The Sun.
London, England, 1827-06-09 00:00:00

RECOVERY OF SMALL DEBTS.

Mr. Alderman THOMPSON presented a petitiou from
the Ward of Bishopsgate, against the Bill for preventing
arrests upon mesne process ; and and also a petition pray,.
ing the House to take some measure to protect the interest
of creditors. The Hon. Gentleman said, the Solicitor-.

General ought to have applied himself to diminish the costs
of small debts, for he had in his possession a bill of costs
amounting to 181., incurred in the recovery of a debt of

5/. 6s.
Mr. HUME was sorry to bear that any petitions were
presented in favour of imprisonment for small debts, as the
system was already carried to a most ruinous extent.
CAPE OF GOOD HOPE.

Mr. HUME presented a petition from an individual
named John Carter, complaining of abuses at the Cape
of Good Hope.
Mr. W. HORTON wished to caution the House against
petitions like that which had been printed. The petitioner
was convicted for aiding the escape of a felon. He applied
to the Government to rescind the sentence of transporta.
Lion which was pronounced against him, and this was re-
fused. The law might be wrong, and if so, it should he
amended; but it was impossible the House could miti-
gate every case in which individuals might think them-
selves hardly used.
Lord E. SOMERSET said the petitioner was not a per-
son of that character which should induce the House to
enter into an investigation of his petition.
Mr. HUAIE said, that if a man was ruined, or thought

he was ruined, by the misconduct of Government, where
else could he apply for relief but to this House ? In his
opinion, the petitioner was as respectable a character as,

Lord Charlea, Somerset ; and if the question was put to a
poll at the Cape he had no doubt the majority would be in
favour of the petitioner.
Lord EDWARD SOMERSET protested against the
imputation thrown out against. Lord Charles Somerset,
who was ready to meet the charges against him
in or out of the House.—(Hear, hear.)—He was sure the
-House would bear him out in the assertion, that Lord C.
Soinerset ought not to be placed on a par with a person
convicted of assisting in the escape of a felon.—(Hear.)
Mr. W. HORTOINI said, no blame could be attached to
Lord Charles Somerset for the verdict of a jury.

Mr. HUME explained, and the petition was laid on the
table.

CASE OF COLONEL BRADLEY.

Mr. HUME then presented a petition from Colonel
Bradley, stating his case to the House. The peti-
tioner was turned out of the army without a trial,
and disgraced without having committed any offence
whatever. This the Honourable Member thought was
a case specially calling for the interference of the
House. If this system of dismissing Officers, without
assigning any reason was persisted in, it would
have the effect of making every military man a slave.
The Hon. Gentleman was entering at come length into
the details of the case, but was frequently interrupted by
the unequivocal impatience of the House.
Lord PALMERSTON said he would not follow the
Hon. Gentleman by entering into the particulars of this
case, for the third time—(Hear, hear.)—So far from being
oppressively treated, Colonel Bradley was treated with
great and unmerited indulgence. His conduct called for
simple dismissal, but he was allowed to sell out as a matter
of favour. With respect to the Hon. Member's general
assertion—with regard to the practice of dismissing officers
'without a Court-martial,—he (Lord Palmerston) could
only say, that there could not be a more fatal blow aimed
at the well-being of the British Constitution than that the
army should no longer have the power of dismissing its
officers without resorting to any other course than its own
pleasure.
Mr. HUME explained.
Mr. BROUGHAM said, that the petitioner, Colonel
Bradley, had acted throughout from an error in judgment.
He was a gentleman possessing a very honourable mind, and
it was to be regretted that his discretion was not equally re-
markable. With respect to legal proceedings adopted against
persons connected with Government, he (Mr. Broughan)
could not help observing, that it was a very great
hardship that officers, whether civil or military,—whe-
-ther in the army, the navy, or the revenue,—who might
;happen to be sued in a Court of Law, should have the
.expences attending their defence defrayed by the Crown.
It was obvious that so long as his Majesty's Govern-
ment chose to protect their officers in this way, and screen
them from the consequences of their acts, private individuals
-could have no chance in bringing actions against them.
The same course had been adopted with respect to naval
eafficers. A case occurred some time ago, in which the
present Lord Chancellor, then Attorney-General, conducted
the defence. A verdict was given for the plaintiff; but
when his Solicitor applied at the Admiralty for damages
and costs, he was told that the individual was gone off to
a foreign station. (Here Mr. Croker said that' the Hon.
and Learned Gentleman was mistaken.) An Hon. and
Learned Gentleman on the seat below him (Mr. Brougham)
said he was mistaken, to which he should simply reply, he
happened to know that he was not.
Lord PALMERSTON said, that the practice alluded to
by the Hon. and Learned Gentleman, had never been fol-
Lwed in the army.
Mr. BROUGHAM explained.
Mr. PEEL said, the course which he uniformly pur-
sued when in office was this,—when an individual con-
nected with-the civil department became defendant in a
cause, he was told at once that Government would have
nothing whatever to do with his defence ; but if upon the
trial it should appear that the prosecution was instituted
from malicious motives, in that case Government would
protect him from the consequences of such a proceeding.
Mr. CRCKER said that the rule adopted at the Admi-
salty was similar to that which the Right Hon. Gentleman
had just stated.
After a few words of explanation from Mr. BRoucHaar,
and a few•observations from Mr. A. DawsoN, the petition
(eras brought rtp, read, and ordered to be printed.
CAPE OF GOOD HOPE.

