The Sun.
London, England, 1839-05-31 00:00:00

EVEN INC 4 E DITION.

J vide for the enactment of certain laws in the Island of
! Jamaica, consequent on the abolition of slavery in that
t island. That Bill was a substitute for the measure he
had the honour of introducing at an earlier period of the
q Session ; but he had not withdrawn that measure in con-
I/ sequence of any alteration in the opinions he then ex-
pressed, and he could not help expressing his regret that
that plan had not received such support in tlirkr, :louse as
left any chance of its being useful, should, it become the
law of the land. He regretted that questions of this sort
should be made the subject of party struggle, and he felt
bounel to say that if they had not enough of public spirit
In that House to free their minds of party biass in approach-
ing questions relative to colonial affairs, that a general
feeling of disgust would arise in the mind of the public, on
finding their dearest interests determined, not on the
merits of the case as submitted to Parliament, but in a
party spirit and on party views.—( Cries of "Hear, hear.")
The measure he now felt it his duty to propose was foun-
ded on a very different principle to that of the former. It
was founded on the principle of affording to the Govern-
ment the means of calling together again the Legislature
of Jamaica, and of giving to the House of Assembly what
was called by the Right Hon. Baronet opposite a locus
penitentier. He (Mr. Labouchere) could not pretend to
say that he had any very sanguine expectation that the
House of Assembly would avail itself of the opportunity
that would thus be afforded, but he would take care to ab-
tain from any irritative expression in bringing for ward the
Bill that might have a tendency to mar soy chance that at
present existed of the House of Assembly proceeding with
their business in a satisfactory manner. The principle of
the measure was to give them an opportunity of reconsi-
dering the determination to which they had come, and the
Bill would explain the means by which the Government
proposed to provide for the contingency of the Legislative
of Jamaica still persisting in that determination.—
( Hear, hear.) The urgent necessity that existed
for immediate legislation in the island of Jamaica
was so fully proved in the former debate that took place on
this subject, that it was unnecessary to refer to documents
to establish that fact. The first part of the Bill referred
to those Annual Laws in Jamaica which had expired in
Consequence of the House of Assembly refusing to transact
busineea. They were seventeen in number. Among those
Act; was the Commissioners of Public Building Act, the
esepiration of which operated as a stoppage to the progress
of all public works ; the Insolvent Debtors' Relief Act,
the expiration of which would consign insolvent debtors to
imprisonment without relief; the Process Act, which re-
gulated the service of process, and the expiration of which
would greatly embarrass the course of business; and the
Police Act, which was perhaps the most important of the
Annual Acts ; and it must be obvious that the expiration of
the Police Act would paralyse the efforts of the Executive,
.Judicial, and Magisterial Authorities. Itwas true that in the
particular case of the Police Act, under the power given to
thejGovernor, measures had been taken by him to counteract
that evil, but it was obvious it was not safe in the present
state of Jamaica, that the ancient recognised mode of
keeping the peace in that Colony should be set at nought,
and that a system wholly unknown there should be substi-
tuted. He (Mr. Laboochere) had received many commu-
nications which showed what the effect produced on the
minds of the eregroes from this unfortunate suspension of
legislation was. The Right Hon. Gentleman then reed a
letter (rem a Mr. Oldham, a manager of an estate in
Jamaice, to the proprietor, resident its London, dated the
23d eif March, 1839, in which he stated the negroes were
un ;ter an impression that the Queen had dispensed with the
'Services of the police to prevent the proprietors obtaining
their assistance in compelling the blacks to pay rents ; and
that the greatest confusion and mischief would ensue if
these laws were not renewed. The course intended to be
pursued by the Bill, with regard to expired laws, was to
give, in the first place, ample time to the House of As-
sembly, to make up their minds whether they would or not
renew those laws ; but if they refused them, after a certain
time to authorise the Governor and Council to revive
such of those expired laws as might appear to the
Governor and Council to be necessary for the wel-
fare and good government of the Colony. That
Was the course which this Bill proposed to pursue,
with regard to the first part of the question—the expired
laws ; but he confessed he thought they would not have
been discharging their duties if they had allowed the Bill
to stop there, and had not provided for the contingency of
the House of Assembly refusing to transact business, con-
eidering that the success of the great experiment of ernes,-
cipating their fellow-creatures might be impeded by such
conduct. The Government would heartily rejoice if the
House of Assembly would legislate on those matters in a
satisfactory manner, and in a way that would relieve the
Imperial Parliament from interfering.—( Hear, hear.)
