The Sun.
London, England, 1835-08-21 00:00:00

GENERAL DARLING.

Mr. TOOKE moved that the Committee of Inquiry into
General Darling's conduct should be empowered to send for
persons, papers, and records.
Sir HENRY HARDINGE regretted to say that the in-
quiry was not conducted with the harmony which was desira-
ble. For his own part, he desired to appeal to the House,
and to the Chair, to know whether the Committee was or was
not a Committee of Inquiry, and whether it was not acting
improperly in assuming much higher powers? If the powers
attempted to be assumed by the Committee were granted, the
liberty of the subject would be seriously endangered ; and
thinking that the proceedings of the Committee was most
tyrannous, he objected to continuing his attendance, unless he
received an assurance from the House that the Select Com-
mittee appointed to inquire into the conduct of General Dar-
ling was not a Committee vested with judicial powers. In
that Committee charges had been brought against General
Darling, which were charges of murder or of manslaughter :
the Court before which those charges were to be tried, had
been appointed by the Hon. Member who conducted the pro-
secution ; and the witnesses who were examined were not
sworn. Under these circumstances, he thought that justice
could not be done. He must regard the Committee as a de-
mocratical Star Chamber, unless its functions were confined
to the business of inquiry. It would be in the recollection of the
House that the appointment of the Committee was opposed by
the Government, but that they were overpowered by the Hon.
and Learned Member for Dublin,and the question carried against
them. He had in the Committee proposed a resolution declaring
that it was merely a Committee of Inquiry, but he was met by the
previous question. He had intended to follow up that resolu-
tion by another directing that strangers should .be excluded,
but he was told that the Committee was a judicial Court, and
ought therefore to be open to the public. He had also to
complain of the manner in which the Committee had conducted
their proceedings. The Right Hon. Gentleman was about
to detail the circumstances relative to the different inquiries
which General Darling's case had undergone, when he was
interrupted by
Mr. AG L lONBY, who thought that those matters had no
connection with the conduct of the present Committee.
Sir H. HA RDINGE thought that they constituted a strong
prima facie case of General Darling's innocence.
Mr. %VA RBURTON said the proceedings of the Com-
mittee were carried on in the usual way, and though some
strong and perhaps improper observations might have been
made, that was nothing extraordinary, for such observations
were frequently made in the House itself. He should always
object to the House coming to a decision impugning the ju-
dicial powers of a Committee.
Sir HENRY HARDINGE said he did not use the term
in an invidious sense, but for the sake of brevity.
Mr. WARBURTON would, conclusion, only say that
some of the Tory Members bad i.,,diuested the Hon. Member
for Tr'leo to draw op the charge ; that charge was referr,-d to
the C.;mmittec, and z it Lhe Committee had made its Report
the House could not prejudge it, p,.ce,:ylings.
Sir H. VERNEY said (1011,.al Darling was most .!ir.iou.s
that every publicity shoulu be giv,n to the inquiry.
Mr. M. O'CONN7LL said that duri3g, his absence he had
underg,ood that he had bran dosignatt.6 by the Hen. mad Gal-
lant Cilicer as the prosecutor. Now, in the discussions which
had taken place in the Committee hr hid declared that lie did
not appear in that character, and he, therefore, did not think
that any person had a right to ~pply to him as offensive epi-
thet of that description. . _ _

Sir H. HARDINGE said the Hon. Member !nid objected
to the term prosecutor. He wishe,t to say that h, had no i,,-
tention cf giving offtmcg by using such a phrase.

Mr. M. O'CONNELL had also understood that it had
been stated that he hal conducted th.z., prosecution at the le-
quest of another Member, and also that a charge had been
made against him for producing a model of the irons or fetters
used. His reason for doing so was to enable the Committee
to judge, as nearly as possible, of what description they were.
Sir H. HARDING E thought it would have been better if
these irons had not been produced, and especially by one who
was sitting as a Juror in a judHal inquiry.
After a few words from Mr. M. O'CONNELL,

