The Sun.
London, England, 1848-06-09 00:00:00

JUSTICE MONTAGU._

Mr. E. DENISON, seeing the Right Hon. the Under-
Secretary for the Colonial Department in his place,
begged leave to ask him a question. It would be in the
recollection of the House that, a few nights ago, a ques-
tion was asked the Right Hon. Gentleman in reference
to the removal of a judge in Van Diemen's Land, when
the Right Hon. Gentleman stated that a dispatch upon the
subject bad only just arrived from the colony, and it had
not then received the attention of the Government. Now
be (Mr. Dennison) saw that a notice stood on the paper
upon the same subject, anti he thought it was not just to
the public service, or fair to the individuals con-
cerned that a question of this sort should remain uncle.
sided for an unlimited time, as the House was
about to separate for a few days, he took the
liberty of asking the Right Hon. Gentleman whether the
dispatch bad received the consideration of Government,
and whether he was able to give any information to the
House on the subject?
Mr. HAWES said the dispatch went at great length

and in detail into the grounds upon which Mr. Justice
Montagu had- been removed from the office of Judge
of the Supreme Court of the Colony, and he was bound
to say that the Governor appeared to have acted with
the greatest caution and deliberation, acting in con-
junction with the Executive Council and under the ad-
vice of the law officers of the Crown. The simple facts
of the case were these :—Mr. Justice Montagu was sued
for debt in the Supreme Court, and he pleaded that an
action could not be maintained against him in that court.
The Chief Justice held that the plea was a bad one.
The plaintiff then complained to the Governor, and
upon a full investigation of the whole circumstances of
the case, the Governor, through the advice of the
Executive Council, and acting under the advice of the
law-officers of colony, came to the conclusion that there
was no other course to pursue, except that of removing
Mr. Justice Montagu from the office of Judge.
ROYAL COMMISSION.
Sir A. CLIFFORD here appeared at the bar, and
summoned. the House to the house of Peers to hear the
Royal assent given by commission to several Bills, for
which see Lords' report.
The SPEAKER, on his retarn, enumerated the Bills
that bad received the Royal assent.
DISMISSAL OF Mlt. JUSTICE MONTAGU.
Mr. E. DENISON hoped the Hor. Gentleman
would continue his statement from the period at which
it was interrupted by the entrance of the Usher of the
Black Rod.—(Laughter.)
Mr. HAWES said he had very little to add,
except that the authorities and Governor of : Van
Dieman'a Land acted with great caution and deliberation
before the dismissal of Mr. :Justice Montagu was de-
termined upon. lie wasiully heard, but his defence was
deemed very unsatisfactory. He was bound to
add that the determination was in some degree
eased upon the fact that previous secretaries
of State and successive Governors had complained of the
conduct of this gentleman in respect to pecuniary trans-
actions. He had on various occasions received the
severe animadversion of Secretaries of State.
As he had appealed to the Privy Council,
it was only right that he should say thus much in ex-
planation and in justification of the course the Colonial-
office had felt it incumbent upon it to adopt.
THE CASE OF MR. LOW.

LordELi wasunderstood to ask a question
(Lord Palmerston) with respect to
tohleMtrhree Noble.gui)laitSißA
regulations under which chaplains were appointed
to foreign stations.
Lord PALMERSTON said the Hon. Gentleman had
imperfect manner; he should
stated his question m a very
therefore have to answer that which he wished to ask.
The Consular Act stated that chaplains for foreign sta-
tions were partly to be paid by the residents and partly
by the mother country, and that they were to be ap-
pointed and removed by the Secretary of State for the
Foreign Department. When he first came to exercise
the powers which this Act vested him with,
he felt that it would be very undesirable that a Secretary
of State should himself select chaplains, as it was not
unlikely he might displease the flock for whose
spiritual teaching he was to be appointed. He,
therefore,
.thought it more convenient to adopt the
were
the out paid
ioadcfp
hl: yi
t—rahei
Scotch principle, and to leave it to the residents in those
env( r chaplain—(ileac, ,
appointed
Ih ne
voluntaryat rh)
e—wc
con-
tributions,elfs eers
popfaa rr:tsiortf.o
otchh ewoa onssadt79ptdeht
'stipends
toishrt lehwreeesrwr,
mentioned to him in order that he might confirm their
appointment. As he thought it necessary that these
appointments should have the sanction of ecclesiastical
authority, the Bishop of London was requested to
ordain the ministers. It appeared that Mr. Low
had rendered himself very obnoxious to his flock
by the adoption of what were called l'useyite prin.
oiples, and other conduc.t, which was not relished by them.
Afterwards an application was made to the Bishop of
London to admonish the Rev. Gentleman with the view
of inducing him to alter his course, but these efforts
failed to bring about. a reconciliation between the Rev.
Gentleman and his flock, and he (Lord Palmer-
ston) at last felt it to be his .duty to call upon the
residents to choose, another chaplain. They did so, but
then the Bishop of London, acting no doubt with con-
scientious motives, refused to: cancel Mr. Low's license,
or to grant a fresh license to the newly selected chaplain.
Under these circumstances
.he had fel! called upon to
pense with the license, and in future !t, was not his inten-
tion to raise these unpleasant questions by requiring a
foreign chaplain to be licensed. It would be hie duty, of
course, to see that the party selected by the residents
was a'fit and proper person to fill the office of chap-
lain, but it was not his intention to raise any question as
to licensing.—(Hear, hear, and Laughter.)
Mr. DISRAELI said, then the House and the country
were to understand that the Noble Lord had re-called
a Chaplain who was licensed, and sent out one who was
not?
was understood to reply in the
Lord PALMERSTON
affirmative.
DISMISSAL OF A JUDGE IN VAN DIEMEN'S
LAND.
Mr. ANSTEY, referring to the que.stionecretary for of Mr. E.
the Under- the
Denison, wished to ask
Colonies' whether the demand for debt was made upon
Mr. Justice Montagu before, or after, that
it learned
Judge gave an adverse judgment to the Crown in refer-
ence to 15 per cent. duty which was prepared to levy
upon the colony ?
Mr. HAWES said he bad already stated all that he
knew in reference to this matter. The dispatch of the
Governor in no way alluded to the judgment mentioned
by the Hon. and Learned Gentleman.
Mr. HUME wished to know it any paper had been
received from the colony complaining of the removal of
the judge.
Mr. HAWES said his Noble Friend the Secretary for
the Colonies was in possession of no other information
than that which he had already
.detailed to the House;
but he might state that Mr. Justice Montagu's dismissal
had no
reference
• judgment he might previously
have given.