He was disposed to give the House of Assembly fair play,
but he would take care that he did not desert his para-
mount duty, affording protection to the great mass of her
Majesty's subjects who were at present unprotected ; and,
therefore, while he treated the House of Assembly with
every courtesy, he should not lose sight of the interests of
the blacks.—( Hear, hear.) He would now state the
course proposed to be pursued with respect to the second
branch. He (Mr. L.) had great mistrust in distant legis-
letion—( Hear, hear, from the Opposition)—it often frus-
trated the best wishes and efforts of the parties,
Sad to was desirous of limiting, therefore, the inter-
ference of the Imperial Parliament to the smallest extent.
But there were three great subjects which he thought
every gentleman who had paid any attention to West
Indian affairs would allow were of paramount importance
in the present condition of Jamaica, he meant vagrancy,
Contract for labourers, and the unauthorised occupation of
land. The first of these subjects to which he should refer
was the subject of vagrancy ; and Sir Lionel Smith, in a
despatch dated the 10th of September, 1838, said that
these laws were the most terrific engines of oppression.
The Hon. Member then read several clauses of the Va-
grancy Acts, from which it appeared that -all rogues, va-
gabonds, or other idle persons found wandering from place
to place, or otherwise disorderly, might be apprehended
1,3' the constable, and taken before a Magistrate, who was
'''Powered to order him or her to be whipped on the
biiic'd back a- • • 1 •
hear.)not excee ing thirty-nine ashes.—( Hear,
Another clause made it lawful to send any co-
loured
Person who came within the description of the
pork to the parish workhouse, and to be set to
any time not exceeding six months ; but
all white persons committed should be fed, lodged, and
worked separate and apart from the free ncgroes, mulat-
toes, and slaves.—( Hear, hear.) He was sure there would
be a general feeling that it was unsafe that laws of this
kind should remain in operation in Jamaica. The second
subject, the laws which regulated contracts for labour, was
of the utmost importance, for it must be obvious that the
success of the sugar cultivator depended on the negroes
entering into such contracts as should, on fair, on equal
terms, secure to the planter his continuous services : if this
should not be done, the planter would be completely at
the caprice of the negro. If the present laws were con-
sidered, it would not be thought surprising that there
should be an indisposition on the part of the negro to enter
into any contracts. Notwithstanding the unexampled state
of things in Jamaica, no serious disturbance had taken
place, and this circumstance was attributable in a great
degree to the influence of the ministers of religion,
although there might have been occasional indiscretions.
—( Hear.) The Act on this subject enacted, that if
any servant, &c., contracting to serve for any time did not
commence the service, or afterwards absent himself or her-
self, or be guilty of any other misconduct or misdemeanor
its execution thereof, it should be lawful for any Justice to
commit him for three months, and abate part of his wages.
When it was recollected that the Magistrates are planters,
he would ask was this a fit law to regulate the contracts
for labour ?—( Hear, hear.) He conceived this House
would be false to the just expectations of the people, and
desert the solemn pledges given last Session, that it would
watch over with peculiar case the interests of the negro
population after complete freedom had been given, if it
were not on the subject to insist on some remedial mea-
l' aures.—( Hear, hear.) The third topic was also of consi-
derable importance—that of the unauthorised occupation of
land. It appeared that the law was silent on the subject,
and it would be a most unfortunate state of things if the
negro population should, instead of becoming industrious
labourers, betake themselves to the waste lands, arid there
should be no law to prevent it.—( hear, hear, hear.)
Although this law wa not so important as the others,
there could be no objection in adding it to them.
He had now explained the main provisions of the measure
which he proposed. It gave to the House of Assembly
the most ample opportunity of relieving Parliament from
the necessity of interfering at all by direct legislation in
any of their internal concerns, provided they would un.
dertake to legislate themselves for the exigencies of the
Colony. In the event of the House of Assembly either
refusing to legislate, or legislating in so delusive a
manner as that their laws were clearly objectionable, it
would bo the duty of the 1-louse to interfere.—( Hear,
hear.) If these Acts were not passed after a certain time,
the Governor in Council would be authorised to make
laws upon the model of those laws, having the power to al-
ter them in such a manner as might be necessary for the
state of Jamaica. He trusted the House would be
of opinion that this was carrying interference to the
very narrowest limit possible, unless they alto-
gether abandoned the watching over the interests
of the negro population.—( Hear, hear.) He concluded
by moving for leave to bring in a Bill to provide for the
enactment of certain laws in the island of Jamaica, in
consequence of the abolition of slavery in the said island.
