the reputation of prisons. He felt bound to depre-
eate the course pursued by the Government with respe-ct
ei! the measures relative to Jamaica. It was easy
reremeet to pass Bills for the internal regn-
ant iien if they brought them forward at a
Li of the Session, when hardly any
were in attendance. He thought the
twirled by the Government tyrannical in the
!me, and with respect to the present Bill it was his
itiun• upon the second reading to present a petition
ii the iherchants and traders of Jamaica, praying to be
aril at the bar against it. In conclusion he must protest
shiest it being considered that he admitted the prin-
pie of a Bill by which the island of Jamaica was to be
xed to the extent of nearly Italia million. He trusted
the second reading of the Bill they would have
e cif many gentlemen on the other side of

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ae House.
Sir R. PEEL could not allow the present discussion
a pvs w:thout making a few observations. He was
ieiOisr the advocate of the House of Assembly at Ja-
e:Ai:la or her Majesty's Government. He thought the
Elaine of what taken place was attributable partly to the
House of Assembly, but in a much greater degree to
the Impolitic course pursued by her Majesty's Govern-
enent.—( Hear, hear.) He deeply regretted that the
Aeserably of Jamaica had not lent itself to the complete
suceees of the groat experiments that had been made for
tleelielaines, slavery:. He thought that the people of England
Ind .1 right to insist that the interests of the emancipated
egre s!oseld be looked at—(Hear)—and that they
ere e:::i•lel to require that no law should be passed
ites Reuse of Assembly at variance with the spirit
th which the Imperial Parliament had voted so large a
:1 ror the abolition of slavery.—(Hear.) The people of
_land ought to have some equivalent for the twenty
foss they bad granted, and therefore it was that he
net satisfied -,pith the course pursued by the House
sionbly. But whet was the course proposed to
led by the Right Hon. Gentleman ? Why,
euld venture to say, fraught with most im-
secptences ; and while he could not defend
ee Assembly, he felt bound to look at the
...enees or the remedy proposed. The Govern-
meet. did not come to that House to destroy the Con-
stitutien of Jamaica, but to suspend it. The Right
Hot). Gentleman deplored the necessity for the Go-
-orient interfering, and had stated that they did so with
_ . Now, he (Sir R. Peel) should have supposed,
eking at the correspondence, that the Government
;lad that an opportunity had been afforded them
t petting an end to the House of Assembly : but when
Merril,er of the Government told him that such was
of their wish, be was bound to believe them.—
, hear, hear.) Now the question with him
as whether the Assembly of Jamaica had done
mashing that jestified the Imperial Parliament sus-
penehng their Constitution—(Hear, hear)—and whe-
titer there was no other course to adopt than one so
r. It was easy to point out the evils that had
.4.0. n place, but it should also be remembered that
Isere rFere also evils in an opposite direction.—(Hear,
ear.) By the present Bill it was proposed to sus-
snd the popular form of Government in Jamaica,
introduce in its stead a farm of Government
the bead of which was to be a Governor appointed
5 ti.;; Crown, acd three salaried Commissioners from this
:ountry, so that the people of Jamaica were to be sub-
,acted to taxation according to the arbitrary decree of
;:::;vercor and three salaried Commissioners. Such a
,4irse might he n,cessary, but he trusted the House,
:s.)fore it adopted it, would weigh well the consequences
:t such an arbitrary proceeding.—(Hear, bear.)
)!every being now abolished in the English
: !,)nie4, the great object was to get, the United
eettes to follow so excellent an example ; but could it
.0 supposed that so desirable an end would be gained if
!,.: imperial Parliament of England told the United
ietes that it was only to be accomplished by abolishing
'ree form of government. Was there no other alter-
for the course pursued by the House of Assem-
e secrifieieg a popular form of Government, the
rnstion of which was calculated to alarm every-
Upon this subject the Right Honotfrable
''erred to the protest of the House of As-
ei-soey, al,: tii,a violent language used by its members.
