The Sun.
London, England, 1835-03-10 00:00:00

HAND-LOOM WEAVERS.

Mr. J. MAXWELL rose and said that in moving for the
re-appointment of the Committee of Inquiry into the distresses
of the hand-loom weavers he would first lay before the House
a petition to that effect which had been signed by 12,000 of
that body of operatives employed in Perth. As he believed
there would not be any opposition offered to his present motion
he would not trouble the House at any length, and he now
merely moved " That the report upon the subject made by the
Committee of last session be read at the table of the House."
The report was read by the clerk at the table.
Mr. MAXWELL then moved that a Committee be ap-
pointed to inquire into the condition of the hand-loom weavers,
and to report upon the same to the House. Mr. Maxwell
said that he had scarcely any necessity to mention that the dis-
tresses of this large and useful class of persons had been esta-
blished by an inquiry last year, and that it must still be in the
recollection of the public that it was extensive and very great.
He should not further trouble the House, as it was not the in-
tention of his Majesty's Ministers to offer any opposition to his
motion.

Mr. A. BARING thought that the Hon. Member could
not for a moment suppose that there was any disposition in
any part of the House to deny the most ample attention to so
important a subject. He had stated to the Hon. Member what
he had stated to the House, that if the case of distress had
come to him as one single question he should have decided it
as the Right Hon. Gentleman who had preceded him in his
office had decided it, and be should have said that it was not
a right subject to go before a new Committee. The last
Committee that had conducted the investigation had contained
the names of many Gentlemen of very considerable reputa-
tion, but when he reflected upon the fact that the inquiry con-
cerned the condition of not less than 80,000 persons employed
in this species of manufacture, he could not but concur in re-
commending to the House that it should again hear the case.—
( Hear, hear, hear.) There might by possibility be some means
devised for relief, and the parties might think themselves
aggrieved if an inquiry were denied into their case. He was
aware, however, that upon the other hand much would be said
against the impropriety of exciting expectations that the House
could be able to do for the sufferers what in reality they could
not do. For his part he did not think that any thing beneficial
could result from the present inquiry. He should not now
oppose the appointment of the Committee.
Mr. T. ATTWOOD—The Right Hon. Gentleman who
had just sat down had said that it was not possible to improve
the condition of the 80,000 persons who had petitioned the
House.

Mr. BARING said nothing of the sort. All he had said
was, that he did not think that any relief could be afforded by
any of the means that had been suggested to the Committee,
or by any Legislative interference.
Mr. A TTW OOD continued. He begged the Right Hon.
Gentleman's pardon. The Right Hon. Gentleman then had
said that the measures recommended to the Committee were
not proper to give relief. He agreed in this particular with
the Right lion. Gentleman, that the measures proposed were
not calculated to afford relief; but he denied that it thence
followed that Parliament could adopt no measures whatever
calculated to attain the object in view. All he could say was,
that if 80,000 persons were in great distress, and Parliament
could afford them no relief, he did not know what the House
sat there for. He would maintain that the wrongs of these
people could be redressed, not by the measures which had been
recommended, but by the peculiar means which he had brought
forward.—( Laughter. )
Mr. HUME wished to ask his Hon. Friend who made the
motion, whether it was his intention to go into further evi-
dence?

Mr. H UTT was opposed to the proposition before the
House, because he was convinced that it would afford no help
to the suffering classes.
Lord F. EG ERTON rose to return his thanks to his Right
Hon. Friend, the President of the Board of Trade, for ac-
ceding to the motion before the House. Anxious as he was
to meet the question of the distresses of the very extensive
classes which were suffering the privations that had been
proved; anxious as he was to convince them that Parliament

had given the fullest attention to the subject ; at the same
time he was bound to confess that he could not entertain a
hope that the plans that had been advocated could be found
capable of producing that substantial and practical relief which
all men must join in wishing that Parliament could afford.
The extent of the distress, and the exemplary patience with
which it had been borne in the county which he had the ho-
nour to represent, he could bear testimony to, but he was
bound to say, that the distress arose from causes which it would
be very difficult for Parliamentary legislation practically to
remove.

An Hex. MEMBER said that the great object of the present
motion would be to procure the evidence of the master manu-
facturers, with which the petitioners would be satisfied.
An HoN. MEMBER from the Ministerial benches expressed
his conviction that no relief could arise from the appointment
of a Committee.

Mr. MAXWELL contended that the people had a right to
have the experiment tried.

