Dtbates anb Vrocerbinns in iglarliament.
BRIBERY.
When the report on the Bribery at Elections (No. 2) Bill was taken into further consideration, on Monday, Mr. HAWES, in the absence of Mr. Charles Buller, moved additional clauses, declaring that treating (" expenses incurred for any meat, drink, entertainment, or provision " ) "before, during, or after the election," "for the purpose of corruptly influencing" a voter, should disqualify the treating candidate from sitting for the place in the same Parliament ; and declaring that "The payment or gift of any sum of money, or other valuable consideration whatsoever, to any voter, before, during, or after any election, or to any person on his behalf, or to any person related to him by kindred or affinity, and which shall be so paid or given on account of such voter having voted, or having re- frained from voting, or being about to vote or refrain from voting, or being qualified to vote at the said election, whether the same shall have been paid or given under the name of head-money or any other name whatsoever, and whether such payment shall have been in compliance with any usage or practice or not, shall be deemed bribery."
The clauses were agreed to.
POLICE INTERFERENCE AT PUBLIC MEETINGS.
Mr. Tnomes BUNCOMBE recurred, on Monday, to the case of Dr. M'Douall, who had been seized daring a public meeting at Deptford on Tuesday week. Mr. Duncombe represented Dr. M'Douall (on the autho- rity of the gentleman himself) as exerting himself to keep the people quiet, and offering to disperse the multitude. Nevertheless, he was forcibly seized ; bail for his appearance was refused at the Stationhouse ; he was locked up till eleven o'clock next day in a small cell with an unglazed window, and nothing but the most offensive accommodation ; and after the Magistrate before whom he was taken ordered that he should have a copy of the charge, Police-Superintendent Mallalieu refused it. So flagrant a violation of the liberties of the subject had not occurred since the days of Castlereagh and the passing of the Six Acts. Mr. Duncombe moved that Dr. M'Douall's petition on the sub- ject be referred to a Select Committee. Sir JAMES GRAHAM explained to the ...ottani, Tye • tite we* ti ' e ng in the
tie Co
2 watts a con- Broadway at Deptford, at which Dr. M'Dollad Nike: tinuation of the very riotous meeting whichkgeting
laws; women fainting in the tumult, and the Police Trustees of the chapel to clear the building. When Dr.
The Chartists had made an incursion on a vre to Lill Cleared, he whoudiesiled in by th
found that it
was the intention of the Trustees and the Police to have ..h.r.Pe declared that it was his intention to hold the meeting in a?. • Ulm
this announcement being made, multitudes followed him in Peat ex-
citement. Dr. M'Douall then addressed the multitude. Ti ",;.5''' ' alarm was excited in the neighbourhood. A great crowd of perso: g:114d the
whole of the turnpike-road, causing a complete obstruction o. _
At this time evening advanced, and the meeting became more Lamultuous. The language of Dr. M'Douall was exceedingly violent. The Superintendent of the Police suggested that the meeting should disperse, and recommended Dr. AI-Douai' to address the meeting to that effect. He refused to do so. The Superintendent of the Police said, that if Dr. M'Douall would disperse the meeting, the Superintendent would procure him a safe passage through the crowd. He refused compliance ; and it Was not until then that the Police attempted to arrest him. When this was effected, a violent attempt was made to capture him from the Police. Blows were exchanged, other individuals were arrested, and Dr. M'Douall was carried to the Stationhouse. The Doctor was charged with having caused a number of persons to assemble, and with address- ing to them exciting language calculated to disturb the public peace. When Jeremie, the Magistrate, said that he should only take bail for Dr. M'Douall's keeping the peace instead of committing him for trial, he thanked the Magistrate for his leniency. Sir James observed, that Mr. Duncombe seemed to imply that there was something novel in the course that had been taken— He most distinctly stated, that no new or additional powers had been in- vested in the Constables ; no change had been made on the part of the Govern- ment with reference to the authority exercised by the Constabulary force. If a Constable was guilty of an illegal act, the law was sufficiently strong to punish the offence ; it was not the part of that House to interfere in such cases. The honourable Member for Finsbury said that the Police ought to be closely watched : be did not deny that it was necessary to exercise such vigilance : the discussion which was then going on with regard to the conduct of the Police force clearly proved that the actions of the Executive Government were scrutinized with a jealous eye. It was difficult to lay down general rules for the conduct of Constables in particular cases. The right of the Constable to interfere at public meetings was an extreme right, which ought to be exercised with the utmost caution. Previously to the holding of public meetings, it was the undoubted duty of those who were charged with the maintenance of the public peace to do all in their power, by the adoption of every possible precau- tion, to prevent any species of disturbance; but if their precautions proved ineffectual, or time did not allow of any precautions whatever being taken, then be did conceive that it was the duty of a Constable to take summary measures.
Mr. O'CONNELL supported the motion.
Mr. HAWES contended, that the Police should quietly have endea- voured to cause those who actually obstructed the public thoroughfare to move— It was well known that the majority of the great public meetings held in the Metropolis were held on or very near highways : those, for example, in Palace Yard, the Regent's Park, Kennington Common, Covent Garden, outside the Town-hall in Southwark,—all those were in public thoroughfares; but they had not yet been dispersed by the Police. It might be very convenient for a highflying Tory Government to put down such meetings on some such pre- text as the present ; but if such things were to be tolerated, the next thing would be a revival of the Six Acts.