;n hit opinion it would be a most dangerous precedent
suspend a popular form of Government in conse-
eienee of the use of violent language—(Henr, bear)
Letal the argument of the Right Hon. Gentleman,
iiet these who used such language could not be safely
ested, was ecrially dangerous. The only valid ground
lett could 1)1 taken for the arbitrary course pointed out
ise the Bill of the Right lion. Gentleman was, that the
House et Assembly had denied the right of the Imperial
'•):l:eilesent to make regulations with respect to the prisons
the co!ony, He meet he convinced that all remonstrance 1
il teen exhausted and every system of expostulation
-reed to with the House of Assembly be-
induced to consent to the adoption of
He must admit that the protest was
-e e, perhaps, was more unwise, but that was
es
.erausnimt for abolishing a free form of Government.
W•til real;' et to the Prisons' Bill, he was not satisfied
eeth the manner in which the Assembly had acted, but
110 tleuebt, considering all the circumstances that
. f:.-•I talznn plv:e, a little indulgence ought to have
i r- -,,1 k.,7.i.,nded to them. He was sorry that an
i'. oopeet ie.,. :y hall not Been given to the Assembly of
- s..e. ,t: port that had been referred to.
-e. As might have been called toge-
.earned of the consequences. The right of
.ei Pelearnent might have been asserted—it
,ass bee), shown that they had it in their power
troy the authority of the House of Assembly if
d'l not retrace their steps. At all events they
eubl net have been suffered to remain under the un-
session that the Parliament did not mean to interfere.
Yliet was the language of the Colonial Secretary to
he Hearse of Assembly, as communicated in his dis-
eoei, ;e the month of October, 1837 ? " I have his
seeeadeuey's commands to lay before you the accom-
oeuyine doepateb, communicating his views of an
;.7.rev :d evsteni of pri-son discipline. The returns have
). -ei eeleodf for from the different parishes, and will be
seion;tiod to the House. The present Act expires in
1840, and et that period it will devolve upon you to give
your serious coneideration to it. Now he asked,
wbether the Colonial Assembly, when receiving such a
continuniatiou could entertain a supposition that they
%ecru io be deprived of their legislative functions.
Ceatein Pringle's Report, although showing many and
west abuses did not substantiate the statements of the
jorumittee, and had they been guided by true consti-
'flout principle., they would not have adopted so
lordinary an interference with a Representative
-f Government. No communication on
.ad been made to the agent for Ja-
nos to he Island itself. They passed the
Thli in the latter end of July, sent it out to the Colony
et once, and the House of Assembly very unwisely
if,. his (Sir Robert Peel's) opinion, took the injudi-
own: eeetres of suspending their legislative functions.
tut they did not suspend them altogether, for they
•statel Chet they would pass all Acts relating to the
• public credit of the Tel and among them, he cer-
i teiely understood to be included provision for the civil
service of the Colony.—(Hear, hear.) Her Majesty's
1
Gowen:inset did not give them an opportunity of doing
ftist, end most prObably some of the seventeen Acts re-
; t:e:red to in aggravation of their conduct, would have
' 1,1'71 passed it an opportunity had been afforded them.
:iliY lad not some little time been afforded the House
fl AllsernblY? IN hy had they not trusted to the in-
! ,11'.'t
e-ecof good sense operating upon them ? He (Sir
lA'
,r 1) admitted they were wrong—he stood in the
rattler un-__ ear . .
of _ .
i imt
ilt
~ t"Pui . position condemning both parties,
Llll4 same time 1
le must say that he could not jus-
t ,'!ii,,-:aY?s___e_,.oendact' pursued by the House of Assembly.
i' .11;" !'c• • the grounds upon which, while he could
not luitify the Colonial Assembly, le him to state that
Ile by no meeusapproved of the course about to be pursued
%. bv her Majesty's Government on the present occasion
l'a etle
jle ht there were some extenuating circumstance;
• for the intemperate acts of the Colonial Legislature—

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they were but acting in defence of the principles for
which that House itself would contend, and they were
smarting under the feelings of having a portion of their
compensation withheld from them. He trusted the
Government would try the paths of conciliation, and
not come down to Parliament with such a proposition
as the present, unless there existed an absolute neces-
sity for such a proceeding.—( Hear.)
