Star.
London, England, 1827-06-30 00:00:00

"TEMKIN IN Mit MOOD OF LOSS".

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Con.
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Acts.

Mr. OTW A Y CAVE rose to present a Petition (from Leicester,
we believe), complaining of distress in trade. The Hon. Member
proceeded to read a part of the Petition, in which allusion was
made to an observation of Earl Grey's, in the [louse of Lords—
" that he would stand or fall with the order to which he belonged."
—(Cries of " Order ! order n
The SPEAKER said the Hon. Member must be aware, that if
the Petition contained any allusions to, or observations upon what
' took place in the other House, it could not be received.
Mr. CAVE said, be should be sorry to be guilty of any irregula-
rity. The Petition did contain such expressions.
The SPEAKER—It must be withdrawn.

The Petition was accordingly withdrawn.
LOYD CHARLES SOMERIIICT.

Mr. W. HORTON brought up some Papers relative to the Cape
of Good Hope..

On the question," That they do Ile on the table,"
Lord EDWARD SOMERSET rose, and said, he
wished to call the attention of the House to a letter
which lately made its appearance on the subject of the
Correspondence laid upon the table of that House by the
Colonial Secretary, relative to the Cape of Good Hope.
He did nor mean to take any notice of that letter as a
Breach cl Privilege, although it certainly was one; but
to point out the exaggerated attacks and misrepresenta-
tions to which his Nuile Relative (Lord C. Somerset"
had been exposed, both in the public papeus and Mtn
places. The Hun. and Learned Member above him

