The Sun.
London, England, 1839-06-29 00:00:00

IMPERi

lAMEN T

HOUSE OF .LORDS, JUNE 28.
) The LORD CHANCELLOR took his seat on the Woolsack
at ten minutes past Five o'Clock.
The Earl of R OSE BE RY presented a petition from
the Chamber of Commerce, Edinburgh, and one from a
parish in Linlithgow, in favour of Mr. R. Hill's plan of
penny postage.
The Duke of RUTLAND :roved for certain returns
relative to the state of agriculture in the counties cf Cam-
bridge and Lineoln.—Ordered.
BILLS OF EXCHANGE BILL.
The Marquis of LANSDOWNE moved that the
words " Goods, Merchandise, Warrants on Bills of Lad-
ing" be added to the clause, which was done and the Bill
was passed.
Mr. CEESSWELL, Mr. PRINGLE, and others, from the
Commons, brought up several Bills which were severally
I read a first time.
The Bishop of EXETER presented petitions from the
dioceses of Peterborough and York against the Church
Discipline Bill.
The Earl of ZETLAND presented two petitions from
Orkney, praying for an extension of the Church of Scot-
land.

Tke Marquis of SALISBURY begged to ask when it
was intended to move the second reading of the Prisons
Bill.
The LORD CHANCELLOR, after some conversa-
tion, appointed Thursday week for that purpose.
The Bishop of LONDON presented several petitions
against the government plan of national education ; also
one praying that public-houses might be shut up from
twelve o'clock on Saturday night till a certain hour, say
three o'clock, next day. Such a plan would meet with the
approbation, not only of the public, but also of a great
majority of the publicans themselves ; and one from the
Clergy of the Arelideaconry of Colchester, against the
Church Discipline Bill. He could not agree with them,
and such alterations were likely to be agreed to in Com-
mittee as would do away with opposition.
Lord BROUGHAM said with regard to public-houses
being shut or. Sunday, he believed if it were made general
it would do much good and would meet with very little op-
position from the publicans generally.
The Bishop of LONDON hoped the Noble and Learned
Lord would frame a clause for the purpose, as it would
need much legal knowledge to do so, so as to avoid
objection.
Lord BROUGHAM said the only objection to that
was that anything of the kind would meet with much oppo-
litiou in another place; lie did not say, however, that he
would not turn his attention to the subject.
Lord REDE SD ALE presented three petitions, pray-
ing for further extension of the Church in Canada.
JAMAICA BILL.
' The Marquis of NORMA NB Y said he understood
there was some objection to taking the second reading of
the Jamaica Bill pro forma. If it was to be postponel
till Monday he hoped there would be no objection to take
t a Commit' ez on a; early a day as possible, as it was de-
ferable that the question shonld not longer remain open.
The Earl of HA RE WOOD said he must oppose the
second reading of the Bill that night, but would throw no
obstacles in the way of proceedings after.
Lord BROUGHAM said the second reading would be
taken on Menday. He had an important motion for Tues-
day. He certainly in:ended to press his Education Bill,
but he felt it would be much more convenient to have the
whole Jamaica quesfon together; he would therefore post-
pone it till Tuesday week.
The Marquis of SALISBURY begged to know what
course the Noble and Learned Lord intended to take with
respect to the Beer Bill. He saw, from what took place
last night in another place, they were going to have an-
other and a different Beer Bill.
Lord BROUGHAM said lie knew but little of what
was intended or would be done in another place—( A
laugh) —but:his intention was to pass the whole measure if
possible; if not, to pass as much of it as passible. Their
Lordship; must do their duty, let others do as they pleased.
The Marquis of NORMA NB Y—Then we hear Counsel
to night, take the second reading on Monday, and go into
Committee on Tuesday.
Counsel were then ordered to be called in.
Mr. BuagE their appeared at the Bar, and said he bad
the hocour of appearing there on behalf of the Assembly
of Jamaica, and t;.e people whom they represented.
against a Bill which would be a violation of their consti-
tution and would be an infliction of the greatest evil upon
them. Before 1728 the Executive Government attempted
a violation of the Constitution of Jamaica; but it'inust be
said of the House of Commons of that day, whatever might
be said of the present, that they would not agree to it.
The course which the House of Assembly adopted in 1838,
and which was the pretext of the attack now made upon
it, was the same as that which former Parliaments and
Governments justified. In 1765 the House of Assembly,
under the Chancellorship of Mr. Littleton, feeling its
privileges invaded, refused to legislate. Mr. Littleton
was recalled. Mr. Ellison succeeded him, and fully
justified the conduct of the Assembly, which had then •
ceased to sit for two years, and revoked the decisions
of his predecessor. In 1808, at the commencement of the
Governorship of the Duke of Manchester, the Assembly
summoned General Carmichael to give evidence before a
Committee. The General refused to attend, the Governor
concurred with him. The Assembly denounced the act as '
a breach of privilege, and refused to go to business until
reparation was made. The Duke prorogued the House,
but the Government at home being consulted, supported
the Assembly, and the Duke was ordered to convene the
Assembly again. In 1836 the Marquis of Sligo inter-
fered
with the freedom of debate. A cessation of business
was the consequence, and the Marquis was obliged to
snake reparation. In all those cases reparation bad been or-
nerei, and had been met more than half way by the House of
Assembly. In 1838 the House of Assembly did no more
than what it bad successfully done on tornaer occasions.
Consider the importance of Jamaica. It contained more
than half the population of the West Indies. Its exports