The motion was then put and carried, and the following
Committee appointed :
Maxwell, J.
Brothertoz?, J

Speirs, Captain
Cayley, E. S.
Ainsworth, Peter
Fitzsimon, C.
Beckett, Sir J., Bart.
Scott, I.ord John
Harland, W.
Oliphant, L.
Hardy, J.
Wetayss, Capt.
Aglionhy, H. A.
Gordon, Hon. W.
Parnell, Sir H.
Robinson, G. R.
Stanley, Lord
Young G. F.
Blamire, W.
Baines, E.
Wallace, It
Philips, M.

Stuart, Lord D. C.
Turner, %V.
Maule, Hon. Fox
Buckingham, J. S.
Fergus, John
Forbes, W.
Attwood, M.
Stuart, Lord James
Brocklehurst, J.
Euston, Earl of
Bannerman, A.
Stormont, Viscount
Ruthven, E. S.
Walker, R.
Wilbraham, G.
Palmer, C.
Thomson, C. P.
Baring, A.
Bowling, Dr.
O'Connell, D.
Thornley, Thomas
ice to bring in a Bill
portion of the pro-
loyed in the Bank of
Leman then obtained
relating to securities
Ither illegal transac-

Graham, Sir J. R. G.
Fielden, J.
Ashley, Lord
Boiling, W.
Morpeth, Viscount
Fleetwood, H.
Oswald, R. A.
Gillon, W. D.
Wilmot, Sir Eardley
Attwood, T.

Williams, W.
Wakley, Thomas

Plumpiie,J:y.

•
Stanley, H. T.
Hallybutton, D. G.

,
'Ferment, Emerson
Mullins, F. W.

Bulwer, H. L...
Egerton, Lord Fran.
Mr. ROLFE moved and obtained le
for investing in Government Securities
perty of bankrupts' estates lying unemp
England. The Hon. and Learned Gent]
leave to bring in a Bill to amend the laws
given for gaming, usurious, and certain c
tions.

NEWSPAPERS.

The SOLICITOR-GENERAL rose to move for leave to
bring in a Bill to indemnify persons who have omitted to coin-

ply with certain of the regulations contained in an Act of
38 Gee. 111., c. 78, respecting the printing and publication of
newspapers, from penalties incurred under that Act. He was
quite aware that no Bill of Indemnity ought lightly to be
passed ; but he thought that the circumstances of the present
case—no injury having been occasioned by the violation of the
law—the conduct of the informer being vexatious in the ex-
treme, and the actions having been evidently brought for the
purpose of extorting money_ there would be sufficient ground
for deviating from the general rule. At this moment there
were three hundred actions pending on this subject, and those
were brought to recover a penalty of 1001. in each ; the penal.
ties on the daily newspapers in the course of the year, for wh:3.).
the informers were entitled to sue, amounted to 30,000/., rri
the penalties on the weekly newspapers, though of course less,
had in some instances been claimed to the sum of 10,000/.
All these actions were brought in the name of one person—.a
writing clerk, of the name of Smith, in the service of an attor-
ney; but they were really brought by another individual, who
had been lately sentenced to imprisonment by the Court of
King's Bench for a libel. It would be necessary for him
to state the enactments, the operation of which in the
present case he proposed to remedy ; for it was his intention
to introduce a provision into his Bill, to prevent the recurrence
of similar measures. The Act in question was the 38th of
George 111. chap. 78; it was passed in the year 1798, for the
purpose of enabling proceedings to be better taken against
newspapers in cases of libel. That Act required that no per-
son should publish a newspaper until an affidavit had been
made, stating the names, additions, descriptions, and places of
abode of all the persons who intended to be printers, publishers,
or proprietors of it. This affidavit was directed to be filed
at the Stamp-office, and any person who published a newspaper
without having previously complied with the provisions of the
Act, became subject to a penalty of 100/. There was also
another provision of the same Act, compelling, on pain of a
penalty of 100/., that the name and abode of the publisher and
printer, the description of the place where the newspaper was
printed, and its title, should be affixed to each paper. The
House would observe that there were two distinct offences
contemplated by the Act—one for neglecting to make affidavit
of the place of publication, the abode of the printer and pub-
lisher ; and the other for omitting to notify correctly, at the end
of the paper, the particulars of which affidavit had in the first
instance been made. The informer who had brought the ac-
tions which were the subject of this motion, had grounded the
prosecutions on a non-compliance with that part of the Act
which had reference to the abode of the printer ; and because
he had discovered that it was a common practice throughout
the country to have such a statement as the following placed
at the foot of newspapers--namely, " Printed by A. 8., at
St. James's-street, in a certain city," lie brought his actions,
and in many cases obtained damages, because the residence of
the publisher was not distinctly set forth on the face of the
publication. It would be seen, then, that these actions were
brought for a very immaterial omission on the part of the pub-
lisher—namely, that of not mentioning his own place of resi-
dence, but merely stating that the place where the paper was
printed was his abode. The most vexatious and harassing prose-
cutions were instituted by the individual to whom he haealluded