Mr. Brougham) had, two years ages, presented a Pet 'a
terms,nd
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fe Lordtahnoi
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Learned Member (Mr. B.) then stated, that, if thole
he
;stile aetih'ssoutibbal
cb,hrwianorgg
lad made no motion on the subject ; and he called upon
him, therefore, now to come forward and state whether
he had not found those charges to be false? Elevea
months since a report had been made by Commissiotien
appointed to inquire into the affair at the Cape of 60,4
Hope; he appealed to the Hon. and Learned Gentle
thereH o . Gentleman
was
one p
ri r hadt at
ertttjh e the
wo n sapti
tie
ta,ter Reportt
man (Mr. Brougham) whether he had not declared that
Report satisfactory, upon all the points on which it
timetouched?
observed,
Butthe
that
did not touch upon, namely, a charge of corruption b •
the Governor of the Cape in his judicial capacity. xis
Noble Relative was now In this country, and was re•dy,
indeed he was anxious, to meet whatever charge could
bybe anoifibrought
ceargoafinbsitghbimra—nkTheaadrbeen. hear!)ptib A
ihisa i
n.
ing charges of the grossest corruption against his Noble
Relative, with respect to the issue of warrants for the
payment of the expenses of the different Colonial de.
pertain-eta. Papers had been called for, and after that
a Commission had reported, which report was pro.
pounced a complete refutation of the charges—(Hear,
hear.) His Noble Relative had, from the first, been
most anxious that inquiry into his conduct should take
place in that House ; and had anxiously watched their
journals, in the hope of seeing some notice of motion
given on the subject. He was at length glad to find
that the Hon. Member for Arundel had given notice of
a motion on this subject for the 19th of June; but to
the regret of his Noble Relative, the Hon. Member
abandoned that motion, without giving the House any
reason for doing so. He then tendered his resignation,
not with a view to shun inquiry, for he had not done so
until after the 19th of June--(Hear, hear.) He begged
pardon of the House for having taken up so much of
their time—(Hear, hear.) He would leave it to the Un-
der Secretary of State for the Colonies to relate the
circumstances under which his Noble Relative tendered
his resignation, after the abandonment of the noti:e of
motion. In conclusion he would observe, that the
charges alleged against his Noble Brother were without
the slightest foundation, and had ben got up by a set
of persons who had conspired together for their own
puMr.rs.
pose
MABERLY thought it irregular to introduce
this subject in such a way. He had not yet given any
opinion upon the charges made ag iinst the Roble Led,
but he knew that the Gallant Officer alluded to eat
ready to prove the charges contained in his letter, 'fart
opportunity of doing so were afforded to him. It was
not fair, therefore, to say that that Gallant Officer had
been guilty of calumny—the prejudging a case before
proof was given. He (Mr. Maberly) gave no opinion's
to the facts, but he felt that they had ample grounds for
going into the inquiry ; and indeed that inquiry wasdoe
to the Noble Lord who was to be the subject of it, lad
who had laboured so long under those charges. He did
not pronounce the Noble Lord's conduct to be right or
wrong; but he maintained that the Petition alluded to,
as well as the papers, furnished ample grou ids to: is
quiry. For himself he did not think it was tight of the
Hon. Member for Arundel to give notice of a m Moe
on this subject, and then to let the matter drop. It en
a serious charge, and when made, ought not to hue
bows abandoned.
There was a 'rascal cal et" Mr. Broesbaet, Mr.Broagliam; ed
Mr. BROUGHAM rose. He must now, as he had es
all former occasions felt called upon to do, express hit
admiration of the temper, and 'Moderation, and feeliog
with which the Noble Lord approached this subject
whenever it was brought under discussion. The Noble
Lord (Lord E. Somerset) had truly statei that he (Nr.
Brougham) had, two years since, presented a Petition
from a Mr. Bishop Burnet, containing charges more
or less important against the then Governor of the Cam
of Good Hope. He (Mr. Brougham) then stated, that
there was one charge in the Petition of infinitely grata
a description than the rest-4 charge of his Lordship's
having, in his judicial capacity at the Cape, accepted
money frit deciding a case in favour of a parry, with-
out looking to the merits of that case. He thee stated
that if he found that charge to be true, he should led
it his duty to institute that sort of inquiry wh ch all
Members of that House had the power of doing, with.
out consulting others, or even having a seconder. He
had made those inquiries, and the Noble Lotd had a
perfect right to put the question to him, and he and the
House were entitled to expect the explanation he cal
about to give on a charge affecting, as it did, tit bto
ther's character. not only as a Judge, but as a Gene&
man and a man. The reason why he did ant mak • this
statement earlier was; because he h .d tint u til thr.e
four weeks since received that sati factory evidence
upon which he could safely rely. He stated on a former
occasion, that before presenting the Paition, he knee
nothing of the facts, except his having bad the mom
to ask the petitioner a few questions, to which he gave
consistent answers. It happened that h • 1 ecame engaged
before the Parry Council for one of the parties who had
been in the Court at the Cape. What he was now Fong
to say was matter of date, and was clearly established.
The Petition stated, a person of the name of Duer, a
Durr, had an appeal case pending before the Gaveroot
of the Cape of Good Hope; a friend told him that he
had better buy a horse which the Governor had for
sale. ,4 To be sure,"said his friend, "you do not want
a horse, but then you will have your suit d:ctded fa-
vourably, which you do want.' In short, the man got
a hint, and bought the Governor's horse tor 10,000
dollars, which, at ss. per doll .r, was 2r5001- Lord
Charles Somerset was represented as having not only
taken this m iney, tut also as having kept the, horse
until he died ; and that the man g' t his case ue:iile
favourably: it was an appeal from the Court be. log:
Now, on inquiry, he found that a dol'ar at the time at
question, was not worth Ss. but Is. 6J. so that _
10,000 dollars would be no more than 7501. which
found was somewhat under sa hat the horse could 22
imp oted from England for, he being a valuable ing
horse. It turned oat, also, that the man had taken Ike
horse, and used him for four months, which stab istti
season, Lord Charles Sonnet set Ageeing
back, on condition of grooming him for the tem41221
part of the season. Toe horse, however, died of
.2 t),..
monary complaint in a short time. On inquiry be
found. that the decision of the Appeal case was in. ;
and that the putchase of the horse took place in
following September—Meer, hear, hear), and that 5
decision of the case, so hit from having been fay.";
f the man who purchased the hors-, was actual,.
to have. him
against him —(A laugh, and cries of hear, h22*

