The Sun.
London, England, 1826-12-08 00:00:00

more or less for five or six years. In justice to the colony at the
Cape of Good Hope, and to individual', something ought to be
done. Many might not be aware that so early as 18224 in con.
sequence of various reports, an Address had been moved for the
appointment of a Committee of Inquiry. Commissioners, in
consequence, were sent out, to inquire into various circumstances,
such as the state of the revenue, the institutions of the place, and
the complaints against the Governor. The Cotumiseiou de-
parted in June, 1829, so that three years and a half had elapsed,
and there was no result, no information as to the progress which
the Commissioners had made, excepting what related to one indi-
vidual. To that, however, he would not allude at present ; but,
as an 'opportunity would soon be affiwded to go into the whole
affair, he was anxious that the Right Hon. Gentleman now
should state what progress bad been made in the inquiry into the
conduct of a Noble Lord. Owing to various circumstances an
inquiry into the- state of a distant colony was extremely difficult.
A long time must elapse before the evidence arrives; and, when
it-does arrive, Government keep it for some time in their posses,-
%ion, before they lay it before the House. The. House, therefore,
was in a state of comparative ignorance respecting the state of
that. colony. As for the Noble Lord, whose conduct was ar-
raigned, he (Mr. Hume) held it to be inipossilile for that Noble
Lord to return to the colony, or to retrieve his character, unless
a full inquiry took place. He would now ask Ministers, whose
peculiar duty it was to watch over the interests of the colonies,
what it was their intention to•do respecting this affitir. • He had
heard that Colonel Bird, instead of being kept here to give evi-
dence against the Chief Governor, was sent back to the Cape of
Good Hope, with a pension not only to himself; but to some of
his friends, why or wherefore nobody could tell.
Mr. W. HO ItTON said that the course taken by
the Honourable Member was so extraordinary, as to place him in
a very embarrassing situation. When the Honourable Gentleman
had said that the Commirsioners had done nothing, did he recol-
lect that there was already a report from them, of the length of
280 closely-printed folio pages—that a discussion took place on
that report—that the Honourable Gentleman hiMself considered
tin' report of so much importance, as to declarebis opinion that
they furnished matter sufficient to decide the judgment of any per-
son, as to a case which had been brought before the House--he
meant the case of Mr. Bishop Burnett. Let the House recollect,
that this ease already had cost the nation many thousand pounds,
and made it necessary for the Commissioners to be detained at the
Cape of Good Hope six months longer than they 'otherwise would
have remained. Was it meant, that after so much expense and
trouble bad been incurred, this report was to go for nothing, and
the House was to be asked to plunge itself' indefinitely into an
inquiry, without grounds or object. He would boldly challenge
the Honourable Member himself, and ask hint if he was now
prepared to come to a vote on the specific subject of tide report.
Why not dispose of this case first of all? If it terminated in
the acquittal of the Noble Lord, against whom charges
were so lavishly poured out, yet that would not hinder
other cases from being brought for Ward. But surely it was con-
trary to all justice to arrest an inquiry in whit4l great progress has
been made to proceed upon sonic other. It would be flagrant in-
justice to any man, and the Hon. Gentlemau was in a situation to
feel the truth of the observation better than must others, to compel
him at once to enter into his defence against the 'numberless ca-
lumnies that may he poured out against him, front whatever quar
ter. If such a principle were once admitted in practice, there was
no mau living but must sink under the injustice of it. Here, then
wits a case upon which the amplest information was afforded.
And as a proof of the abundance of information which teemed .on
this subject, he In-hi in his hand a copy of a defence read by Mr.
Bishop Burnett, and if the libellous parts were removed from that
book, and the information it contained transferred to a memorial
to that Ilouse, then he believed they would be in possession of all
the information which it was possible to have on this particular
suhject. He hoped the lion. Golds-man did not approve of the
spirit and style in which this publication was got up. The lan-
guage was often so utterly grotesque, that it was quite needless
to
attempt any defence against the attacks which the book contained.
If the Hon. Gentlenian chose to adhere to his original motion, he
(Mr. W. H.) would state the grounds on which he would op-
pose him.
Mr. HUME expressed his astonishment at , the
strange conduct of the Honourable Gentleman. With respect to
the case of Bishop Burnett, he supposed that, from the Honoura-
ble Gentleman's observations the House would infer that he (Mr.