The ATTORNEY-GENERAL contended that there was no ground for inquiry. The meeting did not appear to have been in any respect legally constituted : it was not a meeting to petition Parliament. If Dr. M'Douall felt aggrieved, the law was open to him for a remedy ; but any expression of opinion by the House would only anticipate the ver- dict of a jury. Mr. SHELL remarked, that in the Staffordshire case, recently before the House, they were told that neither the Government nor the House ought to interfere, because the case had been before a Jury at Quarter- sessions, and the decision of the Judge and Jury must not be disturbed: the same refusal was now given when there was no such decision. One of the persons who offered to be surety for Dr. M'Douall was a Trustee of the chapel. Some of the witnesses in the Police-court denied that there was any riot ; and if there had been, the Riot Act ought to have been read.
The SOLICITOR-GENERAL contended, that that formal preliminary to the dispersion of an unlawful assemblage by the Police and military was not called for in the case, although the disposition of the meeting was clearly riotous.
Lord PALMERSTON thought that in this case the Police had exceeded their duty, and especially at this moment, when Parliament was going to be prorogued for a long recess, during which it was likely that meet- ings of this sort might be held. (" Oh, oh!") Sir ROBERT PEEL insisted that the proper tribunal to try the pro- priety of the Constable's conduct was the court of law : an action might be commenced for false imprisonment, or for refusing bail— Suppose the House should, on the report of a Committee (not hearing evi- dence, mark, on oath,) be of opinion that the Constable acted illegally, and that a court of law should decide the reverse—which of these decisions would be re- ceived as the rule of law in the country? Why, of course, that of the court of law. Why not, then, appeal to the ordinary tribunals of the land, in which the judgment of the highest legal authorities, upon evidence taken on oath, may be easily obtained ? He would not take upon himself to decide whether or not the Constable was justified or not by the circumstances of the case- " Was it mere commotion ? was it mere excitement ? were there not blows struck—benches torn up—violence actually committed? It would have been, of course, far different had there been merely expressions of dissent from rival bodies of Chartists and Anti-Corn-law agitators, or any thing of that sort. (Laughter.) That takes place in the House of Commons, where there occur very often scenes of considerable excitement '—(Laughter); but if Members began to level blows at each other, and pull up the benches, would it not strongly resemble a riot? To be sure, some Member called the disturbance a squabble. [Mr. O'Connell—" A scuffle."] Why, some people have been known to speak of the Rebellion of 1798 as a "hurry." (Laughter.) Ides., differ as to rioting ; and I will not take upon myself to declare definitively whe- ther, when this officer had heard of the former proceedings in the chapel—wheu he had heard that the religious character of the building had not restrained the populace, and that there was much less chance, of course, of any restraint out of doors—when he heard cries of Kill the Police 1 ' and other.'out- cries, and observed all the indications of approaching riot—I w. ca all this, take on myself dal .tively to declare whether he was fully justified in the course he adopted, und a the heavy responsibility which necessarily attends all the acts of Constabulary officers. But there is no reason whatever for dis- turbing the ordinary coarse of justice, and for removing to this House an adju- dication naturally and properly belonging to the courts of law."
The motion was rejected, by 89 to 30.
Mr. Tnoates DT:mew= recurred, on Thursday, to the trial of the Sedgley rioters ; condemning the doctrine in which Sir James Graham, Mr. Wenslow tie Magistrate at Birmingham, Beman the Constable, Mal- 'alien the Police-Superintendent, and Mr. Jeremy the Greenwich Police Magistrate concurred, that a Policeman could decide on the legality of a public meeting. If that doctrine were correct, no public meeting could be held daring the ensuing winter; when, from the extreme dis- tress which prevailed, it might be expected that the people would as- semble to discuss their sufferings. He moved an address to the Crown, praying that the Queen would be pleased to take into merciful considera- tion the ease of John Mason and seven working-men confined in Stafford Gaol, with a view to their immediate discharge.
Sir JAMES Gamiest reiterated his objection to making the House an appeal court from the courts of law. The whole question hinged upon the fact, whether the meeting which was interrupted by Policeman Beman was legal or not ; and that had been decided in a perfectly re- gular manner by a jury. He objected also to the interference with the prerogative of the Crown. Mason was a hired lecturer, who had gone into Staffordshire among a people who were in a state of great excite- ment, and had used language calculated to exasperate them.
Mr. HAWES repeated Mr. Duncombe's protest against Sir James Graham's doctrine. Mr. Hum applauded the employment of paid lecturers to instruct the ignorant. Mr. CHARLES VILLIERS said that Mr. Mason was a resident in Wolverhampton, where he was much respected. He was an enthusiast, and not always discreet in his lan- guage; but after all, there was not so much said by him, nor any thing so violent, as at meetings elsewhere, and even by honourable Members both in and out of the House. Mr. H. G. WARD bore testimony to that fact. Mr. REDHEAD YORKE said he would repeat the very words used by the prisoners, at the first meeting that he attended. He under- stood that the Magistrate had proposed as a compromise, that if they pleaded guilty they should have no punishment, or a very slight one.
On a division, the motion was rejected, by 53 to 30.
RIBANDISM AND SPIES DI IRELAND.
Mr. SHELL drew attention, on Monday, to the evidence of Hagan, an approver in the trial of persons convicted of Ribandism at the last .Armagh Assizes- " I made Ribandmen by the hundreds. The Police knew that was the busi- ness I went on. I was out' from September till February. I did not expect to be wanted by the Police till about Patrick's Day—till the Assizes time. When I returned, I told them about the meetings. By the word ' them,' I mean Mr. Fawcett, Provost of Sligo, and the Magistrates. While I was out of gaol, I concocted about sixty-six Riband papers, and scattered them about u well as I could. The Magistrates knew all this. During the time I wrote several letters to people, and got answers. I took the oath of the Society once, twice, thrice, four times—ay, fourteen times : I had no further to go, or I would have sworn more. I am this moment breaking them all. I get my support from the Government. My conscience stretches sometimes. Dialing the six months I was out, I was as busy as ever at the old trade.'"
