Star.
London, England, 1830-03-09 00:00:00

Sir H. HARDINGE said that the officers on half pay, who
claim pensions for services, or for wounds received, were regularly
examined by five medical officers, before the board granted the
pensions. The principle on which they acted was, that threlaim-
ants must either prove the loss of a limb, or some other wound which
would equally disable them from active service. If, after five years.
they could not prove that they were unfit for service, the pension
ceased.—The vote was agreed to.
The next grant moved for was 54,1041. for superannuation al-
lowances.

Mr. 31A BERIX hoped, that in future the particulars of every
pension and allowance would be laid before the house.

Sir H. HARDINGE said he had conformed to the custom of his
office for ten or fifteen years, but if the house desired it, he would
take care to have the information furnished next year.
Mr. MABERLY required information with respect to tbe Mili-
tary College at Woolwich.
Sir H. HA RDI NOE said that before the report was brought up
to-morrow, all the information desired should be furnished.
The vote was then agreed to.
The next resolution was for 32,0001. for exchequer fees.
Mr. HUM E said the last Chancellor of the Exchequer had pro-
mised to correct this system of fees, and he ,regretted to say, that
nothing had yet bren done.
Mr. MABERLY also complained of the system, and hoped that
an alteration would be paid attention to.
The resolution was then agreed to.
Mr. GORDON said before the house resumed he would mention
to the committee a proposition, which it was his intention regularly
to move at a future period--and he would be glad to know, at what
time, and in what way it would be most agreeable to the right hon.
baronet that it should be brought forward. He would not discuss
the merit of the resolution at present, but merely declare that it was
to the effect that every officer, whether naval or military, on full
pay, taking civil office, should be subject to the regulation which
existed with regard to half-pay officers, by which the half-pay was
forfeited when civil office was accepted.

Sir H.-HARDINGE said that the report would be brought up
to-morrow, and that would be the best time to submit the amend-
ment, if he could get leave from the bon. gent. who had precedence.
The house then resumed, and the report was ordered to be brought
up to-morrow. BOMBAY JUDICATUU.
The order of the day being moved for the resumption of the de-
bate on the Bombay Judicature,
Mr. HUAIE said he had very little to offer on this subject;
but leaving the law of the case to others, he would say a few words
on the situation in which a part of India had been placed in
consequence of this transaction. (Hear, hear.) His impression
decidedly was, that the interference of government was uncalled
for, and that, contrary to the statement of the noble lord (Lord
Ashley,) there was no exigency which required its control.—
There was no rebellion, nor symptom of one, and there
was nothing to justify the intrusion of the authority of Sir John
Malcolm. The conduct of the government was calculated to place
not only the judges but the court in a disreputable point of view,
different to the intentions of the legislature and the act of parliament.
He denied that any state of excitement existed in India which would
warrant the governor-general stopping the act of the judges, and he
thought it very wrong that any prejudice should be raised against the
judges, who were sent out to India with a view of protecting the na.
tives against oppression. He condemned the conduct of the noble lord
at the bead of the Board of Control, lu displacing a judge who acted
a conscientious part, though he was not inclined to support the
judges in all that they had said. He considered that their address
in open court was not discreet, but still it did not justify any act of
severity. He further condemned his Majesty's government at home
for condemning the judges before they had received their defence.
It was an ex-parte decision, and ought to be condemned for its undue'
haste. He feared that ill consequences would arise in India; and
he thought that the house was called upon to stop them, as far as lay
in its power, which it could by censuring the improvident and hasty
steps of the government. He did not touch the legal point of the
question, and merely offered an opinion, which he founded on his
knowledge of India affairs. He would conclude by voting for the
motion of his hon. friend.

