The Sun.
London, England, 1835-08-29 00:00:00

THE SUN, LONDON, SATURDAY, AUGITST 29, iSM

considering a measure which had attracted snore attention
within that House, and, indeed, had excited more interest
out of that House, than any piece of legislation which, since
the passing of the Reform Bill, had been propounded.—
( Loud cries of hear, hear.) Such being the case, he trusted
that be might take the liberty of earnestly recommending
Hon. Gentlemen not to enter, at the present moment, kit° a
discussion which could not be productive of any possible good,
and which could be only in anticipation of that most serious
discussion which must take place when the Bill was in their
hands after being printed—( Loud cheers)—when they came,
not only to express opinions but to proceed to a decision upon
the subject. He trusted, he would again say, that the ques-
tion being one of such interest and magnitnde the House
would not think that he was acting in any shape improperly or
unbecomingly, as one of those most friendly to the Bill, as it
was sent from that House, if he took the liberty of earnestly
entreating them to postpone, at present, a discussion which
could lead to no good result, and which might impede the fair,
calm, and deliberate, but resolute—(Tremendous cheering)—
decision upon the subject. He would therefore move that the
Bill, as amended, be printed and taken into consideration on
Monday next.
Mr. HUME concurred with the Right Hon. Gentleman as
to the propriety of considering this, as well as every other
measure which came before them, calmly, and with delibera-
tion • but hoped that nothing which had fallen from hini would
be taken as holding out any idea of a hope that that House
could accept, or for one moment entertain, the Bill in its exist-
ing state. He was against any such hope being for one moment
held out—against the supposition that they could for an instant
listen to the " amendments," as they were called, which had
been made in the measure, or as he should say, the alterations
which had altogether ruined it—( Hear, hear)—which had ren-
dered it such that they would be better without than with it.
When, however, the copies of the amended Bill should be
before them, they would be able to weigh the extent of the
evils which the Bill had suffered ; for his own part, he be-
lieved them to be such as rendered it wholly impossible for the
House to agree to it ultimately. He said that with great re-
gret, because they were then, on the 28th August, seeing the
last remnant of the two great measures which had been the
result of all their labours during that Session.—( Hear, hear.)
Time had been lost, excitement had been produced in the
minds of the public, and a disappointment bitter in proportion
had followed—which could not fail to be productive of the most
serious consequences.—( Hear, hear.) The Right Hon. Gen-
tleman had recommended, perhaps wisely, that there should be
no discussion at that period upon the subject. All that he'
wished was to enter his protest against being supposed to yield,
in the smallest degree, to the propriety of the amendments in
question.
After a few inaudible words from Colonel SIBTHORP,
Mr. O'CONNELL said that the period was now come, in
which the public opinion could not be trifled with—( Loud
cheers)—in which the wants of this great country could not
be looked at slightingly—and in which, if great organic ques-
tions affecting the constitution of the country came to be con-
sidered, the blame would fall on those who had gi%en rise to
such a convulsive discussion—if he might use the expression—
and not on those who had endeavoured peaceably to ameliorate
its institutions.—( Renewed cheering.)
SHANNON NAVIGATION BILL.