He asked for an explanation on the subject.
Lord Ezzar was aware that four persons were convicted of Riband- ism at the last Armagh Assizes, and that an approver named Hagan had been in confinement for some time previously ; but he was not aware that he had been liberated on bail, and still less that he had been em- ployed in entrapping persons into joining a Riband Society. He be- lieved that crimes which arose out of a secret society could only be proved by the evidence of an approver: but he must express his opi- nion that the employment of approvers for the purpose of entrapping persons would be an unjustifiable proceeding. He had written to Ire- land for more accurate information.
COPYRIGHT OF DESIGNS.
When Mr. GLADSTONE moved, on Tuesday, that the report on the Copyright of Designs Bill be brought up, Mr. WrIJ vAm WiLisams moved that the bill be recommitted, in order to consider many amend- ments which he had to propose. The further progress of the bill was opposed by Mr. HEATHCOAT, Mr. ELLICE, Mr. HOME, and Mr. MARK PirriaPs. Dr. BOWRING, who also opposed the measure, thought the example of France should be followed, and that such questions should be referred to a committee of manufacturers and artisans. Mr. MARK PHILIPS corrected a statement which he had previously made, that 2,000/. had been subscribed by the calico-printing trade to assist Mr. Emerson Tennent in his election for Belfast : Mr. Philips had re- ceived a letter from Mr. Henry, through whose hands it was said the money had been paid, altogether denying the fact- Mr. GLADSTONE reminded the House that the measure had been under consideration for several years ; and he said that it had been considered and ap- proved of by a majority of the trade. After a short discussion, the House divided ; and the original motion was carried, by 73 to 14.
Mr. Wiraxtras moved an amendment on clause 2d, giving the ad- judication on disputes respecting the originality of designs to two Ma- gistrates, without appeal to the Courts of Chancery or the Courts of Law ; but the amendment was withdrawn. In the course of the short conversation on it, Mr. MORRISON declared his approval of the bill. Another amendment by Mr. WILLIAMS, to reduce the term of copyright for certain articles from nine to three months, was rejected, by 78 to 13; and other amendments in the same sense were rejected without dividing.
CHURCH PROPERTY.
In the House of Commons, on Monday, on the order of the day for the further consideration of the Ecclesiastical Corporations Leasing (No. 2) Bill, Mr. VERNON SMITH stated in detail several objections to the measure ; the sum of which was, that it did not accord with the re- commendations of a Select Committee on the subject in 1837, and that the bill would give to ecclesiastical corporations the improved value in Church property, without power to alter that disposition by any future bill; whereas Mr. Smith would devote the additional proceeds to objects of church-extension. Sir JAMES GRAHAM stated, that bargains under the bill would be submitted tO the Ecclesiastical Commissioners, (in- stead of the Governors of Queen Anne's Bounty, as at first intended,) and the Archbishop and Bishop of the diocese. He entertained the strongest opinion, that until all the legitimate means of the Church for Church purposes should be exhausted, the 'region did not fairly arise that the State should be called on to contribute to it. But there was nothing in the bill inconsistent with that object— It got rid of leases for lives ; it got rid of fines upon renewal ; it held out strong inducements, not by direct enactments, but by the inducements of com- mon Interest, to substitute leases for ninety-nine years in lieu of leases for lives and renewals upon fine. There was nothing inconsistent with the public in- terest in that. As the bill stood, the incumbents of corporations sole had the prospective advantage of the augmentation of value : as such incumbencies were chiefly in large towns, and they might become greatly over-endowed, he had framed a clause, with the consent of the heads of the Church, enacting that, where the population exceeds 2,000, the increase of emoluments shall not exceed 600/. ; where the population exceeds 1,000, the increase of emoluments shall not exceed 5001.- and under 500 the increase shall not exceed 300/. In the case of sinecure Rectors, other than Deans of Chapters, the whole increase would go to the general fund at the disposal of the Commissioners.
Mr. VERNON SMITH did not press his motion. The bill Was recom- mitted, and amendments were made by Sir JAMES GRAHAM.
NEWFOUNDLAND BILL.
In the House of Commons, on Saturday, on the motion for going into Committee on the Newfoundland Bill, Mr. ()Toxic= opposed the motion, with an amendment. He denied that the present state of the colony showed any necessity for the measure ; quoting in proof the opinion of Sir John Harvey, in a despatch dated 6th October 1841—
" 1. The inhabitants of Newfoundland,' said Sir John, "appear to be an. feignedly loyal and firmly attached to British connexion. No material degree of political excitement appears at present anywhere to exist, but on the con- trary, an apparent approximation towards a general disposition to bury past occurrences in oblivion. The trade of the colony is flourishing ; its revenues ample and increasing ; the fisheries of the present year, both of seals and cod- fish, have been highly successful. 2. The apparent suspension of their repre- sentative constitution, so recently conferred upon them, upon the ground of their gross abuse of the elective franchise, has evidently created much appre- hension in the public mind; and has, I am willing to believe, produced such a moral effect as would exert a salutary influence in repressing any undue violence in future elections, is the event of her Majesty's Government deciding on au- thorizing me to convene another Assembly. That there are persons of both intelligence and experience in this community who may entertain doubts on this subject, I think very probable ; but I cannot allow myself to believe that any intelligent individual in this island would be found favourable to the ex- tinction, or even to the suspension for any lengthened period, of those benefits which a representative constitution can alone confer upon its inhabitants, and this merely because, during the first few years of the experiment, it has not been found to work with that degree of harmony which is so desirable, but which has not always been exhibited in other colonies after a much longer trial. To some of the causes to which these discordant proceedings may be imputed
I may hereafter advert ; at present I will merely observe, that all parties are, I hope and believe, convinced that moderation in their measures and proceedings will best accord with their true interests; and all—every individual of every creed, party, and denomination who has approached me, and with whom I have held communication, has expressed an anxious desire that its constitution should be restored to the island, with certain modifications."
