The Sun.
London, England, 1828-05-16 00:00:00

SCOTCH GAOLS BILL.

Mr. K. DOUGLAS presented a petition from the Royal
Borgie of Annen, relative to the maintenance of prisoners
in the Cielols of Scotland.
Mr. H. DRUMMOND wished to know whether it was
the intention of the Noble and Learned Lord to proceed
with the Bill this Session. It involved a question of taxa-
tion, and without entering into the details, he thought it
would be better to let the Bill go down to Scotland, and
• be considered before it pasted.
The LORD ADVOCATE was perfectly willing to be
guided by the feelings of the Members for Scotland. If
they wished it to lie over lie would submit, or he was
willing to refer the Bill to a Select Committee if that was
considered better.
Mr. KENNEDY thought the Noble and Learned Lord
had done his duty in introducing this Bill, for that it was
,calculated to cure a great and growing evil. Whether its
Provisions were the heat which could be introduced lie
',lid not take upon himself to say, but his own wish
was for a Committee up stair e. The petition was ordered
go lie on the table.
Mr. WODEHOUSE gave notice that then the House
went into a Committee on the Corn Bill he should move
" to add to the list of places already enumerated in the Bill
as those from whencee returns of the prices of Corn and
Grain should be taken, the cities of Edinburgh, Glasgow,
Aberdeen, Haddington, Dumfries, and Dundee, in Scotland,
and Dublin, Cork, Waterford, Limerick, Belfast, Sligo,
and Galway," in order that in future returns might be made
from thence in like manner, as are now made through
England and Wales, respecting the prices of all British Corn
and Grain except Wheat.
Mr. RICE presented a petition from the Chamber of
Comraere.e of the city of Limerick, against the importa-
tion of Foreign Flour.
MR, SERGEANT ROUGH'S CASE.
Sir JAMES MACKINTOSH' presented a petition from
Mr. sergeant Rough, late President of the Supreme Court
of Justice of the Colony of Demerara, who was sus-
pended front his office by the Lient.-Governor of the
colony. For integrity and honour and judicial capability
few men could surpass Mr. Sergeant Rough. Although,
when his case came before the Privy Council they declared
his suspension illegal, yet three years had elapsed, anal un-
less something was now done for the petitioner he and his
family would be reduced to the brink of ruin. He did not
mean to complain of any Member of his Majesty's• Gover-
nment, fir the petitioner's sole hopes now relied upon their
consideration and that of the Haute. He would not at-
tempt to criminate the Governor, for be considered it was
unnecessary to the attainment of his present object. He would
noteven name him, far be (Sir J. Mackintosh) was a suitor,
and not an accuser. Mr. Sergeant Rough was appointed
to this difficult office in le n; ; , difficult he called it,
herons,- Holland ,and its COlonies allowed a greater
tatitude to the Roman law than was permitted in
most other countries. But this very circumstance
Tendered Mr. Sergeant Rough peculiarly fitted for theeny,
*talent, for few English lawyers were so well qualified
for it by reason of his enlarged mind and general acquire-
ments. Between 1819 anal 1821 differences arose be-
tween the President and the Governor, whirls differ-
ences the Pt;iwy Council attributed 'to the ill-defined
authority of eider, As the Privy Council had • thus
given an atteriesty to both parties with respect to those
differences, he would also pass over them in silence and
come to the fact at once, that io /821 the Governor sus•
pended the President, Then arose A state of things
entirely stew; it' the euepension were justifiable, or
even excusable, then the character of the President must
stiffer irreparable degradation. He must be presumed to
be not only incapable of public trust, but of individual
confidence; even his ,bonour was called into question
by such a proceeding. Coder these circumstances lie
returned to England, to vindicate his character. He might
observe, that in this case there Was one additional circume
stance of aggravation. He had been cut a from all his
professional connexions', which, of course, had gm* into
other channels, from which they could not bat recovered,
awl hie services, though conspensaiod, and he admitted
liberally so for the time, were not stainiently so to be
considered as an equivalent for that loss. For consider-
eble time after Isis return he was occupied in endetenaoring
to secure his honour which bad thus been assailed.--e
He applied to two private friends, who held him in high
estimation—the prurient Lord Chancellor and Mr. Den-
man : he also applied to the Colonial Office, soil the re-
enit was, that it was deemed advieeble not to bring actions
against the Governor of the Colony, which would render
the matter too puldic, when he might attain his object by
a hearing before his Majesty in Council. Tide wasthougha
the roost advisable course, and the conclusive judgme, nt of
the Privy Counsel was, that his suspension was not irnee.
"-rifled.. Thus was Mr. Rough's character perfectly re-esta-
Mished, and thus was he held out as the victim of the
wanton, inexcusable, and unjust exercise of authority:—
His mind - and time bad been much employed in the
vindication of his character, anti had not been directed
towards the recovery of his practice. He had been also ,
obliged to invade the provision made for his children in
the defence of that which should be as dear to them us to
non—their father's good name. He had hopes that, from
the capability he had shown in !lot office from which he
had been suspended, the Crown Patrouege would have re-
onapensed him by giving him an employment enoivalent to
that which he had lost. He did not mean to-blomat any
,one whatsover, but those hopes Ited at length failed hien;
(Sir J. Mackintosh) tad still hopes,
but he that Ministers
miniee h M
This ajesty yet to do an act, which would be
would.
puldic, and liberal and equitable to t,45
wasted his eieuf, ax.
safor to the
after having
If the joetitioner .were,
Pule& leis private far oe, and lost the advantages of leia
heft wiehont priovi.silon or redress, whet a
proOtssion, tel ha
lesson would he read to the onte
oJodgee, ume whom
learning, ability, And indep.entle7aiLp.rboastpesruity4 of the
colonists mainly depoOded, be an ex-
leecrni and
ample would deter profeasio.na
gentlemen
for Colonial officeng
ability from becoming catulneee' r a last it
v, end
he should deeply lament that our eyetet
iiOt.houtra avin'.
tutions should be justly open Pe the TePriselt of a g
te e.
provided any remedy for so gross and Vag.llnt g
e--(Hear, bear.)
Ihe petition having ...en brought up and tlieqtei.4l7
;hat it be now read having ixen put,
tiowroN said, as ii;.e night Hon. Friend the
Secretary of State for the Colonies was absent through
indisposition, and 'as hie Noble Friead the r'der Secre-
tary for the Colonies wag riot in office when thie ireetter
was suiemitted to the considerat,iork of the Privy Counati,
he (Mr. W. although not in office at the time
when those iliiauseions in the Colony hrigineted, was
still anxious to put the lament in possession of vita fects
within his knowledge. He admitted that the Right
Hon. Gentleman opposite had adopted Ow most camellia- •
in presenting the petition,
tory tone steel he dirk not make
any complaint of the manner'n which that statement La
heee made ; but as the Right Horn. Gent. hail alluded to
note advice received by Sergeant Rough from else Colo-
nial Deenortment--in tact alleged to have been received •
from hint (tZt-e- w. Ii• ), and as there was inaccuracy
in the statement, he should shortly state the whale
case. The Privy' Coeincil did net in fact decide that 03e
"nee merely decided that the Leon
Governor was not justified by e
suspension was ill gal, necessity in suspending Arty
that the transac-
tions Sergeant Rough—and retnarlet:-d,
ccom;panied by
which preceded the sue pension ever; ;
irritation between the parties, and that rite's ~,35.1
°arisen
from the indefinite nature ofthe powers of both ?OK en
from
Council added, there was cause to regret the India.
creet conduct pursued by Mr. Serjeant Rough oyou some
occasions ; he stated this as the opinion of the Privy CDlin-
cil, and not from any wisti to re/het upon, or eet dOtrzteit
'rem, the reputation which that Learned Gentleman had
the good fortune to acquire. (Hear, bear. Ae tke

