The Sun.
London, England, 1858-12-01 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, DECEMBER 1, 1858

those Whei had examined the case, that some final
opinion must be come to at the present time, partly
from Sir J. Brooke's illness, and partly from the
insurrection of the Chinese. He had reason to
think that mere fact, although it was put (low u.
had somewhat interfered with his authority, and
had also deprived him for the time of those who
were his best labourers. He (Lord Goderich) be-
lieved this would be borne out—that if the colony
were taken under the English protection the Chinese
would then feel that security which would enable
them to return, and give that supply of labour
necessary for the proper working of the country.
He ventured to ask his lordship to consider the
position of this country in regard to Sarawak at
the present moment. Sir J. Brooke had been re-
cognised and rewarded by the English Government
for what he had done in that country. He had
received rewards and encouragement, and it did
appear to him it would be extremely difficult, and
the people would never consent that the Govern-
ment should desert Sir J. Brooke and those other

Englishmen whose capital had been expended there.
Supposing that any attack was made on them, or
they were to be threatened by foreign countries, or
a native Power, it was quite impossible under these
circumstances that the British subjects could be
deserted, looking upon them in the light of British
subjects. If the period had arrived at which some
change in the mode of government must be made
there, the only alternative, if the English Govern-
ment do not agree to give him protection, or to take
to themselves the territory, would be, that Sir J.
Brooke would be obliged to give it up to some
foreign Power. It was doubtful if he could do that
without direct permission of Government, and was
Government prepared to give that direct authority to
enable him to hand over that settlement to the Dutch
or to any other foreign Power P If not, Sir J.
Brooke, after what he had done, after the approba-
tion of the Government and of his Sovereign, was
put in a very hard position. He should be exceed-
ingly sorry if the Government gave him leave to
hand it over to the Dutch. One point was not
touched upon very much, which was, if we really
are in a position not to take possession of that colony,
we are bound to give some kind of support to our own
subjects, who on the faith of what had been done,
have embarked their capital, and to a certain extent
their lives in that district, and he would venture to
impress upon his lordship the political importance
of a coal field of that kind. In these days of warfare
possession of a coal field of this kind is of the highest
importance, and they should not let it slip through
their hands, if they had the power of retaining it.
In Mr. Devereux's report be left the question of Sir
James Brooke's title very indefinite by the want of
a deed of possession on the part of the Rajah. Now
a copy of that deed was in the room, and it gives to
Sir James Brooke full power to make that territory
over to any person or Government.
The Earl of DERBY—By whom is that drawn.?
Mr. FAIRBAIRN—It is drawn by Sir Jas. Brooke.
Mr. CRAWFORD—I wish to make one observation
more with reference to the question of boundary.
The boundaries are clearly defined, by the sea on
one side, by mountains running on the other, and
also clearly defined on the other side ; so that there
can be no question of the boundaries.
A MEMBER of the DEPUTATION—Your lordship
will allow me to observe in point of fact that if Sir
James Brooke has no protection from this country,
there is nothing to prevent a Dutch or a French ship
of war going and taking possession of it. It is clear
that he cannot carry on a war with the French or
with the Dutch, and he must at once give way. If
Sir James Brooke had taken my advice, after the
treatment he got from Lord Aberdeen's Government
he wouldnot have troubled any other Government.
These gentlemen have aright now to ask for a deci-
sion—" Yes",:or "No ;" whether this counisty mean
to grant this protectorate or not. As far as I am indi-
vidually concerned for Sir J. Brooke, I confess that
I do not care either way.
The Earl of DERBY said, he had listened with
great attention—the attention to which the depu-
tation was entitled—to the statements made upon
this subject, which was one of considerable import-
ance, but one of considerable. difficulty. What had
fallen from Lord Goderich had only strengthened
the view which he had always felt of the extreme
inconvenience, to say the very least of it, of such
undertakings as Sir James Brooke's. He wished
to speak of him with the highest respect. He was
a man of great energy and influence, and there was
not the least doubt, to his personal influence and
efforts the improvement was owing in the district
of Sarawak. But what fell from Lord Goderich,
to the effect that it was impossible that the British
Government could allow British subjects who have
invested their capital on the faith of what had been
already done and to a certain,sxtent sanctioned, to
remain unprotected was a very strong argument
