Star.
London, England, 1821-05-29 00:00:00

NEWFOUNDLAND.

Sir JAMES MACKINTOSH presented a Petition
from certain of the Inhabitants of St. John's, in the
Island of Newfoundland, complaining of many abuses
in the Civil Government and Judicial Administration
of that Colony. He stated, that the Petition breathed
the warmest attachment to the mother-country ; that
this was by no means an unimportant Colony, as it
contained at present a population of 100,000 indi-
viduals, 10,000 of whom inhabited the capital. The
chief complaint was, that the Surrogate Courts of
that Island were in the habit of punishing contempts
of their jurisdiction by applying lashes to the back
of the offender. The Petition stated a recent instance
where this punishment was inflicted with aggravated
severity on a person of the name of Lenigan, who,
after receiving fourteen lashes, fainted under the
pain 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 corporal
punishments. The Supreme Court, however, said
also, that in this instance the punishment was un-
merited in its extent, and severe beyond the neces-
sity of the case. The Honourable and Learned Gen-
tleman said, that .these Surrogate Courts were held
on board his Majesty's sloops, and that Naval Offi-
cers were the Judges of them ; men to whom he felt
the highest gratitude, but whom he deemed most
unfit to exercise judicial functions. The Petitioners
prayed, that to remedy the abuses of the Civil Go-
vernment, they might be authorized to establish a
Provincial Legislature similar to the Institutions*that
existed in other Colonies. The Honourable and
Learned Gentleman here went into the history of the
Island, and suggested that two Judges might be
commissioned, one for the Southern, the 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 Courts, and, without being very expensive,
would be highly beneficial to the Colony. Should
his Majesty's Ministers take no steps upon this Yeti-
' Lion, he would seize another opportunity of bring-
: ing the subject heft): the House.
• Sir J. NEWPORT supported the Petition, and
testified that there were many persons in that Island
who were fully competent to legislative functions.

Sir I. COITIN confirmed the statement of the'
Hon. and Learned Gentleman as to the prevalence of
the lashing system. When he was in that Island be
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 l— (A laugh).
Mr. GOULBU RN said, with respect to the demand
of a Legislature, the experience which we had of si-.
milar institutions in other Colonies furnished .argu-
ments both ways; and he hoped the House would
come to no rash decision upon that part of the Peti-
tion. If in some Colonies they were occasionally pro-
ductive of advantage, they were, on the other hand,
productive in other Colonies of disquietude and in-
convenience. With respect to the administration of
justice, he-argued, that if the syStem upon inquiry
should be found as it had been represented by the
Hon. and Learned Gentleman, it ought no longer to
exist—(hear, hear).—lie admitted that the popula-
don, though-not perhaps so large as the Hon. and
.Learned Gentleman stated, yet was not inconsider-
able. It was divided into small insulated societies,
the classes of which were in the relation of master to
man ; and had, consequently, interests that were con-
stantly clashing. Tile Government, accordingly,
found it necessary to. send out Justices of the Peace
who would decide impartially, and the commissions
1 were necessarily given to Naval Officer, of high cha-
racter. If the punishinent alluded to was to be pal-
iiated at all, it mast be only by referring to the pe-

i•: EN-pr. • R.

culiar state of society there. He regretted that the
subject of the recent ui d was brought at this time
under the notice of the 11-use, as the parties were
no4v in this country prosecuting the apfeal before
the Privy Council.
Dr. LUSIIINGTON argued upon the injustice of
Lenigan'stdbe.• He had bLen summoned to the;Sur-
rogate's Court ;-he did not obey it. The Court might
have ordered him into custody; but, instead of that,
It %Val sent before the Commander of one of his Ma-
jesty's sloops of war, and sentenced to six-and-thirty
lashes, but fainted before the half of them were in-
flicted—(Hear, hear).—Even if the punishment was
in itself justifiable, here was an excessive degree of it,
which called for the interposition of humanity. 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 island.