This Bill, after a desultory conversation, was read a second
time.
REGISTRATION OF VOTERS (IRELAND) BILL.
' This Bill was read a third time and passed.
MR. BUCKINGHAM'S COMPENSATION BILL.
On the motion of Mr. TULK, for the adjourned debate on
the committal of this Bill,
Sir J. HOBHOUSE was anxious to know from the
Speaker whether this was to be considered a private or a
public Bill.
The SPEAKER was understood to reply that it was un-
doubtedly a private Bill.
Sir J. 1:i OBHO USE then begged to read one of the
standing orders with respect to the reception of private Bills.
It was laid down in the standing order, which he read to the
House, that the House would not receive any petition for a
private Bill after the 13th March; that no private Bill should
be read a first time after the 13th April; and that no Report
should be received after the 13th June. He thought, there-
fore, that this standing order of the House precluded their
proceeding with this Bill.
The SPEAKER:wag understood to say that the further
consideration- of this Bill, though a private one, was not shut
out by the standing order which had been read.
Mr. HUME hoped that the Bill would not be disposed
of in consequence of a technical objection, but that it
would be decided on the merits of the case on which it was
founded.
Eir J. HOBHOUSE said that the objection he had stated
was no technical one, but an objection which had been very
properly taken by the Counsel for the East India Company
when they were heard at the bar. If this Bill were to be
proceeded with, contrary to the established rules of the House
in the.case of private Bills, the East India Company would
not have time to get up their case a proper manner. Jus-
tice could not be done to either party, unless the question were
referred to a Committee up stairs, and it would not be possible
that a determination could be come to by such a Committee
during the present session of Parliament.
Mr. O'CONNELL expressed a hope that the Bill would
continue to be considered a public one. He trusted that the
unjust delays which had occurred to prevent an act of simple
justice from being done, would be put an end to, and that this
question would be decided on its merits.
After a few words from Mr. WILKS,
The SOLICITOR-GENERAL opposed the claims on
various grounds ; one, that Mr. Buckingham had been warned
of the consequences of the course which he was pursuing, but
that he had nevertheless persevered in that eclairs° ; another,
that it was not in India as in England, where any Government
might laugh the attacks of the Press to scorn, knowing that
there was a popular assembly in which those attacks, if unjust,
might with ease be repelled ; a third, that if the claim was
granted, it would assume the shape of a tax on the natives of
India, who were altogether uninterested in the subject.
Mr. BUCKINGHAM, adverting to the various prejudices
which existed with reference to him and his claims, begged
leave to say a few words in explanation of his conduct. As it
was a question to him of life or death, of subsistence or want
for the remainder of his life, he felt himself justified in milting
a short statement, and it should hens short as possible. In the
first place he referred to the report of the Select Committee,
of which the Noble Lord, now Secretary of State for the
Home Department, was the Chairman, in which it was stated
that not only was his (Mr. Buckingham's) conduct in India
free from blame, but that it was highly honourable and praise-
worthy. The Right Hon. Baronet nlso, the present President
of the Board of Control, at the time to which he (Mr. Buck-
ingham) alluded, entertained opinions so different from his
present, that when the Noble Lord brought forward the motion
for a Committee, he voted for its appointment, served upon it,
and expressed great indignation at the manner in which be
(Mr, Buekingham) had been treated..

Sir JOlll4. Hbi3HOUSE denied that he had been an
active member of the Cemmittee. His name had been put
down on the list, but he was not at present aware that he had
ever attended.

Mr. BUCKINGHAM would not press that point any fur-
ther. He would apply himself, therefore, to the three prin-
cipal objections which had been made by the counsel at the
bar, and by the Hon. and Learned Solicitor-General. The
first, that he had gone to India with a perfect knowledge of
the state of the laws respecting the Press in that country ; the
second, that it was impossible that there could be a free Press
in India ; the third, that there were no funds with which to
satisfy his claim, unless by taxing the natives of the country.
He went to India in 1808 ; at which time the newspaper Press
in that country appeared to him to be as free as it actually was
at the present moment. Three or four months after he had
commenced The Calcutta Journal an article appeared in it,
which was complained of as containing reflections on the Go-
vernment of Calcutta. His attention was then called to cer-
tain resolutions of that Government—resolutions which did not
become law until after be had quitted the country. Lord
Hastings, who was then Governor-General, had, however,
publicly taken off any restrictions upon the Press; stating that
the Government had nothing to conceal, and expressing his
wish that all their proceedings should be freely discussed.
Lord Hastings arrived in India with all the high-mindedness
which belonged to an English Nobleman. But the Council
with whom he acted were servants of the East India Company,
brought up in prejudices from their boyhood, and as different
in feeling from the Noble Lord as it was possible to conceive.
They wanted to curb and coerce the Press ; he, on the con-
trary, wished it to be entirely free. While Lord Hastings
remained in India he (Mr. Buckingham) was perfectly
safe; the moment the Noble Lord left India, his (Mr. Buck-
ingham's) doom was sealed. He would next advert to
the cruel destruction of his property in India, after he had
quitted that country. When he left it in the hands of an
agent, it was in perfect confidence that it could not be
touched without a violation of law. But after be quitted
India a law was proposed and passed, giving to the Gover-
nor. General the power of licensing every journal, and with-
drawing tho licence at pleasure, and of visiting with pains
and penalties the publication of articles considered offensive
by Government. In fact it was a perfect reign of terror. Soon
after this a pamphlet was published in England, from the pen
of the Hon. Leicester Stanhope, on the expediency of a free
Press in India. The pamphlet having arrived in India, and
the sale of it not having been prohibited, the editor of his (Mr.
Buckingham's) paper announced his intention of publishing it,
section by section, in that paper, as a production calculated
to interest the reader. For fourteen days he did so without
any complaint on the part of the Government; but at the ex-
piration of that period they forcibly suppressed it. It might
be said that the amount of property thus destroyed could
not be large. Suppose the Times newspaper in this country
were suppressed. The actual loss to the proprietors would
probably amount to 200,0001., the value of its circulation ; al-
though the presses, types, &c., might perhaps, if sold, not
fetch 5,0001. If the Quarterly Review were suppressed, the
loss of tangihle property would be still less, or would be no-
thing, but no doubt Mr. Murray would feel himself a loser
to the amount of at least 20,0001. So it was with the Cal-
cutta Journal. The Government afterwards agreed that it
should be revived • but the tone of a necessary prospectus in-
serted in it was Offensive to the Government, and it was put
down a second time ; the Government coming to this deter-
mination, that as long as he (Mr. Buckingham) had any be-
neficial interest in the paper, it should not be carried on. An
editor was afterwardi chosen for it, Dr. Muster, the son-in-
law of one of the Members of the Government. Twelve years
had now elapsed, and as yet no compensation had been af-
forded to him.