against the extreme inconvenience of sanctioning
such undertakings as those of Sir James Brooke.
Sir James Brooke, a mere private individual, and
upon his own responsibility, without consultation
or authorisation from the Government, entered into
a treaty or arrangement, or whatever they pleased
to call it, into the terms of which he need not in
too closely, by which Sarawak was made
over to him, subject to the Sultan of Borneo. He
exercised very considerable influence in the coun-
try, and no doubt effected considerable improve-
ment; but if every English subject were to:be allowed
to settle in any district he might think fit, and
afterwards to call upon the Government as a matter
of right to give him military and civil protection,
and to secure him from the consequences of con-
duct which was not in the slightest dcgreee an-
ticipated by the Government, it must lead the
Government
.into endless difficulties and expen-
diture. With regard to the opinion that seemed.
to be entertained as to the seizure of Sarawak by
the Dutch in the event of its not being taken into
the possession of the British Crown, he rather
thought that the negotiation to which Mr.
Crawford referred between Lord Aberdeen and
the Dutch Government some years ago, and the
treaty which had been concluded with the Sultan
of Borneo, did away with all apprehension of any
exclusive jurisdiction being exercised by Holland ;
sainod, nsNhmvigathetv ebre,tihne
piomimptorotfafnaccet
tohf differentat pos
country
which
h-
had the command of the sea would always have
the command of the trade and commerce of those
districts. He (Lord Derby) did not deny the merits
of Sir James Brooke, and he did not deny the ad-
vantages which he had conferred on Sarawak ; but
he very greatly doubted Sir James Brooke's power
to make over—certainly not to the Dutch, but to
make over to the British Government —an absolute,
entire, and unconditional sovereignty of that terri-
tory which he had been permitted to govern.
Moreover, the question was one of very great diffi-
culty and doubt whether, apart from the personal
influence of Sir James Brooke, the settlement of
Sarawak was one of the importance which the gen-
tlemen present seemed to attribute to it, and of
course that very much shook his opinion upon the
subject. But certainly hitherto it had not been a
thriving settlement. It had not conferred very
great commercial advantages, although there had
been some ir. o 'easa in the exports. Under the pre-
sent circumstances it seemed to him very doubtful
whether it was one which it would be for the in-
terest of the Government to take into their hands,
multiplying and increasing the colonial dependen-
cies of the country, which were already tao ntime-
rous ; every fresh addition to which added fresh
expenditure—not.only the expenditure of the local
government, but the consequent increase of the
military and naval forces to protect them. So that
he looked with very great jealousy tit increasing
the number of our dependencies or new settle-
ments. They were not additions of strength but
of weakness, and all these considerations had been
very carefully inquired into by the Queen's Govern-
ment. They did not think there was any appre-
hension whatever with regard to the case of the
Dutch. He must say, at present they were
not fully satisfied with regard to the commer-
cial advantages of Labuan aad Sarawak, and
the various propositions put before them by Sir
James Brooke appeared to them to involve a choice
of difficulty, inconvenience, and embarrassment.
Of all the proposals which had been made, that
which was the least objectionable would be the
absolute surrender of Sarawak to the British
Crown as a colonial possession ; but, then, there
I must betaken into consideration whether the ac-
'eptance of that as a colonial possession was worth
• the price to be paid for it in the first instance and
s
the e...vense of maintaining it afterwards, because
they m. James
bear in mind, although it was very true
that Sir James Brooke, by his personal influence,
Ism enabled to improve that settlement
may haVe .
• good relations with the native tribes,
and keep up that the same consequences would
it did not
ensue if the ~,'ttlement were made over to the
• thrown open to British enter-
British Crown,
prise and colonisat And all experience showed
;-11;',
,liir,ooke would be the first to
them, and Sir James
admit it himself, all:.4:allEh he has been able to
ttl
make the revenue of the se ement pay for the
government—the revenue be.4ug.. about £15,000 a
year—that, if it werelanded .
not maintainto the British
Government, twice that sum woui:l
the local goTerrtment. If they pressA (Lord
Derby) for an immediate answer, the
0 7ernment
would take into 'consideration any s-aggesi... •
ilns that
came from gentle men of experience and knolsjedge,
such as themaa Ives ; but he must say his own
opinion and
that t'f his colleagues had been,
was up to that meolent, adverse to the adoption of
any propositions NA'lich had been made to them by
Sir James Brooke. Be would not say that decision
had been takeri finally, but certainly at the present
moment he NV,IS not ru a condition to say that the
Government wc.si e prepared to accept any of those

