Star. — 1820-07-12 (London, England)

BENNF.TT presented a Petition from John Drake, complaining of certain hardships imposed upon him by the Governor of New South Wales, and praying for relief. The Petitioner had been the Captain of a vessel employed in taking nut convicts to. New South Wales. Upon a late occasion, while taking out a number of convicts from Cork, he was obliged to ire upon them in his own defence, in consequence of their haver ing mutinied, and threatened to seize the ship. Twelve of the convicts were killed, and thirteen wounded. Upon his arrival at New South Wales, Governor Macquarrie, at the suggestion of his Secretary, had hint apprehended, and sent home to account for his conduct. Three of the convicts were sent to England at the same time, to appear as witnesses against him upon his trial. The Judges, however, had seen no ground of charge against him; and the prosecution consequently failed. It would be sufficient, to account for the character of the witnesses, to say, that one of them bad since been hanged, and the two others trans. ported. The Petitioner did not complain of the Government at home, but he complained bitterly of Governor Macquarrie, who' had treated him with the greatest severity, and prevented his getting the certificate which would entitle him to the allowance usually granted topersons in his capacity. This conduct on the part of the Governor had rendered the present application necessary, and the Petitioner trusted that the House would eatend tfi him such relief as to their judgment should seem meet. Mr. WYNN thought that the Petition could mein received, as it contained an allegation, stating the claims of the Petitioner  to pecuniary remuneration. Mr. GOULBURN said, that it was perfectly true that the Petitioner had commanded a convict ship. In the course of the vflyage, circumstances occurred that had caused the guards to fire on the convicts, and that not merely once, but on two or three occasions. In consequence of this, by the time the ship had concluded her voyage, there had been twelve convicts killed, and thirteen wounded, besides two sailors. The Governor then, very properly, caused an inquiry to be set on foot, and the decision finally come to was not founded, as the Petitioner supposed, on the evidence of convicts, but on the evidence of convicts and sailors. A fairer course could not have been taken; and the Honourable Gentleman, placed in such a situation himself, could not have come to any other decision than that which had been taken. It was complained, that the Petitioner had not received a sum oc money which was usually given to those who landed their convicts in good order. Did the Honourable Gentleman think, that because the Captain was acqtfitted of murder, that it followed, as a matter of course, that be must have landed those entrusted to his care in good order? He might be quite innocent of the murder, and yet not entitled to the reward. It might, for instance, appear that the disorders which had occurred had in the first instance been created by his own improper conduct, by denying the prisoners the customary recreations, or withholding the usual allowances. Mr. BEN NEIT reminded the House, that the Judge had thought it unnecessary to go into the &fence, conceiving that , there was not a tittle of evidence against him. The SPEAKER said, that the Petition could not be objected to, as informal, if it was the opinion of the House that the usual allowance had been withheld from the Petitioner in consequence I of baying been refused the necessary certificate. Au allegation of this nature'would form a ground of charge. of which it was ' competent to the Petitioner to complain. Lord CASTLEREAGH had no objection that the most favourable construction should be put upon the Petition: Mr. WY NN was of opinion, that the subject ought rather to be referred to a Court of Law than to Parliament. He was decidedly opposed to charges being brought against the Governors of Colonies, unless they could be satisfactorily proved, which did not appear to be the case in the present instance. Lord CASTLEREAGH though disposed to put the most favourable construction on the Petition, yet concurred entirely with the Honourable Member who spoke last, as to the improprietiof making allegations against persons holding responsible situations, unless they could be duly authenticated. After a few words from Mr. Liaantm, the Petition was read, and ordered tp lie on the table.