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found this. of Course, all thought of pr-ceed-
; ;tinhe
seek for inquiry by impeachment was at an end,
° '
fact which would justify such a course being
All (nether without foundation—(Hear, hear, hear).—
;scold not go so far as the Noble Lord, and say,
because one charge had been proved to be ground-
wherefore all others of a d trent nature, and
loggia forward by quite another person, an officer of
b,e• b nob—were all in the same manner equally
rents
&ess , • nor could he join in the imputations which'
the Noble Lord had seemed to cast upon that Honour:l
spiv and Gallant Officer. There was, however, one,
roost
which,on every occasion similar to this, he
ld feel bound to adopt. As often as he saw a gross
:I,la:heinous charge advanced against any individual, in
the form either of a public or a private accusation—
*tether that individual were high or low, or brilliant
or obscure, or great and powerful, or weak and un-
sriended—he should be equally ready to do him the
jos w
tice (which would only be bare justice, when such a
charge as found to have signally failed) of lend-
ing him the fullest advantage arising from the
stronpt presumption in his favour, quoad all the
other charges which might be adva .ced against
him, until they were fully inquired into and determined
—a presumption which would be much the stronger,
in proportion as the failure of the first charge had been
the mote signal and decisive. He thought that was but
a fair maxim of justice; and at it was that which he
should desire to have applied to himself, so he was de-
sirous of applying it to others. Further than that,
however, he could not go, except in joining with those
who declared they thought it hard that such charges
Mold bang over the head of a Gallant Officer for so
long a period of time—(Hear, hear.) He trusted, how-
ewer, that some of those who entertained that feeling
aith himself, would bring forward the remaining
charges against Lord Charles Somerset, to enable that
Noble Lord to prove them—as the first charge had
already been proved, and as he hid little doubt all the
test made by the same individuil could be shewn to
be—utterly groundless. While, however, he said this,
he wished it to be understood that he did not refer to
Sir K. Donkin, on whom he was not casting any im-
putation; nor could he agree with the Noble Lard in
calling that Gallant Officer a calumniator, or in ac-
quitting Lord Charles Somerset of all the chargei which
Sir IL Donkin had preferred against him, because that
which bad been preferred by another individual wai
proved to have been groundless. At the same time,
he thought that, in justice totord Charles Somerset, as
well as to Sir R. Donkin, two more years ought not
to be suffered to elapse before the charges advanced by
that Gallant Officer against that Noble Lord were di►
posed off. The task of bringing forward these charges
ought to be undertaken by some Hon. Member who
'cold really present them to the consideration of the'
House; and it was a ta.k which he (Mr: Brougham)
wuld willingly undertake, but that he had not sufficient
time to ensure its proper performance. He trusted.
therefore, that some other Member would undertake
it; for, by a Member it must be done, since Sir R.
Donkin himself had not the means of standing up
in that House, and impeaching the Noble Lord ; but
only possessed the power of writing a pamphlet, the
merits of which could be discussed in no other way
than by an appeal to the Court of King's Bench-4
course which, especially in such a case, was a most
combrons method of proceeding, and which,- in its
result, would neither satisfy one party nor the other.—
It appeared that Sir Malone Donkiu was quite ready
to bring forward his accusa•ion, and that Lord Charles
Somelso was equally ready to meet it. The Matter
ought, therefore, to be brought to issue, in the only way
that would be satisfactory to these parties and to the
public. He recommended that course to be pursued,
and that was all he could at present undertake to do
He though it necessary here to observe, that he had not
read Sir Rufane Donkin's pamphlet, because, as he had
not the opportunity of himself instituting an inquiry
into the charges it contained, he felt be ought not to
lead anything on one side or the other that might tepid
to prejudice his mind upon the subject. Before he sat
down, he wished to mention one circumstance connected
with the Government of the Cape of Good Hope,
and especially relating to the administration of justice
there. There was one circumstance which had caused
no little doubt and alarm among the English Bar.
paces upon the subject of the judicial appointments
at the Cape —he meant that of sending out, as
Judges, those who were not English lawyers. If
such a practice had been adopted, he should regret it
exceedingly ; he should be the first to protest against it
()never; account. He was averse to the practice, be-
cause he did not think it was a safe practice even in a
Colony where the Civil Law bad existed; for even
there be should prefer seeing men who were well versed
in and habituated to the practice of the English Trial
by Jury, and the rules of the English Laws of Evidence.
He should be extremely sorry to see any other practice
prevail! and as to going to Scotland for a knowledge
of the Civil Law, he was convinced that no such know-
ledge was to be obtained from the Bar of Scotland,
where in fact it did not exist at all—(A laugh)—a cir-
cumstance which, he contended, was sufficiently proved
by the late trial at Lancaster; and he himself could as-
sett, that the examinations of young men in Scotland
upon the subject of their knowledge of the Civil Law,
afforded no hope that they should be acquainted
with it, for it was the custom for them to go to the
examiner, on the night before the day appointed for the
examination, and to inquire from him upon se hat page
of the Civil Law they were to be examined. He there.
nre said, ' Send out no civil lawyers; but send out men
imbued with the principles of the English law—with
these of the Trial by Jury, and with those of the Eng-
lish law of evidence; and if they did send out such
meo, he was convinced they would have better Judges
than if they employed civil lawyers for that purpose.—
lf, however, they would not take his advice—if they
would have civil lawyers—then lie recommended them
to go to Doctors'Commons, and nut to send to Scotland
for civilians; but the other course seemed to him by
far the more advantageous. Having felt it his duty to
notice the circumstance to which he had alluded, be
Ctnuld trouble the House no further upon the matter.
Mr. WILMOT-HORTON wished, in the first in-
Stance, to say a single word in reply to the concluding
remarks of the Honourable and Learned Member for
"'nchelsea, with repect to the appointment of an indi-
vidual selected from the Scotch Bar to fill a judicial
situation in the Colonies. His Majesty's Government
felt all the advantage which might be expected to arise
from the appointment of persons embued with the prin-
ciples of English law to judicial situations in the Colo-
hut it was also to be borne in mind, that an
sequaiittance with the principles of the Dutch and civ
i" was occasionally necessary. Two Judges had been
* bent out, of wlsose qualifications he was sure the Loomed

