The Sun.
London, England, 1840-02-28 00:00:00

CHINA.

Lord E LLENB OR OUG H complained that papers for
which he had moved, in relation to the affairs of China, had
not been returned ; and be suggested that as the delay was
owing to the papers being required from different
departments, the heads of which did not always know
where to send them ; the rule, which was adopted some
years ago in the House cf Commons, that is, to send the
notice for all returns to the Treasury in the first instance,
should be adopted in this House.
Lord MELBOURNE was understood to say that he
would be glad to accede to any arrangement which would
facilitate the return of any papers required by their Lord-
ships.
THE COMPTROLLERSHIP OF THE EX-
CHEQUER.

The Earl of RIPON thought it his duty to tako an
early opportunity of contradicting a rumour which pre-
vailed respecting the nen•appointment of a gentleman
who was nearly connected with him, to the office of
Comptroller of the Exchequer, that office having been
promised to him. He understood the rumour to be that
a Noble Friend of his, who recently filled the office of
Chancellor of the Exchequer, and was now a member of
this House, stated althongh he would be glad to give Mr.
Ellis the appointment in consequence of his connectieu
with him (Lord Ripon) yet for other reasons be did not
think he could recommend that Gentleman to the office.
Now he, (Lord Ripon) could give that statement the most
positive contradiction—he could at least state that such
was not the opinion of Lord Althorpe, who had BF.
sured him in 1833, of his entire approbation of
Mr. Ellis's fitness, and of that gentleman's claims to the
appointment from his service in that department. Imme-
diately upon receiving Lord Althorpe's assurance, he
(Lord Rippon) wrote to Mr. Ellis, repeating the conver-
sation, and congratulating him upon his having obtained
the appointment. He did not now complain of the non-
appointment ; but he felt that it was due to the character
of Mr. Ellis that he should take the first opportunity of
contradicting the prejudicial and unfounded statement.
Lord MELBOURNE said it was very natural the
Noble Earl should wish to receive some explanation, but
though he had heard something of the circumstances, be
was not, from the office which he held at that time, in the
slightest degree cognizant of them.
The Earl of RIPON—Oh, no; certainly not. I
merely wished to make this statement.
Lord DUNGANNON presented a petition from a Com-
pany who had expended the sum of 100,0001., for the pur-
pose of bringing water from the river Colne by pipes. In
consequence of a report of a Committee of the Howe,
praying for a Committee of Inquiry as to the practicability
of doing so. and that they might be heard by counsel be-
fore the Committee.

The Marquis of LONDONDERRY gave not;ce that he
should, on Tuesday, or, if that day should be inconvenient,
on Thursday next present to their Lordships a petition
from Liverpool relative to the Irish Municipal Corporation
Bill, and that he should, at the same time, in consequence
of what had taken place elsewhere, ask the Noble Viscount
to give some explanation on what principles he meant to
carry on the Cabinet. He hoped the Noble Viscount
would show some Ministerial manliness, and would think
that it became him to give their Lordships some little in-
formation as to the condition of his Cabinet.
The Earl of SHAFTESBURY said the Noble Mar-
quis could not regularly present a petition against a Bill
not before the blouse.

The Marquis of LONDONDERRY said the petition
was not against the Bill, but the general measure.
AFRICAN TRADE.

Viscount STRA NGFORD presented a petition from
all the merchants of the City of London engaged in the
African gum trade, complaining of certain injuries to
which they had been subjected on the coast of Africa by
the French authorities there. The Noble Viscount said that
as he should have occasion to advert to it at length he should
now merely move it should be laid upon the table. In the
course of last Session he brought under the considera-
tion of their Lordships various injuries upon our
trade upon the western coast of America, which
had been inflicted by• certain French authorities there,
and the amount of loss incurred in consequence.
From the spirited conduct of the Noble Viscount opposite
on that occasion, and his assurances that the matter would be
taken up as it behoved this country to take it up, he ( Lord
S.) hoped that the remonstrances of the Government, if
they did not obtain redress for past injuries and insults, at
least would have prevented them from being renewed and
repeated in a yet more extensive and objection-
able form. ( Hear, bear.) He entertained too
high an estimate of the assurances of a Bri-
tish Minister ever to h.ve believed for one mom, nt
that it would have been his lot, in the very next Session
of Parliament, to present a petition stating that not only
had those representations and remonstrances been cc-
availing as respected the past, but so entirely disregarded
as to fail in restraining France from making fresh at-
tempts to ruin our commerce arid humble our flag.
(LEFT SPEAKING.)

