The Sun.
London, England, 1838-04-03 00:00:00

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LONDON :
TUESDAY EVENING, APRIL 3, 1838.

The question of removing the decision of controverted
elections from the jurisdiction of the House of Commons
was discussed last night, but not decided. Sir ROnEaT
PV Et., who a few weeks ago felt inclined to doubt the pro-
priety of retaining it, was last night quite convinced that
it was not desirable for the House to part with its jurisdic-
tion. His decision seems to have been wholly grounded
on two circumstances—that the House has for a long
period claimed and exercised the jurisdiction ; and that
the Crown formerly attempted, in the reign of ELIZABETH,
and in the reign of JAMES 1., to give the jurisdiction to the
Court of Chancery. To the first the answer is that the
House of Commons has of late proved itself completely
unfit to exercise this jurisdiction ; and that to place it in
a large popular assembly, the members of which are all
struggling for ascendancy, must always lead to partial and
unjust decisions. Reason and experience coincide in de-
monstrating that the House of Commons, though it have
long possessed the jurisdiction, ought not to possess it.
To the second argument the answer is, that 234 years
have elapsed since the Crown made the attempt.
and if that period be not a sufficient guaran-
tee that it will not renew it, let us ask what
length of time will he sufficient to enable us to
form just conclusions as to the possible usurpations
of a Monarch ? Since the attempt was made, let it. also
be observed, the power of the Sovereign has very much de-
cayed. He cannot act except by responsible Ministers ;
and in practice those responsible Ministers are appointed
and controuled by the House of Commons. Sir RosFaT,
then, prefers the shadow to the substance, words to
things, and precedent to reason, when ho gravely
argues the possibility of the Ministers, who are the

servants more of the Commons than the Crown, now doing
any thing to which the majority of the Commons is op-
posed. We look on Sir Ro➢ERT'S objections to removing
the jurisdiction from the House of Commons as futile and
unworthy of extended refutation.

There is indeed a difficulty in the present state of the

law, of appointing any tribunal to administer it. In fact,
it is a great jumble of contradictory decisions, which to
be called law is a disgrace to the country. Why all
the circumstances relating to Parliamentary elections which
concern the political rights of the people should not be
settled and defended by laws, not privileges, like the remo-
val of paupers or the election of Common-Council men,
and why they should be left to the arbitrary decisions of
Commit tees of the House of Commons, is only to be ex-
plained on the old Tory principle, that the people are in-
fants or slaves, of whom the masters or guardians assem-
bled in Parliament arc to take care. Such a principle,
was tolerable before the Reform Act passed, but that
recognised rights and power in the people, and it is
rather for the constituencies, therefore, than the represen-
tatives, to decide questions of di,puted elections, or who
shall represent them, if that duty, in doubtful cases, cannot
be performed by an impartial and judicial tribunal. Sir
ROBERT suggested a plan which, we believe, will be as fu-
tile, and more liable to suspicion, than any one yet sug-
gested. He proposes to place in the hands of four or
six Members, appointed by the SPEAKER, the power
to choose all Election Committees ; but there is not
four men in the House of Commons, and there never
will be, not liable to suspicion and doubt in the performance
of a duty which will give power to a faction and a triumph
to a party. Either the Judges, or the Constituents, not the
Representatives, are the proper persons to decide contro-
verted elections.

In the House of Commons, last night, Mr. JAstus
SztwAvr, the Member for Honiton, gave notice tliat in
the Committee on the Slavery Abolition Act Amendment
Bill, he will move that the total abolition of Negro ap-
prenticeship in Jamaica shall take place on January 31st,
1839. This is the intermediate step to which we have
alluded, and we presume Mr. STEWART is the Member of

whose intentions a rumour had reached us. Mr. STEWART

is not much known, and we cannot therefore judge of his
capacity for undertaking this question ; but if it be
brought forward with ability, it is likely to obtain

the sanction of the nous; of Commons. There is
some propriety in restricting the motion to Ja-
maica, and some greater chance of its success,
because most of the cruelties recently brought to light have
been perpetrated in that island. Although such a result
would be far lass satisfactory to the friends of the Negro
than the total and immediate abolition, to strike off nine-

teen months from the unexpired term of slavery for all the
predials ofJamaimit will be great gain to humanity. While
we agree with the Delegates that it would be wrong in
them to be satisfied with anything less than immesliate and
complete emancipation, still we think it will be prudent
and wise to accept and to promote all measures which tend,
like that of Mr. STEWART, to the accomplishment of their
humane and just desires. On questions of right and wrong
we are for no compromise ; but on questions of expediency

—and all political questions are of that nature—we are
always disposed to take into consideration the opinions, in-
terests, and wishes of others. For any class of men to insist
on carrying their own particular projects of government
into effect, however much they may appear to he
recommended by principles of justice and humanity, is but
Toryism or despotism disguise. Now for the first time
since the Abolition Act was passed has any question been
raised in the public as to its efficiency, or any facts
brought prominently forward which prove the continuance
of much cruelty by the planters. On the first re-agitation
of the question however, thanks to the zeal of Delegates
and friends of the negroes, no less than 215 Members of
the House of Commons were found to vote for the total
and immediate abolition ; and the partial abolition to be
moved for by Mr. STEWART will unquestionably be more nu-
merously supported. If some Members were recreants, many,
and more indeed than we expected, were true. Already
great advantages have been gained, and still greater aro
promised. Thanks then to the exertions of the Delegates,
and if they continue to act prudently and calmly, complete
success must crown their labours.
Another notice on the same subject was last night
give❑ by Mr. LANGDALE. In the Committee on the
Bill he is to move that negro apprenticeship shall totally
cease in August 1840. The humane object of the Hon.
Member is to put an end at that period to the apprentice-
ship of those who, having been left orphans, are, ac-
cording to the Abolition Act, to remain apprentices till
they reach, we believe, the age of twenty-one. We
infer from Sir GEORGE GREY'S observations that the
number of such persons is not great, but it may be
proper to ascertain it, and limit the period as much as
possible.

The report of the proceedings in the Court of Aldermen,
on Saturday, which we elsewhere publish, will be interesting
to all the coal consumers of the metropolis. It frees the Al-
dermen, in a great measure, from the imputation of having
neglected their duty, and places in a striking light the