Mr. O'Connell warned the House against trusting too much to their power to crush the people of Newfoundland, and bade them remember that the French had still a strong interest in the island. In a despatch to Sir John Harvey, Lord Stanley had attributed the animosities of elections mainly to the interference of the Roman Catholic priesthood ; which Mr. O'Connell took to show that Government acted in hostility to the Catholics. He quoted a letter to himself from the Catholic Bishop of the island, stating that a deputation had obtained a promise from Lord John Russell that no measure should be be mooted with respect to Newfoundland without a fair and sufficient notification being made to the people of the colony, to enable them to adopt the necessary means of defending their constitution. Faith had not been kept with the colony. It was proposed to destroy the two Houses of the Legislature, and to amalgamate them into one : rather return to the old despotism. The next alteration was an increase in the qualification— Sir John Harvey recommended the increase in the qualification, and he (Mr. O'Connell) was not adverse to it. The colonists themselves were willing to increase the qualification, but this bill proposed to take the matter out of their hands. He protested against thus taking the legislation upon this subject from the inhabitants of the colony. He objected also to the change proposed to be made in the qualification of voters; which was to be raised to a 5/. franchise for the town-districts, and a 40*. freehold with an occupation of two years. He contended that such an alteration would disfranchise a very large propor- tion of the inhabitants, and whom Sir John Harvey considered as the most valuable part of the community. Sir John Harvey said, in a despatch dated January 10th, 1842—" I am of opinion, that to require any rent qualifi- cation whatever, or any property one, beyond perhaps the lowest value of a log-hut (say 40s.)—and that, in fact, can scarcely be regarded as the property of the squatter, from being erected on ground to which he can have acquired no other title than such as an unauthorized occupancy may be considered con- ferring upon him—would operate a very extensive disfranchisement in the country-districts, without at all improving, or indeed materially changing the description of voters ; and with regard to the towns, the qualifications being already restricted by an act of the Local Legislature to one person in each house, namely, him by whom the rent is paid, no further provision would appear to be required upon this subject." Sir John Harvey solicited the opinions of five "highly respectable individuals in the colony"; - and they all agreed that the effect of raking the franchise would be the disfranchisement of many voters."
The "much-maligned House," said the Bishop, had never refused the supplies demanded by the Executive ; and why did not Lord Stanley call another Executive, as Sir John Harvey had recommended, and see if that would not make every necessary alteration in the constitution ? It had been objected, that there was one person in the Assembly who could not write, and two who were in menial situations—
Had those persons been elected by the Popular party ? No; they had been elected by the Mercantile party, to bring the Assembly into contempt. In 1836 the elections placed the Anti-Constitutional party in a minority ; and the Government declared those writs .void, because a little bit of wax had not
been attached to them. At the new election, four mercantile men were elected;
they refused to serve, and these persons were elected in their stead ; so that the anti-constitutional party first elect improper persons, and then turn round and
say, "Look at the improper persons who are elected under thiseonstitution." Could any thing be so gross or so inconsistent as this ? The writer of a letter which he had received said, it is a singular circumstance that all the persons
who were complained of as being unfit members were returned by Protestant districts.
Mr. O'Connell concluded by moving that the bill be committed that day three months.
Lord STANLEY said, that Mr. O'Connell had given to the bill a cha- racter which did not belong to it, and had assigned motives to the Go- vernment which they were far from entertaining. The late Govern- ment bad determined, in consequence of the violences committed at the last elections, not again to convene the House of Assembly ; and this bill was intended to replace it by a modified representation. He wished to avoid religious topics ; but, though be would throw no blame on the Roman Catholics as a body, he must say, a considerable number of their priesthood had evinced a description of activity at the elections which greatly scandalized respectable colonists of their own faith, of whom there were many. It was a mistake to imagine that the RomanCatholics composed a majority in Newfoundland.
lie believed that the population was pretty equally balanced. Two years ago the Roman Catholics in the island amounted to 37,000; the members of the Established Church to 26,000 or 28,000; and the remainder of the popula- tion, amounting to 10,000 or 11,000, consisted of Presbyterians and other reli- gious bodies. Now there had been but one appointment in Newfoundland under the Governorship of Sir John Harvey, and that appointment had been given to a Roman Catholic.