Mr. BARING rose to present an important petition
which had been signed, lie miat-t say, by the unanimous
inhabitancy of the Cape of Good Hope. It had no
-ordinary claims to the attention of the House, as that
Colony was placed in a sieenlar predicament as compared
with an the other Colonies formed by this country for the
purpose of ugrienitnral and general cultivation. It had
been the practice to extend to these Colonies the benefits
(as far as was practicable) of the British Constitution. All
ctrl West India Colonies enjoyed the protection of the Bri-
tish Constitution, and our endeavour had been to form our
Colonies in all parts of the world into communities of free
mom, The Cape of Good Hope (and he knew not why)
Ins a singular exception to this salutary rule. The
Governor there had an absolutely despotic power. There
uras a Council, it was true, but the members of it were
?liable to be dismissed at his pleasure; There were Judges
also, but they were removable at the will of the Governor.
'Trial by Jury Was not introduced there ; and when all the
important public officers conld be thus removed at the
pleasure of the Governor—when there seemed to be little
more than his " sic cola," to displace them, it was manifest
that he had the arbitrary disposal of every thing and every
body. After specifying some taxes and grievances.
of which the petitioners complained, the Honourable
reentleman proceeded to say, that in presenting this
-petition he disclaimed, on the part of the petitioner and
-,liirneelf, a personal attack upon any particular Governor.
The Ghject of it was to obtain an extension of the bless-
ings of the British Constitution, and an exemption from
the continued wrongs sustained under the present system
of administration, to the most lamentable extent. As he
was ea this subject, lazfore he sat down he would advert to
the question of the Currency, as connected with this Co-
)(my. By the paper current; introduced there, the value
of the dollar was diminished front 4s. 6d. to Is. qd. This
paper currency, which had been issued to the amount in
value of 500,000 dollars, was issued ‘.er defraying the ex-
pence of some intended future buildings aid public works.
The effect it had in depreciating the value e.f the dollar,
had operated to a Most ruinous extent. It was a mea-
sure which the merest dabbler in finance—which any clerk
in any banking establishment cf this country, would be
ashamed to have recommended. Unless the inhabitants of
the Cape had some place in which they might openly state
the grievances under which they labours-ea it was not to be
expected that those grievances would be tijminished.—ln
his opinion the only security against a recurrence of abuses
similar to those which they had suffered, would be to give
the Colony something of a popular organ. Hitherto tit,
dmily answer which had been made to any one who ventured
eto make any complaints, was to send him out of the Co-
:long. So far had this principle been put in practice, that
printer tad actually been sent out of the colony for merely
Tepnblishing articles which had previously appeared in the
London papers. He was desirous, therefore, to give the
Colony something of a legislative- body; Caere power that
should be ,independent .of Government,
me, W. HORTON was far from thinking that the prayer
t 1„: petitioners was undeserving of attention; but without
refers. ~? to that point, he must, in the outset, protest against
what seereseel to be assumed by some gentlemen,—that tip
to the present moment nothing had been dace to ameliorate
he inhabitants at the Cape. This mode
the condition of t
of dealing with the a 117tian was, he considered, extremely
unjust to the
late admienstration of the Colonial deport-
ment. The colony of the
Cape was, it should be recol-
lected, ours b m the commencement wasy conquest. and ft,:
governed by 14ws wholly different from ours; but it had
been the endeavour of the Colonial Department gradually
to assimilate them to ours. It had been said by the Hon.
Member (Mr. Baring) that a kind of 1 gisiati.a assembly
or representative Government should be given to the in-
habitants of the Cape. Were not Hon. Members awase,
that the Mauritius, Ceylon, New Sonde Wales, Van -
Dieman's Land, and other British Colonies, were without
Representative Governments, though it was well known
that some of them were inhabited almost exclusively by
Englishmen, or their descendants? But even to this point
the attention of the Colonial Government had been given.

