Star.
London, England, 1828-06-18 00:00:00

.",.11.011111MIMM

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The Criminal Justice (India) Bill was read a wiled time, and
ordered to be committed on Monday next.
The Insolvent Debtor,' (India) Bill rip read a almond time, and
ordered to be committed on Monday neat.
On the motile of Dr. Pint.l.naoaa, the Hones resolved into a
Committee on the Cinque Ports Bill. Some AmetstiAients were
'made in it. The House resumed, and the Report ordered to be
received to-morrow.
Mr. CHOLMONDELEY presented a Petition from Grantham
against the Small Notes Bill.
On the Order of the Day being read for the second reading of
the Register Dice (Ireland) Bin,
Mr. HARVEY complained that the Bill would impose new
burdens upon the registering of every species of transfer of real
property. The fees which the Bill requited to be paid were 100
per cent. higher than in England. By the Act for Yorkshire the
fee was 4d. for every 200 words; in the Act for Middiesesthe fee
was id. for every 100 words; but in this Act for .Ireland the fee
was 10s. for every 400 words.
The CHANCELLOR of the EXCHEQUER said he had
nothing to do with making the provisions of the BilL The schedule
of fees which the Hon. Member complained of was the resort of
minute inquiry. An impartial Commission had been appointed
some time since to investigate the matter thoroughly, and the scale
of fees had been taken from their Report, which had nut been
made without due inquiry and consideration.
After a few words from Mr. HAIVIZT the motion was agreed to,
the Bill was ordered to be engrossed, and the third reading fixed
for to-morrow.

