The Sun.
London, England, 1825-06-17 00:00:00

PARLIAMENT.

HOURE OF LORDS, THURSDAY-, JUNE 16.
Mr. Luslitiscvrart and others, from the Commons, brought
up a Bill for regulating the Printing of the Votes anal Journals
of that House, and several private Bills.
COUNTY COURTS BILL.
Earl FITZWILI,I,43I presented a petition from the Pro.
thonotaries of the City of York, claiming a compensation,
if the County Courts Bill passed into a.law.—Laid on the table.

_
QUARANTINE LAWS.
Lord -KIN° presented a petition from Dr. VLean,-against
the present Quarantine System. The Noble Lord observed,
that the petition deserved the serious attention of their Lord-
ships, as it came from one who must be acitnowledgtd to be a
very ardent searcher after truth, even if he were not right. H e
would not, however, detain them by going into all the details
of the petition; which prayed fur a revision of the present laws,
On the ground of their being founded on the belief that the
1,4401 e depended on cdntagimu-,a doitrine which many emi-
nent physicians regarded as founded on ptejudice and igno-
rance. 'fhe petitioner was one of those who contended that the
plague was epidemic, not contagious. This. quesnon had been
referred to the College ofPhysicians, but he did not.think...that
the best mode of getting a question of difficulty solved. -That
learned body probably had, like some others, a great dislike
to innovation, and would, no doubt, very willingly swallow the
whole 39 article in one bolus. lie did not think these persons
the best men to reform physic, any more than he would think
lawyers the best men for reforming the law. He would just
as soon apply to the Archbishop of Dublin for the reform of St.
Athanasius's Creed, who, on his_oath before a Committee of
the House, had declared that that creed contained no damns-
tory clauses, but was merely a parenthesis from one end to the
other. Whatever their Lordships might think of this quarantine
question, it appeared to him that a very sore disease, whether
contagious or epidemic he could not determine, afflicted the
House. Their Lordships met every day to hear causes, not to
determine, at ten o'clock ; and the suitors by whom the House
was beset, called the disease the-plague of indecision. This
disorder was very prevalent in the House. On Monday last
the Noble Earl opposite was very seriously affected by it. He
stood between the fire and the woolsack in the very line of the
draught of indecision. He then came towards the table to
speak on the Canada Corn Bill, and immediately the Noble
Earl found himself seized with this epidemic of indecision. He
first proposed live years for the.period of the Bill ; by and by
he stink down to three years ; and lastly, to one year. To
show, however, how- different the epidemic was from a conta-
gion, or- animal poison, the Noble Lord soon recovered. He
went to dine with the Chancellor of the Exchequer and the
President of the Board of Trade, who had not been'affected
by the disorder, but stood firm. With them he got rid of his
epidemic indecision, and promised to carry his Bill through
the House. The Noble and Learned Lord, too, could get rid
of his indecision on certain questions. There was a good air
as well as a bad air, and there was no want of decision against
the Catholics. The Noble and Learned Lord doubtless thought
that the Vatican was full'of contaminated air t: but if he went
there, and could see how well the system worked—that every
thing was done snugly without the interference of any com-
missioners of inquiry, he was sure the Noble and Learned Lord
would no longer exclaim " No Popery !" but would with all
his heart cry"'O ! Popery !"
The LORD CHANCELLOR did not rise to oppose the
petition, but merely to say, that if a plague was to be removed
from that House, he could very easily tell their Lordships what
its name was.

The Colonial Intercourse Bill, and the Duke of Cumber-
land's Annuity Bill, went-through Committees.
The Marquis of HASTINGS gave-notice that he would to-
morrow introduce a Bill fur the purpose of explaining and de-
fining the Act of the 13th Geo. 111., relative to the limitation
of the rate of interest on Loans made in India.

Lord BEXLEY presented a petition from the City, praying
to be again heard by Counsel against certain parts of the Equi•
table Loan Bill.

After a few words from the Earl of LAUDERDALX in its
support, and from the Duke of AT tioLL against it, the petition
was laid on the table.

The Marquis of LANSDOWN presented a petition from
the Chamber of Commerce of London, relative to the Law of
Merchants' Bill.—Adjourned.

HOUSE OF COMMONS.