propositions, nor did he think it likely any of those '
propositions would be accepted. With regard to
Sir James Brooke, he did note conceive he had a
claim upon the Government in respect of what
he rind done for his own - purposes, and ob-
jects; his was a half political and •half com-
mercial speculation. He (Lord Derby) did
not think he had a claim upon the country
in consequence of the steps he had taken;
it must be a matter of pure balance of
the advantages or disadvantages of taking or not
taking this as a settlement, even supposing, under
the terms of his engagement, Sir James Brooke has
the power, without the consent of the Sultan of
Borneo, to make over a sovereignty which he does
not, he thought, at the present moment possess. It
was manifest, unless he had entire authority to
hand it over, it was not in the power of the Crown
to accept a feudal tenure, and he believed Sir James
Brooke had nothing more than that description of
feudal tenure. At the present time the views of the
Government were not favourable to the adoption of
any of the propositions laid before them.
Lord GODERICII-I did not mean to lay it down
that any British subject can rest a claim upon the
rewards given him.
Mr. FAIRBAIRN said he should be sorry to leave
the room without confirming the remarks of Lord
Goderich and endeavouring to remove the erroneous
impression on his lordship's mind. Sir James
Brooke never asked the protection of England nor
sought her interference in his country until, as a
consequence of the honours which were showered
upon him, and of the shield of apparent protection
which was thrown over him by the English Go-
vernment of the day, British subjects were induced
to embark their lives and their money in Sarawak,
and thus placed upon him responsibilities too heavy
for a private gentleman to bear.
M.r TURNER..—The English Government did
recognise the authority of the Sarawak courts of
law over British subjects. There was that kind
of formal acknowledgment of his position.
Lord DERBY said he supposed there was over any
British subject settling there. They 'consented
that he should exercise the same authority over the
British subjects as he exercised over the native
population, which authority he derived from the
powers conferred upon him by the Sultan of Borneo.
The Sultan- gave him authority, and they on their
part said, if British subjects went to Sarawak they
must consider themselves under Sir James Brooke
and subject to the laws of the place. They could
not hear causes of complaint on the part of British
subjects if they chose to go there.
Sir DALRYMPLE ELPIANSTONE thought the main
point was the geographical position. The whole
commerce that passed through the Straits of Singa-
pore must of necessity pass along the coast of
Borneo ; and if there should be a war, and privateers
were to get into that sea, and these coal mines were
in the possession of any other Power, then our com-
merce would be cut up.
The Earl of DERBY—That depends upon our
naval superiority.
Mr. CRAWFORD thanked the Earl of Derby for
. his courteous attention, and the deputation then
withdrew.