•
Gentleman could not but approve; but it was also
thought necessary to semiotic a lawyer who, in addition
to the more ordinary qualifications .Of his profession,
possessed a knowledge of the civil law. In pursuance of
this object (the more necessary to be accomplished,
as in some of our Colonies the principles, not only
of the English, but of the Dutch law, were to be re-
garded) a Gentleman understood to be well versed in the

—civil lair was sent out, and considerable advantage wa•

expected to result from his presence in the colon); where
that kind of information would be particularly useful.
Having thus replied to the observations of the Hon. and
Learned Gentleman, he should address himself to the
topic more immediately under the consisleration of the
House. Hon. Members were aware, that the case of
Lord Charles Somerset had been now more than two

years before the House, during which time papers had
been laid on the table—Petitions presented—Reports

made, and various proceedings resorted to in relation to
it. The House was also aware, that the Hon. Member

for Arundel, had given notice of a specific motion on
the subject,which he subsequently withdrew, for reasons
best known to himself, but with which he (Mr. W.
Horton) was unacquainted. The Hon. Member had
now abandoned his intention, but it would be recollected,

that previous to his having done so, he (Mr.W. Horton)
on two several occasions. requested, indeed, called on
that Hon. Member, to apprise him of the nature of the
charges intended to be advanced, with a view to enable
Lord C. Somerset to meet them—(Hear.) However,
the Hoo. Member had not thought proper to afford him
the information he had sought—the Session-,was now
approaching its close—the Hon. Member had abandoned
his promised motion—and nothing had been done—
(Hear.) He appealed to the good feeling of the House
to say, whether, in point of plain and substantive jus-
tice, it was fitting or right to allow charges thus made
and thus abandoned, to hang over the head of Lord
Charles Somerset. What had been the nature of these
charges? The House would recollect, that it was not
a mese question of discretion or indiscretion of temper-
ing the Dutch law, which was the law of the Colony,
with the more salutary principles of English law ; but
in every one of these charges Lord Charles Somerset
was accused of corruption, tyranny, and bad intention,
either of a personal or political nature; but as they had
not been followed up, much less substantiated, he
thought Lord C. Somerset must, in justice, be acquitted
by the House. The Noble Lord who spoke first in the
debate, had announced to the House the circumstance
of his Noble Relative's re,ignation, and appeared to de-
sire some espression of his (Mr. W. Horton's) sentiments
on the occasion. In answer to the Noble Lord's inquiry,
he should only say, that the Noble Lord, who was Secre-
tary of State for the Colonial Department, saw no reason
which could induce him to consider any of the charges
brought for ward against Lord C. S-inerset,which wentin
the slightest degree to inculpate his character as a man
of honour and a Gentleman, as proved. Thus much he
thought himself entitled to express, as the opinion of
his Majesty's Government on the subject. It was not
necessary, neither was it his intention, to go further into
the details connected with the case on the present oc-
casion. Under all ;be circumstances, he put it to Hon.
Members to say, whether they did not consider that,
when charges had been made but not substantiated,
when opportunities were presented for following them
up and neglected, it would be equally unfair and un-
just to Lord C. Somerset to allow accusations of such
a nature to hangover his head is an unsettled state,
and for an indefinite period—(Hear, hear, hear). The
Right Hon. Gentleman concluded by declaring bis opi-
nion, that if such were to be the case, an act of glaring
and substantive injustice would be done to the Noble
Individual most deeply interested in the subject then
before the House. _