Mr. CURTEIS presented a petition, signed b 7 all the Ma-
gistrates names had been improperly affixed to a pen-
ghton
_division of the county of Sussex, com.-
tion,nswt
which
Brighton Improvement Bill. They prayed the
Pgirnaitnegs*tochhfatthhteandßeirri been signed by twelve obsure individualt,
House to plinish the authors of an imposition which had led
the House to reject a very useful and salutary Bill. The Hon.
takeo ttie laantyen
owing
House tot r
et
sh e
against session
the h e
offending parties. He would, however, give notice, that early
should not
ot said, 0 v tehtahte
in the next session he would move for the re-introduction of
this very Bill.
PETER'S DIVORCE BILL.
lateness
seaosuf
The House then went into a Committee on Peter's Divorce
Bill, Witnesses were examined, and the adultery proved ;
after which the House resumed, and the Report of the Com-
mittee was biought up.
ALLEGED OPPRESSION OF LORD CHARLES
SOMERSET.
Mr. BROUGHAM said that he had a petition to present
from Mr. Bishop Burnett, of the Cape of Good Hope, which
stated sundry proceedings regarding the government of that
colony, which were highly deserving the consideration of the
House. He would open to the House the facts stated in the
petition, and would then beg leave to lay it on the table, pre-
mising thus much—that he did not intend to make himself
liable for the truth of the petitioner's statements. He had,.
however, made such inquiries of the petitioner respecting his
statements as had convinced him, from the „tests to which he
had put the petitioner's accuracy, that he was at least consistent
in the story he told. He would state the facts of the petition
as they had been stated to him, and would then leave the House
to deal as it chose with the allegations of the petitioner. The
petitioner stated, that in the year 1820 he went out a settler to
the district of Albany, in the Cape of Good Hope; that he ex-
pended a considerable capital in the cultivation of that district,
and that he was encouraged so to expend it by the Colonial Se-
cretary, who assured him that he would receive the utmost as-
sistance, provided he did not burden the Government with the
expence of transporting a party of settlers in aid of his under-
taking. The petitioner further stated, that he expended more
than 20,000 rix-dollars in prosecution of his designs, and in
order to show the House the lucrative nature of the speculation
in which he employed it, declared that he had been offered from
7,000 to 10,000 dollars as the estimated gross produce of his
first year's returns. The petitioner said that he had to complain
of the proceedings of the colonial courts of law. Ile stated that
he had been engaged in a suit at law with one Robert Hart for•
sale
the t h
petitioner
petitioner's
went
nt pro-nnthe recovery of 90(1 dollars ; that Robert Ilart proceeded
through forms of law with which he was utterly unacquainted
to judgment against him, and that in consequence of that judg-
mpeerntyt.heTprheep
jauredilgrntoenmtawk
ae s a f o lo publicw d
up,of
to say, by a publication of his insolvency, thought he had at that
time a bona Ale claim upon the. Commissariat for forage he
had supplied to it. The petitioner further declared that the sale
had been as arbitrarily suspended by the Colonial Government,
as it had been illegally threatened, and that in spite of every re-
monstrance he had made on the subject, the affair had remain-
ed in abeyance for two years, notwithstanding the public judi-
cial declaration of a Commission of Circuit that these proceed-
ings were in error, and that the petitioner Was no, insolvent.
The petitioner then tftatetl, that he instituted proceedings both against Robert Hart and the public sequestrator, for their at-
tempt to ruin him by a false declaration of his insolvency ; but
that he found the proceedings of the Commission of Circuit so
illegal and corrupt, as to convince him that no redress was to
be obtained from such a quarter. He found that he had not-
only to struggle with the corruptness of the Courts, but also
with the decided.entriity of the C.olonial Government ; in short,
that Lord C. stnerset was his decided personal enemy.—
(Hear ! )—The petitioner considered the cause of that enmity to,
be a great
fear on the part ofstlie Governor lest there
the 'Commisasio should be•
a scrutiny into his conduct by
Good Hope,
of I_n tin.e
who had been'sent out to the Cape of Good Hope, and a WI
to get rid of a person who could give each strong evidence •
against him as the petitioner. The petitioner afterwards
pro-
ceeded to state,. that he found it his duty. to
represent Governor, his ease
in a memorial to his Excellency the with a bona
fide
view of obtaining inquiry and redress—a proceeding which he
laws of all civilized described to be warranted by the states,
and especially justified by those of his native country. His Ex.