Government had no view of making religions distinctions in intro- ducing the bill—
What did he propose ? He proposed to unite the Legislative Council and the House of Assembly ; to raise the qualification of members ; to raise the qualification of electors ; to reserve to the Crown the originating of money- votes ; and that the Executive and Legislative Councils should be se- parate. And, so far from that being at variance with the opinion of Sir John Harvey, as stated by the right honourable gentleman, it was exactly in correspondence with a despatch which he had received from him, dated the 21st of September. He did not mean his proposal to be a punishment of the Legislative Assembly, but to enable them to legislate without coming Into collision with the other House, as had been the case heretofore. The right honourable gentleman said that the two Houses were made into one for the purpose of swamping the Legislative Assembly : but he should like to know how ten Government nominees could swamp fifteen elective members, this being the proportion in which the new Legislature was to be composed. The Assembly was now principally composed of parties unknown in the upper classes of society. The members were each allowed 421. a year ; and it appeared among other strange facts, that a servant was permitted by his master to take his place among the representatives of the people in the Legislative Ass, ibly, while lie and his master divided the 42/. between them.
HUME asked, in whose evidence that appeared ?
Lord STANLEY said, that he made the statement on the authority of Mr. Brooking, one of the leading gentlemen of Newfoundland.
Mr. O'Costam. said, that the firm of Mr. Brooking had got that very person returned.
Lord STANLEY only mentioned the fact for the purpose of showing the abuses to which the present system of representation in the colony gave rise— What he wanted wail, to insure the franchise to persons who had a permanent interest in the soil. The honourable gentleman asked him to postpone the bill. Now the present state of the colony was this, that upon the importation of goods the parties were compelled to give a bond, binding themselves to sub- snit to any duties to be imposed by a bill to be passed of a retrospective nature. That was the condition of the colony at present. He (Lord Stanley) had re- ceived a letter that morning stating that the colony was placed in great diffi- culty from want of this bill.
Mr. HUME contravened Lord Stanley's statistics—
The population consisted in reality of 70,000 Catholic residents and 30,000 resident Protestants. Out of this population, there were only two Catholic Stipendiary Magistrates, whilst there were fifteen Protestant Stipendiary Ma- gistrates: the whole of the clerks in the employ of the Government were Pro- testants.
Mr. Home contended, that Newfoundland was entitled to be heard by counsel, as Jamaica and Canada had been— They would not disfranchise the borough of Sudbury, which had only 7,000 or 8,000 inhabitants, without first hearing an advocate on their behalf: the case of Sudbury was put off for that purpose to the next session; and how could they reconcile it to justice to legislate on the case of Newfoundland, which .possessed a population of 100,000, without hearing what they had to say on thew own cause ?
The effect of the bill would be to transfer the representation from the inhabitants of Newfoundland to the merchants of London, Liver- pool, Bristol, and Dartmouth. With regard to menial servants being elected, he denied that such was the case, unless a clerk in a merchant's counting-house could be deemed a menial servant. The members of Assembly in Newfoundland have been paid by wages, and he wished the same course were pursued in England. On the motion of Mr. PAKINGTON, the debate was adjourned.
The debate was resumed on Wednesday, by Mr. PANINGTON ; who supported the bill as absolutely necessary.
Mr. CHARLES BILLER Opposed it- ile could not disguise from himself this fact, that the House were proceeding on mere es park statements; and he was persuaded that, had the Newfound- land Assembly an opportunity of being heard at the bar of the House, they would be able to make out a strong case in opposition to this measure; which it was hardly just to press thus without giving them any such opportunity of defence. The current of public feeling must necessarily be on this occasion with the Assembly. ; which had only adopted, in reference to the grossest breaches of its privileges, the natural and justifiable course. Without, how- ever, entering into the discussion of questions which could not be agreeable, the fact was indubitable, that somehow or other the Newfoundland constitution had not worked well: and there was the greatest difficulty possible in solving the problem of what would be a good form of government for colonies similarly situated, where there were, on the one hand, a lower order of people exceedingly turbulent, and disposed to settle disputes by bludgeons, and on the other hand, a sort of imitation of the Peerage at home, but s very bad imitation, those pos- sessed of any distinction in these colonies being disposed to push their pre- tensions to an extent to which the more stable aristocracy of older countries would be ashamed to press them. Abstractedly, then, he should not have ob- jected to an alteration in the constitution of the colony; but he thought the alterations proposed far too violent. The combination of the Leg islative Chambers into one he approved; but he considered the proportion of Crown Members (though they were certainly the most intelligent) far too great as ten to fifteen, seeing that the Government would only have to gain over three members to override the People's Representatives. The raising the qualification • of voters he thought highly inexpedient : it was by no means certain that this would secure the sort of electors they desired, at the Bam ! time it would have the offensive appearance of narrowing the franchise. The rioting, which was in these colonies incidental to elections, would by no means be put down by this measure: people wanted not to be registered to riot and break heads ; on the contrary, the attempt at excluding people from t1k franchise would give the riotings a more dangerous character, as partaking of an insurrectionary spirit. The influence of the Popish priests (the real difficulty) would not be diminished by the bill, while they would be irritated by the apparent attempt to put them down.
Sir HOWARD DOUGLAS bad always maintained that it was a great mistake to confer the constitution of 1832 ; but he thought it dangerous to combine the Aristocratic and the Democratic in one chamber. Taking, however, the whole circumstances together, he felt bound to support the bill.
Mr. VERNON &arra reminded Sir Howard, that the Earl of Ripon was the person responsible for the measure of 1832. It would have been more satisfactory if Lord Stanley had embodied Sir John Harvey's own recommendations in a bill— Sir John Harvey recommended a higher qualification for members of As- sembly, a subdivision of the' electoral district, and an increase in the number of members to double the present number. From this last recommendation, however, Sir John Harvey bad since !weeded, owing to the difficulty of finding a sufficient number of persons qualified to be members. The other recommenda- tions of Sir John Harvey were, that the elections should; be simultaneous, and that some test should be resorted to with regard to the residence of voters. He could not find any thing in Sir John Harvey's despatch to justify the altera- tion in the qualification of voters. To the provision for making money- grants originate with the Crown Mr. Smith was decidedly favourable.