CALCUTTA PETITION.
Sir 4. MACINTOSH rose to present a Petition, in
respect of which he did not mean to use the terms in
any common place sense, when he said that it possessed
peculiar claims upon the attention of the House ; and
especially upon that of the Hon. Members whose opi-
nions were likely to have the greatest weight on the
judgment of Parliament. These claims it derived ft om
various sources. In the first place, it related to• the
power of raising money upon British subjects; which
was, or ought to be at all times a t 'pic of the highest
possible interest with a British House of Commons—
(Hear, hear.) In the second place; the Petition flowed
from a body of Petitioners, whom he might with great
truth and consistency designate as one of the Most emi-
nently respectable in all the British dominions ; and who,
trom this peculiar respectability of their character, as
well as from their vast numbers and unrepresented con-
dition, had, he conceived, the strongest claims on the
consideration of this Assembly. He would add, that,
in the third place. it preferred such claims. on account
of the various subjects, many of them of unspeakable
magnitude, to which the consideration of this Petition,
parliculaily with reference to the remedy to be applied
to the grievances complained of, would necessarily
direct the attention of the House—(Hear). This was a
Petition from Calcutta, praying for relief from griev-
ances under which they suffer, in consequenceof certain
measures that bad been adopted towards them by the.
Government of India. It came from almost all the
respectable native inhabitants of the place, and from all
the unrepresented and unofficial Europeans resident in
Calcutta; a city, which, in point of population, was the
second in the British empire, which was the capital of
the British dominion in Asia, a dominion that con-
tained not less than 80,000.000 of inhabitants; end which,
in point of capacity and estcnt,waseqsal in one direction
to that space on the surface of our globe which stretches
from Andalusia to Lapl ind ; and in another direction
to a portion of the same surface, stretching from the
western coast of • Ireland to Mount Taurus—(Hear)
In saying that this was a Petition from the principal in•
habitants, natives, Mahomedans, Europeans, and Eng-
lish, of such a City, the Capital of such an Empire, he
had said enough to show that these Petitioners were no
obscure or uninfluential body of men. On the other
hand. every man who knew his (Sir James) habituai
opinions on such subjects, would feel that when he talked
of the " unplaced and unofficial" inhabitants, be meant
no sort of disrespect to that numerous and powerful
'class, but used the expression in order to distinguish
them from the numerous military and civil servants of
the Crown and the Company. He meant to imply that
these latter, being connected with Government, were,
silenced as well by propriety as by pi udence in ammo
and on an occasion of this kind. He had no difficulty in
saying that he thought it would be ill advised in them
to petition Parliament upon stich topics,, or perhaps
upon any others, in the statement 01 which they .rust
come directly into collision with that Government: The
Petition, therefore, was to be taken as that of all those
inhabitants of Calcutta, who were in a condition to
avow their own opinions; and from personal know-
ledge, as well as from information obtained from the
highest authorities, he was perfectly convinced. that
these no where existed a large community in which
fewer disreputsble in, ividuals were to be Found than
that of which these petitioners were the representatives.
For fortune, integrity, and honour, high principle, and
scrupulous propriety of deportment, it was almost be-
yond any other of which he had ever heard. Now, the
main or immediate object of these petitioners was to ob-
ject against a stamp duty which had been imposed upon
them by an Act of .ParlinMent passed about 14 months
ago—(Hear)—the effect of which was to impose a tax
'which had never been introduced into Calcutta before.
The petitioners strongly complained of this duty as il-
legally imposed upon them, as unjust in its principle,
and as most inequitably directed against them, looking
to the peculiar nature of their relations with this .coup=
try. Now, of the first of these grounds of objection be
was not prepared to give any opinion. He certainly
did think, indeed, that this House could have no Otis-,
diction as to the legal question; if the petitioners were
aggrieved upon that point, they might go into the
Supreme Court at Calcutta; and from thence they might
weal to the Privy Council here. As to the injustice
Of the principle, besides disputing their liability to such
impost, levied by the authorities here, they alleged and
were prepared to prove that while the general popula.
tion of Bengal provided its quota of the revenue raised
by the Indian Government ea the rate of about ss. per
head, Calcutta already contributed at the rate of 10s.
per head. It was also added, that this tax was one most.
expensive in its collection, the charge of collection
varying from forty to forty-five per cent—(Hear). " He
now came to what appeared to him matter of very serious
consideration—the question of the power exercised, and
the policy pursued by the Government of this country
in the imposition of this tax upon India—(Heaf). He
knew very well that though most men would concede
to him that such an imposition was the result of an
erroneous policy, some might contend that necessity bad
rendered it unavoidable; and precedents no doubt might,
be readily quoted for the measure. But every one of
those precedents, unbappily,would forcibly demonstrate.
its danger and imprudence—(Hem). The great ques-
tion here was, whether the British inhabitants of India
ought to be called on to bear equal burdens before
they were admitted to equal privileges with their fel-
low subjects, in respect of the parent State?—(Cheers)
Whether they were not, tinder their present condition,
WOK inequitably called on to bear the burdens, while
they were debarred from the privileges? tie thoughts
they were. He asked no more for thealithanwa
already enjoyed by every other description of our sub-
• s throughout the vast regions of India—(Hear, heat,
These equal privileges were possessed by all the
• subs, Ilindoos, Genteel% and Mahomedans.
but Englishmen at Europeans were denied them.,
Nice,),S bed agroststood that he was to be met by as ob-