Mr. W. SMITH impressed on the House the ne-
cessity of attending to this Petition. He contended
that the mode of punishment complained of was one
by which no freeman ought to suffer—(llear, hear).
Mr. MA ItRYAT called the attention of the House
to severe and unjust modes of punishment, which
were established in several of our Colonies, where the
Spanish law prevailed. Ile hoped the Honourable and
Learned Gentleman would not confine himself to
Newfoundland alone, but would use his endeavours
to remove the anomalies which existed in other
islands—(Hear, hear).
Mr.WILBERFORCE proteved against any sweep•
ing alteration of the kind suggested by the Honour-
able Member who spoke last. Time were some parts
of the Spanish law which were more favourable to
the Slaves than the English system.
The Petition was read, and ordered to be 'minted.
Sir JAMES MACKINTOSH presented a similar
Petition from the Inhabitants of the District of Saint,:
Maryland, in the same island.

Sir ROBERT WILSON took this opportunity of
asking, whether, in tho,_e English Colonies where the
Dutch law prevailed, the infliction of torture was
considered a criminal offence ?

Mr. GOULBURN said, that general instructions
had been sent out to all the new Colonies, prohibiting
the infliction of any punishment which was not com-
patible with the laws of England.
Sir ROBERT WILSON asked, whether torture
was allowed in those Colonies as a means of extract-
ing confessions from criminals?
Mr. GOULBURN said, he supposed the instruc-
tions went to the extent of prohibiting torture alto-
gether, thiugh he would not give a decided opinicu
upon that point.
The Petition was ordered to. be printed.
GLERAWI.Y DIVORCE BILL.

Mr. LUSHINGTON presented a Petition from
William Yetman, Esq. of the Middle Temple, agent
to Lord Glerawly, stating, that Lady Isabella *as
now living in France, that a copy of the Divorce Bill
had been served on her Lady.hip, naming her agent,
and praying that Counsel be heard in favour of the
second reading of the said Bill.—The Petition was or-
dered to be taken into consideration on Thursday next.

THE BUDGET.
Mr. CURWEN wished to know if the Chancellor
of the Exchequer would postpone the opening the
Budget, already fixed for Friday, to Monday next,
and allow the motion for the repeal of the Agricul-
tural Horse Tax on the former day?
Mr. AItBUTIINOT said, that the Chancellor of
the Exchequer was then absent, but he thought that
the arrangements of the Right Hon. Gentleman would
not admit of postponement.
Colonel DAVIES wished to know, if it was in-
' tended to put Members in possession of the public
accounts before the opening of the Budget?
Mr. ARBUTHNOT said, that these accounts were
already before the House. An Act of Parliament re-
quired that they should be presented before the 24th
of March in each year.
Mr. HUME said, that he had made inquiries for
the accounts, and found that they were not yet printed.
Shortly after the CHANCELLOR of the EXCHEQUER
took his seat, and •

Mr. CURWEN renewed his application ; ob-
serving further, that it might be expedient to post-
pone the opening of the Budget, in consequence of
the absence of the public accounts. -
The CHANCELLOR of the EXCHEQUER said,
it would be incotssistent with his arrangements to
consent to the postponement.
Mr. CALCR A FT w•i hed for the postpcnement, as
he did not think Members Would have time to make
themselves acquainted sufficiently with the state of
the accounts belOte Friday.
The CH ANCELLOR of the EXCHEQUER would
promise that the accounts should be in the hands of
Members on Thursday.

Colonel DAVIES would put it to the House, if it
was possible for them to be adequately acquainted
with the accounts by one day's perusal ?
Mr. CURNVis'N said, that under these circum-
stances,he should suffer his motion to stand for Friday.

LONDON WHARF'S' BILL.

Mr. CALC RAFT moved the 3d leading of this Bill.
Mr. lIUME said that he was induced, by the re-
presentation of certain Petitioners to that House, to
offer a clause to be attached to this Bill, which would
secure to individuals the rights of way which at pre-
sent were secured to them by the law.
The Bill being read the third-time, the Honourable
Gentleman brought up a clause to that effect ; and
on the motion that it, be read a first time,
Mr. CALVEItT rose and stated, that the Bill pro-

posed not to do away the right; of any individual. The
clause now proposed would absolutely nullify the Bill.
Besides it did not appear before the Committee,
though their investigation was minute, that in con-
sequence of repeated encroachments en the Act of
Charles 11. now proposed to be repealed, compensa-
tion was given to any pencil.
:Mr. SCARLET!' thought it hard that the House
should be called upon by an Honourable Gentleman,