Dr. LUSHINGTON was too deeply interested in
the welfare of the colony of Jamaica to permit the pre-
sent opportunity to pass without an observation. He
regretted the necessity of the present measure, and he
agreed with the Right Hon. Gentleman that those who
proposed to take such a course, and deprive the Colony
of a constitution which it had enjoyed for two hundred
years, ought to show good grounds and an imperative
necessity for such a proceeding-, and that no other alter-
native remained for ensuring the welfare and happiness
of the Colony. The question was what was to be
done ? Did a necessity exist for the present mea-
sure? Had not the House of Assembly four times
declared its legislative functions abolished? The Right
Hon. Gentleman had said that they ought not to be
provoked by insulting language, but they would recol-
lect that the language used was insulting to both sides
of the House, and to both branches of the Legislature.
The protest had not emanated on the instant of the
abolition of the apprenticeship system, but had con-
tinued for six months, and he agreed with his Right
Hon. Friend, that those who could dictate
such a protest, were not likely to legislate
for the benefit of the the Colony. He apprehended that
the House of Assembly had come to the determination
to exercise its legislative functions so long as the British
Legislature reserved to itself the right of intefering on be-
half of the liberties of the emancipated negroes. Why
had the measure to which the Right Hon. Baronet al-
luded so readily passed that House ? Because they
believed it was a measure founded in right and justice,
and which had been omitted by the Colonial legislation.
The Housewould recollect the new stateof circumstances
which took place in July 1838, and which rendered it
imperatively necessary for the Government to take some
steps. Up to 1840 there were certain Acts in force
for the protection of the apprentices—the special justices
were invested with certain powers and authority, but by
the abolition of the apprenticeship that power ceased.
It was necessary to legislate for the new state of things
that then arose, so that the prisons and houses of cor-
rection should be put in a proper state of efficiency. He
would not harrow up the feelings of the House by re-
peating the enormities that had been perpetrated in
these dungeons, but he would suppose that the Govern-
ment at home had delayed to take steps for that pur-
pose, and that there had been any disturbance of even a
temporary nature, what would be the consequence ?
What would be the opinion of the people of England if
the Government had for a single hour neglected to take
the necessary steps to prevent so serious an evil ?
(Hear, hear, hear.) If Lord Glenelg had refused to
include Jamaica in the provisions of that Bill, he
would have incurred a very heavy responsibility.
It might be said that the Governor ought to have com-
municated the fact of the passing of the Act to the
House of Assembly, perhaps it would have been better
had he done so ; but he (Dr. L.) found that such was
not usually the custom. He found on reference to Sir
Lionel Smith's speech at the time of the passing of the
Abolition Act that he did not notice the Act,
but contented himself with saying that he re-
served to himself the opportunity of laying certain
despatches of great importance on the table. He be-
lieved that it was not the manner of its promulgation,
but the Bill itself, which was the real cause of offence.
Now this Bill respecting prison discipline interfered as
little with the privileges of the House of Assembly as
was compatible with the necessity for keeping up one
uniform system of prison discipline—it gave the Go-
vernor and Council very limited powers for this purpose,
and the utmost penalty it empowered them to inflict
was one of 20/. This was as slight an interference with
the powers of the Assembly as possible.—( Hear, hear.)
This Bill was made a pretext for opposition to a mea-
sure which was absolutely necessary. Let the Honour-
able Gentlemen opposite consider these circumstances
and then state that there was no necessity for Legisla-
tive interference. In the first place it was absolutely
necessary for the safety of the Island of Jamaica that
some law should be passed regulating the relation of
master and servant ; next some measure was necessary to
prevent the occupation of ground by persons having no
right or title to such occupation.—(Hear, hear.) These
measures were most important for providing for the
safety of the island, yet with regard to these two vital
measures the House of Assembly had abdicated its
functions, and the consequences which might ensue from
this conduct are such as must create alarm in the mind
of every attentive observer. It was impossible
to road those papers and see the state of the
Island, as depicted therein, without acknowledg-
ing the necessity for the interference of the Legislature.