""nW/Millrirwry

lection in the very threshold of his argument, for the
extension of the same rights to British-born subjects.—
He was to be told that the present system of our Go-
vernment hid beefa-lound to answer well ; and this had
been the fatal principle upon which we had'always, of
legislated with regard to India—any thing to
loatet
oyffearthe consideration of a question of this kind—any
thing rather than waste a minute on the affairs of so vast
a portion of our Empire. Had not the history of our le-
gislature in 1773, 1784, 1793, and 1813, demonstrated
the same procrastinating disinclination to look this sub-1
ject in the face? and we had gone onwith a system of misal
rule and mismanagement, which combined the disad van-1
cages of all other systems, and was serious without delibe-
ration, and sudden without vigour. The two last times
that we had legislated for Julia occurred in the first and
last years of the most tertible conflict in which this
country was ever engaged ; these were not good seasons
for introducing improvements, however palpable their
exigency, into such a system. Three years now re-
mained before the Government must finally determine
whet her the present system of Indian Government should
be further persevered in. This would not be found too
long a term for a mature consideration of the question.
ate Right Honourable and Learned Gentleman then,
went into the discussion of the existing political condi-
tion of the petitioners, and contrasted the first part of
their exclusion from civil and political privileges with
the admission of the Hindon, the Tartar, the Gentoo,
the Bramen, the Parsee, the Buddist, and the Bhoodistl
to them. He contended that the whole scheme of such
a Government, of such a conquered country, was with-
out example in the history of nations. We had applied
the maxims of factories to the administration of empires.
He then reviewed the objections taken in 1813 to the
alterations introduced into our Indian system, and de-
monstrated their fallacy ; and hence he argued, that
much greater improvements might yet be introduced.
India might be colonised by our own people; and the
seal of monopoly being taken off that noble country,
our political power might be enlarged, the parent state
be relieved, and our expenditure diminished. He added,
that returns in his hand demonstrated beyond dispute
the rapid advance in amount and value of the exports
to British India during the last seven years ; so little
I truth was shire in the notion of the immutable condi-
tion of the native population, and of the impossibility of
their demand for OW. manufactures, &c. increasing.—
From 1820 to 1826 the average' annual exports were
four millions, the' imports six millions, being an im-
provement of 50 per cent. -upon the previous consump.
lion. Thus were the predictions of that host of intelli.
gent, experienced, and honest witnesses completely falsi-
fied. A arranger instance of a great political mistake,
which ought to be a warning in all future cases, perhaps
could not be conceived. The itical.knowledge of the wit.
nesses, their intimate acquaintance with the subject, was
probably the very source of their mis-judgment. In his
(Sir James Macintosh's} views upon India, he was borne
out by the travels of the late Bishop Heber, that amiable,
' excellent, and ad vcirable ecclesiastic of the infant Church
Establishment of India. That competent judge of the
matter declared, that the more English there were in
India the better ; and that English projects, . and. the
knowledge of England and -English habits, since the re--
taxation of the Charter, had stretched to the farthest ex-
tremities of that country. Articles of English manufac-
ture had even travelled to thitatery*erge of the north-
western Desert, amongst tsibes to whom, twenty yelp,,
ago, the very name of England was unknown ; and who
would have been unable to point out the quarter of the
globe in which the island was *gated. So far then