LAW OF SETTLEMENT.
Mr. HEATHCOTE wished to know whether the Pre-
sident of the Poor-law Commissioners was prepared with
any remedy for the system which now prevailed amongst
Irish paupers of obtaining relief every night in the va-
rious metropolitan parishes. In some instances as many
as between 300 and 400 were in the habit of obtaining
relief at night arid quitting the union in the morning.
Mr. C. BULLEtt said the subject had long occupied
his attention, and he hoped shortly te be in a position
tointroduce a Bill to amend the existing vagrancy laws.

He would not promise to the House that he would be
able at once to remove an evil which had been of such
long growth, and was now so extensive, but be hoped
soon to adopt measures which would greatly mitigate if
not wholly remove the evil. He had already brought
a Bill into the House on the subject and he
hoped, after the Whitsuntide recess, that he would have
an opportunity of stating the general course of action
which he would recommend the authorities throughout
the country to pursue, and which, aided by legislative
measures, he hoped would result in remedying the evil.
NEW SOUTH WALES.

Mr. SCOTT asked the Under-Secretary of State for
the Colonies whether a dispatch had been addressed by
Earl Grey to the Governor of New South Wales, having
reference to a new constitution for New South Wales,
and, if so, whether there was any objection to its being
laid before Parliament.
Mr. HAWES said the dispatch addressed to the
Governor of New South Wales was sent with the view
of ascertaining the opinions prevalent in the colony with
respect to a new constitution. The Governor had
obtained the opinions held in the colony, and much
other valuable information on the subject, and it would
be extremely inconvenient to lay the papers before
the House at present, as the whole object of the dis-
patch had not yet been accomplished. Earl Grey
did not suggest any form of institution, but merely in-
vited the attention of persons resident in the colony to
the subject, and on a future occasion all the information
which the Government bad received would be laid on the
table of the House.
REMOVAL OF POOR.

Mr. BANKES said a case had been referred to the
superior courts some time since with reference to the
construction to be put upon the clauses in the Poor-law
Act as to the removal of the poor. He wished there-
fore to know whether any decision had been come to
on the subject of the Judges, and if not when it might
be expected.
Mr. BULLER said he was unable to give the Hon.
Gentleman any information with respect to that decision,
but it would be satisfactory to the House to know that he
had received:very few complaints as to the removal of
the poor, and as to the doubts entertained of the mean
ing of the first clause of the Act.
ENFRANCHISEMENT OF COPYHOLDS. _ _

Sir G. GREY, in answer to a question from Mr.
Aglionby said it was perfectly true that the Lord
Chancellor had laid a Bill on the table of tho House of
Lords, upon the enfranchisements of copyholds, and that
it would be proceeded with as soon as possible, consist-
ent with the other business of the House.
WEST INDIES.

Lord JOHN RUSSELL said, that on Tues-
day next, the 16th, he proposed to make a state-
ment to the House of the views of the Government
with respect to the distress now existing in the West
Indies, and that the first order of the day on Thursday
would be the Health of Towns Bill.
Mr. HUME said the mail for the West Indies left on
the 15th, and he trusted it would be delayed in order
that the intentions of the Government might be carried
out by it.