celiency, however, not only did not inatitute at), inquiry into
the merits of the charges -which the petitioner brought against
the Commissioners, but absolutely treated his petition after the
precedent of James 11. Yes, this petition, or memorial, or
rx-
presentation, or remonstrance, was absolutely treated by his Ex-
cellency the Governor as if it had been a• libel'on -the Govern-
ment, and W3l by him placed in the hands of the fiscal, with or-
ders to have it prosecuted as a libel. Now, if this fact were true,it
was a good ground of impeachment against Lord(;: Somerset.:_.
(Hear !)—That was his opinion as a lawyer, and he had no
doubt of its correctness.—(Hear!)—His Excellency the. Go-
vernor, according to the statement of the petitioner, put-this Me-
morial into the' hands of the fiscal, with orders to -commeirce
criminal proceedings thereon, and a prosecution for libel was be-
gun accordingly. The petitioner stated, shit " a 3 no /ei loci
WHY applicable to his case, as there was rinEnglish statute nor
Dutch decree, nor even summary enactment of a Cape Procla-
mation, the fiscal obtained his conviction upon his owe war.
ranted assumption of Roman practice"--which Roman prac=
tire, said Mr. ham, if it allude to • the lea regia, is the
most arbitrary of amoenting in'one stage of it to
the infliction of capttal punishfitent—‘` both contrary to the
laws of the ten tebles, of the pandects ofJustinian, the acknow-
ledged breves of that code by which the ilataviati Republic and
its provinces had -hitherto been governed." The result of the
proceeding was, that the petitioner was sentenced to five, years'
banishment froth the colony for presenting a memorial to his
Excellency which it was his duty- to receive. There was a libel
issued' against the Viceroy, which was foul and scandalous, and
grounless as any charge could be. An attempt was made to
-fix this libel upon the petitioner, wkowas as incapable of such a
thing as the Governor-General was of the atrocious practices to
' which tharlibel referred. But who did the libeller turn out to
be ? Why a Mr. Jones. Now he begged the gentlemen of the
' principality not to grow warm at that name, for this Mr. Jones
proved to be no other person than Oliver the spy, who had.
obtained the patronage and influence of the local govern:
meat. Why should he not ? He enjoyed the influenced and
patronage of the Government at home, and he deserved it
equally wellinhoth places. There was no doubt that Edwards
might be there too, and Castles, for they also had entitled there-
selves to the favour of the Government.. Certainly Mr. Oliver
was there"; .and in the pursuance of-his former practices, he
chose this method of stinging the. Governor. The peti-
tioner's charges were in one Instance against the whole
body of the judicial institutions. The complaint was, that those
institutions furnished no adequate securities to the enjoyment of
personal liberty and the rights of property; The 'petitioner also
complained of the management of the Commissariat department
because, instead of an open bidding for the supply of the rations
for the troops, the business was settled by a private tender. The
consequence was, that 23 stivers and a fraction were paid to the
bailiff of the Governor's establishment for rations, which the
petitionersays he would have gladly supplied at 10 stivers. lie
confessed that to himself and his colleagues about him this and
the following charges looked and savoured too much of profit—
they had, as it were, too lucrative an aspect. The next charge
was relative to the exchanges of money, which were observed to
run peculiarly in favour of his Excellency's arrangements, ac:'
cordingly as his affairs required them. Whether he had to draw:
or to remit, he was sure to be equally fortenate with the ex- '
changes. In cases of appeal to his Excellency from the tribe,
mils, little good was to be expected, according to the petitioner,
from the present administration of that court. A Dutchman of
the name of Dune had succeeded in causes wherein he was ap-
pellant to his Excellency, " shortly after the purchase of one of
his Excellency's horses for 10,000 dollars, which died after pay.
meat, and before delivery from the stables." He wished the
House to consider this transaction. Ten thousand dollars for
one horse! Why this was the dearest horse that ever was known
since the horse of Troy ; and it ought to prove as fatal either
to the petitioner or the Governor as the contents of that renown-.
ed wooden horse did to the people of Troy. And then the Go,
vernor's horse died before delivery, and after paprient. there'
was eernething peculiar in the nature of these things, which re-
quired explanation. Surely it ought to have been the very
paragon of horses to cost ten thousand via -dollars. Why, ac-
cording to his Hon. Friends about him, that would be between
2,0001. and 3,0001. sterling—a sum which he had never heard
of as the price of a horse, except for some of those extraordi- •
nary and valuable creatures that wori the plates. However, to
comfort the Dutchman, who might be supposed to have gone
about grumblin at his bargain in low Dutch, his Excellency
was thought to have said, " Bring your appeal, and I will give
the cause in your favour." He did not think the Governor
capable of a twentieth part of the charges generally made against
him ; but if he were justly to be suspected of one half of these
.....if he (Mr. Brougham) believed that there was evidence to
support one half, he should feel it to be his duty as a Member
of Parliament to bring an impeachment. It would be seen how
far the House inclined to protect him from . the inquiry. He
would move, in thefirat place, for leave 'to bring up the peti-
tion. He took that opportunity of saying that the Commis.
sioners appointed to inquire into the affairs of that colony had
been a long time-making their report.
Mr. W. HORTON thought that there was a want* of the
usual personal courtesy shewn to him in not informing him of
the intention of the Hon. and Learned Gentleman to bring up
this petition. He was happy that he chanced 'so be present.--
Any portions of the correspondence with his Excellency Lord C.
Somerset might be obtained, as he would make no opposition
to any proper motion submitted for that purpose. The case of
the petitioner was a matter of some notoriety, and in all pro-
bability the report of the Commissioners would contain much
reference to it. As to the production of the report, there were •
circumstances which had tended to delay it. Mr. Biggs lied
been sent out to review the judicial institutions, with the de-
sign of assimilating at the earliest possible period the Dutch ;
and. English law. The health of Mr. Biggs failed, and that
object was delayed. As to the abuses of the Commissariat, he
had heard nothing of the charges before. Aa'to the exchanges,'
Government, by a-late regulation, had taken away the possi-
bility of any suspicions of unfairness in future. Hut if the
charges were true, in God's name let them be regularly made
and proved. Upon the subject of appeals, and the aneedote of
Dune's horse, he cautioned the House and the country not to
give full credence without more evidence. There seemed to be
a certain degree of conspiracy prevailing against Lord Charlee
Somerset. But the petition professing to be against. the Go-
veruor went against the constituency of .all the' udicial eutho.:.
rities, and it was unfair not to distinguish-in such a Comlaint'
between the acts of the Governor and the defects of thej)utch
law. He was not responsible for the want of facilities for com-
plaints against the law and authorities before the ConiniS-
sioners. They were sent out to inquire, not into every case 'of
grievance, but to discover the easiest and safest method of brine.;
ing about a speedy amelioration of the whole system of govern-
ment in that colony. The House ought to be aware of peti
tions urged on individual suggestion against persons holding
high and responsible situations under the Government, and
within the regular controul of Parliament. -
Mr.- -BROUGHAM said, that he woiald'take an early op-
portunity of putting the sincerity of-the nom Gentleman to the
test, in his:offer to produce the correspondence. Would he, to
begin the experiment, produce the correspondence of Sir Ru:
fane Dunkin ? He should very much like to Nee the correspond-
ence-of Sir Rufane -Dunkin with Lord C. Somerset produced.
If after this it were refused, he should knOw what to think.
Mr. W. HORTON declared that -he was utterly uneon;
scious of any correspondence of Sir- Rufane Dorrkin being in
his office, which specifically charged Lord C. Somerset with
any thing.
Mr. BROUGHAM said, that he did not a first believe that
Gevernment would be willing to give up the correspondence.
The Hon. Gentleman chose to qualify it in a manner which he
in his
ittlicecc°harrtgelle'..
(Mr. Brougham) did not, he having only spokensi.,oet
pun; dt
heen Lvw
conductitouoti. sthayei ni
Igo
nth. aciteni t
ticoemntaaninheed
confirmedwahnl
first belief.- „
Mr. BARING said, that the present debate-was a proof of
the bad system which had been set- up for the government of
this colony. Formerly, this country colonized upon a-diffi•rent
coansi. dcoenrantiano: of the'
benefitted by extend-
plan and by giving better institutions, she had established- one
colpriy, the power of which was -likely to transcend -that of any
other state in the world. • Latterly,- -the Government seemed to
have adopted the 'Spanish principle of 'colonies; ' and • a little
them:
despotic system -of government was set'•ntiperentriveririneeteeledeosipv,
icOnogni:tmothiistisntigohneelipresiwviLeathidisorfeerai-oremnpmyrceeosSidtafoitiriotvtehbe;,
stem.
st
Until. some:
in Unman nature'
nrt heoni ;tic gewoot le;
abasesr i this
okiwn;
was
s andwc
chief
roi
rfe Iloonneg,
governor—it there
nhetrhe
em ;wo
not
-that it shouhl continue for any time in exercise without abuttes:'
-11 t. HUME was afraid that there was TIO very iielLfounded
hope of seeing any -report from these Commissioners.'' He h
seen a gentleminfrom the colony very recently,
••••‘, nad-assured
him that there was nothing there but arbitrary and d...„„„.,
power. Any one obnoxious to the Government authorities •
was
removed without difficulty. This petitioner was banished for

