The Sun.
London, England, 1821-05-29 00:00:00

THE IRISH INLAND NAVIGATION BILL

This Bill was read a.second time and committed.. •
The Irish Election Expence Bill was read a third-time and
passed.

Mr. WROTTESLEY obtained leave to bring in' a Bill to
transfer the Surrender of Bankrupts from QuiMilan to the New
Bankruptcy Court.

NEWFOUNDLAND.

Sir J. MACKINTOSH presented a Petition from certain
of the InhabitantS of St, John's, in the Island of Newfound-
land, complaining of many abuses in the Civil Government and
Judicial Administration of that Colony. He stated, that the
petition breathed the wannest attachment to the mother coun-
try.; that this was by no means an unimportant colOny; as it
contained at present a population of 100,000 souls,
.10,00 of
which inhabited the capital. The chief complaint was, that
.the Surrogate Court of that island was in thehabit-of punish-
ing contempts of their jurisdiction by applying lashes-Jo the
back of the offender. The Petition stated a recent in-
stance where this punishment was inflicted with aggravated
severity on a person of the name of Lenigan ; who, aftet re-
ceiving fourteen lashes, fainted under the pahr he experienced.
The case was brought before the Supreme Civil Court of the
Island ; a difference of opinion took "place; the punishment was
held to be justifiable by a sentence of Blackstone, who said that
Courts might visit contempts with corporeal punishments. The
Supreme Court, however, said also that, in this instance, the
punishment was unmerited in its extent and severe beyond-the
necessity of the case. The Hon. and Learned Gentleman said,
that thcce Surrogate Courts were held on board his-Majesty's
sloops, and that naval officers were the judges of them—,men to-
whom he felt the highest gratitude, hot whom he deemed mos
unfit to exercise judicial functions. The Petition prayed that
to remedy the abuses of the Civil Government, they mighthe
authorized to establish a provincial Legislature similar to the in-
stitutions that existed in other colonies. .The Honourable and
Learned Gentleman here went into the history. 6f the: island,
and suggested that two Judges might be comniiisioned,_ one Or
the southern, die other for the northern division of the island in
compliance with the wishes of the Petitioners. The establish-
ment of such an arrangement would supersede .the• Surrogate-
Court, and, without being very expensiCe, would bp highly be-
neficial to the colony.. Should his Majesty's:Ministers take no
steps upon this Petition, he would seize another opportunity of .
bringing the subject before the House. • ;
Sir J. NEWPORT said a few words in support of the Peti-
tion, and that there were many persons in that island who were
fully competent to legislative functions.
Sir I. COFFIN confirmed the statement of the Hon; and
Learned Gentleman as to the prevalence of the lashingiystem.
When he was in that island he regularly took' the boatswain
with him, and when an offender was brought before him, he, as
a matter of course, ordered him a dozen- lashes.—(A laugh.)
A MEdißEtt, whose name we could. r ct '.r.iarn, made a few ob=
servations, palliating the system that
.prevailed in Newfound-
land, by referring to its local peculiaritas.
Mr. GOILL,BURN said, with respect.to thedamand of a Le-
gislature, the experience which he had of similar institutions in
other colonies furnished argument both ways; and lie wished
the House would come to no rash. decision. upon:that part of the
Petition. if in sonic colonies • they were occasionally produc-
tive of advantage, they were, on the other_ band, productive
in other colonies of disquietude and inconvenience. With re-
spect to the administration of justice, he argued•'that if' the
system upon inquiry should be found as it had • been zepre-
sented by the Honourable and Learned- Gentleman, it ought
no longer to exist.—(Hear, 'hear!)-L-He admitted that the po-
pulation, though not, perhaps, so large as the Honourable and
Learned Gentleman stated, yet was not inconsiderable. It
was divided into two small insulated societies, the classes.
of which were in the relation of master • to man.; • und-had,
consequently, interests- that were constantly. clashing. - The
Government, accordingly, found it necessary. to send out
Justices of the Peace who would decide impartially; and the
commissions.were necessarily given to Naval Officers .of high
character. If the punishment alluded to was to be palliated
at all, it must be only by referring to the peculiar state of so-
ciety there. He -regretted that the subject of the 'recent trial
was brought at this time under the notice of the house, as' the
parties were now in this country prosecnting the appeall before
the Privy Council. . • •
Dr. LUSHINGTON argued upon the injustice of Leni-
can's case. He had been summoned to the Surrogate's Court;
he did not obey it ; the Court might have ordered him into
custody ; but, instead of that, he was sent before the Cortnnan,
der of one of his Majesty's ships of war, -and sentenced Acrsix=
and-thirty lashes, but &tilted before the half of.tham. were. in-
flicted.—(Hear, hear I)—Even if the punishment was in itself
justifiable, here was an excessive degree of it, which called -for
the interposition of the humanity of the House. The Supreme
Court of the Colony, though it sanctioned the punishment, yet
said that in this instance it was Unnecessarily 'aggravated. This
seemed also to be the opinion of the inhabitants of the'iddrid:
Mr. GOV LEU RN and Dr. Lir,sitpi-wro:kr explained, • .1-,
Mr. W. SMITH impressed • on, the .House the necessity of
attending to this Petition. He contended that the-mode of
punishment complained of was one by which no freeman ought
to suffer.--.(Hear'!)
Mr. MARRYAT called the attention of the House to severe
and unjust modeS of punishment, .which were now- established
in'sbveral of the Colonies where the Spanish law prevailed. He
hoped the Honourable and Learned Gentleman would not eon-
fine himself to Newfoundland alone, but would , use listen-
deavours to remove the anomalies which existed in other
islands:—glear
_ _

Mr. WILBEit FORCE protested against miy- sweeping al-
teration of the kind _suggested by the Honourable Member
who spoke last. There were some parts of the Spanish
law which were more favourable to the Slaves than the Eng-
lish system. , ,
The Petition was'read, and ordered to be printed.
Sir JAMES MACKINTOSH presented a similar Petition
from the Inhabitants of the district of St. Maryland, in the same

Sir 11.. WILSON took this opportunity of asking whether,
it those-English Colonies where the Dutch law prevailed, the
infliction of torture was considered a criminal offence ? •
Mr. G ULB URN said, that general instructions had been
sent out to all the new Colonies, iirohihiting. the infliction'
of any punishment which was not compatible with the laws of
England.
Su. R. WILSON asked wheilier torture was allowed
,in
those Colonies. as a wails o,..estracting- Confessions fmm
criminals.

Mr. GOULBURN said, ,he supposed the instructions went
to the extent of prohihiting torture altogether, thou ;h he would
not give a decided opinion upon that point. • -
The Petition was ordered to be printed.. •
A Message from. the Lords informed the House that their
Lordships h,ar agreal to several Private Bilts.