The Sun.
London, England, 1838-07-05 00:00:00

TREATMENT OF PRISONERS.

Lord BROUtIHANT wished to ask the Noble Lord at the
head of her Majesty's Councils, whether there was any ob-
jection to his moving :for information respecting the treat-
ment of prisoners in Newgate, not under sentence, but who had
been committed for trial, and who were consequently by the law
of England presumed to be not guilty. The 4th of Geo. IV.
made special provision for sueh cases, and the prisoners
were to have a bed, hammock, or cat ; but they were com-
pelled to be upon rope mats—male and female. In the
next place, the Act provided that all prisoners should
be allowed as much air and exercise as should. be
deemed proper for the preservation of their health, but instead
of that they were locked up for three-and-twenty hours
in the day out of the four-and-twenty. The Act stated
that beer should be allowed under proper restrictions,
but no person was allowed beer unless under the order
of a surgeon. He therefore wished to know from
the Noble Lord at the head of her Majesty'sCounciis, whether
there was any objection to his making a motion for all infor-
manion the Home-ale° might have with respect to the way
in which the Act of the 6th Geo. 4th, commonly called the
Gaol Act, had been carried into execution.
The Marquis of LANSDOWNE was not aware of any
objection to communicate the information desired by the Noble
and Learned lord, bet be would enquire upon the subject.
Earl RIPON observed that an Act had passed a few years
ago, giving to the magistrate, and to the Secretary of State,
iu conjunction, the power of making regulations for the in-
ternal management of gads, and especially dwelling on the
necessity cf separationbet,ecenprisoners before and after trial.

Lord BROUGHAM said Lis statement was that prisoners
were kept in solitary v.;ry different thing from
separation.—( Hoar. )
CANADA.

Lord EL LENBORO L7G 11 then rose, and said, that before
putting his question to the Noble Baron ( Gienelg) on the sub-
ject of Lower Canada, he would state what he tip; :r, handed
to be the law, as enacted by the Act passed at the commence-
ment of the present session, which provided, b v the first clause,
that so much of the. 31st Geo. M., or any other Act, consti-
tuting a Legislative Council, or Assembly, in Lov.-er
Canada, should be repealed ; end the second clause
empowered her Majesty by any commission under the
Great Seal, to cons!itute a Special Council ; hut the Act
gave no additional powers to the Governor of Lower
Canada—( Hear, hear)--it merely altered his position thus
far, that he was to legislate with a Special Counel instead of
w ti:e Legislative Council. The wholo character of the
measure depended oa the Special Council, who might
(according as the Government exercised the discretion
vested in them) exert a controul over the Governors,
or become quite subservient to him, so as to leave
him absolute Governor of Canada. What be ( Lord 12:'.1en-
borough) had to ask the Noble Baron was, whether the
Government had any objection to show to Parliament in

what manner they had exercised the trust confided to them.
He would first ask whether the Noble Lord had any obj,..c-
tion to the production of the Commission from the Great Seal
for the instructions ne,N.‘ssarily sent to Canada under the se-
cond clause of the Act. He was also desirous of ask-
ing for the commission granted to Lord Gosford as
well as that granted to Lord Durham in orctr
that be might 1 e able to compare the two, and see if
there was any difference in their powers. The House ought
also to possess a copy of the mandamus, or warrant, or other
form by which the persons were appointed.
Lord GLENELG said the Noble Lord had confined him-
self to the instructions under the second section of the Act,
and he had no objection to their production; neither did he
object to the production of the mandamus.
Eatl RIPPON wished to ask the Noble Lord the Secre-
tary for the. Colonies as to the powers committed to Lord
Durham, whether they authorized him to do anything by
virtue of any authority with respect to the provinces of Upper
Canada, Nova Scotia, and New Brunswick.
Lord GLENELG—The Commission gives the Noble Earl
a general commission, and gives him power over all the
Colonies. Certainly a larger power than any given before.
He had no objection to produce the commission.
Lord ELL E NBORO UG H wished to ask a question as to
the rewards offered for the apprehension of the persons en-
gaged in the nefarious transaction of the seizing of the British
steamer the Sir R. Peel. He sow there were 30 persons
in custody and 10001. was offered for the successful conviction
of any one connected with that transaction in a Proclamation.
He wished to ask whither that was to extend to convictions
obtained in an another county? He begged also to ask the
Noble Lord whether that Proclamation was an authentic
document?

Lora GL ENE L G—Yes, it is.
Lord BROUGHAM was greatly surprised that it was
authentic, because a more extraordinary document be had
never seen. Did any body before bear of the Government of
a country giving a reward to witnesses for prosecuting in a
foreign country. He wished to ask whether Lord Durham
had explained this proclamation in any despatch sent to the
Noble Lord at the head of the Colonial Department?
Lord GLENELG said he had received no such expla-
nation.

The- Marquis of LANSDOWNE thought it was not only
inconvenient,
but rateer uncivil to criticise with such nicety
the great step that had been taken by the Noble Earl on the
spur of the moment. The Noble Earl, no doubt, felt he
ought not to lose one moment in prosecuting to
conviction- those persons who had been offenders
The Noble Earl would be able to vindicate not only this step,
but every other step he might take in the exercise of the
large discretion that had been vested in him.
Lord ELLE NBORO U H thought it was not only conve-
nient, but absolutely necessary, to bring such cases under the
attention of the House, where the constitution of a colony had
been suspended for three years.—( Cheers.)
Lord BROUGHAM said, the proper moment to object
to this course of conduct on the part of a Colonial Governor
was just who the act complained of had been committed.
He had always been disposed to construe charitably
and candidly on the conduct of Lord Durham. Why, three
days ago, when Lori Durhamts appointment of Mr. Turton
had been attacked, and when he (Lord B.) endeavoured to
excuse it, every member of the Government was
silent:in Lord Durham's defence—nay, the head of the
Government, expressed his regret at the conduct of the Noble
Lord,:as to whose conduct, forsooth, now not a word was to be
said.--( Hear, hear. )
The Duke of WELLINGTON rose, and was
(LEFT SPEAKING.)