- -
fine years merely for sending h a metnarfal.' • th.e Gov:wool
seod-home, erg cOpy of it; OE of l is own proceeciitigs..uTOn'. if?
What grounds did be give. then, for his own sentence? The
Hun. Secretary wuOki tincl-that the opiniprislier4a4ed
minds in the colony. The 10,000 dollars for the lloVerr:or`,
horse were considered there as a moat un4uestionabie
the settling of appeal in favour of the Purchaser..
nistsloOlted Upon themselves ea* persona being undet a corrt,pt
and despotiCigurrntnect. He had entertained some hopes of
Mr, Higgs 4eforo now : recent accounts had almost prove:' tv
him that thdy-were groundless. let the liOn. (;ectlem.itr. ,looy
well to it.' I'roperty would not be embarked in any unde;lak-
ing.brs thoseabores ; while the rights of property and of perSonat
liberty were so much at itake. Oliver; who now called himselr-
in- the 'Office of surveyor of lards. He taa‘ 'COO -
Aid-erabl"powef; and he certainly did nct foil to abuse it. fie
(str: flume) -assured the HouSe that he advanced what he had
offered upon the te.stitnory-of alert whose veracity. had never
been dOuLted.

_ .
. IJr. MAilEltlei urged the necessity of prompt and. effec-
tual inquiry.
•Arr,.•W. 110RTON advised the lion. Alember to nitro fe
such 'papers as he -thoteght necessary, giving the customary
notice. , 1-e was not there to stand up for the system of Putcl;
andr Roman law, which he admitted tv be bad. But the Go-
vernment Had' taken the very course now prescribed. It had
not'ortly Appointed COminiscorters to make a general.. investi-
gation, but it had within -these few moritlis, of its own. free
Motion; elirected'that there should be a Council appointed to
act 'with the Chief Governor, and that tbiy. should take and
remit toinuteir of their proceeding., bringing the colOnV, as far
as they could, into conformity with the system of Indian
vernment.

111 r. ELLICE•said, that Government ought certainly"to effect
a revision of colonial law. Most of the colonies were governed
by some old system now got into disuse in the countries front
which the laws were derived. In 'the French colonies the oil
Bourbon law prevailed, though that was rejected at home
favour of the code Napoleon. And now upon a case of a7y
complexity. even the French thetnselVes could .not agree upon
the proper interpretation of it Another great evil in matters
of colonial law,
.was the fluctuation of 'the Orders in Connell
which stranglyungettled it.-
11Ir. BROUGHAM said that by moving to refer the petition
to a Select Committee, it seemed that he would be doing
,that
which best suited the views of all parties,. Lord C. Somerset
ought not to'be the sport and victirri'of charges lobsi•Wyenti-
latedin this.llDuse. If thAse charges Were untrue, they ought
t 6 beable to punish the authors of such gross mis-statements.
Lord C. Somerset ought to challenge- investigation, and Go-
vernment ought to wish for it. He wanted to have the oppor-
tunity of inquiring for' himself in a Committee. Ili. would
for the present content himself with !laving the petition laid on
the table, and printed.--The petition was as f011oWs:
To the Honourable the Connifons Of the United Kingdom of
Great Britain anti Ireland, ip Parliament aSsembled.
The Petition of Bishop Burnett, of the Cape of Gotid Hope,
Gentleman.
_ _

Most respectfully sheweth-:-That.your.petitioner in the year
1820 was induced .to embark considerable capital, in.an agricul-
tural undertaking in the district of Albany,' Cape of Good
Hope, the progress of which undertaking was greatlyimpeded
by the colonial authorities refusing hint that assistance so libe-
rally extended to the emigrants then lo...ittirig in the district,
contrary to the express assurances of the Under Colonial SeCre-
tory, that your petitioner should receive the utmost assistane4
in the event of his not burdening the Government With the ex.
pence of transporting a party of settlers in aid of his under-
taking:— • -
'That after an expenditure of more than 20,000 rix dollars,.
during your petitioner's first year's enterprize, upon a farm
hired of one Hobert Bart, - for the'cultivation• of green forage,
expressly at the suggestion of Lie tit SoMerset. from -whence,
his first year's returns had been estimated from 70111) to 01001):
dollars, his enterprize was utterly frustrated by partiality lu .
.Cotnthissatiat by' preference. to the military growers of forage,
and by trespasses of the Cape Colonial Cavalry.
.'That your petitioner 'had then recently been the accidental
medium of vindkating the character of Captain Stackenstrom,
lAnddroit," of Graff Reinet, - front aspersion, and rescuing. him.
from a conspiracy, the aim of which was to degrade hint in his
regimenti and displace hint from the magistracy, as a referem7e
to the proceedings of a Court-of Inquiry held -at that. period
upon the conduct of Captain Stackensttom- will clearly 'esta-
blish and that your petitioner in consequence of this occur-
rence became forth*ith obnoxious to the Colonial Government.