Sir R. PEEL said he should not offer any opposition
to the introduction of this Bill, nor would he say a word
the effect of which should be to pi,reljeusd iiceaid discussion.itdsnwnbthe
Hon. Member, although he should
He agreed with the general Pr.ulei reserve to
full discretion in the discussion of the
measure.hil2eAlfftear
the opportunity thus afforded to the House ofAssemb
interestlyto
resume its functions, it was the duty and manifest
of that House so to conduct itself that there shouldit notmenabet
a question as to the spirit and intention in which
to legislate for the negro population. Their. true policy.
and duty was to attempt fairly to carry out the principles
intended by Parliament. lie considered that we stood
in
this peculiar relation to the Colonial Legislature and to
the negro population, after the magnificent pecuniary
grant made by Parliament, that we had a right to insist
that the negro population should not have a mere no-
minal freedom, but the substantial privileges of freemen.
He would confess that after the great experiment they had
made with regard to Negro Emancipation, it would be
with the greatest reluctance that he should consent to
adopt another experiment with regard to the same colonies,
more especially one which would exhibit the whites as
unfit to be trusted with legislative functions. But this
course it appeared, had been abandoned ; and the Hon.
Gentleman had frankly adopted the only other course
which which was open to him; he hoped the House of
Assembly would meet that course in a proper spirit. He
would not now express any opinion at present on the pro-
position of the Hon. Gentleman, and he should not have
said another word, but for the reference of the Hon.
Gentlemen to party proceedings. Nothing he was aware
was more specious than an accusation of
Gentleman,party motives,
and he fully agreed with the Right 1-1 n .
to seek for party weapons of annoyance to the Govern .
ment on a question of Colonial policy, more especially a
_
question connected with the welfare of the negro popula-
tion, was an unworthy proceeding, and that those subjects
ought to be exempt from the usual party tactics. But
suppose that Gentleman bone fide differed from the e .n -
verement they really had as much right to consider that

they had sufficient grounds for their belief as the
Right lion. Gentleman opposite had for their opittiont;
and if they believed sincerely that the Government had
not sufficient grounds foe roceeding, were they neverthe-
less to acemiestee They were certainly not justified in
taltire any unfair advantage ; they were bound to give
fair notice that they would take the !cost!. of the House on
the subject.—( Cheers,) He would ask Right lion. Gen-
tlemen opposite, would they abstain from enforcing a large
attendance of their friends to support their opinions, and if
, so, why should he not do the same ? The fact was they
I differed, but they were both sincere, and they had taken
itennontn o
unfairio advantage. 'Whey
ge. They told the Government of their
their measure ; they had given them
the cpt:on of adopting another course. That opportunity
had been rejected. He did not find fault with that; but
he would ask, were they to be merely a mock opposition?
He was certain that Hon. Gentlemen opposite would take
what means they felt necessary to carry' their measures,
and the Opposition had a right to adopt the same course;
and he would remind the Right Hon. Gentleman, that lie ,
was supported not merely by the phalanx on their own side '
of the House, but by some Hon. Members who usually
voted with the Noble Lord.—( Hear, hear, from Lord J.
Russell.) Were they influenced by party ?—( Hear, hear,
from Lord J. Russell. ) The Noll: Lord might sneer at
his own friends if lie thou.. fit ; but he had no right to
impute improper motives to his ( Sir R. Peel's) 300 friends
who sat on that side the House. He should feel great re-
luctance in opposing any measure which had for its object
the benefit of the negro population ; but if there were
bona fide objections to that measure, they might talk as
long as they liked of party motive.—( Cheers. ) This was
not the language that had been held in other times. It
might be said that a powerful Opposition in time of war
was wrong. Mr. Pitt might as reasonably have complained
of the conduct of Mr. Fox, that his opposition crippled his
warlike policy. The fact was, that the whole question, in
matters of this kind, resolved itself into one of since-
rity.—( Loud cheers.) In his opinion there had not
been sufficient grounds shown for a suspension
of the Constitution of Jamaica—that opinion had been con-
firmed by reflection. He had acquainted the Hon. Gen-
tleman with his intention of giving that measure his de-
tcrmned opposition, and of taking the sense of the House
on the subject, and he had determined that his opposition
should not be hollow or insincere.—( Cheers.)