Mr. HUME vindicated the parties wile had accused
Lord Charles Somerset against the charge of conspi-
racy brought forward by the Noble Lord who opened
the debate. No individuals could be more completely
detached from each other, or have acted with less con-
cert, than those by whom the accusations were preferred.
Each bad come forward with his own separate griev-
ance, and if the complaints were numerous, it was
because all classes joined in complaining. He regretted
that the Honourable Member for Arundel bad not
brought forward his promised motion. He did not con-
sider the _Noble Lord to %tend acquitted of the charges
which had been preferred, because it happened that they
were not pressed. He was quite ready to give the Noble
Lord who spoke early in the debate, credit for fair
and manly intentions; and had no doubt that that
Noble individual would concur with him in thinking
that an inquiry ought to be instituted early in the nest
Session of Parliament ; an inquiry which he (Mr. H.)
wished to be extended not only to the administration of
our colonies abroad, but to the Colonial Department at
home. He had handed to the Right Hon. Secretary
opposite, a list of nine reports which he wished to be
laid upon the table, in order that if any Hon. Member
should find time to take up the subject, the inquiry
might be facilitated by the information which tl-ey
might be expected to communicate. For hiMself, he
had not time to enter into the investigation, which,
otherwise, he should be happy to undertake. He trusted
the Right Hon. Gentleman would feel no difficulty in
complying with Nis request.
A biome, whose name could not be learnt, stated, that he
had examined the documents connected with this case, and was
fully sathfied that the charges brought against Lord C. Somerset
were without foundation.
Mr. F. PALMER had seen a letter addressed to Sir
Rufane Donkin, and signed by Mr. Wilmot-Horton, in
which it was stated, that Earl Bathurst did not wish the
gallant General to proceed with his charges against
Lord Charles Somerset, on the ground of later informa-
tion being ell:l:Tied from the Cape. Sir R. Donkin had
been two ye.rs Governor at the Cape, and for his con-
duct during that period, had received the thanks of the
Noble Lord late at the head of the Colonial Department.
He had also been addressed by the Local Authorities,
and their address had, at least, the merit of seniority to
recommend it, for it was conveyed to him, not when he
was in power, but at a time when he was out of
place. The Gallant General had introduced various
improvements into the Administration of the affairs of
the clony, the expenditure of which he reduced very
considerably. Within two years of Sir Rufane Donkin's
departure, that expenditure was greatly increased. The
Hon. Gentleman proceeded to say, that because one
charge had tinned out to be totally false, there was no
reason why Lord Charles Somerset should be acquitted
f the others. He comp:ained that he h 441 seen only
one report on the s..bpct of the Cape, notwithstanding
he understood that there should have been nine. Tire
Report which he had seen contained heavy charges
against L-rri Charles. Was he, therefore, to suppose
that the other eight would acquit him? Ot this he was
sati•fie..l. that the people of England " ould never acquit
[ the Noble Lord, until he was proved to be innocent by

the result of a satisfactory inquiry. He regretted as areeh
as any one that the Hon. Member fdr Arundel had Rat
brought forward his promised motion ;perhaps difficidtko
bad been thrown in his way ; for so long as there was any
prospect of Lord C. Somerset's return to the Cape,
people would not come forward with the information
necessary to convict him. He concurred with the Hon.
Member for Aberdeen, in calling on the Right Hon.
Secretary opposite to produce the remainder of the Re-
ports on this subject, and thus enable Hon. Members 11
to become thoroughly acquainted with its details pre-',
•ious to the next Session of Parliament.