HOUSE OF COMMONS.
,The SPEAKER took the Chair at Four o'Clock.
'Mr. MARK PHILLIPS moved, pursuant to notice,
Tat the Commissioners of Ardwick Improvements have
permission to proceed with their 13111, notwithstanding the
unfavourable report of the Standing Orders' Committee.
Sir E. KNA TCHBULL said that the ease had un-
dergone much consideration in the Committee, and there
did not appear to be any sufficient grounds for which the
orders should be set aside in favour of the parties to the
Bill.
Me, GREG said that the object of the Bill was to im-
prove the drainage, and widen the streets of the town, ef
which the present condition was extremely prejudicial to
the health of the inhabitants.
Mr. GREEN telt that it was an ungracious task
to
oppose the present application, but he was con-
vinced, whatever might he the case of individual
hardship, it would be for the tvivantage of the public
that the Standing Orders should be enforced. The
Committee had been appointed to prevent the thou of the
House from being occupied with the details of such bilk,
But there might as well be no Committee if parties were
encouraged to come down to the House and obtain a reverial
of its decisions to remedy the consequences of their
neglect.
Mr. AG LION BY was obliged to come to a different
conclusion to that come to by the Hon. Member for Lac-
caster. He agreed with him that the House should, as a
general principle, support these Committees, but if they
should commit a mistake or misconceive the powers dele-
gated to them, it would be a monstrous injustice if the
House, as a Court of Appeal, had not the power to set
matters right. In this ease the parties ought to have
power to proceed with their Bill. He should therefore
support the motion of the Hon. Member for Manchester.
Sir THOMAS JREMANTLE opposed the motion,
believing it to be a most novel application.
Mr. 13 ROTHE RTON believed thatthe Standing Orders
had not been complied with in this case entirely through in-
advertance. He knew there was an tilmostunanimous
feel-
ing in favour of this Bill, and he trusted, therefore, that
! the motion would be adopted.

Sir G. STRICKLAND thought a case had been nude
out for proceeding with the Bill, although he tors opposed
to appeals being made to that House from the Standing
Order Committee.
Mr. Estcourt was of opinion that no special case had
been made out to induce the House to deviate from its
ordinary course of supporting the decision of the Standing
Orders Committee. It would be much better for the House
to abolish the Standing Orders Committee at once, and
take the jurisdiction in their own hands, than to allow
appeals of this sort to be constantly made.
Mr. ERE SHFI E L D was of opinion that the Standing
Order Committee had not had the whole case before them.
This appeared to be a case in which the whole township
were agreed, that certain improvements ought to take
place, and therefore he thought the 13111 ought to be
allowed to be proceeded with.
Lord SANDON was a member of the Committee, and
unwilling to weaken the Standing Orders of the House,
but thought the present was a proper case for the House
to interfere.
Mr. SANFORD recommended a strict adherence to
the Standing Orders.
Mr. T. EGERTON hoped the house would allow the
Bill to proceed.
Mr. MARK PHILLIPS said he had, in bringing for-
ward this question, been anxious to abstain from making
any statements as to his own opinion on the subject ; but
as he found that the members of the Standing Orders
Committee were divided in opinion among themselves, he
thought he was not acting improprly in stating that
he considered a strong case was made out for the Bill on
the ground of necessity. The streets of the town were in a
very bad condition, and the health of the inhabitants had
become seriously affected in consequence. On public
grounds, therefore, he thought this matter worthy of se-
rious consideration. He believed that this error, so far
from being intentional, had originated entirely in over-
sight ; and he thought it only a fair act of justice, to grant
them relief on the present occasion. This was no public
company, it was the case of a whole town, all the inhabi-
tants of which were in favour of this Bill, without one
dissentient voice.
Strangers were then ordered to withdraw.
The House then divided, when the numbers were—
For the motion 56
Against the motion
Majority —43
On the motion of S.r E. FILM ER, the London and
Greenwich Railway Bill was read a second time.
Sir E. WILMOT gave notice that be would, at an
ear!), period, bring in a Bill for the recovery of small debts.
Mr. HUME said he would take that opportunity of ask-
ing the Noble Lord the Secretary for the Colonies whe-
ther the Government had any intention of bringing for-
ward a Bill on the subject of the recovery of small debts.
Lord J. RUSSELL said (as we understood him),
that information would soon be laid before the House,
which would enable them to legislate on the matter.
Mr. BARNEB Y gave notice of his intention on Tues.
day next to move for certain returns with respect to gaols
in England and Wales.
FROST, JONES, AND WILLIAMS.