to England amounted to 4,000,0001. a 3ear ; its imports
from us to 3,000,000/. It was, in the words of a distin-
guished officer, the brightest gem in the British Crown.
Let their Lordships now consider what were the circum-
stances under which they were called upon to transfer the
legislative power of the House of Assembly to a Governor
and Council and paid Assistants, who should have the entire
r control over the revenue of that great colony. The Learned
Gentlaman then went into the history of the Bill, which was,
unavoidably, scarcely other than a repetition of his speech
before the House of Commons as already reported in The
Sun in ti e course of the eebates on the Jamaica Bill. He
thin contended against the error that legislative assem-
blies were inconsistent with the rights of a free people.
For practical contradiction be referred to the United
States of America. It was a mistake to suppose the
Assembly of Jamaica was unchecked. It was checked
r in tle colony by the Governor and the Council, and at
~ home by the Ministers in Downing-street. The present
Bill, no !ass than the former, would destroy the representa-
tive respectability and independence of the House of
Assembly. If the colony were to be governed by Orders
in Council, then Jamaica would have the advantage of
being governed in effect by an expert legal gentle-
man in the Colonial Office, who would have to draw
up those orders, and would most probably have no more
knowledge of Jamaica than what lie might derive from a
perusal of the map on the walls of his office. This Bill
would certainly introduce Peyning's law of 1687. There
were insurmountable objections to the first clause, but to
the second clause there were many additional objections.
The Bill was against the spirit of the statute, 18 Geo.
111. cap. 12, which promised not to impose burdens
on the Colonies except througlf their representatives.
What pretext was there for proposing this Bill, which he
considered to be a punishment on the freedom of Jamaica ?
Nothing whatever was stated in the preamble that at all
justified such a measure. The Learned Gentleman having
at very great length narrated the circumstances, and the
proceedings of the Imperial and Jamaica Legislatures,
which had led to the introduction of the Bill before their
Lordships, contended that it was a far more severe measure
than the former, because it tended to make the Legislative
Assembly work its own destruction. It was a fact that
the Baptist Missionaries had done much to produce the
present disturbed and unhappy state of Jamaica. These
gentlemen had persuaded the negroes, in many instances,
not to sign contracts for work. The proposed system of
legislati:n, which wou'd supersede what had worked so long,
added to the present contused state of the colony, would
produce a social wilderness, that must deter enterprising
settlers from resorting to it. The Learned Gentleman then
specified a multitude of local Acts, and dwelt upon the con-
flict that must ensue between those and that proposed. He
protested almost as strongly against a modification of the pro-
posed Bill, as against the measure as it stood at present.
The Bill would destroy the moral influence over the inhabit-
ants, especially the negroes, making them deem that the
Imperial Parliament del not think them worthy to be en-
trusted with the Representative Government of Jamaica.
The result of it would be that capital would be withdrawn
from Jamaica, and the country would become a desert
and a scene of ruin. The Learned Counsel concluded by
saying, that if their Lordships acceded to the proposition,
and postponed legislating on this subject fur some months,
they would show that in their legislative, as well as
judicial capacities, they were the sanctuary of justice, and
prayed their Lordships to reject the Bill.
Mr. Sergeant Meeeweeuen then addressed their
Lordships on behalf of the planters and Jamaica proprie-
tors resident in England. He thought he might assume
that his Learned Friend had satisfied their Lordships
there was in the Assembly of Jamaica an inherent right
of legislation. A snore wanton or unnecessary interference
with the rights of a Legislative Assembly ha had never
witnessed than that which was sought to be accomplished
by this Bill. He contended the Jamaica Assembly were
perfectly justified inset:a course they had adopted. By
this Bill a Constitution was to be annihilated without in-
quiry and without evidence. There was nothing
before them but the suggestions in the preamble,
which remained wholly unproved, and no Bill
had ever been brought forward upon which less informa-
tion had been afforded. The second clause was open to
all the objections that could be urged against the first. It
was unnecessary and uncalled for, and was directly con-
trary to the legislative charter of the colonies, which
exempted them from the taxation of the mother
country, viz., the 18th of George the
~ Third.
Whether interfering with taxation in Jamaica crotild produce
similar results to those produced elsewhere, cr the ascen.'.
lacy of a particular class should be followed by results like
those which had already taken place in A neighbouring
island, he should not now attempt to anticipate, but he
would advise their Lordships to be warned by what was al-
ias-de written in the page of history. He thought it would
be a greavbardship that the revenue of Jamaica, which was
about 300,0001., should be disbursed by a Governor and
Council not connected with the population of the island.
His chief argument was there was no necessity for the Bill,
and that it was neither supported by the preamble nor by
the clauses. The Learned Sergeant then withdrew, and._
At a Quarter past Ten o'Clock their Lordships aljoarned
until Monday.

110 CI SE OF COMMON S, JUNE 25.
The SPEAKER took the Chair at the usual hour.
HULL DOCK BILL.
Sir W. JAMES was sorry to be again under the neces-
sity of calling the attention of the Howie to this Bill.