Mr. WARBURTON was entirely in favour of the princi-
ple of the Bill ; but viewing it as a private and not a public
Bill, he did not know how it could be proceeded with in
the present session. In whatever light then the Bill was
regarded, whether as a public or private one, he would recora.
nerd the Hon. Gentleman to withdraw it.

Mr. TULK should be quite prepared to act upon the sug-
gestion of the Hon. Member for Bridport (Mr. Warburton),
if it were understood that, on the introduetion of the Bill next
session, the first and second reading should not be opposed.
Sir JOHN HOBHOUSE begged to observe, that Mr.
Buckingham was mistaken when he supposed that bis (Sir J.
Hobhouse's) opposition was merely ex officio. He had more
than once told the Hon. Gentleman that was not the case ;
and he thought that he had some reason to complain of the
manner in which the supposition was repeated. He did not
know that he had any great difficulty in saying that the Bill,
if withdrawn now, might be permitted to arrive at a similar
stage to that in which it at present stood. The principle of
the Bill had not yet been agreed to. He confessed he was un-
willing to make any sort of bargain upon the subject ; and
knowing how strongly he was opposed to the principle, and
seeing that the greater number of his colleagues were not pre-
sent, he knew not how the Hon. Gentleman could expect him
to enter into any arrangement which should affect the course
of proceeding next year. After the course which things had
taken, it was a little too much to expect that he should girt,
way. He had certainly anticipated that the chair would -have
stopped the debate before it had been extended to so great a
length.
The SPEAKER conceived that he had no right whatever
to stop the debate. He begged to state, however—what in-
deed he had before observed—that he considered the Bill to
be a private one, and to repeat that, being a private Bill, if
it were to be proceeded with that Session, it was necessary, in
compliance with the standing orders of the House, that seven
days clear notice should be given between the second reading
and the committal, whether to a committee of the whole House
or to a committee up stairs. That being the case, he could
only put it to the House whether it would be possible to pro-
ceed with the Bill at that period of the session.
Mr. PRAED and Mr. ROBINSON were decidedly hos-
tile to the principle of the Bill.
Mr. BAINES was not unfavourable to the principle, but
conceived it to be quite impossible for the Bill to be pro-
ceeded with at that period. He would, therefore, advise the
Hon. Gentleman to withdraw the Bill for the present, and in-
troduce it again next year.
Mr. WILKS recommended the Hon. Gentleman, after all
that had been stated, not to press the subject further on the
House.
Mr. BUCKINGHAM felt that nothing could be done
in the present session. He should, therefore, wish the Bill
to be withdrawn.
Mr. TULK would not oppose what appeared to be the
general feeling of the House.
The Bill was then, by leave, withdrawn.
COMMITTEE TO SEARCH THE LORDS'
JOURNALS.

