The Sun.
London, England, 1837-04-18 00:00:00

BREACH OF PRIVILEGE
Mr. FAZAKERLY brought up a Report from the
Select Committee on the New Poor-law Bill.
The Clerk read the-Report to the House, which stated
that the Committee, having proceeded in the investigation,
had found it necessary to make the following special Report
to the House, namely, that parts of the evidence taken by
the Committee, and the documents presented to the Com-
mittee, had appeared in the " True Sun" newspaper of
Friday and Saturday week.
Mr. FAZAKERLEY then moved that the Report be
printed with the Votes, and taken into consideration to-
m orrow.—Agreed to.
BREACH OF PRIVILEGE. -
Sir E. CODRINGTON rose to complain of a breach
of privilege on the part of the " Morning Post" News-
paper, in having misrepresented what he had said in
the course of the discussion the other evening, and what
was said by others was equally erroneous. He would not
undertake to attribute motives, but the statement might,
and was likely to, have led to a breach of the peace.—
(Hear, hear, and laughter.) The print was so small
that he could hardly read it, and he had made extracts to
which he would refer. The first extract was an observa-
tion attributed to himself, that " many men would have
been turned out of the service, if they had acted in the
same way as Sir Pultney Malcolm." The expressions he
(Sir E. C.) had used were, that from what he had heard
Sir P. Malcolm had done, he had subjected himself to be
broken by Court-martial. There was a •great difference
between these two passages.—( Hear, hear.) Then it was
further stated that he (Sir E. Codrington) had said " that
Sir P. Malcolm did not speak the truth." He had never
thought of such a thing, and he solemnly denied ever
having used such expressions.—(Cries of " Hear.") He had
said that Sir P. Malcolm had spoken freely of him, and he
believed that Gallant Officer would not deny it. He had
also added, that he had disapproved of his conduct to-
wards him (Sir E. C.), but that had excited no ill•will in
his mind. He was merely doing the best he could in
advocating the cause of the unfortunate persons
whose case had been brought before the House. He
would be borne out in that by the correspondence which
had taken place, and which he understood had been pub-
lished in an Evening Paper. The next error to which he
should refer, was one attributing motives to him which it
was absolutely necessary he should take notice of.—
(Loud cribs of Hear, hear.) It was reported that the
Hon. and Gallant Admiral below him had stated that he
(Sir E. C.) had dealt in insinuations, and he was anxious
to clear the ground as he went along, by inquiring if that
statement was correct.
Admiral ADAMS rose, but was called to order by the
Speaker.
Sir E. CODRINGTON resumed. The next charge
to which he should refer was one which he believed and
hoped would prove not to be true. It was attributed to
the Right Hon. Baronet the Member for Cumberland.
In the report, the Hon. Baronet was made to say, that he
(Sir E. C.) dealt in insinuations, and that for three years
he had been trying to whisper away the character of the
Gallant Officer. The facts were these. He had after
the battle of Navarino had much trouble in obtaining for
his people payment for the clothes that were shot off
their back. He heard that others who were not in the
battle had shared amongst them two French crowns, which
had been obtained from the fishing up of guns. That re-
port reached him, and he at once made use of it in
the claim he made to the Right Honourable Baronet
(Sir James Graham) on behalf of the men under
him. He had never dealt in insinuations, nor had he
ever tried to whisper away the character of Sir P. Mal-
colm—he had dealt openly on the occasion, and made the
charges directly. The reports did not originate with
him. He was one who wanted much to uphold the
character of the profession to which he belonged.
He would not throw even just censure up,a an officer
where it was Possible to avoid it ; he, in all he had
done, had been most anxious to make every allowance
for a man's past services, his wounds, &c. He
had nothing to say against Sir P. Malcolm ; he had
only made use of the reports, in order to obtain justice for
his-
own people. He was glad to say, that by letter, Sir P.
Malcolm had convinced him that if he was at all guilty,
he was guilty of a mere venial offence.—(Hear, hear.)
He did not know whether the House wished him to read
the letter before the Right Hon. Baronet gave the expla-
nation he asked.—(Cries of " Read, read.") The Hon.
Baronet then read the letter of Sir P. Malcolm to him,
which was as follows :

" No. 23, York-terrace, April 14, 1837.
" Sir—lt appears from the report of your speech in the
House of Commons last night, as reported in the Morning Post,
that you stated that I ought to have been turned out of the
service for my conduct when in command of the Mediterra-
nean squadron, and I understood the charges to be, that I
fished up some brass guns front the wrecks of the ships at Na-
varino, which were sold, and the proceeds shared as prize-
money on board the Asia, and that I had employed ships of
the Government in conveying materials for building a house
on speculation, and not for my own residence. I hope and
believe that you have made these statements under a false im-
pression as to the facts. I shall now proceed to state what
occurred, on the honour of an officer ; and I have no doubt
that on attentive consideration you will repair, as far as you
may have the power, the injury you have done my cha-
racter, by stating in your place, in the House of Commons,
that you had been misinformed.