. .
Many details of improvements--in the administration of the
colony were already in progress—not thought of now for
the first time, as some gentlemen seemed to imagine, but
the result of diligent investigation, which had been carried
on for the last three or four years. He was as anxious as
any Hon. Member that petitions from the inhabitants of
any of the colonies should receive due consideration,, but
if the influence of the House and the public was to he used
against Colonial Governments in favour of the people on
fair occasions, it was also just that they should be exer-
cised in favour of the Governments in cases of unjust com-
plaints on the part of the colonists. He should be pre-
pared to show that anuchlad been done
.for the colony in
those years in which it was nnfairk, assumed that nothing
whatever had been effected. It svgs no valid objection to
the administration of the colony to'say that for some years
its currenc
y had been left in an unsettled state The same

might be said of the currency of this country for many
years, during which much ignorance prevailed on subjects
connected with it, on which, within the last few years,
much better information existed, and much sounder prin-
ciples were adopted. The establishment of one general
standard for the currency of the colonies would be pro-
ductive of much benefit in this respect. In conclusion
of this part of the subject, he would observe, that it was
intended (and not now for the first tine) to adopt every
measure within the power of the Colonial Department
to ameliorate the condition of the colony at the Cape.
He would now advert to another subject, on which,
though it was one of a nature personal to himself, he
would beg the attention of the House for a few moments.
He alluded to a pamphlet recently published by a Gallant
General (Sir Rufane Donkin), and which had found its
way into all the newspapers, reflecting on what he (Mr. W.
Horton) said, or was supposed to have said, in his place in
that House. This mode of proceeding on a publiC ques-
tion was, to say the least of it, very inconvenient; for an-
other course was open to the Gallant Officer, by which his
object would be much more easily attained. He might
have brought the subject before the House by petition, or
have instructed some Hon. Member (of whom there were,
no doubt, many who would have willingly undertaken the
office) to bring the affair before the House, where it would
be discussed much more conveniently than it could be
through the medium of newspapers. In this pamphlet Sir
R. Donkin stated that he bad charges to make against Lord
Somerset, which he was prevented from doing by my
means, by orders of Lord Bathurst. Now, he (Mr. W.
Horton) never gave any intimation of that kind to the Gal-
lant General. The Gallant Officer, in one of his letters
to Lctrd Bathurst, said, "I have disclosures to make which
will cover Lord C. Somerset with ruin." A letter was
written, by Lord Bathurst's.order, calling an the Gallant
General to produce his charges, and he then denied that he
had any charge to make, or that he had intended to make
any. He said he bad no direct charges to bring, but that
he would make disclosures. Now, he (Mr. W. Horton) did
not wish to shelter himself under any particular term ;
but in the ordinary acceptation of language, when a man
said he had disclosures to make which would cover an-
other with ruin, it was not unnatural to suppose that lie
had in his possession matters of charge against the party
alluded to. He was not called upon to bring forward a
public accusation, or to impeach Lord Charles Somerset.—
He was only required to bring forward his disclosures, and
then he stated he had no charge to make ; but the fact
was, he had no disclosures to make which were not already
made known to the Colonial department through other
sources.
Mr. MABERLY, in reference to what had &lien from
his Hon. Friend (Mr. Baring) respecting the alleged mal-
administration of the colony for fifteen years, observed, that
such a sweeping charge would unjustly include the govern-
ment of the colony during the administration of Sir R.
Donkin. It should be borne in mind, that at the time Sir
R. Donkin left the Cape, he received tle most marked tes-
timonials of the approbation of the colonists. He had also
the entire approval of his Majesty's Government at home.
There was no ground, therefore, for including his Govern-
ment in the administration spoken of. With respect to the
pamphlet, he did not advise, or approve of, its publica-
tion, for he agreed that that was a very inconvenient mode
of discussing the merits of a public question ; but he
must say that Sir-R. Donkin was at all times ready to
state his disclosures, provided a fair opportunity were given
to him. He was ready to state all that he knew. This
was fair, and all that could be expected from the Gallant
Officer. As to the subject of the alleged charge against
Lord Charles Somerset, he would offer ne opinion until
the whole question should come before the House. He
would, however, observe, with respect to the government
of Sir R. Donkin, that it had been most advantageous to
the colony.
311.. HUME said, there were great difficulties in the
way of Sir Rufane Donkin's bringing forward a public ac-
cusation, which, if he were anxious to undertake the task,
he would be unable to surmount without the aid of the
Colonial Department. The heads of that department
owed it as a duty to the Colonists to institute an inquiry
where their interests were concerned, and when import-
ant charges were offered to be proved. It appeared from
the Right Hon. Gentleman's statement, that the Colonial
Department had been aware long before of most of the dis-
closures which Sir Rufane Donkin could have made; and
he thought it reflected strongly on them that they had no
long before instituted some incuiry on the subject. -