remove great defects, one may say rectify gross
blunders, in former legislation, brought to our no-
tice by manifest failure of justice in causes actually
tried. Thus it was found that the true construc-
tion of the old act punishing the • obtaining money
or goods on false pretences did not reach the case
of acceptance of bills, or signature of notes; so that
a person might cheat you of your acceptance or
signature for £l,OOO, because it had no value in
your hands; but it ilecame the means of at once
charging you with that sum at the suit of the dis-
counter who had given value for it without the
knowledge of the fraud. At the suggestion of the
Law Amendment Society I obtained the assent of
Parliament to a bill for amending this glaring de-
fect in our criminal, I may say, in our mercantile
law. The Copyhold Acts, which I was some years
ago prevented from making as effectual as I had
desired, and which did not give either to the lord
or the tenant sufficient powers of compelling en-
franchisement, still continue inadequate ; but a con-
siderable portion of the compulsory powers I had so
long contended for is given by an Act passed late
in the session ; and I greatly approve of the provi-
sions respecting certificates of encumbrance, which
really make them a marketable security transfer-
able by endorsement.
" The violent opposition to the Divorce Act of
1857 had caused many defects to be left in it.
Though this is one of the few subjects on which I
fear you and I still disagree, I know well that, if
the proceeding for dissolving
j the marriage con-
tract is to form part of our judicial system, you
will be the first to admit it should not be ham-
pered with repugnant matter, and disfigured by ano-
malies which leave in its full force the principle
objected to, and only needlessly increase the ex-
penses of the parties seeking relief under it, and
augment the difficulty of the Court in construing
the Act of 1857. The adversaries of that act resisted
the Attorney-General's Bill to amend it ; and hence
some Material defects are allowed to remain. But
considerable good has been effectedby extendingthe
Judge-Ordinary's powers, by protecting the de-
serted wife's property, by admitting the evidence
taken in suits before 1857, by removing all doubt as
to appeal in cases of nullity of marriage, and by
enabling the Court to dismiss a party from the suit
in which there was no evidence against him, in
order that he may be a competent witness. This
last provision was thought necessary in consequence
of the Court having decided that my Evidence of
Parties Act (1851) excluded parties under the act
of 1857, and that they could not be made competent
by dismissal. I ventured, with great deference, to
agree with the minority of the judges who were
divided in that case, and I had hoped that the judg-
ment would be altered on further consideration.
The new act, however, removes all doubt and diffi-
culty.

" But another measure of the Attorney-General
must be regarded as a very important step in the right
direction, and is likely to be followed by further
progress, though in itself it may seem to be of
subordinate importance, from being confined to one
kind of suit. I allude to the act, introduced for the
first time into our law—the declaratory action, found
so beneficial in Scotland, for the security of titles,
prevention of vexatious litigation, and preserving
the testimony of living witnesses. This act is con-
fined to eases of legitimacy, marriage, and place of
birth ; it enables any person to apply for a decree
of the new Court, declaring his legitimacy, the
validity of the marriage of his parents and their
parents, and that he is a natural born subject. The
decree is not to affect the rights of persons not
cited in the cause, nor of those claiming through
persons cited. The want of declaratory action in
England has been complained of by all Chancellors
When dealing with Scotch causes under that
joined in this complaint, and eieavoured to supply
the defect (it formed the subject of one of my nine
bills, introduced in 1845, the greater part of which
have since passed, but not this), I begin to enter-
tain hopes, from the partial success of my frietid
the Attorney-General, that hereafter the same re-
medy will be extended generally, and persons no
longer obliged to continue in uncertainty of their
rights until actually sued, when their adversaries
alone may possess the evidence their case requires.
"The step which has been taken in Ireland for
the permanent establishments of the Encumbered
Estates Court, and the extension of that most im-
portant jurisdiction to other than cases of encum-
brance, is of incalculable value. It really gives
one hopes of a similar benefit being conferred upon
England. But I was induced again to present my
bill for facilitating the transfer of real property ;
the postponement, however, of so large a measure
for further discussion was quite unavoidable. I
certainly consider it of great importance, and the
rather because it is grounded on actual experience.
The bill was drawn by my very able and learned
friend Mr. Fawcett, and the plan is the result of
his long and varied experience. He is an excel:
lent conveyancer and practised lawyer. But the
experience to which I refer is as steward of many
of our Cumberland copyhold and customary manors
during a period of 30 years. Thus, in one he has
never found a single instance of disputed title in all
the 500 estates of the manor ; they have every one
been repeatedly passed by sale, mortgage, and de-
vise or descent. The cost of the conveyance never
exceeds a few shillings, and the length of the deed
100 words. That the extension of this mitem to
freehold estates will require some machinery for
registration is clear ; but, when you consider the
provisions of the bill, I would fain hope that you
will admit the change in our system to be both
practicable and safe.
" The great extension and improvement of our
jxlicial statistics, is a matter of just congratu-
lation ; and Messrs. Fonblanque and Redgrave
deserve great credit for their most able co-
operation to it. What my Bill of 1856 was
beneficial law ; and having more than once 'both
intended to provide has been happily commenced,
especially the extension to civil proceedings. When
the plan is complete, legislation will become more
entitled to the praise of being a science, and founded
upon principles of induction.