Mr. Pzur.ro HOWARD opposed the bill, on the ground that the people of Newfoundland ought to be heard by counsel at the bar before such a measure was passed. Lord STANLEY said, that he was quite sensible of the inconvenience of making the union a permanent measure— He had adopted the measure in accordance with the recommendation of the Governor of the colony ; who stated that be hoped, by the union of the Legis- lative Council and the House of Assembly, a settlement of all the dissensions in the colony might be effected; and it was also his distinct opinion that the circumstances of the colony did not require the existence at this moment of a separate House of Assembly. There was, however, a clause in the bill ex- pressly reserving to the Crown the power to reestablish the Legislative Coun- cil as a separate body : it was not the intention of this measure to unite the two bodies permanently.
He promised another concession—
It was his intention in Committee to propose an alteration in the clause, which should substitute for the word "freehold" the words "any other lands or tenements of the annual value of 40.., and the occupation of any house of the value of 5/." This, he thought, would be an improvement upon the present franchise. It would exclude a small portion of the voters, but that portion the most dependent, without materially injuring the existing franchise. Be bad no objection in Committee to expunge the franchise clause, except that portion which required two years' residence before the election.
Mr. LABOUCHERE regretted that no opportunity had been afforded to the colonists to be heard at the bar of the House : but after these concessions, sod looking at the difficulties that surrounded them, he did not see any useful purpose that could be served by flinging any obstacle to the further progress of the bill.
Sir ROBERT PEEL defended Lord Stanley from the charge of delay: if there had been any delay, he himself was responsible for it, for he had often pressed his noble friend to allow other argent measures to take precedence of this.
Mr. WYSE reiterated the charge— When the House was informed that the bill was not introduced till the 26th of May, that it was not sent to the colony till 3d June, and did not reach the colony till the 25th of Jane, and that the colony had only from the 25th of June till the middle of July to consider it, they would think that the colony had reason to complain. If it was necessary to protect the noble Lard's cha- racter from blame for delay, still the interested in Newfoundland had a right to complain of the haste with which it was now pressed. Was the opinion of the people of Newfoundland known in that House ? Was there any one expression of it in any public or private communication ? Yet here they were, at the very close of a session, coming down to suspend a constitution at the mere ipse dixit of a Colonial Secretary; and they called this public justice!
The House divided ; and the amendment was rejected, by 68 to 13.
On the motion that the Speaker do leave the chair, Mr. O'Cototm.r. again opposed the progress of the bill; insisting that the inquiry by Mr. Pakington's Committee was one-aided; for the people of Newfound- land did not hear of the Committee till it had closed its sittings. Sir Robert Peel had talked of taking the sense of the House— Could any thing be more cruel than to drive the opponents of this measure into Committee in such a House as that ? Was it not idle to talk of their showing the sense of the House? Might it not rather be called the sense of the benches ? Were not the benches the rule, honourable Members the ex- ception? (" Hear, hear 1" and a laugh.)
Mr. PHILIP HOWARD saw before him at most some five-and-twenty honourable gentlemen, and those twenty-five gentlemen were about to pass a law to abrogate the liberties and rights of 100,000 British subjects.
The motion was carried, by 82 to 21; and the House went into Com- mittee.
Mr. O'CoNNELL moved several amendments ; which were rejected by clear majorities varying from 63 to 75. The several clauses were agreed to, except the 6th, which empowers the Queen in Council to abolish the Council, and which was postponed; and the House resumed; the report to be received on Friday.
The House proceeded with the Committee yesterday. On clause 6th, abolishing the Legislative Council, Mr. O'Cormats, renewed his protest against the measure. He moved that the words abolishing the Legisla- tive Council as a distinct branch of the Legislature should be omitted.
Lord STANLEY agreed with Mr. O'Connell, that it was not advisable to carry on the legislature by means of one chamber only; bat, under the present circumstances of this colony, where one House constantly rejected the bills of the other, he thought it would cOnduce to the more harmonious management of the affairs of the colony if they were to merge the two chambers into one. It was a mistake to suppose that the nominees of the Crown would be so much under control—
He could assure the right honourable gentleman, that there were few bodies so difficult to control by the Crown as this, though they held their appoint- ments at the discretion of the Crown ; and the reason was, that the remunera- tion was not great, and the appointments were far from being sought after. As
far as the Crown,,therefore, was concerned, the right honourable g n man need be under no apprehension of the ten members who were appointed by the Government being unduly influenced.
Mr. VERNON SMITH would preserve the number which already ex- isted in the Legislati•ie Council, and have eight nominees instead of ten. Would they be removeable by the Governor ? for such seemed the present effect of the clause. Mr. PHILIP How.aan would reduce the number to five. Mr. HONE was prepared to prove that all that had been alleged against the consti- tuencies was gross exaggeration ; and he threatened Government that the colonists would endeavour to regain their rights. The Committee then divided; when the amendment was rejected, by 80 to 18.
Mr. O'CoNsinas. moved another amendment in the clause, to the effect that the number of the members of the Legislature nominated by the Crown be five instead of ten; but the amendment was negatived, by 82 to 21.
Lord CHARLES FITZROY moved a proviso to be added to the clause, that such members of Council should not vote on any question of sup- ply, taxation, or finance. Mr. O'CONNELL supported the proviso : if these members, who were not representatives of the people, should vote on questions of taxation, it would be contrary to every principle of the constitution.