-for this and similar trivial neglect, to one of which he hoped
he might be permitted to draw the attention of the House.
A person residing in Cornwall, who was the proprietor of
a newspaper, had died a short time ago, and his widow
having come into the possession of the property made an
affidavit, as required by the Act, but failed to add that
she was a widow ; and for this omission there was an ac-
tion pending for no less a sum than 10,500 i. He thought this
case alone would justify the House in the interference which
he intended to recommend.—(Hear, hear.) The whole
course of the proceedings, however, adopted by the individual
to whom he had referred, were alike marked by effrontery and
vexation. He had sent letters to several editors and proprie-
tors of newspapers, which purported to contain the opinions
upon this question of several eminent counsel, and amongst
the rest of the Lord Chief Baron of the Exchequer; and lie
tendered his advice, grounded upon these opinions, to those
persons that they should compromise the actions which were
pending in the best way they could devise. Though in some
instances he failed to attain his object, yet he (the Solicitor-
General) believed that in many cases he did prevail in pro-
curing a compromise, whilst actions were pending, which, if
they were suffered to come to trial, would in all probability be
decided against the publisher or editor. This person had also
sent circulars to the clergymen residing in several towns, and
other persons who, he thought, would be likely to afford him
the information which he desired, requiring they should let him
know the particulars respecting the printers and publishers of
newspapers—how long they had resided in the town—where
the papers were publised—whether the printers carried on any
trade or business—and where their wives and families resided.
But the most singular part of this document was the request
which it contained that the party to whom it was addressed
would turn his attention as soon as possible to the return
which was sought for, as the object in applying for it was sta-
ted to be, that it was necessary to have it laid before Parlia-
ment.—( A laugh.) He further expresses a wish that the an-
swer should be sent directed to him, under cover to some mem-
ber of Parliament, and he (the Solicitor-General) was not a
little surprised upon looking to one of those circulars which he
then held in his hand, that in one case this individual desired
that the answer should be sent under cover to the " Solicitor-
General."—( A laugh'..) Such had been the course which this
individual had for some time pursued ; and believing that the
House would concur with him in the propriety of putting a
stop to these proceedirgs, the next point for their considera-
tion was, how that object might be most effectually accom-
plished. The lion. Member for Surrey appeared to think
that it was only necessary to bring in a Bill to indemnify those
parties against whom actions had been brought, as well as
those against whom actions were pending, at the instance of
this informer; and it would be in the recollection of the
House that for a simple Bill of Indemnity a precedent was of-
fered by a Bill which was passed in the year 1809, for compen-
sation to individuals who had been prosecuted by a person
named Wright. He (the Solicitor-General) was, however,
of opinion, that if the right of sueing were left to the common
informer, half the evil would be suffered to remain.—( Hear,
hear.) He meant, therefore, to obviate this objection, by in-
serting a clause in the Bill which he intended to introduce,
stating that those actions which were now pending at the suit
'of the common informer, should be quashed, and that no actions
should, for the future, be instituted in such cases, unless with
the advice, and on the responsibility of the Law Officers of the
Crown. Though he could not be supposed to entertain any
very friendly feelings towards the individual who had instituted
so many vexatious actions, yet he felt compelled to do him the
justice to have it enacted in the Bill which he meant to submit,
that he should be paid those expenses which he incurred upon
the faith of the existing law. He, therefore, proposed that the
defendant should be at liberty to stay the proceedings upon the
payment of those costs which were up to this time incurred.—
( Hear, hear.) This, as he had before said, would be but doing
an act of common justice to the prosecutor, and would not fall
with any very serious weight upon the defendant. If the
House agreed with him as to the principle of the Bill, the
scope and provisions of which he had endeavoured to lay before
them, lie hoped they would pass it with as little delay as pos-
sible, in consequence of the peculiar situation in which those
parties were placed for whose benefit he had submitted it to
their consideration.--( Hear, hear.)
Sir J. CAMPBELL expressed his entire concurrence in
the principles and details of the measure which the Hon. and
Learned gentleman had submitted to the House. With respect
to its provisions, he would only remark, that though that part
of the Act to whichl the Hon. and Learned gentleman re-
ferred, as requiring the residence of the proprietor and pub-
lisher to be distinctly stated, was sometimes wilfully violated
by proprietors of newspapers, yet as it regarded the printer, it
was extremely unfair that the proprietors of newspapers should
be liable to action because the abode of the printer--where he
slept, and where his wife and family resided—bad been
omitted—( Hear, hear.) He thought that an end could not
be too speedily put to those petty-fogging and vexatious
actions to some of which the lion. and Learned Gentleman

