The Sun.
London, England, 1840-02-05 00:00:00

and the obligation of their oath. He trusted that that
H, use would never take advantage of persons under such
circumstances ; but he also hoped that if that had been
done, and their Lordships had committed offenders—for if
they were not offenders then those who had committed

them were guilty of offence—then he hoped that they
would not suffer persons to come in procession to compli-
ment the prisoners on having set their authority at defiance
and to congratulate them on this martyrdom to their prin-
ciples even in their own cells; he trusted they would not
suffer them to receive these congratulations for having dis-

obeyed the law of Parliament, and preferred the law of the
land, under the eye and within ear-shot of the House itself.
He ventured to hope that they would pursue a courage
. .

more consistent with their own dignity and with justice,
and that they would not be led astray by any other exam-
ple, be the party ever so exalted, or ever so powerful ; al-
though, with regard to this power, he ventured to enter-
tain very grave doubts. One word more as to the admi-
nistration of justice. The Sheriffs were in custody, and
of the hundred of writs which were issued not one could

be executed by themselves. All these writs must be ex-
ecuted by the Under-Sheriff, who held his appointment
under the Sheriff, which appointment was recoverable at
pleasure, and the Sheriff was answerable for every act or
omission of his ; for every misfeasance to the utmost of his
—for evey non-feasance of his, to the utmost extent of his
fortune, and if his fortune was not sufficient, then in his per-
son. It was one thing for a man to sleep comfortably
when out of prison, able to superintend his own
servants, to know► what they did, and to give
them orders ; and it was another thing for a
person when locked up between four walls, and having no
control over his servants, except the Under-Sheriff chose!to
come and communicate with him. Therefore he did anti-
cipate if the Sheriff were not let out of prison the day
after to-morrow, he might revoke the appointment of the
Under-Sheriff, and then there could be no writs exe-
cuted. A great deal of trash had been talked about
the Coroner executing writs—he doubted if the ;Coroner
might be trusted—( A laugh)—but he could execute a
writ in one case, and in one case only, and that was when
it was to be served on the Sheriff himself. All writs were
directed to the Sheriff and not to the Coroner. The
writs went to the Sheriff, he returned that he could not
execute them because he was detained in custody by the
House of Commons. The consequence would be dreadful
—there would be a complete end to the administration of
justice, and in that case, he thought matters would be soon
reversed, and instead of the Sheriffs petitioning the House of
Commons to release them,they would see th e House of Com-
.

mons petitioning the Sheriffs to appoint an Under- Sheriff.
Neither House of Parliament—for he applied the same
rule to their Lordships that he did to the House of Com-
mons—could long stand, unless they were very clearly
right, and the Judges were clearly wrong, a conflict with
the highest Judges of the land, or attempt to commit their
almost sacred persons to custody on a question of privi-
lege. They would not be able to withstand the host of
petitions from suitors of the Courts. The whole adminis-
tration of justice would be stopped and paralysed.—
( Cheers.) These observations he thought it was his duty
to make in presenting the petition in the case of these un-
happy individuals, because he felt that in this case, unfor-
tunately, their Lordships had not any opportunity of de-
riving information from other sources. (Cheers.)
Viscount MELBOURNE said that these petitioners
complained of a groat wrong done them, and all persons
complaining of a great injury inflicted on them had a right
to approach that House with their statement, and ask for
redress. So far he agreed with his Noble and Learned
Friend, but he could not acquiesce in the observations of
his Noble and Learned Friend upon that petition.—
( Hear, hear.) It was impossible to mistake the nature of
those observations. —( Hear, hear.) They reflected on the
course which had been pursued by the other House of
Parliament, in what they considered a just vindication of
their privileges —(Hear, bear.) He would say that this
was a question of great difficulty, and he could not ac-
quiesce in the justice or propriety of his Noble Friend's
observations, especially admitting, as he had done, that
their Lordships had not the power of interfering. He
thought he might have abstained from making those ob-
servations.—( Cheers.)
Lord BROUGHAM said his Noble Friend was per-

fectly right inputting the interpretation which he had done,
on what he (Lord Brougham) said. He had expressed that
opinion not on the point of law in dispute, but on the con-
duct of the parties in this instance, which was a perfectly
different matter; but if there were any risk or danger at-
tending what he had said, of any interference of this
House with the other House of Parliament, it was his
comfort to think that that House could not be damaged at
all by it. It was himself alone that could suffer. It was
very well to say, and he knew that he was nominally pro-
tected in what he might say in his place in Parliament;
but there was nothing to prevent the House of Commons
directing the Sergeant-at-Arms to take him into custody
as he was getting into his carriage—voting him guilty of a
breach of privilege—committing him—and, when he sued
out his habeas corpus, concealing the special contempt for
which they had committed him, contenting themselves with
stating in general terms that he had been guilty of con-
tempt, but concealing the fact that that contempt con
siated in making a speech in his place in Parliament, and
in that case he must remain in custody until the proroga-
tion. That was the manly course that had been pur-
sued with regard to the Sheriffs ; they bad con-
cealed the grounds of the commitment, and thus they
were prevented from obtaining any redress. The
Noble Lord also presented a petition from London
and Westminster in favour of Frost, Williams, and Jones.
Also a petition from the inhabitants of Manchester, ex-
pressing their utmost detestation of the principles of the
Socialists, and a similar petition, signed by 8,000 persons,
from Birmingham. The Noble Lord also presented a
vast number of petitions, statinr, that the Socialists .were
a harmless body, and praying thatr their principles might be
inquired into. He ( Lord Brougham) deprecated discus-
sion on this subject, as he believed its effect would be to
propogate the opinions rather than put them down. The
Noble Lord also presented a petition from Dransfield
against Church-rates, and also a petition from Carnarvon,
stating that two conflicting lines of railway had been esta-
blished between Carnarvon and Holyhead, and praying
that favour might not be shown to one more than the other.
PRINCE ALBERT'S ANNUITY.

