The Sun.
London, England, 1846-05-01 00:00:00

[lately excited the attention of the Howe? The Rouge- on
former accasions,'". has in' favour DI- these-
,yet the Government hat- treated them with contempt.
• ar, hear.) A le7l argument has arisen, and- out of
that wilderness it appears we shall not get. tornhe in an
Learned -Member behind me, where he commenced _his spet-:,,
said • that, in every principle of justice and of inter-
national law, this money ought to be paid, cud he quite.
as his authorities Groins and Vette]; tut up rises an
Honourable aliel Learned Gentleman on the other
side, and he says that, on every principle of international law,
the money ought not to he paid; and he also qwites as bia
attrefrittes Grotius and Vattel.-( Laughter.) It was per.,
rect.!), ridiculous to pursue a course like thh. These claims
ought to be examined on a strict principle of jest ice. The
Hun. Gentleman the Member for Lambeth stated this eventresr,
that he would eonfi.ie his case to those in which adjudication
had already taken place. He said that he would not carr idsi
case further • and as the House had already four times !decide,l
that these claims were just, he wished the House to vim leat e„
that opinion, and tbus prevent any
necessity for their being
further troubled 011 the matter.
Colonel SIB 11-10iil" said, I have always voted for these
claims, rrtd I stein always vote for them.—( Laughter.)
Mr: HA WES said, I shall occupy the time of
t a the ()laser
but fur a very silent period, in reply to one
f' the Huse
great deal has
. A
vnartir;,nt:a edit
t,tht
oeuH Gd 7
Leadned Friel d has relied uiion this as a main point in this
ii•ltatireamtieonn tel.cr‘wmaitre; atel my lion,
sass. Now. will the House t ear one circumstance inreferenee to
that declaration. The ape:idiot; len thiseollllllyin July. and it
joidaratinn. xpre.,sing any hostile inten- inn was then issued.
Tne convention wa- signed on the 7111 September mil
Denims- k, aid it, ihyrefore, had put an cod to any previous de-
claration of war, if such existed. Hoiiilittes, might, therefore,.
be consid•red as ceased, and each country was sup osed to be
in a good understanding with the other. Now, under those
eireunistaidTs,• what becomes of the declaration of war on the
16 h August. lint was put an end t.i. The declarati n of the
Council oil the 4th November wa:= headed in the annual regis-
ter " A declaration- of War," but that was merely an order in
Council, authorising tbia issue of letters of marque for the pus=
poses of resit isal. Ido ray, then, that the declaration of war
on the 16th August was superseded by the convention which
was afterwards signA by the two countries. I did not soy one
word about it, and I purposely left it out, because it was put ati
end to by their subsequent conduct. But this was nuts lent meal
question, ; it ought not to be decided on technical grcurds. You
have receded the money, you have applied ti:e money to yew'
own purposes, and you ought to pay it.—(Hear.) I sav it
is a clear case of justice. lam not to be met by the teelcni-
eddies of law, and if you do resoit to law, what was the opinion
of Sir Wm. Follett and Dr. Lushington I hold in my hand
the opinion of Sir Wm. Follett, in which he states that these
very claimants whom you have paid, have no real claim at all.
Why aid you pay them then? It was on the principles cf eqty
you did so. The wrrds of the opinion are these:—" I i
question is not a question of law, nor have either classes of the•
claimants any legal claim upon the British Goverment." Ycu
paid the debt—well, why did ycu do it ? You felt that there
were higher claims upon you than those of law ; yo•t felt that.
there were claims of equity and of justice, which you could not
dispute The highest men in the realm have been the advo-
cates of these claims. Air. Wilberforee spoke for then, and I
ask you was he a man to speak for anything that was ui.tair or
unjust ? tt Its, what have you done? you have granted
a solemn anti. stibati n into the ease, and after
having cut down their claim from- .590,(f00. to
•225,n00/., are you prepared to turn round and say,
we will not pay you ? Why, if you stand upon the high ground
of law. you had no right to have put them to this expense.
You had no right to have investig,ated and made a mockery of
justice. It is not on a mere qu,tion of law 1 argue; I argue
here as a plain wan of business connected with trade, and I do
soy, that the, trade and interests of this country have been
treated with irjustice, and it is against that injustice that I
nova for this Committee of Inquiry.—(Cheers, and cries of
'• Divide, divide.")
The Howe they. divided,