Hume) had brought that forward. But that was not the fact,
the petition of Mr. Burnett was presented by an Honourable and
Learned Gentleman, and when he (Mr. Homo called for inquiry
into the conduct of the Governor of the Cape of Good Hope, he
wits asked to keep the case of Mr. Burnett, and to father the pe-
tition of that Gentleman. It was not with respect to Mr. Burnett
that the case pressed heavily against the-Governor. It was in a
series of cases of tyrannical and capricious banishment. that he
Meant to arraign the conduct of the Governor of the Cape of
Good Hope ; lie meant to charge him in the case of Captain Turn-
lan and Mr. Edwards, and several others. If Mr.. Burnett, under
the lash of oppression, had, iu the irritated state of his mind, put
forward statements which he was not afterwards able to sub-
stantiate, lie had done no more than most men would have
done under the same circumstances. Now he would ask
where was the injustice, when Mr. Bishop Burnett asked to
go bark to the Cape of Good Hope, to present himself face
to face to the Commissioners—where was the justice of re-
fusing him that liberty? He did not, however, think this indi-
vidual case of so much importance as he did the great body of
cases, which involved the most serious accusations against the Go-
vernor of the Cape. Ile should call for inquiry into the cause of
Mr. Kerr and Mr. Gregg, about whom no information was bee
fore the House—of Mr. Fears--of Mr. Francis—of a lady now
here—soul particularly of Lieut. Wright and Lieut. Cork, of Dr.
Bailey, the Rev. Mr. Geary, and a number of other individuals,
who had been capriciously, and without just cause, banished front
the Cape. He would also feel it his duty to institute a strict in-
quiry into the pecuniary transactions of the Colonial Government,
in which he believed it would appear that a great cleat of abuse ex-
isted; and he would in a still stronger manner insist on the ne-
cessity of having present in England, Col. Bird, Mr. d'l.;:equery,
tee. He understood that two of the Commissioners had left the
Cape in September last, leaving the third behind to despatch the
remaining business. Ile owned his hopes of advantage from their
lahours were not sanguine: indeed it was not reasonable to expect
that they could be very callable of furthering the ends of justice,
when their powers were so limited. He would only a.ead one
paragraph of the instructions given to those Gentlemen from the.
Colonial Department, signed by Lord Bathurst :
" With respect to the complaint* which individuals may have
to make against any of the established authorities, you are to
understand that you are not to enter into the examination of them,
unless you receive specific instructions to do so from this De-
partment." -
Such was the spirit of the instructions with which the Commie-
timers went out to make inquiries into a system under which in-
dividuals suffered with the utmost severity. The Hon. Gentle-
man then stated that he would move for the following papers
A copy of Colonel Bird's Exembuttion, with the Correspond-
ence between him and time Commissioners.
Copies of Correspondence between the Commissioners and :the
Colonial Peperitnent, respecting Specific Cases.
Copies of the Reports of Commissioners on all Specific Cases
inquired into.
Copies of Proceedings of the Governor with respect to hull-
Waal* engaged in the Press.
Copy of the appointment of the Commissioners, With an Ae..
—.-.
Omit of the Monies paid to them.
The reason why belted called for the last paper was, that he
found the last item to be 18,000/, paid to the Commissioners, and
he was anxious that the country should know the whole amount
of the expenditure which grew out of the present mode of govern-
ing the Colonies. -
The first motion was then read from the Chair.
Mr. 9RD could not sit silent and hear the Gentlemen
who composed the Commission to the Cape of Good Hope aspersed,
without coming forward to raise his feeble voice in their vindica-
tion. Connected as he (Mr. 0.) was, by the ties of relationship,
to one of the Commissioners (Mr. Bigg,) any thing that would
fall front him must naturally •be liable to the imputation of par
tiality. But he would, nevertheless, take the liberty of assuring
the House that Mr. Bigg was as incapable as the Hon. Member
himself of acting upon any unworthy motive—(Hear.)—lf there
was any delay to he complained of in the printing of the Report
in the prevent inatance, he could account for it to time satisfaction
of the now, for he happened to know that Mr. Bigg had en-
countered a very dangerous accident, which confined binto his
bed, and subsequently to his crutches.
Gen. G ROSVE NOR said that if the Hon. Mem-
ber
for Aberdeen did not present the petition, lie gave his support
to pt ht language somewhat more animated than was warrantable.