that ease, although Sir Rufani: Donkin might not have
appeared as a public accuser, he might as a witness. Let
the
.House consider the difficulties which would present
themselves to him, as an officer in the army accusing his
predecessor in office, how such a circumstance might affect
his character in the army. It should also be recollected
that, as a public accuser, he would be put to immense ex-
pence in the production of witnesses, which no private in-
dividual could well hear.—(Hear:)—An Han. Member,
not then in his place, had given a pledge to bring this
matter forward ; but he would be unable to do so effectu-
ally without the aid of the Colonial Department. Would
they bring forward the witnesses necessary to substantiate
the charge? If earnest in the discharge of their duty, they
would accept the offer which the gallant officer had given
of his evidence.

A MEMBER.7hose name we could not learn, observed
that Lord CharleS'Sornerset would be ready at all times to
meet any charges that might be brought against him.
On the question that the petition be read,

Mr. W. HORTON begged to say a few words in ex-
planation'. The Colonial Department had not called upon
Sir R. Donkin to bring forward any accusation. He him-
self stated that he had disclosures to make; and when
written to make his charges, he declared that he had none
to bring forward. He (Mr. Horton) did not stand there
as the accuser of Sir R. Donkin, or as the defender of any
other party (for that was not the time for such a course),
but he must say that there was something very incon-
sistent in some of the gallant officer's statements. In
ene part he stated that Lord Bathurst had sacrificed him
for Lord C. Somerset; and in another part, he said that
he had no charge whatever to make against Lord Bathurst.
Here the Right Honourable Gentleman referred to a pas-
sage in the Second Edition of Sir R. Doukin's Pamphlet,
in which he offers to prove gross corruption against Lord
C. Somerset, and refers, in support of his charge, to
evidence which might be obtained of Mr. Brink, the
Noble Lord's Private Secretary, though in another
place he expresses his fear that that gentleman might
break down under the heavy load which he would have
to sustain. Now it happened that he spoke in the highest
terms of this gentleman, and it was to be hoped that
hereafter he would not turn round and say that the evi-
dence of Mr. Brink was not to be trusted. The charge
to which he there adverted he (Mr. Horton) would prove
to be false whenever the opportunity came ; but why, he
asked, in an accusation of this nature, was Lord Bathurst
to presume every thing against the accused, and nothing at.,
ail in his favour? Again, he repeated, why did not the
Gallant Officer bring forward his charge? It was idle to
say that a man who oared to make disclosures which li
would bring ruin on another had no charge to snake. The
Colonial Department were quite ready togo into an inves-
tiption, when the charges were made; but when called
upon for those disclosures, the Gallant Officer referred to
some information which was coming over from the Cape,
and which was the result of inquiries already made by the
Colonial Department.
Mr. MABERLY -repeated, that Sir R. Donkin was not
bound to appear as a. public accuser ; but it was the duty
of the Colonial Department to•brinEr, the case forward, and
to receive any evidence which he could offer.
Mr. CANNING said, that not only the character of the
Gallant Officer, but that of the department with which he
was connected, was at stake on this question. He asked
the House whether any department could pursue a course
more fair than that which had been taken by the Noble
Lord (Bathurst) on this occasion ? A Gallant Officer
comas forward and states, that he was in possession of in-
formation which would be the rain of another public
_ _