The ATTORNEY-GENERAL rose, in pursuance of
notice, to move for the appointment of a Select Committee to
search the journals of the House of Lords, in order to ascer-
tain, if possible, what had become of two very important mea-
sures sent from that House (the Commons) to the other. He
hoped this motion would not be deemed disrespectful towards
their Lordships, and that it would not be expected that after
passing Bills, and carrying them to the House of Lords, they
might not reasonably feel disappointment at hearing no more
of them.—( Hear, hear.) A very important Bill, as the
House was aware, a Bill for the abolishment of imprisonment
for debt, had passed from that House into the Lords, and as
to that Bill, he was in a condition to tell the House what had
become of it.—( Hear, hear.) He understood that that very
important Bill was not to pass their Lordships until they had
examined witnesses upon it. Probably, in accordance with
precedent, their Lordships would call to their bar all the bum-
bailiffs--(A laugh)—all the gaolers—the gentlemen who
served the useful purposes of sham bail—and all the attorneys
—(continued laughter and cheers)—and from these truth-
, sneaking and disinterested witnesses their Lordships would no
doubt hear that the law of arrest for debt was a most excellent
law, that it never was in any one instance abused, and that it
would give great dissatisfaction to the country if it were abo-
lished—( Continued laughter)—and on such evidence the Abo-
lition of Imprisonment for Debt Bill would share the fate of
other measures sent from that House to the Lords. The Bills for
the discovery of which he now moved the appointment of a
Select Committee, were tvfo measures of considerable impor-
tance. They were—the Bill regulating the law respecting the
execution of wills, and the Bill for the reform of the law re-
lating to executors and administrators. The Bill regarding
the execution of wills had long been called for by the public.
It was recommended in the Report of the Ecclesiastical
Commissioners, approved by all the ecclesiastical judges, and
approved also by every one he believed of the judges in
Woatminster-hall. The Bill respecting the law of executors
and administrators was also one much needed, ,and had the
sanction of the judges and of most legal men. They were in-
troduced early in the session, and had gone through Com-
mittees in which their provisions were most laboriously dis-
cuised, with a view to their improvement. They passed on
the 3d of June, nearly three months ago.—( Hear, hear.)
What had become of these Bills he did not know. He had
seen the Learned Masters in Chancery come to their table day
after day, announcing that the Lords had passed this Bill and
that, but upon no occasion had he heard any mention of these
lost measures. The only mode, therefore, by which they
could gratify their curiosity,upon the subject was by acceding
to the proposal he now made of appointing a Select Committee
to search the journals. Whether upon such search any trace
of the Bills would be found, or whether it would be discovered
in what manner they had been burked, he could not tell ;
but the search would at least be satisfactory. Before he sat
down he could not help adverting to one circumstance In the
business which caused him surprise. He meant the conduct of a
Learned Lord who lately filled the office of Lord Chancellor
—Lord Lyndhurst. That Noble and Learned Lord when in
office, wrote to him (the Attorney-General) communicating
his approval of the principle of the measure relating to the
execution of wills, and expressing a desire himself to intro-
duce it into the House of Lords. He (the Attorney-General)
declined the offer of the Noble and Learned Lord; being de-
sirous of introducing the measure in that House in which the
subject had originated. He thought, therefore, he had reason
to feel surprise that the Nble an d Learned Lord, with these
favourable sentiments towards the measure, had allowed it to
remain unnoticed.—( Hear, hear. )
Colonel PE RC EVAL thought the motion of the Learned
Gentleman was au uncalled-fur interference with- the other
House. He knew of no better course he could adopt under
the circumstances than to move that the House be counted.
A fter a few words carried on in a conversational tone, be-
tween Colonel Perceval,-Mr. Hawes, and others, the motion
was withdrawn.