- For the m ta,-n
Against it .....
Majority for the motion
RAILWAY LABOURERS.
Mr. BOUVERIE moved for a Select Committee to inquire
into the condition rf the labourers employed in the construc-
tion of railways, and other public works, and into the reme-
dies whieh may he calculated to lessen the peculiar evils, if
an}, of thst ern iition.
Mr EWA RT seconded the motion.
Sir J. GRAHAM was much obligrd to the Hon. Member for
havirg brought this 3uject. uudoir the consideration of the House.
He had no doubt that the inquiry would be meat va!uable.
He hoped that steps would he taken to check the truck ,sys-
tem being estahlishe,i among labourers; and, at the same time,
he hoped th.t additional powers womb" be given to railway
companies to maintain the peace upon their works.
Mr. HUME thought the less they interfered between mas-
ters and wi,rkmen the better.

-18

Mr. HUDSON believed that the result of this inquiry
would redound to the credit of those who were promoting rail-
wigs. In the railways with which he WAS ciintieeted, the ut-
most care was paid to the re igloos wants of the labourers en-
gaged upon the lines. The companies had placed money in
rue hands of clergymen to provide religious instruction for the
men, and !alluring on the S twa, prohibited. He did
not. believe there was any inscessity for this inquiry.
Lord EHRINGTON believed that there was no necessity
for the inquiry, becatvie that inquiry had been threatened,
and therefore the various railway companies h?ti taken pre-
cautions. He thomsht this was a ~übjeet which required full
investigation, front which intolstigation important resulta might
he anticipated.

%.IANGLES coal not twee with his Hon. Friend
he Nfember for "unrterland in thinking that this inquiry was
uone,!essart.. H, would certainly support the m•ation, as.
he believed a great deal of good would result from it.
. Mr. AGLIONBY wished to express an opinion respecting
the class of men called navigators. He believed a - great
amount of the evils complained of arose from want of proper
supervision. He did not believe the were worse than other
h,dies of men, at feast as far ac his experience went. Still ari
inquir% imght to be nude as to tire-b=at means of dealing, with
thess-farge hodi,,s of men.

Mr. WA KLEY could not see any good that would arise out
of this it quiry. Wha' was complained of was, that the men
preferred seeking pleasure on Sunday instead of going to
ehureli; and he could not ace how any legislition of their,
could meet the state .of things con.plained of. The real et
however, was, they hid nvjected the edu i..n of the people.
That was well known, and needed Tin inquiry.. Their la-
bourers had not been taught self.respeet, and hence it was
they did not shove that i:ropriety of conduct which was de-
sirous. lie could not see how, atter neilecting the petitions
of the working e;a=ses for factory I.o,lation, the
could attempt to control bodies of men like those who were
the sehjeet of the present inquiry.
air GEORGE GREY thought the suiject was an impnr-
tant one, and one that ought to be inquired into. As tar as le
understood it, the object in view wa. not to coerce or re-trai
these labourers, but to surround them with efficient moral an.
religious influences. bit. Petra, the extensive contractor,
adopted most effective means in this respect, and his arrang
meats might be introduced with great, effect in other worn.
thIOU:„-hour the essuAry. A Committee of Inquiry would, i.
his opt, i u, have a most beneficial effect.
Sir W. JOLLA h E concurred with the Right Hon. Gently .
mtn who had just s. t down. Rrickla)ers and other kind r.
labourers were protected, but this class of labourers were not.
and they had a mil' especial clam on their attention, especi-
ally as they suff-refl a great deal frim the truck system.
O'CONI\ ELL thought the inquiry would do nothilL.
but good, and he would support it. With regard to the trod

system,tgaitist vhith Hon. Alemhers expressed such horror,
believed that, in many cases, it ss as attended %Hi benefit, a'
persons with large capital could kurply goods cheailT than small
shopkeepers.
Mr. B. DENISON was of opinion, that though those of
large capital could supi ly goods cheaper, it did not follow tin y
did so. He did think the labourinz classes were eniiitled to
protection. He agreed that some means should be taken to
protect them as well as to supply them with moral and religious
instruction. He. therefore, supported the motion.
- Dr. BOWRING cordially concurred in the inquiry. He
could see no evil that could come of it, but much good.
The motion waa then agreed to.
Mr. J. O'CONNELL said that he had two notices on the
rai•er. One was No. 9, the other No. 22. Now the latter,
number should have been Iso. 9, it having been, by mistake,
printed No. 22. He hoped, therefore, the House would look
over the mistake, which did not arise frem him, and allow him
to proceed with No. '22.
Sir ROBERT PEEL objected to this course, as establish-
ing a bad precedent and one that might be attemled with Brea'
inconvenience. He must resist the Hon. Mcmber going into
any other motion than that at No. 9, the next in order on the
paper. _