A message from the Commons brought up Prince A
bert's Annuity Bill, which was laid on the table.
THE ARMY IN INDIA.

Viscount MELBOURNE said, that a fortnight ago (as
we understood) he had laid upon the table a mass of papers
relating to the motion which he now rose to propose. He
had been sorry for the postponement, but it was occasioned
by his wish that their Lordships should have an opportu-
nity of penning the documents, which he had no doubt
would be sufficient to induce them to agree to his motion.
He believed that their perusal would relieve him from the
necessity of addressing many observations upon the sub-
ject. He was not aware whether their Lordships had re.:.d
the very important documents which were laid before them
last Session, relating to the occurrence to which his motion
referred, that is the crossing of the Indus, and the
occupation of Candahar, and the steps which were
consequently judged necessary for protection of British
interests. If they had read those papers he hoped
they had seen enough to justify, if not the course
which the Government had pursued, at least to justify the
motion which he had to propose. It was his intention to
abstain from all introduction of political matters, and to
confine himself to the military conduct of the expedition,
and to that of the Governm,r and the Commander. If
there had not been sufficient grounds, considering the
magnitude of those operations, and the great consequences
which they had already produced, it would be unfair, un-
just, and unreasonable to call upon the House to pass a
vote sanctioning the political conduct of the Governor.
He would confine himself at present to a vote of thanks
to the army, to the commanders, and to the governnor,
for their military conduct. That was the course which
had before been taken on several occasions, In 1804
thanks were voted to Lord Wellesley, for the great mili-
tary and civil services which he had rendered in his Go-
vernment in India. At that time there prevailed in this
and the other House of Parliament opinions adverse to
Lord Wellesley's government. Those opinions had long
passed away—( Hear)—and Lord Wellesley had lived to
see all imputations removed from his reputation—his name
standing forth in prominent relief—and his fame shining
with unclouded lustre, as foremost amongst the great men
who had contributed to the glory of England. In India
he had performed as great, as high, and as beneficial ser-
vices as ever were rendered by a subject to his Sovereign,
or a citizen to his country. In 1819 a series of important
operations were performed which had arisen out of what
at first appeared to be of little importance, and no more
than an incursion of banditti. But these incursions, in
consequence of the support they had received in the com-
bination of other powerful Princes of India, threatened to
lead to serious consequences. That combination was broken
by another great man, the Marquis of Hastings.—
(Cheers.) On that occasion, Mr. Canning, in moving
the vote of thanks, confined himself to the military part of
the expedition, without calling upon the House to sanction
the policy of the Government. He (Lord Melbourne) also
would then abstain from entering into a defence of the
Government in India, or of the manner in which British
dominion there had been maintained and extended.—
( Hear.) To do that was not now necessary. Prejudice and
false opinions on that subject had now vanished a
good deal, and sounder opinions prevailed. He would only
say this, that whatever reproach might be cast upon the
origin of the British Indian empire—now that it was
established—not only the strength and power of Eng-
land, its commercial prosperity, its character and dignity,
depended upon the preservation of that empire ; but other
and dearer interests depended upon it—namely, the tran-
quillity, the happiness, the good government, the civiliza-
tion, the moral and political improvement of the millions
whom Providence had committed to our care. His de-
termination therefore was, to confine his vote solely to the
military operations, to which he should certainly confine
the observations he had to make on the subject. It was
not for him to meddle with military matters, which he was
very little able to explain or illustrate. But he appre-
hended, that on consideration of the magnitude
of the operations the force to be assembled
the difficulties of transport in that country
the unknown nature of that country, and also that in the
peninsula of India there were nations on whom it was also
necessary to keep an eye, and with respect to whom the
Governor-General must be prepared for possible hostility,
it was impossible not to feel that the Governor-General cf
India, for the manner in which he had performed those
operations, provided for transport and provision, and the
whole manner in which he had conducted so large and dif-
ficult an enterprise uneuestionably deserved the gratitude
and thanks of that House. It was not his intention at
present to state in detail the operations, but if he spoke of
the army itself it was impossible to confer higher praise, or
express it in a more emphatic manner than the Governor..
General in his despatch, in speaking of the conduct of that
army and the circumstances in which they were placed.
(The Noble Lord then read an extract from a despatch of
the Governor-General of India, highly eulogistic of the
conduct of the army.) Their Lordships all knew the man_
ner in which the expedition was conducted, and the success
witu which it was attended ; they all knew the circum-
stances attending the memorable exploit of taking the
fort of Ghuznee, which terminated the campaign, and in
fact the war, with respect to which he could not express
his approbation in stronger language than that of the des-