" It is true that some brass guns were taken up from the
wrecks at Navarino by the boats of the Asia, and that Captain
Hope Johnstone proposed to me that they should be sold, and
the money be divided amongst those who had got them up ;
of this I approved, and it was so divided. In reply to the
other charge, I have to state that in the year 1830 I purchased
a piece of land near to Athens, for the purpose of building a
small house to perpetuate my name in Greece, in whose wel-
fare I was strongly interested. In January, 1831, the autho-
rities who were engaged in the settlement of Greece were as-
sembled at Salamis, and were on the point of making a finish
when they received instructions to stop, as the Ministers of
the Alliance had hopes of obtaining an extension of the pro-
posed limits. Great was the disappointment, and the Greeks
began to despair of ever seeing their country settled. To
show, however, that I considered that the delay was but tem-
porary, I gave directions to prepare to build my house. The
three Residents of the Alliance accompanied me to the spot,
and all urged me to enlarge my plan. I was induced to listen
to their suggestions, as it enabled me to show the Greeks the
superiority of the Maltese workmen, a number of whom went
to Athens, where they got full employment. Capo d'lstria,
the then President of Greece, said to me that I had conferred
a real benefit on his country by beginning to build a house, as
it gave confidence to those who were desirous to do the same,
and who had purchased lands from the Turks, but were dis-
heartened when we separated at Salamis. I had been in com-
munication with Sir F. Ponsonby, and the best means for ob-
taining employment for the Maltese in Greece, and this ap-
peared to me a good beginning. When at Malta I employed
the best workmen to make doors and windows for this house,
and I purchased many articles for the building, which I sent
to Greece by a Greek brig which I hired for the purpose ;
but I remember that Captain Lyons, of the Madagascar, pro-
posed to me to take the windows into his cabin, as they might
be broke in the brig, and I consented, as he was bound to
Athens. Some polished stones were taken on board the Bri-
tannia, but her destination being changed when at sea, Cap-
tain Hawkins, of the Raleigh, who was bound to Athens, pro-
posed that he should take them up, and I consented. These
are the only circumstances which I can recollect, and surely
these acts are not to be construed into employing Government
vessels for private emolument.
" I am your most obedient servant,
( Signed) " Pci.r. MALCOLM.
" Admiral Sir E. Codrington."
The following is the answer and reply :
" Eaton-square, April 15, 1837.
" Dear White—Since I had no opportunity, last night, in
the House of Commons, of giving Sir P. Malcolm's explana-
tion, and since it cannot now take place until Monday, I think
it as well to take the opportunity of pointing out to him,
through you, that my object in referring to his conduct' was
not to injure him, but to show the House of Commons and the
country the injustice of the conduct and the doctrine of Sir J.
Graham. I say the Admiralties which have inflicted this pu-
nishment on the defenceless would not venture to inflict it upon
those in a condition to defend themselves. Sir J. Graham
declares, in contradiction, that he would so treat me, if he
thought I conducted myself unbecoming the character of an
officer and a gentleman. 1 ask him if such and such things,
imputed to Sir P. Malcolm, which, if exhibited before a court-
martial, might dismiss him from the service, would induce him
to dismiss me by his own fiat ? Instead of a distinct reply, he
challenges me by taunts, enforced by a host of cheerers behind
him, to name the person to whom I allude. This made my so
doing imperative ; for if I had then shrunk, what would not
have been said of me—not merely by the Morning Post, but
by respectable individuals of our profession ? This said jour-
nal makes a false report, as I think I shall show on Monday in
the House, of several of the other speeches, as well as of mine.
And whether its purpose, as well as that of Sir J. Graham, by
his taunts, is meant to-divert the minds of the Members from
the real subject before them or not, I will not now offer an
opinion. For the present it will be enough for me to say, that
I will read Sir P. Malcolm's letter to the House on Monday,
and will avoid any comments on it, which may not be forced on
me. The present Secretary to the Admiralty, adopting the
principle laid down by Sir J. Graham, justifies the punish-
ment of Lieutenant Milner, when on half-pay, eleven years
after the act imputed to him, when on full pay. In refutation
of this principle, I say that Sir J. Graham himself does not act
on it ; and I instanced the case of Sir P. Malcolm, because
he had by report offended against the Articles of War, and
was therefore similarly circumstanced with Lieutenant Milner,
without being treated in a similar manner.
" rremain, dear White, very sincerely yours,
" E. CODRINGTON.
" The expression attributed to me by the Morning Post, of
Sir P. Malcolm not having spoken the truth, is a pure in-
vention. " E. C."
" 11, Park-square, Saturday Afternoon, 5 o'clock.
" Dear Codrington—l will immediately take your letter,
just received, to Sir Pulteney Malcolm ; and I foresee, with
very sincere pleasure, that the explanation in the House of
Commons on Monday will be to the entire satisfaction of Sir
Pulteney, his friends, and the service.—Truly yours,
"JOHN C. WHITE."