Lord STANLEY opposed the amendment— The party which had the greatest interest in economy in voting the supplies in Newfoundland was the Mercantile party, inasmuch as all the supplies were derived from duties imposed upon commerce. The struggle on the part of the Assembly had always been to vote away public money for the internal im- provement of the island, and for their own salaries : the struggle on the part of the mercantile party had always been to keep it down : therefore the state of things in Newfoundland was quite the reverse of what it was in this country. It was necessary that the Mercantile body should have some means of con- trolling the expenditure.
On a division, the amendment was negatived, by 79 to 22. In a se- cond division, the clause was affirmed, by 79 to 25; and the House re- sumed.
CONTINUANCE OF THE SLAVE-TRADE.
Lord BROUGHAM drew the attention of the House of Lords, on Tues-
day, to the continued existence of the slave-trade. Half a century ago, Great Britain adopted a measure to mar that execrable traffic which for three hundred years had been the scourge of Africa and the disgrace of the civilized world. At length the slave-trade was totally prohibited : but it was not prevented ; and now, thirty years after that great conces- sion, he was calling on their Lordships to take measures to put the slave. trade down ! It appeared from existing documents, that the trade flourished moet in Cuba and Brazil ; and therefore he should confine himself to those places. The great increase of the general trade of Cuba proved the sort of agency that was at work—
In the short period of four years, 'there had been an increase of from
164,000,000 to 370,000,000 pounds of sugar annually exported. It also could be proved, that in the four years from 1837 to 1841, there had been an increase of 32,000 slaves in the island, besides 91,000 which had been required and in- troduced to fill up the vacancies created by death; thus making an importation of slaves in those four years of 123,000. That was more than an average of 30,000 in each year. By the returns of the trade of the Havannab, it appeared that at that port 142 vessels had arrived, with 52,000 Negroes on board, in the course of two ,years. He took a very low estimate indeed when be said the yearly importation into the island of Cuba had been of late years 50,000 slaves. The price of those slaves had increased from 60L to 85/.; so that not less than 4,000,0001. had been expended in this traffic during two years. The exports of Cuba during the same time amounted to the value of 3,000,000/. In the Brazils, during the three years ending 1839, 244 vessels were known to have imported 109,000 slaves ; the total importation being, on the same low estimate on which he had proceeded in the case of Cuba, no less than 70,000 slaves a year. The cost of a slave in that country being 801., as he found from the very able, distinct, and useful work on the subject published by Mr. Bandinell, a gentleman connected with the Foreign Office—than who there could not be a more useful public servant—the total expense of the Negroes imported will be 5,500,0001.; and 17,000,0001. must have been expended in three years. It was needless to ask whether Cuba and Brazil could furnish those millions of money. It was utterly impossible they could : it was perfectly evident that they must have had foreign assistance; and, looking to the quarters from which such foreign aid could come, it was painful to be obliged to confess that from this country alone could supplies to that amount have been furnished. It was impossible that persons engaged in such speculations did not know the way in which new Negroes were supplied to those colo- nies—
In the first place, there was the public declaration made in the Senate of
Rio, by one of the senators in the discharge of his public duty, that the law had fallen into disuse which pretended to abolish the slave-trade in the year 1834. There was, in the next place, the petition from the Bahia Provincial Assembly to the Senate of Rio, urging the repeal of that law, which was found to hamper them in their operations by giving freedom to every slave imported after 1834. They asked this, as they said, that " a transgression so immoral and deceitful may thus be obviated ": that was to say, the law pro- hibiting the slave-trade was openly violated by the slave-trader, and therefore the Assembly petitioned for the repeal of the law, because its continuance loaded the head of the planter and slave-trader with the guilt of transgressing it ! They proposed, in their own language, to repeal the law and leave the parties who infringed it to repentance and the prayers of the community ! The Assembly of Minas Geraas also, after stating the various dangers to which the agriculture of the country was subjected from the want of slaves, and the inconveniences to which their operations were exposed from the trade in slaves having been made contraband, begged the Senate to consider the needless immorality resulting from the citizens being accustomed to violate the laws under the very eyes of the Administration. He questioned whether the whole history of audacity and effrontery could match this fact of two Brazilian Provincial Assemblies calling, on behalf of persons who were pirates by the laws of their own land, for the repeal of the law, on the ground that the planters and their accomplices were determined to set it nought. He had not only the general authority that he had quoted, but positive evidence of the fact that British capital was employed—
The Commissioners at Rio stated, under date the 14th July 1833, "The
various undertakings going on in this country, and every day multiplying, are for the most part the result of British enterprise." But there was other evi- dence of a less vague character. A year or two ago, a vessel under Russian colours was seized as a slave-trader, and released (as be thought, erroneously) on the ground of an objection taken to the jurisdiction of the court at Sierra Leone. The vessel was sold, and was bought by a merchant naturalized, he be- lieved, in this country, and established for twenty years in the City, professedly fur a Spaniard. She went forth from the Thames, touched at Cadiz, and was seized on the coast of Africa, with equipments and papers that proved her to have been destined to the slave-trade. In a more recent case, of an American-built ship, registered as owned in Liverpool, the crew signed articles to go to any port in Brazil and back again ; but when she arrived in Brazil, a cargo for an African port was put on board. Seven or eight of the crew immediately left the ship, complaining that their articles were broken, and that they ought to return to the United Kingdominstead of proceeding to the coast of Africa. The master who carried the vessel over was a notorious slave-trader ; the owners, for the greater part, equally