J. O'CONNELL intimated, that b lieving the 1-lon
would have overlooked the mistake, and havaig served a noti,
on the Clerk of the House last night, to correct it in the vote-.
this morning, but which had not been done, be had prepared
himself for No. 22, and was not ready to go en with No. 9.
DR. FITZGERALD.
Air. O'CONNELL then moved that there he laid before this. House a copy of the correspondence between the Irish Govern-
ment and Dr. Fitzgerald, stipendiary magistrate in the county
01 Waterford. on the subject of the trial of persons of the name
of Keoy, who were tried at the last ass:zes of Waterford,
helix- the Lord Chief Baron, and up,-ri which the Chief Baron
proii,,oric,,d severe censure on the conduct of the said Dr.
Fitzgerald. Als,i, clay of the repart of the said trial
furnished by the Lord Chiei Mixon to the lri,h Clovernment.
Al.o a copy of the dt.positions t. k n by the said Dr. Fitzgerald
against the prisoners previeus to the trial. Also c pies of the
atfidavits placed on the motto for aaliitittiog the said prisoner
Keoy to bail previous to the trial, with the ileci:ion of the
('ourt thereon. l'he Hon, Gentleman said the conduct of
the magistrate in question had been such as to call forth the
severe cond.mnation of Loyd Chief Baron Grady, who
had char:tete! ised his conduct as illegal and unom,titutional.
He moved for these return;, which, when furnished, it was his
intention to move for a Select Committee to it:quire into the
Matter.

Sir JAMES GRAHAM could not deny
to the
the
importance
.he question involved, and had no ,c inn depositions
being furnished, but he could n 0.;,. aeee.t, to the other
treturns of
;ought. The Hon. awl Learned' Gentleman had referred
o a
statement of de Lord Chief Baron, characterising the
conduct of Mr. Fitz;vrald as unconstitutional and illegal.
The . magistrate had been removed horn the district where
the man was given. into custody. He was sorry to say that
this conduct was, not all singular on the part. of the magis-
trates. He hoped the Hon. and Learned Member would not
press his first motion, as under the present citcumstances of
the ease it would be unneees,arv.
Mr. O'CONNELL said he must persist in potting the
motion, in order that they might appear to av
he been
negatived, as they had an ulterior object. Were a magis-
trate of the quarter sessions in England-not to give a prisoner
an opportunity of cross-examining a witness, he would not re-
main half an hour in the commission of the peace. Here was
a stipendiary magistrate, with a large income, and who hall
been several years acting. and who could, therefore,
not plead ignorance, who h.d conducted himself in this mari-
ner. He (Mr. O'Connell) should at present do no more than
to allow the two first motions to be negatived, and to press the
two latter. The Right Hon. Baronet could have no objection
to his motion for a copy of that. letter to be laid before the
House.

The motions were then put, and the two first were nega.
tived, and the two latter 'notions carried.

Mr. 1-IU.ME moved that the following gentlemen
Nerve,
be cihoslen,
to form the Committee on Private Bills
Mr. Greene, Mr. Loch, Mr. Wilson Patten, Mr. Strutt„._Si
William Somerville, Sir William Clay, Sir George Grey, Cap-
tain Jones, Mr. H. Drummond, Lord Wortley, Viscount
Etrrington, Mr..Estcourt, the Lord Advocate, and Mr. James
Wortley, pith power to send far persons, papers, and records ;
five to be a quorum.
Mr. WAWN moved for a return, in detail, snd a true and
correct copy of the solicitor's bill for the year 1845 for obtain-
ing the Act 8 and 9 Vic, c. 73, of last erasion (Newcastle..
upon-Tyne
1 Coal T
urn), and law business generally, whereby
the sum of ,985/.. .of the trust moues were expended;
alto under what, authority (if any) the surd of 3791. 163,
was !! paid to the Committee for erecting a mem. or7al to the
late Lord Collingwood, with a beacon in connexion therewith,
at the mouth at the Tyne as a landmark for the shipping ;"
the cost of erecting the beacon (if erected), and whether
erected by the authorities of the conservator! of the river, or
by any other and what authority ; also the date of the meeting
and a copy of the re,oloion and the 'tames of the Commis-
sio,.•rs pre,etit when t: e ,um I. 3791. 16, 6d. was voted.
Mr. HU E was glad to see that th- attention of his Hon.
Friend had tdeari caged to this subject, fur he had no doubt that