That before the expiration of the above" stated period; the
said Robert !fart commenced proceedings at law against your
petitioner for the recovery of 9110 riX dollars, a balance- of ac..•
count (although your petitioner had expended, so much money .
upon his premises), and proceeded through forms of law with
which your petitioner was totally unacquainted to judgment._
Notwithstanding your petitioner had tendered a hone: fide claim
upon the Cominisseriat for forage supplied the Cape Cavalry.
-and thus,recognized by its commander, Captain Somerset,. in
liquidation Ofthis'judginent, it- Was immediately followed up
by a publication of his insolvency, and the whole of his pro-
perty was forthwith advertised for sale. • - .
That the sale was nevertheless as abitrarily suspended by
the Colonial Government, as it had been illegally threatened,
and that in spite of every remonstrance on the subject, on the
part of your petitioner,. •the proceedings in 'this
.instance. were
left in complete abeyance for a period of two years, notwith-
standing the publie. Judicial 'declaration of a Commission of
Circuit about the middle of that period, that these proceedings
were in error, and that your petitioner was not insolvent.
. - That with a'vietv'tO compel something' like deOur. on Vic- .
part of the Colonial tiovernMent, your petitioner,, on' the on,
of the ensuing Commission of Circuit, instituted 'proceed -
ings both against Robert Hart and lie Public sequestrator, fur
their illegal and oppressive conduct in this particular, justify- ,
ing his process more especially from the public declaration 0
theliteteding Cominission,.. that these proceedingswere.4ltt,•-
gether illegal and vexatious. • • :,., • -. •
That your petitioner was universally considered an aggrieved
• and persecuted man; whoM the Colonial. GoVernnient.
_had dc-
tertnined to crush; • but that the flagraney. of its injustice bad,
attained such a degree of notoriety, that-the arrival of the las.,
' Commission 'en. of Circuit was hailed by the Whole. iridepend
, impulation of 'The • district as the certain Periol'uf his•trii.ivipir..
from its fears of a rigid scrutiny by the c.ommisSioners ,of 1:.
qiiity,•if not from -its Judie/Al integrity.. •That'lie proceeding
of tlas•Conimiision were nevertheless a departute-froM the
tates of common sense as well as justice, and, an palpablY par,-
tial and eoirtipt, as- to '
occasion general isionshrnent ian tt iiirii
gust throughout the 'district, and a current of.ittiOn that the
decisions of this -Cominission were 'dictated 'by the ColOtaial
Government •prioi 'to the'illvestigatioh of theit rOative.caseis.'. .
That such invOlVing less.An lilt..
, than the utter demolition of your- petitione'r's pr7peCts'in the
. colony; induced hint; from imperative doty thlnpisOf an,d the: ,
public, -to repteserif his Casein A memorial to his f'..xceNnc:.
the Governor, with a bona fide view or obtaining in.l.iry am:.
redress_a proceeding s: warranted bYttie‘laul di all civii,;zed
' States; and esneCrally justified by thosfr•Orhis native co,ontry. _
„
That hitt Excellency; allogether'tdighting the pr•Lyer,Cf )tea
petitioner'emetnerial, or instituting auy.inquiry into th'epiqit..
Of ' the charges'- he had adduced • against
:the CtatriisOoners„,
placed it forthwith iu the hands of his Alajest'y' Fisall .Wit/i•
orders tia•Corrim'Oce Criliiiiial.tioCpedings thereon, 'r.d.'a. prose, ,
cution- fot.-'liVel was begunaCentdingly. ' That•as niilptitic,i, .
*as applicable to your petitioner"ll4lLe, no rigl,islr statute of '
• DatelidecretVfnor 'even summaryenactinent bra Catie"PrOcli-
enation, his Alajesty's Fiscal'olitained his cenViCtiort upon ihis
own unwarranted assumption of Roman practice, both -mittAry, .
to the lit`wa of the ten tables,--Of the. Pandeeti of qp4iplan, OQ,
acknowledged' bases' of that code by which the INitiiyiiiirtoriei.
.i
public and'iti provinces had hitherth been gcrieined, and Your
petitioner was sentenced. to five years' banishment from
.4he
..
Colony.
That during the course of this. -prosecution, 'wbiohtvakvexa-
•tioitslylyrotracted by,the,illegal retention of papers liccessaty,to,
your petitioner'S 'defence,- his lionse.*Was invided.by,nis:2L.,‘
Jesty,,Fiitai,.and attendants, Under the sanction of his. Ex'cel-;.
• lency's Warrant, and his Paperia:seiied;fot, the avowed purpose`,
'of impgratinig 'him in 'the -proinilhtadon Or 4 :c, ,harge 'Apifist his
EXcellenc,Y;•Of having Committed an. iiiiipealtable atroFity, with „
his reputed -son, the phy'li6anio'hishiiitsetiold,,-;-4 prokeiling
'as iiiijnititiable hs' tbe.grOUhils' or it Ws4e Aisionary, no 1144bt ..
'no ,t'ekistiilg-iii the: minds of 'the, Cap town colonists that., it
watt `-prepared, :affiiald, aiul .withdrawfi, in A. desperate te.,ii,.; ',
'g
•eee=ilf itis 'R.xcelleney'S unpopularity, by 'A personrtynetl..
Mutes, but better known by the appellation of (fliv49.,thc spy.,
'-`1• I 'hat, cotitrari to 'Our:petitioner's Seriten4,lic,Wa Jell tit ~
lar l'inbseqUeitt to is convection, 'and, 'O,4V-white eng4gstl, In
'Pt parAtiiths'fot his Yetirr-n ..th'.Eligliifid, "Ile.Osiatily-tin,accom
' 'panic& bye-hisfinitily,-"titid stilrippeflant in nine causes before
the court of justice, his house was again beset, and his papers
seized by the Fiscal, without the exhibition' of any charge, or
upon any other authority than his Excellency's . caprice; and