Mr. SHELL thought the Speaker was bound by the rules
of the House to give effect to the motion. He was anxious
that such a motion should be placed upon record.
The SPEAKER explained that the motion had been with-
drawn by permission of the House. He had put the question
to that effect, and the Hon. Member for Tipperary should then
have made his objection.
Mr. HA WES made some observations upon the conduct
of the other House with respect to the Imprisonment for
Debt Bill. If that was the course they meant to pursue to
entitle themselves to the confidence and respect of the coun-
try, he wished their Lordships joy of their sagacity. The
truth was, that the Bill in question placed the property of the
peer and the peasant under the same control of creditors,
and that was the reason of their Lordships' hostility to it.—
( Dear, hear.) This was candidly stated in one of the prin-
cipal speeches against the measure. For his part be was not
disappointed, for he expected such a result. Their Lordships,
however, should know that they were much mistaken if they
thought by such proceedings to obtain the confidence of the
country. With regard to the two Bills which were the subject
of this motion, he thought that House and the public were
under great obligations to the Attorney- Genetal for the pains
he had taken in introducing and carrying those measures, and
other improvements of the law, through the House.
Mr. SCARLETT objected to the time at which this mo-
tion was brought forward. The object of it seemed to be, to
cast reflections upon the House of Lords; for, if the Hon. and
Learned Gentleman really wanted information, he could have
obtained it by inquiring of any Member of the other House.
As to the Imprisonment for Debt Bill, their Lordships had
exercised a very proper discretion. It created a complete re-
volution in the law upon a very important subject, and did not
give satisfaction to the country. A relative of his, a Member
of the other House, he knew had paid a good deal of attention
to the Bill relating to the execution of wills in the Committee.
The SPEAKER observed that the motion before the House
did not relate to the measure for the abolition of Imprisonment
for Debt, and the discussion, therefore, of that measure was
irregular. The course proposed with regard to the other Bills
was the simple and most usual course in such cases.
The question was then put, and the Committee appointed,
consisting of the following Members :—the Attorney-General,
the Solicitor-General, the Lord Advocate, and Mr. Sergeant
O'Loghlen ; Messrs. Aglionhy, Tancred, Pryme, and Bernal.

NAVAL HALF-PAY.
Sir E. CODRINGTON moved, pursuant to notice, for a
Return of all Naval Officers, of whatever rank, who had
been deprived of their half-pay without their consent, or the
investigation of a court-martial, from the year 1790 to the pre-
sent period ; with the alleged reasons for such deprivation."
The Gallant Member quoted the opinion of Lord Spencer,
that pensions granted by the .Crown were for life, and that it
would be dishonourable to deprive persons of them without
sufficient grounds. Some individuals whose petitions he had
that day presented had been deprived of their half-pay in the
most arbitrary manner, and without being heard in their de-
fence. This was a Star Chamber mode of proceeding which
it behoved that House to inquire into.
Mr. C. WOOD had no objection to enter into the discus-
sion of any particular case; but he thought the motion far too
comprehensive. He thought it also unjust to those individuals
who did not seek inquiry into their cases, and who perhaps
might not thank an indiscreet friend for bringing on an inquiry
which would only bring public disgrace upon themselves. He
maintained that the Crown had the power of removing from
the naval and military service any individual whose conduct
was unbecoming the ,character of an officer and a gentleman ;
and in such cases only had the prerogative been exercised.
On the motion of, an Horr. MEMBER the House was counted,
and there not being forty Members present, it was adjourned
at a quarter past eleven o'clock.

LIST OF THE MINORITY
Against the Third Reading of the Municipal Corporation Bill.
Earl of Falmouth I Lord Boston I Lord Roden
Earl of Winehilsea f Lord- Kenyon

The Duke of Cumberland, Lord Fainhani, the Bishop of
Oxford, and several other Peers, went behind the woolsack to
avoid dividing.

LIVERPOOL COTTON MARXIST, AUGUST
The appearance of the market to-day is, as it has been all the
week, as dull as possible. In middling sorts of American
there is a decline in price, which is likely to continue. The
sales are about 700 bags, most American.

FROM LAST NIGHT'S GAZETTE.