Lord JOHN RUSSELL did not object to the Right
lion. Gentleman opposing the motion of his night Hon.
Friend. The Right Hon. Gentleman had said 'as much
as the Government had a right to expect on the subject.
But his Right Hon. Friend having abandoned the course
of superseding the Government of Jamaica, he thought it
right that some measure should be adopted during the
present Session of Parliament to prevent those from op-
pressing the now free people of Jamaica who, under cer-
tain absolute laws, might have the power of so doing.
He thought it was their duty, having passed the Emancipa-
tion Act, to prevent any oppression taking place in opposi-
tion to the spirit of that Act, and if there was any cause
for regret in the passing of that Act, it was that the mag-
nificent compensation awarded to the slave-owners had
been paid immediately—(Cheers)—instead of being re-
tained until the system of slavery had been freely and
frankly abolished.—( Cheers.) At the first moment when
the compensation was received, the slave-owners were sa-
tisfied ; but afterwards, when they were called on to submit
to thb loss of power and the loss of property, then arose a
feeling of dissatisfaction and of irritation on the part of the
owners of the slaves, without any means of meeting it, be-
cause the compensation had been already received. He
did not impute blame to any one on this account, because
he was a member of the Government which bad passed the
measure, and, therefore, was responsible for it. He could
not suffer the remarks of the Right Hon. Gentleman to
pass altogether without observation. He admitted that
the Right Hon. Gentleman had a perfect right to oppose
the Jamaica Bill, and to take the sense of the House on
the subject. But he did not think that the Right Hon.
Gentleman had confined himself to that course. It was
quite natural that those who followed the opinions of the
Right Hon. Gentleman should follow them on this occ:sion,
but what he complained of was, that those who were com-
petent to form an opnion on the subject, who had a deep
interest in Jamaica, and who had expressed themselves
favourable to the measures of her Majesty's Government,
had not been allowed to follow their opinions on this ques-
tion, but had been forced to bend their Jamaica opinions
to English party considerations,—( Loud cheers.) In
asking that no force or coercion should be used with re-
gard to the Assembly of Jamaica, he thought that it was
not too much to ask that no force or coercion should be
used towards those Members.—( Cheers.) They had not
been allowed to vote freely on this question, and every
means had been used to induce Members thus situated, if
they did not vote against the Government, to abstain from
voting at all.—(Cries of " Name.") He asserted that
such was tke case, and he believed the fact was sufficiently
notorious.—( Cheers.) Another question was with regard
to the support which the Right Hon. Gentleman had re-
ceived from certain Members on that side of the
House who are usually opposed to him. —( Hear, hear. )
It did appear to him that the Right Honourable
Gentleman has pursued a totally different course from that
which he had pursued last year, and at the commencement
of the present Session, the principles of which had been
laid down by the lion. Member for Newark, who had stated
last year that while they were determined to maintain their
own principles and adhere to them, and opposed by the Go-
vernment, they would not seek for the adherence and sup-
port of those who differed more widely from themselves
than they did from the Government. With regard to the
Jamaica Bill they had not acted on those principles which
they had professed, and which did them credit, but they
had sought to obtain the votes of those on that side of the
House who differed still more widely from their
principles than from those of the Government.—( Hear. )
It was his opinion, from the speeches which had been de-
livered on the other side, that they had determined no
longer to adhere to the course which they had hitherto
pursued, but had sought to strengthen themselves by an
alliance with those who thought that the Government had
not gone far enough in the road of reform. This opinion
had exercised considerable influence in determining the
Government as to the course they had pursued. In con-
sequence he thought it necessary, after what the Right
Hon. Gentleman had stated, because lie thought on
this question he had acted in an unusal manner, and at va-
riance with the line of conduct which he had hitherto pur-
sued.--( Cheers.).
_ .

Mr. GODSON opposed the present measure of the
Government. which was in effect a suspension of the Con-
stitution of Jamaica.
Mr. HUME would state the grounds of his vote on a
recent occasion at a proper time. He considered the pre-
sent Bill objectionable also because there was no case made
out for it. He would refer the Right Hon. Gentleman to
the resolution of the House of Assembly of the 9th Nov.,
which stated that they suspended their functions only until
the Governor should inform them whether they were at
liberty to legislate for the colony, or whether the Govern-
ment intended to interfere with them. He would ask whe-
ther the Government would answer that question or not.