logo objection urged to the relaxation of the Charter tate
been removed, and the other had been equally falsified'
.bZ experience. Two persons only were found to oppose
thit host of witnesses brought forward. One of these was
Lord Grenville,whosecomprehensive principles of philo-
musky, united with a knowledge of the minute details of
ibe eubjectaenabled his sound and erudite understanding
to discern the fallacy of thedocerioes promulgated on that
Ittecasion. The other was a Gentleman who was then. al-
, though not now. aMember of that House,Mr.Rickards—
a man not the less remarkable for his great talents and
learning than for. the extraordinary.beoevolence of his
minds He also. made a stand; but the majority of the
, legislators of that day only presumed to act against the
host of witnesses whose testimony was in opposition to
them with fear and trembling. The question now for
the House was, whether they-should not at once go into
the inquiry. instead of postponing it to the period when
they would be called upon to pronounce a decision?
By beginning early they would, be enabled to go on
slowly and steadily to the end. By such means our
empire in that quarter of the globe-would not again
be liable to become the prize of a disgraceful struggle
between two parties. or the subject of a long and
clamorous debate, which scatcely deserved the name of
discussion.- But by taking the course he recommended
they would best arm their minds with the facts which
,bore upon the-question, and come to the consideration
,of it in a state fit to enable them to se-tle the future
Government of India, and the intercourse of this and
r.ther nations with it, upon a permanent basis. He
'hoped whenlever that great question should he discussed,
that those who had not undertaken the labour of ac-
.
Igniting information on the subject, would also Abstain
(from the responsibility of judging upon a question
affecting the happiness and interests of eighty millions
of human beings. By the appointment of a Committee
stow, although the subject matter of their inquiry might
require but a short period, the House would show its
disposition to sift the question with a view to a future
and more accurate investigation. The Right Ilonour-
able Gentleman concluded, amidst the cheers of the
House, by moving that the Petition be brought up.
The Petition having been read by the Clerk, 'the Right Hon.
Gentleman moved that it be referred to a Select Committee.
Mr. WYNN doubted whether his Right Honourable
Friend would attain the objects embraced in his speech
by the motion be had submitted. The Petition, had
simply reference to the stamp duties, and he did not see
how a Committee appointed to-inquire into the contents
of such a Petition could branch into the important and
extensive topics which it was the object of' his Right
Honourable Friend to bring into the investigation.
There was plenty of time yet for the discussion of
these important topics, and he trusted the House
would not fail, long before the period of the re-
newal of the Charter, to give its serious attention to
the subject. He confessed he did not see that the
, House could now advantageously entertain the question
referred to in the Petition. The stamp duty complained
of was first imposed in the year 1797, and. he admitted
lit was upon an erroneous principle, inasmuch as the
object was to discourage litigat on by putting a tax
upon judicial proceedings. So far as that was concerned
he wished to see it remedied. But the Act of 1814 was
conclusive as to the power of the Indian Government
to regulate the stamp duties complained'of. He was
not one who concurred in she Act of 1814. He was,
indeed, in the minority upon that Act, upon the principles
of free wade. With reference, however, to that partof his
Right Hon. Friend's statement, which attacked.the In-
dian Government on aecount of its restriction on the emi-
gration of individuals tolndia, he did not entirely *pee