Ile thought that with respect to this petition, or rather this
Bishopßishopßurnett's History of his own time—(A laugh)—be could
only sY+.sY+.it Wait proper that it should be dispurA of first, and that
there m a
P iniormation to enable the Houle to form
judgTeot upon
Mr. W. HORTON would declare to the
that lee was ready to
produce all the papers that ought to be pro-
duced. But it was hot wise to load the table with papers that
were not necessary, and which would only produce confusion.-s--
The Hon. Member said diet this commission was appointed to
iniptirs open the Government of -Lord Charles Somerset. That

:owe,

was not the case the commission was appointed to inquire into
the state of the colony. There were many anomalies in this,
which had been so long a Dutch colony, and which had been go-
verned under Dutch law. lie should remark that there was an
attempt to connect Lord Charles Somerset with all the anomalies
and imperfections in the Dutch law. This was most unjust to-
wards Lord Charles. As to the case of Colonel Bird, the Hon.
Gentleman was not correctly informed if he supposed that Colonel
Bird bad any connection with the Government after his return.
Colonel Bird was not detained in this country : he was a private
individual here. In the case of Mr. Bishop Burnett, which had been
already discussed four or five times in that House, the most con-
elusive evidence was already laid on the table. He maintained
that this case was not thrown aside, and that case was an admis-
sion that there was nothirig to bring in support of the charges.—
If the Hon. Gentlemen, or any other Member, would look into
these cases, and then say he would bring forward any charges, he
would readily grant all the papers that would be necessary in that
case.---(Hear, hear.)
After a few words. (unman Hon. Member, whose name was
not heard, the motion,. as to the examination of Colonel Bird, was
negatived without a division.
On the next part of , the motion, which was for copies of all
instructions to the Commissioners, contained in the correspon-
dence between them and the Colonial Department, on special
eases, touching LOrd Charles Somerset's Government,
Mr. HUME asked for these Papers, that they
might be before the House, that Hon. Members would be pre-
pared to understand the case when the charges were brought on.
The House was entitled to all the cares that came before the
Commissioners.
Mr. Secretary PEEL, observing on the unreason-
ableness of calling for these papers, said, here the Hon. Gentle-
man receives a complaint from a party that injustice was done hint
by the Commissioners, in nut receiving his evidence. Let the
Hon. Gentleman produce the case, and then the House could see
what the case was. But, to call for the production of all these
papers, without any charge, would be absurd. - Nor did he see
what information the I lon. Gentleman or the House could get_ by
the production of these papers of Colonel Bird, containing a
'flowery description of a river in the south of Africa—(a
and a small poem ending with an indecent couplet.—(A laugh.)
Mr. HIJIIIE theu withdrew his motion.
ARIGNA MINING COMPANY.
Mr. RICHARD MARTIN had some right, in
behalf of his lion. Friend (Mr. Brogden), to complain of the
course adopted by the House on Tuesday night. Out of thou-
sands of Shareholder! in this Arigna Company, only four could
be found capable 'of accusing his Hon. Friend. It was fit that
the names of these few should be known, because such knowledge
would go far to strengthen or weaken the charges, He begged
to move that the names attached to the petitions of the share •
holders of the Arigna Mining Company, presented to the House
on the bth of December be printed.
After a few words from allember whose name we did not hear,
Mr. C. WYNN felt an objection to the motion On
the grounds of the expellee of printing. Besides the expence, all
these petitions and papers presented to that House, would in each
Session amount to the enormous size of the Statutes at Large,....-
(A laugh. )—lf the charge was false, those who made it would be
disgraced. He hoped the Hon. Gentleman would withdraw the
motion.
Mr. Alderman WAITHMAN said, that the ad-
vice of the Right lion. Gentleman was very good to the mover,
but such and so strange a proposition ought not to be got 61 of in
that manner. if lie had laboured all his life to any effect, it was
to tanks-himself acquainted with the Constitution of the country,
and particularly with the constitution of Parliament ; and never
iu his life did he know of such an attempt as this on the liberty of
the subject. In 169. t, when a flagrant corruption was offered to
that House, a pamphlet was circulated in the lobby of the House,
and an invitation was given to bring forward charges against the
guilty, and the disclosure of all those corruptions arose front the
refusal of a paltry eum of 101. for billeting soldiers at Royston.—
This was the case which afterwards led to the expulsion of Sir
John Trevor from that House.—(The Hon. MeMber then pro-
ceeded to read the history of that transaction.)--4n that ease the
House, so far front throwing any obstructions in the way of in-
quiry, invited the parties to it ; and that transaction, trifling as it
was, led, step by step, to the expulsion of several ;timbers from'
the House. Another instance to which he would call attention,'
as showing the same disposition in the House, was that which
took place in MO.
lYtir. WYNN rose -to order and reminded the lion.