-though entirely innocent of any offence against the Colonial
-Government collectively, or any member comprising it, he was
compelled from the alarming suggestions of his friends to seek
concealment and withdraw himself from the further persecution
of his Excellency. Through the instrumentality of the Chief
Justice and the Fiscal he ultimately embarked, and on the 22d
of last December quitted the colony.
It will be apparent, that in presenting such a statement of
grievanies to your Honourable House. through the vehicle of a
petition, your petitioner must necessarily be restricted to a very
imperfect development of four years' - unceasing injustice and
persecution; but he is fully prepared to substantiate, every
allegation he has advanced, as swell as charges of a more seri-
ous descrintion, against his Excellency the Governor of the Cape
of Good ]lope, should such evidence be required of him.
In. illustating the character of judicial procedure at the Cape,
your petitioner most respectfully craves the attention of your
Hon. House to the extraordinary contrast of his case with that
of ?4r. Lancelet Cooke's, a roost-respectable merchant of Cape-
town, *ho was tried for precisely the same offence—that of im-
. punginet the .conduct_uf a public ft aTrpTietitreiti
_for a, redress of grievants, but with the imputecl.superaddition
of having given his ..memorial publicity—the greatest-possible.
'age'triVatton, or rather.the chief essential in the construction.of
libel—in offence not ever. charged against your petitioner.: .31re
'Cooke, who stool neuter with the Colonial Government,. was'.
acquitted your petitioner,- unfortunately not in
his prediLitheut, was condemned. ;for, your petitioner most
• hinbly. rbmits, can re _pure- and unbiased judgment be-looked'
Ter; in causes,df appealto his Excellency, where a.”. malus
.ani-
may be said natorally to exist, as in the case of the.
Dutchman Dure, who succeeded in-causes wherein he was ap-,
"pellant tol)eis.Exaelleney, shortly -after the purchase of one of
his gXeelreney's horses for 10,000 dollars, which died after pay..
• reent and before delivery from the staAes. .
T.bat your petitioner, in.conimon with his brother, Colonists,
has much aggrieved by th.e.extraordinary -fluctuation of
• the
.Colonial . rate of exhange, which singularly proved at
111eher.diseount when his Excellency has had occasioned to-etraw
than cebenhelias found it expedient to remit—an.evil that
woultk have., lass, injurious operation. if his- Excellency's salary
way paid in colonial currency. . .
That should your Hon. House suppose the .Commissariat
Departenent at the Cape of Good Hope to be governed by the
ordiary reg4latiOns, your petitioner most respectfully-begs leave
to disabuse your Hon. ]louse of such opinion; the supplies in
the district of Albany having been, up, to. the arrival of the
'Comeniseioriers of Inquiry,-.derived from private. tender only.
Ifence the enormous price.of 23. slivers and -a fraction paid to
the bailiff of the Somerset , establishment per ration for the
't.e.oopf on the frontier, which your-petitioner would gladly have
contributed at ten stivers per ratione- a circumstance that, wav-
ing suspicion of peculation in the enormous balances
of profit, must necessarily enrich the Colonial at the expence
of _the lilorneTreasury, and which,-by excluding campetition,
paralyzes the efrorts.of the settler in the only profitable vent for
this industry. • • • •
That in the abandonment. of Bathurst, and the determined
- opposition of his Excellency. to the wise and-paternal measured
of Sir Bufane Shaw Donkin, the interests of .the_- settlers were
d:rectly• compromised without any regard to conseqeences,
from which 'they. have scarcely yet recovered ; while in the cul-
tivation of green, forage by the triilitary, and the substitution
Of the Hottented regiment for -troops of. the line,- as .a protect:-
lag force on. the frontier., -your petitioner and, his brother co-
lonists have experienced evils,. of . grievous magnitude and
pressure. . •
That in the' constitution of the Judicial Body at the Cape,
none of those safeguards .are perceptible which ...insure to. the
subject the flovior unpolluted, justice, its. present organization
Consisting' for-the mast part of displaced Landdrosts, .and'. one
retired Etirtriiih Commissary., all remniahle at the pleasure of
hi 4 Excellency,' and; consequently susceptible of • imputations
which will be apparent to your Honourable House. •
That your petitioner, so . far. from desiring- to -agitate any
question which might glance at the eligibility of Lord Charles
Somerset to his Government, haii spared-no efibrt to obtain a
moderate redress from Earl Bathurst's department, but that
department, throtighout its whole correspondence, has pro:
jetted so many obstacles and delays, and manifested so little
sympathy tor tne unwarrantable aggressions your_petitioner has
suatained, that he is compelled to throw himself upon the- jus-
tice of your -Honourable House, -
• )(Our petitioner therefore prays, that your Honourable House
will cause an inquiry to be instituted into the.conduct of Lord
'•Charles Somerset and the Colpnial Authorities at the Cape, and
extend to at:rut-petitioner such protection and redress as.to your.
liorioura.ble House,may seem meet.• . •

And your petitioner,:ike. - - . • .
Mr. ELIJrcE asked if the report of the Commissioners ap-
pointed to inquireinto the Colonies of St. Lucia and Trinidad
had been received. . . . • .
. ..