• ?

with his Right Hon. Friend. Out of 965 applicationeto
be allowed to go out to India, 743 had been complied
wish by the Board of Dir. ctnrs, and the Board of Controin
had given permission to many of the reject 'd
The grounds upon which the refusals were given "err,
that it was not reasonable to allow individulls to
go out to India, who had not a reasonable chance
of obtaining a livelihood when they got there. Re,,
fusels.were also given to persons applying to go out (,)
India as-Clerks, upon the ground that dcariatishj
that kind were now filled by the half castes; and h'
('lr. Wynn) was decidedly of opinion that a grew folk
had been committed in not introducing that class info'
the exercise of civil offipoce.s—sess(tHonesarin,
bleenccoengsiedneerreadilythtsot ourwe held them merely fns iron heoeit
ot this country, as a means of settlem.-:-t for the people
of this country. He considered that we had a higstit •
duty to perform—a duty towards the nativepoi.olatieci
of India—(Hear).—He differed from his Right Hot
Friend as to the notion thatEuropea s were the best Inv,
rectors of the native population of India. Pat history
showed that in proportion as people war tree at homei
did they treat with contempt those over wt om, less fro
than themselves, they had dominion abroad. For sie
own part he solemnly declared that he had rather,
were a native of India, be subject to
.a people •
despotic dominion at home, than under ire
of a free state. If they looked 'back into
history, they would find the Spartans, who wt
freest people at home, the most despotic wherever
they had dominion abroad. It was the same
gard to Rome. The proper cousse ef to:icy
Indian possessions was to conciliate and Wend ,
habitants generally as one race. He could assure
House that there was no object nearer the hear,
Noble Friend, who had lately gone out as Governor.
General of India, than to act upon these
to employ the natives as much as possible in cm
In 1880, he thought it would be time enough to
for the renewal of the Charter. With regard to
tition itselt, he could only say, that if the Indian
ment acted illegally, there was an appeal Oil
Court of Justice or to the Privy Council.
A Message from the Lords here announced their
Assent to several Private and Public Bills.
Mr. HUNIE said, he was happy to have he;
speech of the Right Hon. Geortlernan (Mr. W,
the principles laid down by him had been act
much evil mint,' have been prevented. Ah
years of oppression, they were now told that
ciple was bad. The Right Honourable Gentle'
'Spoke last, said he agreed to much that had fal
Isis Right Honourable and Learned Friend. bu'
jetted to the period proposed for inquiry as
—The earlier, it was entered upon the bell
grounds had been made out for delay. • He did
-the Stamp -Acts alone were ground enough to
to inquiry, nor was he disposed to lay great
tieing the people of Calcutta. There v.•
ever, a great difference between the 'iglu
`by Englishmen within and Without the. wall
cotta.- The rights giiren to.:P,44li+htbris
tinet and separate with respect to such
within and without Pi es• idencies. The Aft
House also were distinct upon the subjecr
liniited the power of thiCeiripany, to I. g Watt
Plesidencies. He did ipor.coasider the leedl
Stamp Act of the least impottance ; lassyt
greatest eminence differed on it. The situatio
was so peculiar, that the House should not
enced by technicalities. The Petitioners corn
thst they were not permitted so meet—tbey
ineseatation in that Houss to protect their',
it was for that reason they ottgbt to view
jealousy the acts ot a Government, which went
eighty or ninety millions of people. The pop+
Calcutta was greater,he believed, than that ot
the complaints of such. a'population deierved',
serious attention. The Petition was not so nurne,
signed as it would have been, if no appieherdens.
entertained from signing such a thing. h Wis. b.
more numerously signed than any similar /
which ever came from India. The Sheriff first
a meeting by advertisement, but. afterwards
it, on the ground that the Government of Indi
permiision. There could be no strongeritir e
sion than this. The Inhabitants, however; et
were not always brave, and they wisely abstai
interfering with the meeting. if the Governme)
acted by orders from home, the euthinities hr
greatly to blame. The petitioners a'sied to be
by that House against taxation, as they din
the advantage of being represented in the
liament. The. objection to the imposition
was more unahimous than upon 'any foriner
The tax was i d without any knowledge
was.going on ti 11l the order for raising it
the Gazette, and this at a time when-they were
to be relieied from other taxes. Whether
legal or not, it should not have been imposed
some prEvious notice. He trusted they ant
tition after petition until the grievances of
redressed. They should endeavour to gall
of all in supportof the Government, in plan
discontent. The taxation was not Irene r‘
two millions British money On a PI
eighty millions, not five shillings, a head, WI
land the taxation amounted to between 41.
What could this arise from but the bad gas
the country, which prevertit all her resources from
being brought into act on. They ought to profit by
experience. They had suffered enough befare by at.
tempting to impose cuth a task as this on their C*
ales. Let it not be thought that the people of India
could never be excited to resistance. He b.ggedut
call the at entioa ot the late President of the board et
Trade to Bonaparte's principle for the rega tion of
Colonies. It was a wise and just one. His rule assr
that to govern Colonies well, justice must nnt 0101:
be done, but the Colonies must feel convinced that it
was done. Let the tax, therefore, be legal or illegair
they should give satisfaction to the' Coloeies. It ws
the most impolitic and the most inconvenient to trade
that could be imposed. Were he to detail all the et"
ances under which India suffered,
it would occupy Friatwelve hours.—(A laugh). lii place of acting on It!
principle of Bonaparte, the Court of Directors related 37
information, except that which came from authorise!
sources. He frequently received letters from Civil a°
Military Officers, conveying complaints and setio.
charges, but-requesting that the source from •hich tng_
information came should be concealed, lest they align'
be marked men. He thought inquiry absolutely note,'
,
sary, and he hoped that a Committee would be ro
for and agreed to, on this important subject. if a doll!
existed about it, that was the stronger reason for tic

the I
'nap
in d

Committee.
Lord ASHLEY said, that he was not aware of
the
Petitionbeing presented that evening ufltil he hAdcostte
down to the House- Under such circurn,iances it would
be impossible for him to toll iw the Hon. Members into
the detail in which they had indulged. The St 111
Taz in India was nor as obnoxiou. as in this co,,ntri;
on the contrary; it was attended with :dale ationtsgeir

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