Mr. LEADER wished to put a question to the Noble
Lord the Secretary for Colonial Affairs. The notice re-
specting Frost, Jones, and Williams, had appeared upon the
Votes several times. He had attended the House every day
on which that notice had appeared upon the Votes, and he
had done all he could to bring the question before the
House, but he bad been unsuccessful iu that endeavour.
But he did not accuse the Government of having put him
off, because he was really induced once or twice to put off
the motion, in consequense of representations made to him
by the Coansel for the prisoners, that there were
negotiations pending between them and the Government,
which might be damaged by his bringing the question be-
fore tho House. Being influenced by that opinion of
counsel, of course he would not have proceeded with his
motion even if he had the opportunity of bringing the
question before the House. He understood that the pri-
soners had already left the country. He did not mean to
say that the Government had not a right to send them
out of the country if they pleased ; but he thought they
might have waited a few days longer in order to give the
House of Commons an opportunity of expressing an opi-
nion on the subject; and they ought not to take it for
granted that the House of Commons would agree with
them. However, as the prisoners had sailed, aed as the
question in issue, which was a constitutional question,
and one affecting the administration of the law would not
be at all prejudiced by his putting off his motion, he
wished to give notice that he should bring the question
before the House on the first notice night in the week after
next. He, therefore, merely wished to ask the Noble Lord
if it was true that the prisoners had sailed, and if the
Noble Lord told him they bad sailed for their
destination, then he wished to give notice that he should
endeavour to have the question at issue discussed in the
House on Tuesday week. If the prisoners had not sailed
then he should feel justified in asking the House to have
the question discussed immediately.
Lord JOHN RUSSELL said the prisoners bad sailed
for New South Wales.

NEW SOUTH WALES.
Mr. G OULBO URN wished to ask the Noble Lord a
qbestion respecting Now South Wales. He observed
there had been in the Legislative Council a measure pro-
pounded by the Governor for the general education of the
youth of that colony. It appeared that by that measure
the Roman Catholic youth of the colony were to be edu-
cated in one school on the principles of their own religion,
but that allithe other youth of the colony were to be edu-
cated in one common school, in which, in order to avoid
religious dissensions, no religious instruction was to be
given, therefore giving to the Roman Catholics the
benefit of religious instruction, but withholding it
from the children of parents professing other religions.
This proposition had, however, not met with the approba-
tion of the Legislative council ; now, what he wished to
ask was, it th s preposition had been made by the Governor
in consequence of any directions from the Government at
home.