House would see that the object of the petitioner was. to
obtain some Judicial appointment from the Secretary
of State, he (Mr. Wilmot Horton) could not forbear
mentioning that Lord Bathurst had in fact offered
to Sergeant Rough the appointment of Chief Justice of
Dominica, and that Sergeant Rough declined the appoint-
ment on the ground of his family's ill health. The Right
Hon. Gent. had said that Sergt. Rough Was induced to appeal
to the Privy Council, in consequence of advice to that ef-
fect having been given by him (Mr. W. H.). He begged
to state that he had never given such advice. What be
told Sergeant Rough was, that he could not 'proceed by
action against the Governor, and also appeal to the Privy
Council, and that be must therefore make his election
between the two modes of proceeding. The Learned
Gentleman did appeal to the Privy Council, and every
assistance was afforded him by the Colonial Depart-
ment to bring his case before the Privy Council. The
Right Hon. Gentleman had made a conciliatory and tem-
perate appeal to the House ; and although this was a case
in which, as it appeared to hint (Mr. W. H.), that House
could net interfere, he had no doubt that the appeal would
not be made in vain to the Executive Government.
Mr. SYKES having borne testimony to the petitioner's
high honour, integrity, learning, and delicacy of feeling,
observed, that the decision of the Privy Council appeared
to him to establish that the suspension was illegal. In ad-
dition to the other sufferings produced by this suspension,
the death of the petitioner's wife, produced by anxiety of
mind, must not be omitted. _