WAR-OFFICE, Acre. 28.
15th Regiment of Light Dragoons—Lieut. M. W. Smith, from
tie 82d Regiment of le oot, to be Lieutenant, -vice Duckett, who
exchanges, Aug. 29.
3d Regiment of Foot—Captain G. I. Austin, from the 95th
Regiment of Foot, to be Captain, vice Everard, who exchanges,
Aug: 28.

Foot—Captain A. Bourke, from the 2d West India Regiment,
to be Captain, without purchase, vice Fitz Gerald, deceased ; En-
sign F. S. Holmes to be. Lieutenant, without purchase, vice Calder,
promoted in the 2d West India Regiment; Gentleman Cadet H.
W. Gordon, from the Royal Military College, to be Ensign, vice
Holmes, Aug.
10th Foot.—Major J. W. S. Waller, from the half-pay Unat-
tached, to be Major, vice Edward Allen, who exchanges, dated
Aug. 28. _ .

12th Foot.—Major J. Jones to be Lieutenant-Colonel, by pur-
chase, vice Tubervill, who retires ; Captain H. A. O'Neill to be
Major, by purchase, vice Jones ; Lieut. E. Senior to be Captain,
by purchase, vice O'Neill; Ensign A. Dent to be Lieutenant, by
purchase, vice Senior ; J. Boyd, Gent. to be Ensign, by purchase,
vice Dent; Assistant-Staff-Surgeon J. Booth to be Assistant-Sur-
geon, vice Dick, placed upon half-pay, Aug. 28.
22d Foot—Gentleman Cadet D. D. Bogle, from the Royal All-
litary College, to be Ensign, without purchase, vice Browne, de-
ceased, Aug. 28.
25th Foot—Gentleman Cadet W. C. E. Napier, from the Royal
Military College, to be Ensign, without purchase, vice Stuart,
deceased; Assistant Staff-Surgeon A. Sinclair, M.D., to be Sur-
geon, vice E. Tedlie, M.D., who retires upon half-pay, Aug. 28.
39th Foot—C. C. Deacon, Gent., to be Ensign, by purchase,
vice Ord, who retires, Aug. 28.
45th Foot—Captain J. Landon, from the half-pay of the Bth Re-
giment of Foot, to be Captain, vice H. Forbes, who exchanges, re-
ceiving the difference, Aug. 28.
54th Foot—Assistant-Staff-Surgeon R. H. Everard, M.D., to
be Assistant-Surgeon, vice F. Moran, M.D., placed upon half-
pay, Aug. 28.
68th Foot—Sergeant-Major J. Baxter to be Quartermaster, vice
Macbeath, deceased, July 15.
76th Foot--Ensign J. B. Flanagan to be Lieutenant, without
purchase, vice Trench ; Ensign W. Renninck, from the late 9th
Royal Veteran Battalion, to be Ensign, vice Flanagan ; Ensign G.
G. Warden, to be Ensign, vice Grant, appointed Quartermaster of
the 82d Regiment of Foot, Aug. 28.
78th Foot—Ensign S. M. Burrowes, from the half-pay of the
sth Garrison Battalion, to be Ensign, vice Cruikshank, August 28.
81st Foot—Captain J. Boyd, from the half-pay of the 82d
Regiment of Foot, to be Captain, vice Thompson, whose appoint-
ment has not taken place, August 28.
82d Foot—Lieut. M. O'Toole to be Captain, by purchase, vice
Davies, who retires ; Ensign W. J. Whittuck to be Lieutenant,
by purchase, vice O'Toole ; Lieut. G. F. Duckett, from the 15th
Light Drageons, to be Lieutenant, vice Smith, who exchanges ;
T. L. Stewart, Gent., to be Ensign, by purchase, vice Whittuck ;
Ensign B. Grant, from the 76th Regiment of Foot, to be Quarter-
master, vice Archibald Kyle, whe retires upon half-pay, Aug. 28.
95th; Foot—Captain R. N. Everard, from the 3d Regiment of
Foot, to be Captain, vice Austin, who exchanges, August 28.
2d West India Regiment—Lieut. W. Calder, from the Bth Re-
giment of Foot, to be Captain, without purchase, vice Bourke, ap-
pointed to the Bth Regiment of Foot, August 28.