ment, to evade any such Act.—(llear, hear.) If the
amendment was intended to convey any further meaning,
he was not the (Edipus tvho could unfold it. Having said
so much upon the Noble Lord's amendment, he hoped the
House would allow him to make a few observations on the
resolutions he had himself to propose. On a former even-
ing be had endeavoured, in the speech which he made, to
explain his views of the transaction, and the opinion which
he then expressed was not altered by the papers which
had since been laid on the table. The first resolution
was—" That it appears, by the copy of a warrant laid on
the table of this House, that a pension of 1,0001. a year
has been granted by her Majesty to the late Comptroller
of the Exchequer, on retirement from that office, on the
ground of zealous and efficient services rendered to the
public during a perod of nearly half a century, in which
interval of time he filled the offices of Chancellor of the
Exchequer for Ireland and Comptroller-General of the
Exchequer of the United Kingdom." So that the words
under which he received the pension, and the grounds upon
which it was granted, might be divided into two parts,
the one relating to a zealous and efficient service, when he
filled the office of Chancellor of the Exchequer for Ire-
land, and Comptroller of the Exchequer of the United
Kingdom ; and the other to the services which he rendered
to the country when out of office. He thought it would
be moat dangerous to lay down a principle that Parliamen-
tary services should be rewarded with a pension, arid he
considered it was a principle which the House of Com-
mons of the present day would not tolerate. He would
therefore assume, that Sir John Newport was not entitled
to a pension for Parliamentary services, and then the
question was, whether he was entitled to a pension
for his official services. Now, the Act on that sub-
ject stated, that no person was qualified to recive any
pension fur performing the highest offices in the State.
unless they had performed them for two years. It was
clear, therefore, that he was not entitled to a pension by
virtue of his office as Chancellor of the Exchequer in
Ireland. Thee with respect to the Office of Comptroller
of the Exchequer, it was clear, in his opinion, that he
could enjoy no pension for that. Then what was the
provision of the Act of the Isa. and 2d of Victoria ? why
it provided that no pension should be given by her Ma-
jesty for political services. Since that Act had been
passed, so far as he could infer from a review of the
Pension
.List and from returns made to the House, the
spirit of it had been rigidly observed, and he thought
that no fault could be found with the pensions since
given, with the exception of that to which he was al.
luding. Considering all these circumstances, and espe-
cially the great importance of making the Comptroller
of the Exchequer independent of the Crown;and of en-
suring a strict adherence to the resolution of the House, he
was sure that the House would feel it expedient to express its
decided opinion that the grant to Sir John Newport
should never have been made. The terms of his resolu-
tion were very mild, because he considered it safer and
wiser to understate rather than to overstate the case he
had to establish, and which he wished the House would
listen to. But though his resolution was mild in its terms,
he hoped the House would not fail to observe that it called
on them to recognise two peat principles—first, that the
Comptroller of the Exchequer should be independent of
the influence of the Crown ; and, secondly, that the reso-
lutions of the House on the subject of the Civil List,
should be strictly adhered to. He did not, however, wish
to withdraw hie pension altogether from Sir J. Newport,
but he objected to the manner in which that pension had
been conferred. He had no desire to exercise any harsh-
ness towards that Right lion. Baronet, and so far he
agreed with the Noble Lord. On a question of this sort,
when so much might be said of the nature of pensions, and
the propriety of granting them in some instances, and of
refusing them in others, he thought it advisable to look
over the list of pensions which had hitherto been confer-
red. He had thus seen no exceptions on the list to the reso-
lutions which the House had passed ; and, as far as he could
see, the individuals to whom pensions had been given had
been highly deserving of the favour conferred on them.
On the Pension List were many illustrious names—but one
perhaps " the greatest—was behind ;" one name was not
on the list—a man who, perhaps, more than any other
poet, had opened up the kindliest affections and the inest
feelings of human nature—he need hardly say he alluded
to Mr. Wordsworth.—(Lord John Russell—" He has been
offered it.") He was aware of that, but the pension of-
fered had been so much lower than the usual amount
offered to literary men, being only 150/. instead of 3001.,