had alluded—(Hear.)
Mr. C URTE IS said that it had been mentioned in the

course of that discussion, that the name of the individual who
instituted those proceedings was Smith ; but as he was anxious
that all the odium of them should fall upon the proper party, he
felt it right to mention that Smith had been employed by a
person named Adolphus Warren. With respect to that part of
the Bill which went to indemnify the informer for the costs
which he had incurred in actions pending, he (Mr. Curteis)
doubted whether it did not require that he should receive no
benefit from the unjust practices to which he had resorted.
Mr. BAINE S, in expressing his sincere thanks to the
lion. Gentleman for the beneficial measure which he bad then

introduced, said be hoped lie might be allowed to suggest, as
a means of simplifying the Bill, that it should be enacted that

the place where the paper was published should be considered
the residence of the publisher.
The ATTO RN E Y-GENERA L, who expressed his wil-
lingness to share in the responsibility of the measure which
had been introduced by his Learned Friend, felt bound to re-

jcct any recommendation such as that offered by the Hon.
Member for Leeds, which, if adopted, would only hamper the
proposed Bill, and prevent that object for which it had been in-
troduced from being attained, which was to relieve printers
from their present difficulties, and prevent their being placed
in a similar situation for the future.--( Hear, hear.)
Mr. BONHAM CARTER was desirous that the proposed
Bill should pass as soon as possible, being convinced that it
would materially benefit the parties whom it immediately af-
fected, and give general satisfaction to the country.
Mr. CARRUTHERS said, that in Hull an action had

been brought for one of the trivial omissions which had been
noticed by the Learned Gentleman who brought forward this
Bill ; and he thought that the sooner such actions were abolished

the better.

Mr. WIGNE Y said that in the town which he had the
honour to represent, five or six of those prosecutions had been
instituted, and he bad no doubt that the Bill of the Learned

Gentleman would be hailed there with gratification by all

classes.

Captain PEC HELL quite agreed with his Hon. Colleague
in the view which he had taken of this measure. Indeed, he
would not hesitate to assert that the announcement of this

Bill would be received by his constituents with as great joy as
if they were told that the malt-tax or window-tax would be
repealed.—( Laughter. )
After a few words from the SOLICITOR-GENERAL,
the Bill was brought up and read a first time.
IRRUPTION OF THE CAFFRES INTO THE

CAPE OF GOOD HOPE.
Mr. BAG SII AW in moving for a copy of any despatches
which may have been received upon this subject from the
Cape of Good Hope, said, it appeared that in the month
of December last, the Caffrcs, whose force he had heard
exceeded 10,000 men, had made an itruption.into the east.
ern part of that colony, which was attended with the most
disastrous effects. (Hear, hear, hear.) In bringing this
subject under the attention of the House, he begged to
disclaim any intention of wishing to attach blame to the
present Government, or to that which they had succeeded ; for