Mr. W. HORTON. answered in the .negetive.-
Mr. II ME puts question respecting Edwards,. to know if
any measures had been taken, in consequence of his banishment
from the colony to which he was sent.
Mr. W. II ORTON .raid, that by subsequent accounts it ap-
peared that Ed wards had run away.
Mr. BROUGH Alit gave notice, that he would on Tuesday
• next move to refer the petition to a Select Committee..
Mr. S. WORTLEY presented a
.petition front Mr. Robert
GOurlay, on the subject of ,the Poor Laws. • •
Mr. N. CALVERT pr es4nteti a petition from Ware, in fa-
vour of the bill for slaughtering eattle. . .
Mr. HUMP; presented. a petition front the coopers of . Dub.
lin, upon the subject of the Combination laws, complaining that
the late Committee had only examined police-officers and master
tradesmen in their sittings.
THE NAVY. .

Mr. HU3IE presentzda petition from certain seamen, pray-
ing that the time of serving in the navy. might be limited—that
no corporal puufshmentsshould.he inflicted—that the pay should
be equal to the rial% and hardship of the service,--that wize-
n-piney should be More fairly shared, and that of should.be
chosen according to.their skill and experience and merits in the
service. . • ~

Mr. SYKES presented a petition from the merchants of
Hail, relative to the duties on foreign timber

COMMITMENT OF FELONS.

Mr. WESTERNno;er for -returns, for the purpose of
sheering the difference of numbers between those committed orr
criminal charges within. certain districts, against whom no bills
were. finind and no..verdiet obtained, and those who were con-
victed.. Ile proposed to ground a motion upon it hereafter, as
the disproportion was striking, and on all accounts highly
jeictionable.
Air. PEEL adMitted-that this wasa circumstance which was
not creditable to the judicial powers of the country. He was al-
I
most in despair of finding a proper remedy for it. He thought
that much would be done by increasing the bses of the county
juries. :Fie could not help. thinking that in the increase of
wealth and poWere too_much-of the business of justice fell upon
that body of gentlemen who formed the grand jury, who had to
find almost all the bills, and who, be it, observed, had in most
instances the duties as members of Parliament to attend to be.
sides. Ile thought that to increaseethe number of judges might
be an advisable ekperimLet, with •a view to the more speedy.
clearing of the.gaols.. reason.could be advanced for holding
to the petrefeniarlitirither of 12, if the interests of the coe.ntry
could be benefitted by increasing IL . •
Mr. DENMAN thought that by reducing the business of the
Quarter Sessions; anel letting the King's Commissioners go into
places where die' gaols- were unusually foil, they might put off,
for the present, the forinidable expences of new Judges and an
additional circuit:
Mr. H.'SlTlVlNER:coin'plainea of the manner in which the
time was ;distributed feetlie..triar of causes at present on the
third Circuits, and ofth'6"sentlink the Judges for criminal case
on them, when only otiliWas allowed for the Spring or:Winter.
AIr...PEEL -observed;' the t an arrangement had been made to
enable the Chiercidstine of the Common: Pleas to give his Lis-.
sistance the .Allusion had been made to one
subject which appeared to.him tote of great importance ; and.
_be was glad that it hid been noticed, as it gave him- an opportu-
nity for stating-his opinion. He adverted to the heavy expences.
which devolved and the great emoluments
which Wereed-drived by Sub:Slierifis.—(Hear I)—These two
points, together with the relition in-which the High Sheriff was
eced with reference to the Sub-Sheriff, were well. worthy of
eoneid ere tion.—( Hear
An Hon. •AliainF.ii, who spoke from under the gallery, oh-'I
served,:that-the appointment of another assistant to the High
Sheriff' would_he advantageous. • . •
After a few_ words frtirn Mr. PEEL, the motion was agreed to
• ' lEDF4X. TO THEI...TOURNALS.
Mr. BANKES rnoved,,lbat it:Select 'Cianniiitee he appointed
to examine the peogresii mach in the formation ofn general In-
dex to the Journals Of tile Iliniie, from the period. of the Union
to the death of hiielate Majesty; and also into the pr.ogress of a
similar Index from the latter period to the present time ; and to
report their Willa: to the Mouse.—Agreed to.
COMBINATION LAWS.
Mr. WALLACE. brought up the report of tee Committee
sppointed.to inquireinto the effect of the Act passed last session
for the repeal of the :Combination Laws. --The Right Hon.
Oentleniansaid it Weis his Wish that the Report and the evidence
should be printedos, even at this period of the.session, it was
proper-that the subject- should he open to discussion. This
course he was anxious should be adoptod, for the general con-
venience of the Hodse. 'The repoit recommended the adoption
of a measure which the
,Colimiittee deemed it necessary to be
passed as soon as possible, with. a view to check the general
state of combination which Prevailed throughout the country at
present; If the House agreed in the propriety of this proceed-
ing, he should be able to submit the Bill to the House .cither
to-night or to morrow. The Bill being brought in and printed
the discussion on it might take plate as soon 88 possible afterthe
Iteport and'llie.evidente given. &doze the Committee were in