that the poet, with worthy self-esteem, declined it.
Again, what titter case for the Royal bounty, with a fe-
male Sovereign on the throne, than that of the Northum-
brian heroine, Grace Darling--( Hear, hear)—who, while
residing on some barren rocks, had, by efforts of the cool-
est and most determined courage, rescues eleven fellow-
countrymen from a watery gray c?—( Hear, hear.) The
Hon. Member then alluded to the case of a Mr. Leggett,
we think, late solicitor to the Taxes-office, who had been
compelled to retire from his office with a salary of 1,5001.
and an official residence, on a retiring allowance of 1,3001;
but dying suddenly, with several children, application was
made by his widow for a pension, but the First Lord of
the Treasury had declared that the regulations, which had
been laid down by the House of Commons, prevented him
from acceding to her request.—( Year, hear.) 'Was this
equalization—that, in cases like these, the bounty of the
Crown, forsooth, could not be exerted, whereas, in the
case he was bringing forward, so large an amount
of the Pension Fund had at one fell swoop been
thrown away ?—( Ilcar, hear, hear.) Now, the late
Chancellor of the Exchequer, Lord Monteagle, used to
extricate himself with great adroitness and agility from
difficulties like these, in which, perhaps, his successor
would be apt to founder.—( Laughter.) The Noble Lord
retired from the storms of the Chancellorship—( Laugh.
ter)—was now safely moored in the snug haven of the
Comptrollership of the Exchequer, where he doubtless
often heard, with calm composure, the distant murmurs of
the tempests he was accustomed to encounter-4 Laugh-
ter)—a haven, the repose of which, nobody acquainted
with his many social qualities, would be disposed to grudge
him.---( Hear, hear.) He wished the Noble Lcrd health
and happiness—( Oh, oh)—in his new station, and only
hoped that the milky mildness of the resolutions he had
now to move would not he further diluted by the warm-
' water weakness of the Noble Lord's (Morpeth's) amend-
' ment.—( Laughter, and hear, hear.) He begged to movo
as follows :—L The first resolution has above been given.
" That it appears that the said Comptroller-General filled
the office of the Chancellor of the Exchequer for Ireland
during the period of thirteen months only, viz., from the
month of February, 1806, to the month of April, 1807.
That it appears, by reference to the Act 4 and 5 Will.
IV., c. 24 (by which the granting of pensions for political
se vices was regulated), that no person is qualified to re-
ceive any pension on the ground of public duties per-
formed in the highest offices of the State, unless he shall
have continued in the performance of such duties for a
period of two years at the least. That it appears that it
was also specially provided by the said Act 4 and 5
Will. IV., c. 24, that the holder of the office of Comp-
troller of the Exchequer should be precluded, on his re-
tirement front that office, from all claim to any of
the pensions which the Crown was thereby em-
powered to bestow fur civil or political services.
That it appears that the person holding the office of Comp-
troller of the Exchequer now consitutes the sole check (in
lieu of all others formerly existing under the ancient regu-
lations of the Exchequer) on the expenditure of all public
monies issued through the Exchequer by tin: authority of
the Commissioners of the Treasury ; and it is specially
provided that he should be incapable of holding any other
office under the Crown in conjunction with such Comp-
trollership, and should be irremoveable from his office,
except in
,pursuance of an address from the two Houses of
Parliament; this officer being thus withdrawn from the
exercise of any influence of the Crown over bun in the dis-
charge of his functions. That it appears that provision
was made in the Act 1 and 2 Vic. c. 2, that the sum which
her Majesty might be empowered to grant in pensions on
the Civil List, in any one year, should not exceed the sum of
1,200/. ; and that, in conformity with a previous resolution
of this House, such pensions should be granted 'to such
persons only as might have just claims on the Royal. bene-
ficence, or who, by their personal services to the Crown,
by the performance of duties to the public, or by their use-
ful discoveries in science, and attainments in literature arid
the arts, had merited the gracious consideration of the
Sovereign and the gratitude of the country."Fliat, con-
sidering all these circumstance:., and more especially the
great importance of keeping the Comptroller-General of
the Exchequer independent of the influence of the Crown,
as also of ensuring a strict adherence to the spirit of the
resolution of this House on the subject of Civil List pen-
sions, this Ilouse deems it expedient to express its decided
opinion that the grant of 1,0001. a year to Sir John New-
port, under the warrant before mentioned, ought not to be
drawn into precedent."