" That I continue to indulge the hope of con-
tinued improvement, notwithstanding all our dis-
appointments, is chiefly owing to the encouraging
aspect of the times, and the, now universal and
even earnest resolution of the country for the pro-
motion of well-considered measures of reform in our
institutions ; and, most of all, because it is the first
of all, in our jurisprudence. I purposely pass by
Parliamentary Reform, not that either of us can feel
indifferent on that great subject, but because it be-
' longs, not directly to the matter now mainly in
hand. Yet, how can I avoid turning my eye to-
wards other countrieswhen speaking confidently of
our awn steady, though' occasionally somewhat
tardy, progress, without feeling most thankful for
security from all that has happened to their reforms?
Think, my dear old friend—well may I say so, foi,
I am needing on the period of our first 40quaint-
awe at Professor Playfair's class, during the Rein
of Terror in France, perhaps in England too,"when
the savage and irresponsible tyrant, the multitude,
domineered in the one country, and the law, through
Erskine's immortal triumphs, be sway in the 'other
—think how all has been peaceful progress, with
freedom more firmly established here; and there--
but let us turn., from the sight. The difference be-
tween the two countries, both well fitted for a free
constitution, lies in a sentence, as I took leave to
declare in our House when discussing reform in
1857. In England there ever prevails and ever
rules the wise principle of avoiding extremities in
the most violent of party contests, so that by timely
and often by mutual concessions, our institutions
may be saved ; in France, all party conflicts tend
towards disruption, and too often terminate in re-
volution."

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FROM THE GAZETTE OF YESTERDAY.

WAR-OFFICE, Nov. 30

Tho Queen ha been graciously pleased to give orders f:(
he appointment of

Charles Joseph La Trobe, Esq., some time Lieut.-Governor
of the Colony of Victoria ; Herman Merivale, Esq., one
of the Under Secretaries of State for the Colonial De-
partment ; James Douglas, Esq., Governor and Com-
mander-in-Chief in and over Vancouver's Island and the
Colony of British Columbia ; William Stevenson, Esq.,
Governor and Commander-in •Chief in and over the
Island of Mauritius; William Arrindell, Esq., Chief
Justice for the Colony of British Guiana ; and James
Buchanan Macaulay., Esq., some time Chief Justice of
the Common Pleas for Canada West;

to be Ordinary Members of the Civil Division of the Third
Class, or Companions, of the Most Honourable Order of
the Bath.
WAR-OFFICE, PALL-MALL, Nov. 30.
Royal Engineers—Brevet-Colonel Henry Owen C6,wley
to be Colonel, vice Savage, removed as a General Officer;
Brevet-Major' James Holt Freeth to be Lieutenant-
Colonel, vice Crawley ; Second Captain and Brevet-
Major Charles Brisbane Ewart to be Captain, vice
Freeth ; Lieutenant Charles Elwin Harvey to be Second
Captain, vice Ewart.
COMMISSARIAT DEPARTMENT.

Acting Commissary-General John W. Smith, C. 8., to
be Commissary-General.
Commissary-General John W. Smith, C. 8., to be Com-
missary-General-in-Chief.