The Sun.
London, England, 1839-07-05 00:00:00

Jrmy 5, 1R39.

listen to the quibble of its not being to be done by a Bill,
but by a taxman. —( Hear, hear. ) It would be infinitely
better to have it done by a Bill, because a man might
abuse his power—tie might make mistakes—and, lastly,
they would not have the authority or the benefit of
thfe counsel and wisdom of Parliament.—( Hear, hear.)
He would not listen therefore to the statement that they
were not retracing their steps merely because they did not
levy this taxation by a Bill, but did it by dictatorship.
This was the first time they were setting themselves about
taxing this colony, and they were about to do it in the
worst way. Their Lordships ought not to flatter them-
selves that the world would not give them the discredit
and dishonour of having abandoned the Act of 1778, and
of having broken faith with the colony, if they proceeded
now to tax those whom they had before pledged themselves
never to tax again ; especially so when it must be known
that they never would dream of doing this but with a weak
settlement like Jamaica. He protested that he thought
that both honour, credit, consistency, and character were
more damaged when an attempt was made to oppress a
weak than when an attempt was made to succeed in a
conflict after a gallant struggle with a powerful
opponent.---( Hear, hear, hear.) He would not advise
their Lordships to adopt the old Roman eulogy, but he
would advise them not to reverse it, and not to domineer
over the people, because they who did so were the most
likely to crouch before the great. These being his opinions
he had framed a proviso which he should move, in order
that if the House rejected his proposition he should have an
opportunity of entering his protest against this measure.
His protest should he framed in the sine terms as that
which he entered against the Canada Bill in 1837, chang-
ing the word Canada for Jamaica, and changing the date
of the Act from 1771 to 1778.
Lord MELBOURNE said that he should be happy to
accede to the suggestions made by the Noble Lord oppo-
site, if he could think that the effect of that would be to
end the unhappy differences that now existed in
an amicable manner, and if that suggestion could
be adopted consistently with the course the House had
pursued, and consistently with common sense and reason.
But it was impossible for him to think that the mere ex-
pectations of the Noble Lord, without any authority, could
be productive of a successful result. The effect of the
suggestion, was to withdraw the present Bill, and make
an apology for the last. It amounted to making a con-
fession, that what they had done, had beer, done in haste
and in ignorance, and that their Lordships had not been
aware that they were then over-riding the powers of the
House of Assembly. Now, he could not make that con-
fession. He perfectly knew what he was about—it was a
Bill for the internal regulation of Jamaica. He felt at the
time that the House of Assembly would not pass the Bill,
and that they would consider it an attack on their
privileges, and what they conceived to be their
peculiar functions. The Noble and Learned Lord
had said it was passed sub silentio, and without
much speaking upon it. It did not follow from that that
people were not perfectly well aware of the objects of the
Bill. It was passed because every body knew of it, and
every body had thought its provisions right—at least that
was the conclusion he drew from the manner in which the
Bill was passed. It was impossible for the Government
or for the country, with any regard to their own dignity or
to the success of any measures they had to pursue, to
accede to the suggestion. Neither could he accede to the
suggestion so elaborately introduced by his Noble and
Learned Friend. He agreed with his Noble and Learned
Friend upon all the general principles he had laid down.
lie agreed that the renewal of a tax was the same as the in-
troduction of a new one. He would offer nothing against
such an argument as that. He concurred likewise
with all the eloquent and generous sentiments with which
his Noble and Learned Friend had concluded ; that it was
worse to oppress the weak and feeble than the strong. It
were base, unmanly, impolitic, and inexpedient to oppress
the weak, but be would contend that this Act had been
rendered necessary by the misconduct and contumacy of the
House of Assembly themselves. Her Majesty's Government
considered this
,power of legislation absolutely necessary.
There were many appropriations which it was altogether
necessary to renew. He contended that this power was as
necessary to be given as the power by the other part of
the; clauses; therefore, he could not agree to the amend-
ment moved or about to be moved by his Noble and Learned
Friend.
The Earl of WICKLOW said, that after the de-
claration of the Noble Viscount, that he bad entered fully
into the arguments of the Noble and Learned Lord, he
was no: a little surprised to hear him come to the conclu-
sion he had stated, for if ever, as it appeared to him, there
was an argument strong and cogent in favour of a proposition
it was that which had been adduced by the Noble and
Learned Lord opposite, as well as by the Noble and Learned
Lord on his left -hand, the other evening, in favour of
the amendment proposed by the Noble and Learned Lord
opposite (Brougham). The answer of the Noble Viscount
was anything but convincing, because who could believe
that this was not doing an injustice but a benefit to the
colony? If their Lordships passed this Bill, they were
about to do that which would be adopted as a precedent
with regard to other weak Governments, and this great
country would be prejudiced in the highest degree. This
was not only a violation of principle, but it was a gratuit-
ous insult to the colony of Jamaica. He should certainly
support the amendment of the Noble and Learned Lord
opposite, and, if necessary, he should feel it his duty to
enter as strong a protest as he could against so unjust and
so uncalled for a resolution.
Lord CL ONC UR RY was glad to hear the statements