Alderman that the question before the House was, whether or
not the names to this petition should be printed—(Hear), and
not whether the enquiry was -to be obstructed or not ; for upon
that question the HMISe had already pronounced a decided opin-
ion by appointing a Committee.—(Hear).
Mr. Alderman WAITHMAN submitted that
there was nothing irregular in the course of observation which
he had been pursuing. Ile repeated, that this motion could have
no other object than to hold up the petitioners to ridicule. The
Hon. Member for Galway had asserted that these names were not
respectable, and in order to expose them ho would have them
published. Rut even admitting that they were not respectable,
which he (Mr. W.) by no means admitted, of what importance
was that if the truth of their allegations was unimpeacbed ? Every
MAN however poor or obscure, had a right to petition this
House for a redress of his grievances. This doctrine
was so laid down and recognised before the Revolution,
and for obstructing this right, Justices Withers and
Jeffreys were expelled the House. It was further con-
firmed by the Bill of Rights. In 1680 it was resolved, " that
it is, and ever bath been, the right of the subject to petition the
King to call Parliament together, or for the retirees of grievances ;
and that any infringement of such right of petition was a gross
breach of duty, and a violation of the rights of the subject."
And for these offences the two Judges whom he had named were
expelled the House. With respect to the imputations cast upon
these petitioners, if their moral character was at all a necessary
component part of their right to petition, perhaps he (Mr. W.)
could defend them. At present tie should confine himself to Mr.
Clark, of whom it was said that he was constantly running about
and busying himself unnecessarily. But what of that? If he
did run about, so much the better. That lie had done a great
deal of good, nobody could deny. With his character the Howie
had nothing to do ; and if he had been a prisoner, under sentence
of death in Newgate, be bad as good a right as any other wan to
petition the House. But he (Mr. W.) happened to know some-
thing of Mr. Clark personally; and notwithstanding his having
boon before the public lately in a certain way, still he (Mr. W.)
should say that he was as honourable a man as any upon the Stock
Exchange. The lion. Alderman concluded by moving as an
amendment, " That it is, and ever bath been, the undoubted
right of the subject to petition for redress of grievances, and that
the, ptiblishing the names of petitioners, with a view to bring dis-
credit on such petitioners, is an obstruction of that right, inas-
much as it tends to deter the subjects front stating their grievances
to Parliament, and is in every respect a violation of the rights of
the subject.'
The SPEAKER asked who was to second the
amendment?—(We believe it was not seconded, in fact.)
Mr. MARTIN said—," Sir, I would at once with-

draw my motion, if the Hon. and Worthy Alderman who now
opposes it, had had the courtesy to read aloud all the Tonnes to
this Petition (fin I observed he'has contented himself with men-
tioning Mr. Clark alone), e all' know these walls have ear.,
and the hare notice of the names would have all the effect Whieh
I contemplate ; namely, that of letting the world see who they
are that accuse my lion. Friend, the late Chairman of Ways and
Means. The Hon. Alderman says I went to hold these parties
up to redicule—(a laugh ).---But, Sir, be it redicule or ridicule,
I disclaim such au object alt4ether. If these petitioners be really
respectable, they can stand the trial ; and therefore the Hon. and
Worthy Alderman might at once either mention their names—
(laughing)—or vouch for their, respectability, as he did for that
of Air. Clark; and this would be more in place than his two
how,' speech upon the constitutional right of the subject to peti-
tion Parlianent, which nobody impugned.—cLaughing.)—Now,
Sir, I must say, that of all the monstrous glarmg acts of injustice I
ever beard, this of printing a petition against an accused party, and
that, too, pending the investigation, is the worst. This was in
effect prejudging the case of a party, or, as Lord Coke had bor-
rowed it from the Poet—.
these
ch"arCgaesstioguligtete,toauhdaivtegreettliolborso.'u'ght
against
Mr.
BBreosigddees;l a year ago, for he was then as guilty—(if guilty at
alp-7a" now. But he bad in fact been acquitted by a compe-
tent tribunal. Upon all these grounds, Sir, I hope that jus-
tice will be done my Honourable Friend, by showing who his
accusers are ; hut if he is to be denied that, I must deliver up
and say— ,

" Let the-stricken deer go weep."
The gallery Was now ordered to he cleared for a division ; hut
as the strangers were wittlrawing,
Mr. MARTIN rose and said—" Well, Sir, I am
surprised that any man could he found to oppose this motion. As,
however, it is opposed, 1 will not divide the House.".
The original motion was then put.•
The House then went into a Committee on the St. Domingo
Postage Bill.
Mr. lILTIVIE took occasion to advert again to the