After a few observations by Mr. Sergeant ONSLOW and
Lord F. L. GOWFR, the petition was ordered to be printed.
Mr. PAULETT THOMPSON present:•d a petition
from 100 of the most opulent of the Merchants, Bankers,
and Traders of London, praying for a repeal of the Usury
Laws.

Mr. DAVENPORT and Mr. CALCRAFT opposed, and Nlr.
111111 E and Mr. MABERLY supported, the prayer of the
petition.
Mr. Secretary PEEL said, that he could not conciliate
the support of the Hon. Member for Wareham (Mr.
Calcraft) to the first reading of the Bill, by holding out
any expectation to the Honourable Member that Govern-
ment would take the measure into their own hands.
There were at present so many subjects of the most pres-
sing description under the consideration of Government,
that it was impossible for them to give proper attention
to many others, which were, perhaps, abstractedly
right. (Hear, hear.) He suggested that the Honourable
Member for Dover should postpone the discussion, in order
that sufficient notice might be given to such Members us
were anxious to oppose the Bill. For his own part he was
not prepared to assent, under existing circumstances, to
any Bill for the repeal of the Usury Laws.
Sir GEORGE PHILIPS was glad that this question
was taken up by his Hon. Friend, and recommended to
such Hon. Members as had not made up their minds upon
the subject to read the admirable treatise of Mr. Bentham.
Mr. Secretary PEEL understood that the Hon. Mem-
ber for Dove; intended to oppose the total repeal of the
Usury Laws, but if the measure merely contemplated the
modification of those laws, he (Mr. Secretary Peel)
would not at present pledge himself as to what course he
should pursue, until made fully aware of the precise nature
of those modifications.

Mr. BRIGHT was decidedly opposed to the repeal of the
limitations of interest on the loan of money. He would,
however, have no objection that the Honourable Mem-
ber should -repeal some of the penalties, provided he did
not touch the rates of interest.

Sir J. WROTTESLEY declared himself unwilling to
adopt any theoretical opinions on that subject, unless they
were in some degree reconcilable with experience, which
was, after all, the best guide that legislators or other prac-
tical men could adopt.
Mr. HEATIICOTE deprecated any further discussion at
a time when there was really no question before the House.

Mr. P. THOMSON said it was his intention to intro-
duce the Bill on Tuesday next, and expressed his surprise
tbat Hon. Gentlemen should pledge themselves to oppose
the Bill before they knew what it was.

Mr. Sergeant ON SLOW supported the prayer of the pe-
tition, and observed that the existing laws operated heavily
on the lower and middling ranks, who could not give ade-
quate security for the sums which their necessities required.
Ths petition was then brought up, and ordered to lie on
the table.