Officer at the -head of one of the Colonial Governments.—

What could any hetldof adopartment imagine from that

but that the individual making the offer was prepared to
bring forward his charge? So far from•thinking that the
Noble Lord (Bathurst) had not gone far enough in giving
him the opportunity, he was of opinion that be had gone

. _
rather too far. Hit were his own case, he would-say
that it was not unfair to call on the individual making the

offer (app;:over or informer he would not call him) to bring
forward his statement. He would have gone farther, and

asked him to give his information in writing. It would
never, for a moment, have entered into his bead to have re-

ceived his disclosures at a private interview, and to leave the
question as to the nature of the information given to depend

afterwards on the veracity of him or his informant. He
would never have admitted him to such interview, unless a
third party was present to take down all that was commu-

nicated. -Instead, therefore, cf believing that any ground
of complaint existad on the score of the information having
been rejected, lie thought a question might arise that it was
too easily admitted. But did the Noble Lord, then at the

head of the Colonial Department, stop there ? On the con-
trary, he made inquiry at the Cape into the matters which,
from other sources, were known to constitute the offered

disclosures, and the result of that inquiry would in a short
time be laid before the House. Now, whether the con-
duct of Sir R. Dunkin was tog rash-at first, he (Mr. Can-
ning) would not say, as that was not the proper time or
_place for entering into the affair, but he must observe, that
as the head of a Department, the conduct of the Noble

Lord, the late Colonial Secretary, was throughout most
unexceptionable.
Mr. H. GURNEY said, that all he had heard fully bore
out the observation of his Hon. Friend, that some legislative
assembly was necessary for the colony.
Mr. A. BARING said, that let the Colonial Department
ask the opinions of any of the inhabitants of the Colony
not actually in office-there, and they would find them all
unanimous in their opinion of the mal-administration by
which the Colony was so long afflicted; and he believed
the Right Hon. Gentleman (Mr. Wilmot Horton) himself
was well aware of the fact. If the Right Hon. Gentleman
refused to give a Representative Government till the Co-
lonies were ripe to receive it, lie would tell him they would
never be ripe until they got it.—(Hear, hear.)--If
he treated them like children, and never set them
on their legs till they were able to walk like men, they
would never be able to walk like men. It might be true
that in some Colonies, where the principal_ persons were
the stewards of gentlemen living in Portland-place, it would
not be advisable to give a legislative establishment. • The
case was different with a colony consisting for the greater
part of English farmers, who had carried out their capital
for its cultivation. He could assure his Hon. Friend (Mr.
Moberly), that he meant to cast no aspersion on the go-
vernment of Sir R. Dunkin. He knew nothing of it. As
to that of Lord Caledon, he believed he did as much as
any man could do to make despotism tolerable; but he
(Mr. Baring) was unwilling to see Englishmen depending
fur their prosperity or comfort on the personal feeling of
any governor.

Mr. W. HORTON, in explanation, referred to a letter
which be had written to Sir R. Dozikin, in which he
stated that as they had got the information that he had
offered to communicate through other sources, they would
not trouble him to give it himself. On that letter the
gallant officer had most erroneously founded his conclusion
that the Colonial Office had prevented him from making
his disclosures. He now begged to advert to a notice of
motion on this subject, given by an Hon. Member not
then in the House. He was sorry he was not present, but
he hoped that before he brought the question forward he
would give him timely notice of the particular grounds he
intended to take. He wanted to know what the specific
charges were; and be trusted that the Hon. Gentleman
would have no objection to communicate them to him.

Mr. MABERLY said, that the letter which the Right
Hon. Gentleman had just read, excluded the necessity of
Sir R. Donkin's coming forward with any accusation.
Mr. H. TWISS wished to know what the charges
against the Colonial Department were. He did not un-
derstand whether the Hon. Member for Abingdon meant
to withdraw the motion to which his Right Hon. Friend
Inc' just alluded. —(Loud cries of " No, no.")
The petition was then ordered to be printed.