There was the militia question also, which it was of the
utmost importance to the safety of the Island to have
settled. It was important to show &i 3; the feelings of
the House of Assembly with regard to these measures,
which were for the benefit of the country, and next to
show the necessity of adopting the present proposition,
to obviate the evil consequences which might be appre-
hended. The House of Assembly, in answer to the
speech of Sir Lionel Smith urging these measures on
their consideration, say they are aware of the necessity,
of those measures, and then they turn round imme-
diately after, and declare that they will not take them
into their consideration until they know whether they
are free and independent, or subject to the Parliament
of Great Britain. The Right Hon. Gentleman oppo-
site did not comprehend the case of the House of As-
sembly, or of the people of Jamaica. Many years
ago he (Dr. L.) had stated it as his opinion,
that if all classes in the West Indies were placed
on the same footing, the coloured population would
adhere to the upper classes ; and so confident
was he upon this subject, that, when applied
1 to in the year 1824 by the coloured population, he had
made it a specific condition of his advocacy of their
cause, that ifs uccessful, they should render their assist-
ance to place the black population on the same footing
as themselves, and he also remonstrated with them on
the cruel treatment of which they were said to be
guilty to their slaves, and inculcated the necessity of
their treating their slaves with humanity. The House
of Assembly, when they came to this veto had not
the confidence of the people of Jamaica. The
House consisted entirely of these two classes, to
the exclusion of the black population, who looked
with fear to the House of Assembly. They did not
consider the Assembly as their natural protectors, but
they looked to the British Parliament for that protee-
tion—( Hear, hear)—which they believed would not be
honestly extended towards them by their own House of
Assembly. :He was convinced that when this measure
should be fully discussed the conduct of the Govern-
ment would inaet with full and ample justification.
Lord STANLEY hoped, for the sake of her Ma
jesty's Government, and for the credit of the country,
that if this Bill was passed the Government would be able
to satisfy the House, the Parliament, and the country, of
the existence of sonic overruling and imperious necessity
for the adoption of these measures, such as it was not
hi their power to contrail!, nor ever had been in their
power, by the adoption of conciliatory measures, to pre-
vent. In the first place, they should consider whether
these measures were called for as a matter of absolute
necessity, and in the next place, if' her Majesty's Go-
vernment were notin sotnemeasure responsible—if some
share of blame were not due to them , for their conduct
with regard to the Legislature of Jamaica. The
Honourable and Learned Gentleman who had just
sat down had stated that the Legislature of Jamaica in
June, 1838, had merely Contented itself with passing the
Emancipation Act, and nothing more.
Dr. LUSHINGTON explained.
Lord STANLEY had no intention of misrepresent-
ing what had been stated, but he had understood the
Hon. and Learned Gentleman to say that this measure
had not been forced upon them. Now he (Lord Stan-
ley) contended that the Legislature of Jamaica had, by
the interference of the British Parliament, been
placed in a position of such great difficulty,
and by the conduct: of the Government
also, that they were necessitated, in the hope of obtain-
ing that repose which was so essential to the welfare of
the Island, to pass, at once and unprepared, the Act of
Emancipation. When the Hon. Gentleman said they
were under no compulsion, he would call the attention
of the House to one or two points not adverted to by
his Hon. Friend. The Hon. and Learned Gentleman
said that the Governor had not referred to the Aboli-
tion Act in his speech. He (Lord Stanley) thought
it would have been better if he had done so, if he
had in a conciliatory manner stated the extent
of the interference of the British Parliament,
and explained the necessity for such interference.
But what did the Governor say ? Why, he said that
he must again refer to the subject of the complete
emancipation, and direct their attention to what had
taken place in Parliament on the subject, when the
Ministers were only able, by a bare majority, to pre-
vent a breach of faith as regarded the tenure of the
Emancipation Act ; lie also directs their attention to
the general agitation of the subject throughout the
kingdom, these circumstances were sufficient to prove
the compulsion under which the Assembly was placed. He
( Lord S.) complained that the Government did not inter-
fere until they were driven by clamour and pressure to
recommend the abolition of the apprenticeship in August,
1838, and when they were so driven, it was the duty of
the Government to have pointed out to the Colonial
Legislatures the measures necessary to be adopted in
consequence of it ; but the Government avoided doing
this, and contented themselves with 'the passing of
the Act of Abolition. One main object of the system
of apprenticeship bad been to give time for making pre-
parations for the great measure of emancipation by the
enactment of laws regulating the militia, and other laws
applicable to the circumstances in which the colonies
would then be placed, but they were forced to neglect all
these measures when they were compelled to adopt the
Abolition Act.—(Hear, hear.) It was one main argu-
ment with gentlemen on the other side, that such a
determination had been manifested by the Legislature
eets, as to of Jamaica to take no steps on these subj