Mr. AGLIONBY called on the Hon. and Gallant Officcr
to state his charge against the Committee, and he would be
ready to meet it.
The SPEAKER said that certain expressions had been
used with which an Hon. Member had been dissatisfied, and
it appeared to him that a sufficient explanation had been made
when the Hon. and Gallant Member said that all he meant to
say was that the other Hon. Member conducted the prosecu-
tion. With regard to the right of the Committee to exclude
strangers from a Select Committee, he thought there could be
no doubt that such a Committee had the power not only to
exclude strangers but Members of Parliament not on the Com-
mittee ; and he remembered on one occasion, when he was
Chairman of a Committee, a proposition was made to exclude
a Member of Parliament, which was agreed to, and the Mem-
ber was accordingly ordered to withdraw.
Mr. AGLI-O-NBY again called on the Hon. and Gallant
Officer to specify the charges against the Committee.

Sir HENRY HARDINGE said one of the charges, was,
that when he stated that a Select Committee was not a judi-
cial tribunal, and that strangers ought to be excluded, an Hon.
and Learned Member opposed hir.i, and contended that as it
was a Criminal Court it ought to be open, and when he (Sir
H. Hardinge) appealed, his appeal was rejected. Another
objection was, that as the Hon. Member for Tralee had a dis-
tinct adviser, it did not become him to be a party to such a ty-
rannical proceeding as to allow a Committee to assume the
functions of the House. He had, therefore, in the Commit-
tee, as well as in the House that evening, described such a
Committee as a Star Chamber Court, as a democratical
Court, and a monstrous Court.
Mr. AGLIONBY said the Members were anxious to do
their duty, and notwithstanding the taunts and accusations of
the other party, and notwithstanding the threatened absence of
the Hon. and Gallant Officer, he would go on with the in-
quiry, and do everything in his power to render justice to
General Darling.

After a few words from Mr. O'CONNELL,

Sir HENRY HARDING E said what he complained of
chiefly was, that the charges against General Darling were
couched in terms charging him with murder.

Mr. WARBURTONrose to speak to order; first, because
the Gallant Officer had spoken on the subject repeatedly, and
also because he was finding fault with the very subject under
discussion.

Sir HENRY HARDINGE contended he had a right to
explain, and was about to make some further observations,
when

Mr. HUME rose to order, and said if the Gallant Officer
found fault with the proceedings of the Committee, he ought
first of all to have them read.

The CHANCELLOR of the EXCHEQUER said that
till a Committee had made its Report the House had no right
to make any use of a portion of its proceedings.
Mr. TOOKE, as Chairman of the Committee, vindicated
the whole of their proceedings.
Mr. TWISS complained that the Committee would not
pledge itself to any definite course of proceeding. The cha-
racter of the tribunal was left in such a state that it was im-
possible to know what they were going to do.

_
Dr. BOWRING maintained that the Committee certainly
had refused to interpret the resolutions of the House by any
resolution of its own.

After a few words from Mr. FRESHFIELD,
Mr. WAKLEY stated that if he considered the Com-
mittee to be a judicial Committee he would not have belonged
to it. He regarded it merely as a preliminary Committee of
Inquiry.
The motion was then agreed to that the Committee have
power to send for papers and records.
Mr. TOOKE proposed that a certain list of Parliameetary
papers should be, referred to the Committee.
The„CfIANCELLOR of the EXCHEQUER objected
to thecdurse as beince somewhat unusual. As a matter of
cout"se the papers could be moved for in the Committee, and
ivoitine sent to them.
;-,-O'CONNELL observed that the objection to the
prodaCtion of the. papers came from a person professing him-
self ti lithe friend of (general Darling.—( Hear.)
Mr.;„ TOOKE said" tlat he would, presuming they could
have access' to the papers, withdraw his motion.
SITTING OF THE HOUSE.
The SPEAgliatstated his intention of taking the Chair
at a quarter to four o'clock (this day.)
Mr. SEIEIL gave notice that on going into a Committee

of Supply, he would bring forward his motion relative to the
Rajah of Tanjore.
Upon the motion of Mr. BROTHERTON, the House ad-
journed at a quavter to Twelve o'clock.

HOUSE OF LORDS, Aueusr 20.

The VICE-CHANCELLOR took his seat on the Woolsack at
five minutes to five o'clock.
Lord RADNOR presented a petition in favour of the Cor-
poration Reform Bill.
Lord POLTIMORE presented two petitions to the same
effect.