Mr. O'CONNELL said he would confine himself to a short
abstract of the legal question, and he felt that the statement
of the noble lord (Lord Ashley) on the former evening,
showed the necessity of producing the information called for,
if it were only for the exculpation of Sir John Malcolm.—
There were two cases whirl called for the interference of Sir
John- Malcolm, and to them he would turn his attention. The
first was the case of Bappo Gunness, and the other of illoro
Ragonault. The first-named being committed to gaol, de.
mantled a copy of the committal under which he was held,
but it was refused. He then gave notice in writing, which
met with no attention, and he then applied to the Supreme
Court at Bombay for a writ of habeas cot-pus. The writ was
returned, and the body was brought up, and the return read
in Court, but when it was moved to be filed, time was given
to the Government Council to amend it if they pleased, and
the man was continued in prison until their election was made.
The government council did not avail themselves of the opportunity
and the return was read a second time, and the man was dismissed.
Now he undertook to say, as a constitutional lawyer, that this con-
duct was perfectly regular. The return was in many instances
incorrect. It stated that the prisoner was four.d guilty of ap-
plying seventy rupees of Government money to his own use, but
it did not set forth where he had stolen it, or when, or how,
or in which piece the judicature of the Court which committed
him lay. As to the circumstances, one of the cases that of
Moro Hagonault, was that of a youth, under the guardianship
of a maternal relation, and married to his daughter, who was
forcibly taken by his uncle on the father's side. one of his
next hats, having an interest in his death, and kept in con.
finement for the space of a year. That being the case, from the
anxiety he had to be set at liberty, application was made to the court
at Bombay, and, though they issued their process, its execution
was impeded by British Magistrates and by the British Governor.
He was not opposed to the legitimate exercise of power by any go-
vernment ; but, when he could exercise a choice, he would neces.
sarily prefer that of the law to that of a military despotism. With
respect to the Judges, he thought that they acted within the limits
of their powers ; for the commission that appointed them empowered
them not only to act as justices of the peace, but also gave them all
the authority that the Judges of the Court of King's Bench have
in England, not merely with respect to the town and island of Boni-
bay, but in all the provinces " that now are, or hereafter shall be,
dependent upon that presidency." Were such an interference at-
tempted in this country, the consequence would be, perhaps, rebel-
lion : and yet, the preservation of the judicial power inviolate in In.
die was of more importance than here, where military government
was unknown. For all these reasons, as all that was sought for was
inquiry, the papers asked for by the hon. member for Beverley ought
to be granted.
Mr. GEORGE BANKES thought that further investigation was
by no means necessary, as the facts at all events, proved that Sir
John Malcolm, in his interference, did not mean either to insult the
Judges or set himself above the law, but solely to preserve the na-
tives from a jurisdiction to which they had a rooted antipathy, and
from the contrail of which they were exempted by an express en.
pgement upon the cession of these provinces to the East India'
Company. In the instance of Moro Ragunault, that was particu-
latly observable ; for he was not illegally in the custody of his
great cinch—quite the reverse—according to the Hindoo laws ;
neither was the guardian interested in his death, as he could not be
his heir. The other, that of Bappo Gunness, was also one in which
the judges should not have interposed, as he was not a British sub.
jest ; nor was his gaoler within the jurisdiction of the Supreme
Court, as gaoler of a native court, although, as an Englishman, he
would have been upon any other subject. Tne governor had, more.
over, done no mom than implore of the judge not to proceed. The '
case had been decided before the competent tribunal ; and that,
upon the appeal of Sir John Grant himself, who was the best
able to state his own case, and the Privy Council had decided
that the Court was in the wrong. With respect to the feelings
of the natives, he would merely refer to a note of the Marquis
of Hastings in his tour through these newly.ceded provinces.'
He said that " there was one curious circumstance he would
not suppress—that' in all the annexations that had taken place,
the only fear the natives had was that our judicial system
should be introduced," He also said that, however wilily framed
and uprightly administered, it was not fit for the natives.
He was at a loss to conceive what exceptions could be taken to this
matter, and what benefit could be derived from taking the judgment
of the house upon a case which had been already decided, every ma-
terial fact having been brought before the tribunal which was to try
it by the persons who knew the fact. But not only was it not ne-
ceaathat the matter should be reheard, but we should be doing
something sppertaining to injustice in rehearing it, since Sir John
Grant had been called home in order to answer any charges which
might be brought against him. His noble friend at the head of the
Board of Control entertained no idea of lowering the character of the
judges ; if he were to do so, he would forget the situation he held
and the rank he inherited. He hoped the hon. member for Beverley
would not persist in his motion.
Mr. C.W.WYNN raid that this motion appeared to relate to the
conduct of * great official department of the State, and the only
object was to obtain a copy of the correspondence. Both parties
appear to have acted a purely conscientious part, such as they re.
spectively thought they were bound to adopt, consistently with the
line of their duty. The boo. gentleman then proceeded to argue
the question with respect to the charter. The president of the
board of controul is responsible fur ill advice given to the crown re-
specting the appointment of the judges. How could information
from the bard of controul be conveyed to the authorities in India
except by a letter from the president ? It was absurd to consider
this communicalicm in the light of a private letter, simply because
the word " Febrile," was marked on it. if it was thought sight as
peseethisquesiies so a vote, of which he doubted the propriety, be
would vote fee this modems