be was quite satisfied that the devastations which had been
committed, arose from causes which did not originate with
either of them. The Hon. Member here went into a detail
of the plunder and devastations which had been committed
by the Caffres, corresponding very closely to the account
which has already appeared in the public papers. lie feared
that those excellent and pious men who went out as mission-
aries to that colony would not be exempted from the injuries
which had been inflicted upon the traders. It was with the
utmost alarm that he contemplated their situation, whilst they,
in common with the other inhabitants of that part of the colony,
remained exposed to the fury of those marauders, awaiting the
arrival of a vessel which had been sent by the Governor with
troops for their assistance, but which, according to the last
accounts, were detained by contrary winds. He would now
briefly state what appeared to him to be the cause of all these
evils, and what ought to be adopted as their remedy. It was
well known to the [louse, that at the period when Lord
Charles Somerset was governor of the Cape of Geed Hope, a
sum of 60,0001. was voted for the encouragement of emigra-
tion. The consequence was, that next year a large body of
persons went to the colony in question, where they suffered
incredible hardships ; over which, however, they triumphed,
and, in a few years, established themselves in comfort. When
they landed, they had the advantage of the aid of a gallant
officer, the Member for Berwick ( General Donkin ;)
and it was impossible to speak too highly of the kindness
which they had experienced from him,—kindness which
could never be erased from their minds. During two years
after their settlement, there had been no irruption into the
colony, on the part of the Caffres ; but attacks had been made
on the frontier, and cattle had been carried off. The outrage
was represented to some of the Caffre eltief,—the offenders
were taken, tried by their tribe, and steangled. At the end of
two years, however, a considerable change took place in the
conduct which had hitherto been pursued towards the Caffres.
Instead of conciliation, the Boors returned to their old system,
and constant quarrels were the consequence. A Boor was
not allowed to follow any cattle stolen from him, at once,
into the enemy's quarters; he was obliged to apply to the
next military post, and to obtain the assistance of an officer
and some of the mounted rifle corps. On arriving at the
first kraal, if all trace of cattle ceased, the officer demanded
double the number from that kraal ; and, on refusal, took
them vi et arniis. What was the consequence of thus making
the innocent suffer for the guilty ? Was it to be wondered
at, that the former at length lost all patience, and took
the law into their own hands? This result had been
anticipated in a paper, an extract from which he would
read to the House (the Honourable Member here read
the extract in question.) It was well known that a Com-
mission had been appointed to go out to the colony and inves-
tigate the case. One part of the report of that Commission
was a recommendation that a Lieutenant-Governor should be
appointed to that part of the Colony, in order to avoid the ne-
cessity of a reference to Capetown, before any proceeding was
taken. Subsequently, Captain Stocken was appointed to that
post, but circumstances occurred which prevented his going
thither. The colony had derived great benefit from a regi-
ment of mounted Hottentots, and he appealed to an Hon.
Member present, whether they were not a most respectable
body of men. British soldiers could be of no use unless they
found something to fight with, but it was only those who, like
the Hottentots, were acquainted with the country, who could,
discover the enemy. What was wanted was a local Govern-
ment, and a proper local force. He had received numerous
letters from the colony, all pressing the appointment of a lo-
cal Government, and an addition of five hundred to the local
force. The Hon. Member concluded by moving an humble
Address to his Majesty, praying that he would be graciously
pleased to lay before the House a copy of any dispatches that
might have been received from the Cape of Good Hope, rela-
tive to the late sanguinary irruption of the Caffres into the
eastern part of that colony.
Mr. F. BUXTON concurred in all that had fallen from
the Hon. Member with respect to the late proceedings at
Graham's-town and the neighbourhood, and expressed his
hope that the course which had been pursued towards the na-
tives both in that and in other colonies would be subjected to
the strictest investigation. He was convinced that the greatest
abuses existed with reference to that subject. Several in-
stances had come to his knowledge, among which was a case
in 1830, in which one of his commanders had swept the
country in pursuit of cattle, and had shot no fewer than seven
of the natives. It was impossible to expect that peace could
be maintained, or that trade could flourish, under such a sys-
tem. Either substantial justice should be done towards the
natives, or the settlement should be abandoned altogether.
He certainly thought that it would be highly desirable to ap-
point a Deputy-Governor or some local magistrate, for the
purpose of preserving amicable relations with the natives.
Sir G. CLERK said that if the papers moved for by the
Hon. Gentleman existed, of which fact he had not had an op-
portunity of obtaining information, he was not aware that any
objection could exist to their production. He deeply regretted
the unfortunate circumstance that had occurred, and he was
persuaded that it would undergo the serious consideration of
his Majesty's Government.
Mr. BA G SHAW observed that he had ascertained that
Government had not received any dispatches on the subject.
The general impression, however, was that they had, and that
not being published, the case was much worse than was gene-
rally believed.
Sir G. CLERK represented to the Hon. Gentleman the
expediency, as no such dispatches existed, of withdrawing his
motion for their production.
Mr. BAG SHAW consented, and withdrew his motion ac-
cordingly.
Mr. SPRING RICE expressed his hope that his Hon.
Friend, the Member of Weymouth, would repeat his motion
of last year, and would add to it a motion for a copy of the
circular which had been addressed by the late Government to
the colonies, on the subject of the treatment of the natives.
Mr. F. BUXTON gave notice that he would make such a
motion on the 19th of May.