Mr. W. HORTON observed, in answer to what had
fallen from the Hon. Member for Reading, that the case
as between Sir Rufane Donkin and the Colonial Office,
stood thus ;—Sir R. Donkin made certain represepta-
tions to his Noble Friend late at the head of the Colonial
department, with respect to the conduct of Lord C. So-
merset, and stated that he could make disclosures which
would cover him with ruin; in reply to which a com-
munication was sent to the gallant Gen. calling upon him
to bring forward charges against the Governor of the
Cape of Good Hope. To this Sirß. Donkin answered, that
he had never expressed any intention to bring any
charges against Lord C. Somerset. The Colonial Office
met this by saying, u your allegations, in effect, amount
to charges against him; but the gallant Officer per—
severed in declaring he intended to adduce no charges
whatever. Under these circumstances, and as Sir R.
Donkin had not not actually made use of the word
" charge," the Colonial Department, finding him dis-
posed, and apparently anxious to retract his apparent
pledge as an Accuser, did (whether wisely or not, was
another olnestion), permit him to do so; and he was,
consequently told, in a communication to which, no
doubt the Honourable Member for Reading referred.'
that, as he had distinctly stated that he did not mean to
bring forward charges, he would not be any longer'
called upon to do so ;'hut the Colonial Department bad
taken care to acquire information upon all the points'
referred to by the gallant General—(Hear, hear).—On
many, perhaps most of the points referred to by Sir
Rufane Makin, Hon. Members would find the fullest
and most satisfactory information in the papers which
had been laid on the table of the House. To these
papers he begged to direct their attention. Having, as
he trusted, satisfactorily explained the statement of lb*
Hon. Member for Reading, he should now allude to a
request made by the Hon. Member for Aberdeen, with
respect to the production of Reports: He must first,
apprize the Hon. Member of the fact, that on some of 'I
the subjects relative to which he required information,
there were no reports; and with respect to others, he
did not think his Majesty's Government called on to lay
all sorts of reports and proceedings on the table of the
House; at least they could only be required to do so
after due notice, and in a regular manner. All he
should add was, that, in the present instance, he saw no-
thing to induce him to depart from the usage established
in cases of this nature, and accordingly was not pre-
pared to lay all reports on the table, without grounds
being laid for their production ; but he should be ready
at all times to justify any part of the conduct of the Co.
lonial Department upon the subject, whenever it might
be called in question.
Mr. BARING hoped the House would permit Min to
say a few words on the extraordinary position in which
this subject was left, and by which equal injustice was
done to the Noble Lord and the inhabitants of the co•
long over which he had presided. Under all the cir-
cumstances, he could not but censure the Hon. Member
for Arundel for retracting charges of so grave a nature,
without assigning any adequate reason. He had looked
very little into the case, but felt it impossible not to
consider Lord C. Somerset as acquitted from all the
foul aspersions of personal corruption which had been
cast on him. Notice having been given of a specific mo-
tion for the purpose of establishing the accusations—A
Petitions hom different quarters, and containing the se-
verest allegations, having been presented—and no man
now appearing to support the charges—he repeated, he
must consider the Noble Lord as fully entitled to an ac-
quittal. The persons whose Petition he had presented to
the House, on a former occasion, did not bring forward
any personal charge against Lord Charles, they merely
complained of misgovernment--a point which, after all,
was matter of opinion. For his own part, be believed
that the Noble Lord's Government had been unfortunate
for ti.e colony, and that its termination was desirable.
Lord F. L. GOWER, without entering deeply into
the subject, considered that them were some of the
accusations brought against the Noble Lord, on which
every Gentleman was competent to decide; and ex•
pressed his belief that all the charges, imputing personal
corruption or dishonour to that Nobleman were totally
groundless.—The Papers ordered to lie on the table.