b~ ,ti

xx.-~::~

I.Yx=s}s .1-

the hands ofllembers.—(llear !)--He waeparticularlehtlealrous
that the subject should be fully considered, and that every false
impression relative to the intention of the Committee should be
rertfoved as speedily as possible. An impression had gone forth
that it was the intention of the-Committee to propose the re-
enactment of the former laws: but.they intended to do no such
thing. They recommended a particular measure, and they also
called for the-repeal of the Att...of-last Seirionessael osi
Mi. MANSFIELD .uh*titl to theecouehich *Tie ee-
mittee had.taken. TflisAeikrt. was fo de( ;!ethe re oe.-
tions and observations. orthe masters, w ile yea .port e •
allowed to the worgentb counteract th..s.
Mr. 'WALLA thOughtlrfair to sta e, on the par o the
Committee, that the different cases brought before them were
minutely investigated; and eethergeirefsurnalinu.-was-reixen-Pase
the part of the masters, the-Committee were anxious to receive
such evidence as could be adduced on the other side.—( Hear !)
—They were ready to hear any complaint that could„ be made
on the.part of the workmen against the masters.—Wear
Nothing like partiality was shewn ; and hayoint of truth
•citetumber-of-woettrinen exailea-vetegreater thanihe number-of
persons who complained of theme_
. Mr. HUME dcoreceted as much as-any person, the.outragee
that had been committed in Dublin and Glasgow; at the-same
time he had. tacomplain, that in tthe Committee the-operatives
themselves were ruseexaatnined. Ile did not think' that- that'
Committee had nottOrtormed all that it was intended by the
House it should perform at the time of• its formation.- The
.Housealaat year carried a teaolution for repeal of the oth.ofl
George IY.,'Chap. 95, and this •Session it was proposed to re-
enact, if not.all, at least a part, of drat which had been before'
repealed.. Before that repeal the fullestexamination oughato be
entered upon. Upwards. of one hundred petitions had been
presented to the, House from the operative classes, praying to
be examined. A deputation for that purpose-had come- from
the operatives of Sheffield, but they returned without :being
examined, and.on being told by the-lionahrable Member for
Yorkshire (31e. Stuart Worry)- that if it were necessary they
would .he sent _ for And examined. It was not sufficient alone
to ascertain that combination existed, the extene.of it, the
causes it, and whether.it was the fault of the -masters or of the
men should also he inquired into:—(Hear,-.hear, hear!)—
There had certainly been strikes for wages in several parts of the
country, but these strikes had not been, as formerly, accom-
panied by Threat,. intimidation' or violence., There- had been
meetings certainly, but they were- open-. and undisguised, and
not as before secret. As to the.outragtoernplainect or-in, Giese
gow ; he had letters requesting him toeassitre•the House; that
that was not.the act of-any body of workmen, but the act of .a
kw, oneof whom suffered, and the other was arreigned.. 'These
persons too, who it was stated, were; suborned to commit assas-
sination, were reduced -to a state of.. starvation. Ile.begged: to
Fall the attention of the House, however, to another case that
pccurred.in Glasgow. Mr..Dunlop had a-number of workmen
(he believed 10), who. struck for wages. . A meeting of ,the
oldsters of that City, in consequence took placee and they came
tie a resolution thatthey.would discharge all -.their workmen,
amounting: to 10,000 persons, unless 31e. Dunlop's wurkmea re.
turned to their work; they -.did ,not, howeveraeeturn, the
consequence was,, that.lo,ooo persons were-discharged, and left
withoueoccupatien for four months; and:so theymight, had not
the cOmMuity cried " shame" upon them, This.waean atroci-
ous combination on the part ofthe masters,- and it might, per-
haps, on. inquiry, be found that in. inane irstaccee.the masters
were more th;blarne.then the men. tAs the House • had re-
pealed the former laws, it ought
.not, in .his opinion, alter it
hastily„it ought to wait until the propriety of. the alteration
had been fairly tried by the test of time: He. wished to offer
.no obstacle .to any measure. that- would propoee -a beneficial
change; but he disapproved of any measure of change without
having.testimony of the persons w ho.would 6e.most iiffected by
that change.... .
.31r. PEEL deprecated a discussion on:thisluestion
present momene.— (Hear l)—Ilis Bight Hon. 'Friend (Mr.
Wallace) postponed.saying a single Wortlitafavour of the pro-.
posed measure, because lie felt that it would be-much better
and more easily understood when it was • printed. In his
mind that was by far the safest .course to pursue.( Hear !)—:
• Injustice to the Committee, he- must deny the statement of
the Hon. -Gentleman as to the .examieation- of witnesses:—
There wee do refusal to examine any man - whOse evidence.
Was necessary to the purpose which the Committee assembled
to effect—namely, the introthictien of some measure to check
the confusion. which at present prevailed. .1 f they were to
examine:every man who presented himself, anti to-pot ()Wetly
renii-dial measure until- the inquiry was closed, that- course
would . evidently., be destructive of the ohjeet they had in view.
IHe threw overboard entirely .Mr. Dunlop's case. It the Biil
?Jere introduced on that ground, there would be something in
the argument. The Cou;mittee did not wish to punish or
coerco arty person ; but the whole question was,. whether the
fill proceeded -on just principles or not ? On that ground it
must stand
-or fall.
Sir M. W. le 1 DLEY complained that the lion. Gentleman
(Mr. Hume) had taken a very unfair view.of the case.. He
would, lioa-ever, leave the conduct of the- Committee.to the Un-
biassed consideration of the-house. and the_public.---(Hearl) -
Mr. WA LI,ACE then moved for leave to bring in a Bill
", to repeal an Act of the last Session for the regulation of work-
men, and to introduce other provisions in. lieu thereof."—Leave
given. .
DEPORTATION OF -TWO -PERSONS _OF COLOUR.