Sir CHARLES GREY said, the Hon. Member for
Kilkenny had quite misconceived the question ; the ob-
stacle to their legislation, of which the House of Assembly
complained, was an Act of that House, in which the Hon.
Member for Kilkenny had participated, and did he mean
to say that any Government was entitled to say to the
Assembly of Jamaica, we will remove the ob-
struction, and the Parliament of England shall
no longer interfere with your legislative concerns ?
It would be beyond the powers of any Government to
make such a stipulation. Having had some experience
and personal observation in the Colonies of the working
of Colonial Legislatures, he would say there was no prin-
ciple which forbad legislation by the mother country for
the internal improvement of the Colony. There was one
exception, and that was with regard to the imposition of
taxes, and that he believed was universally recognised.
He hoped in all cases where it was necessary they would
exercise the power, as they had the undoubted right, to
interfere in the internal affairs of a Colony. The Act
which had induced the Imperial Parliament to interfere
in the case of Jamaica was one with regard to the eman-
cipation of the Slaves, who were treated with much
cruelty and oppression.—( Hear, hear.) He had no wish
to throw any obstacle in the way of the measure which
the Government had brought forward, although he found

it would not be so effective as the former one. He re-
gretted that it had been thought necessary by Hon. Mem-
bers on the other side of the House to compel the Go-
vernment to depart from a measure, the sole object o
which was to suspend the sittings of the House of Assembly.
—( Oh !) He was satisfied that was the only object sought to
he attained, and he was further convinced that these Hon.
Members would bitterly repent the course they had adopted
with reference to that measure. Let them recollect that
a population of 300,000 negroes had been called into ex-
istence by the Parliament of Great Britain, and that these
men had been previously subjected to the lash, and the
grinding oppression of those who constituted the House
of Assembly of Jamaica. They had, in that colony also,
a new Church, and a new order of priesthood springing
up from the very oppression to which those men had been
subjected. They had heard a great deal of the influence
of the Roman Catholic priesthood in Ireland, but he be-
lieved that influence was not to be traced to the love of
power, or to any peculiar organization of the Church, but
it arose out of the oppressions of the people ; and it would
seem as if Providence had designed them to come to the
assistance of an oppressed and trampled people. In Ja-
maica they had the Baptist Missionaries and the House of
Assembly at war with each other—they had the Stipendary
Magistrates opposing the Local Magistrates, and in the
House of Assembly, out of the 40 representatives, there
were only 6 or 7 representing the black population.—( Hear. )
He confessed that he despaired of the House of Assembly,
constituted ss it was, from being an effective instrument
in bringing about the prosperity of that Colony, and he re-
gretted that the power had not been granted to the Go-
vernment of Jamaica to dispense with the sittings of that
House. In conclusion, he would say that he feared the
country and the Hon. Members who had opposed the pro.
grcss of the last Bill through that House, would deeply '
regret the course they had adopted with reference to the
colony of Jamaica. —( Hear.)
Mr. LABOUCHERE replied. In answer to the
question put by the lion. Member for Kilkenny, he begged
to say, that the Government could flat make any communi-
cation to the House of Assembly of Jamaica, as it had then
prorogued.
Sir EDWARD SITG DE N thought it was a very
been
nrd argument because they had suspended the Consti-
tution of one colony where a necessity existed, that they
should suspend the Constitution of another colony where
the necessity did not exist. —( Hear.) It had been asserted
that the late measure had been opposed on party grounds,
but he (Sir E. Sudden) would declare that he had acted
from conscientious convictions, and from an attentive per.
usal of the papers laid before the House.
Leave was then given to bring in the Bill.
Mr. O'CONNELL moved for copies of the seve-
ral memorials or petitions of Charles Bianconi, now of
Clotme lt,oin t
hlere
Irishan d,
Gn beingGovernment,
er ani nnative
et, pa
of if:l,nlg io
anir le
n ad-
dressedlettatlyr,sof
slenization iii Ireland, with the dates tnereof, respectively ;
and also copies of the answers thereto, with the dates
thereof respectively ; and copy of any letters of dcnization
granted to the said Charles Bianconi,
specifying the time
when uranted. Also returns relating to the Dublin Coal
Meters, —Agreed to