which had just been made. Twenty millions of money
had been paid that the negrocs in our colonies should no
longer be kept as slaves, and nothing ought to be done to
frustrato the fulfilment of that agreement. It appeared to
him that many of the Members of the House of Assembly
were desirous of acting the part to the negroes that he
was sorry to see some of his own countrymen seemed to be
disposed to play towards the people of Ireland. There
was a Committee of their Lordships bitting on the affairs
of Ireland. He bad been put upon that Committee with-
out being consulted. He protested against the Committee
altogether. It appeared to him that there was a great
similarity between the proceedings of that Committee in
reference to Ireland, and some of the Members of the
House of Assembly towards the nogroes. He should
therefore support the Noble and Learned Lord's
amendment.
The Marquis of NORMANBY begged to remind their
Lordships that the House of Assembly had not only pro-
tested against this Bill, but that they had protested against
the Act in aid last year. He felt the objections which
had been urged as strongly as any body, and he thought
nothing but the emergency could justify the present
proceeding.—( Hear, hear.) If it were said that this
was the first time such a proceeding had been adopted,
it ought to be remembered that it was the first time such
an emergency had arisen. The public service in Jamaica
must be provided for, and how was it to be provided for
when the House of Assembly had abdicated its functions ?
Unless the expired acts were renewed, it was impossible
the Government of the Colony could be carried on. Be-
sides, looking at the expenses that were to be provided for,
and contrasting them with the probable revenues, it was
to be remembered that at this time there appeared to be
no provision made for the repayment of a debt due to this
country of 200,0004 which would become payable in
three years hence. The Police tax was very necessary,
and the army pay nobody would dispute being a proper ap-
propriation, in short, all the expired Acts were necessary
to be renewed. He would beg to remind the Noble and
Learned Lord that every one of the expired Acts applied
money, and therefore, in that respect, no new principle
was about to be introduced ; but if the amendment of the
Noble and Learned Lord was carried, it would strike out,
with the exception of the Clergy Bill, every expired Act.
He would not agree to the motion of the Noble and
Learned Lord, because it would exclude the very Acts of
which he spoke. He ( Lord Normanby) trusted their
Lordships would not refuse their consent to those enact-
ments which were necessary for the public service in the
Colony.
Earl ST. VINCENT was understood to say that the
payment of the army had been hitherto a voluntary act in
the Colony ; now the proposed clause would make it com-
pulsory.—( Hear.) He was most desirous that their Lord-
ships should proceed in a concilitory spirit towards the
House of Assembly. He did not want to oppose the pre-
sent clause.
The Marquis of NORMANBY explained.
Lord BROUGHAM was anxious to prevent an impres-
sion from reaching Ireland, which trust be the case if he
did not at once correct what a Noble Lord behind him had
said respecting his (Lord Brougham's) motion; for the
Noble Lord was a good landlord and an excellent man,
and therefore must have great weight with a people so
generous, and of such easy faith towards those they liked
as the Irish. His Noble Friend had described his (Lord
Brougham's) motion as a Bill for carrying into execution
the Act for emancipating the negroes. His Noble Friend
was quite right in saying that ne had not attended to all
the details of the Bill—( Hear, hear, and laughter)—but if
lie had said that he had not attended to any of them he
would have been more correct.—( Hear, hear, and laugh-
ter.) Really the present clause had no more to do with
that measure than with the Irish Committee.—( Laugh-
ter.) But his Noble Friend having said that the Irish
were like the negroes, and their landlords like planters,
then by a most ingenious turn compared the present Com-
mittee to the Irish Committee. Another Noble Friend
of his said that if he (Lord Brougham) who abjured
all party motives—were acting upon a party principle, he
could perfectly understand him—but as that was not the
case he had not a word to say.—( Laughter and cheers.)
If he ( Lord B.) were acting from party motives now, he
would leave the second clause just as he found it—for
others it would be a complete triumph of party, it being
nothing less than Sir R. Peel's amendment to that Bill of
the Government which was lost by a majority of five in the
other House, and for that reason, if the Noble Marquis
would only leave the clause as it now stood, all the Noble
Lords opposite would be sure to vote for him.—( Laugh-
ter. ) However he ( Lord B.) would not withdraw his amen-
ment.—( Question, question.) The Noble and Learned
Lord then pressed his amendment, which was to the effect
that the clause, though authorising the appropriation of
money by the Governor and Council, should not extend
to the continuation or renewal of any Act for the raising of
money.
The gallery was cleared for a division, but on our re-
turn we learned that the amendment was negatived with-
out a division.
Their Lordships then:adjourned at Twenty minutes past
Six o'Clock.

HOUSE OF COMMONS, JuLr 4.

The House was formed to-day at Fcur o'Clock, by the
Deputy Usher of the Black Rod summoning the House to
hear the Royal Assent given to several Bills, for which see
the Lords' report.

The Committee on the Manchester and Birmingham
Extension Railway obtained leave to report until the 15th
of July.
On the motion of Sir E. KNATCHBULL the Lords'
amendments to the South Eastern Deviation Railway Bill
were agreed to.
Petitions in favour of Mr. R. Hill's plan of penny
postage, were presented by Mr. Bainbridge, from a place
in Somersetshire ; by Mr. Stanley, from East Cowes; and
by Mr. Leader, from the Belgrave Literary Institution.
Mr. LEADER presented a petition from Henry He-