notorious; and the port of her destination in Africa was one of the most noted slave-dealing ports on the whole coast. Another caw occurred about the same time, in which an officer stopped a vessel on her way to a port in Brazil, with seventy or eighty slaves on board, bound to an Eng- lishman settled in Brazil, whose name appeared in the papers. One more in- stance was that of a vessel condemned for slave-dealing, which was fitted out by a notorious slave-dealer. This man obtained a certificate from thirty mer- cantile houses in Brazil, which spoke of his great honour and probity, though his trade of slave-dealing was as well known in Rio Janeiro as his name. Some of these firms, composed of British subjects, were known to be themselves en- gaged in this traffic; and three of them had lost above 12,000L among them by captures of slave-trading vessels. Well, therefore, might the Commissioners make this observation, that " British capital has suffered severely in that city (Rio) from the recent slave-captures." In the mining concerns, which were carried on largely by British capital, the purchase of slaves was openly stated as a matter of accounts— He bad heard that at the meeting of one of the companies, a call was made upon the shareholders, on the ground that the company had been put to very great expense in their operations in the mines, 5,000/. having been expended in the purchase of slaves. In the last year they had purchased sixty-two slaves ; in the year preceding seventy-three. No person in the country could doubt whether these were Creoles or slaves newly imported. If there was any doubt to the eye, there could be none to the ear ; for the moment a question was asked of one of these unhappy creatures, it would be apparent that they had been brought from Africa. The purchase of seventy-three slaves for 4,0001. or 5,000/. made it not consistent with possibility that they could be Creole Negroes, for Creole Negroes could not be purchased for less than 1201. or 130L, °raven 1401.; whereas these Negroes had been purchased for less than half that sum. The parties he alluded to had agents on the spot, who were undoubtedly more guilty than themselves—who knew more of the facts, that is, who had a more specific knowledge of them ; they it was who put the traffic in motion. Some of these agents, he lamented to say, bore her Majesty's commission ; and he mentioned the fact in order to call the attention of his noble friend opposite to it, though they were only on half-pay. Some of those agents had been known openly to declare that they bought, and were prepared to buy, new Negroes; they ad- mitted the fact at once that they were accessories to the slave-trade; but, whether they confessed it or not, he knew the fact, and the manner in which the purchases were made. A vessel arrived: she durst not land her cargo in the harbour of Rio, not so much through fear of the authorities of the country, as because the British Commissioners were there : she therefore remained outside the bar : the unhappy creatures composing her cargo were taken on shore and carried up the country a very short distance, about two or three miles from the city of Rio de Janeiro, and were cooped up in barracks, called barracoons. He had asked his informant, a person of great respectability, who had been generally in the service of the Brazilian authorities, how it had hap- pened that so many as 700 or 800 slaves could be landed from a vessel and carried along, with hardly any guard, without any precaution to prevent escape or resistance. He had been told, that if he had ever seen such an operation carried on, and the state of the slaves themselves, he would not have asked whether any precautions were taken on these accounts, since the plight of the poor creatures was such as to render either escape or resistance absolutely or physically impossible.
Lehi. Brougham concluded with a solemn exhortation— Let them never forget the maxim of' one of the greatest of our poets, and not the least of our patriots, that it was the prerogative of this country to teach the nations how to live; not by her polity alone, eschewing all connexion with malepractices, but by the nature of her trade, as well showing her determination never in any relation to become a participator in them. It was with peace and freedom that the commerce of England should maintain its holy alliance; and they would call down the blessings of Heaven on England and on themselves, by taking that course which, in all humility but in all earnestness, lie now urged them to pursue, while they would add to their fame by helping him in the discharge of a great public and most sacred duty.
He moved a resolution, to the effect that Government should take the existing slave-trade into consideration with a view to its abolition.
The Duke of WELLINGTON said, that if the House were to adopt the motion, Government would be pledged to introduce some measure; whereas he did not see how the requisite information could be ob- tained. He recommended Lord Brougham, who had paid so much attention to the subject, to introduce a measure early next session, and Government would give it due consideration with a view to render it as perfect as possible for effecting the object Which his noble friend had in view. As to persons who held the Queen's commission and were concerned in those transactions, there could be no difficulty whatever in providing a remedy.
On that understanding, Lord BROUGHAM withdrew his motion.
MISCELLANEOUS.
THE ROYAL ASSENT was given by Commission, on Saturday, to the Poor-law Amendment Bill, the South Australia Bill, the Customs-Duties Amendment Bill, and to several continuance and other public and private bills of minor interest.
PACKING-UP FOR THE HOLYDAYS. Sir ROBERT PEEL moved, 011 Thursday, that the House of Commons should meet next day at twelve o'clock ; and he proposed that on those days on which the House did not meet earlier than four, public business should commence at that hoar. All which was agreed to.
Coax-f.aW REPEAL. In the House of Lords, on Thursday, the Earl of RADNOR moved the second reading of a bill to repeal the Corn-law of the present session, and the Corn-law of the 9th year of George IV.; supporting his measure with many of the arguments which have been so often repeated in both Houses this session. The Earl of RIPON moved an amendment, that the bill be read a second time that day six months : and in doing so he stated, that during the thirteen weeks that the new law had been in operation, no less than 414,000 quarters of corn had been admitted. The bill was supported only by Lord KINNAIRD; and the motion was negatived without a division. THE BONDED CORN Brix passed the second reading in the HOWIE of Lords on Monday, after some opposition from Lord Bgaustoxr ; who characterized the measure as an evasion of the present Corn-law.
TRE INSOLVENT DEBTORS BILL was passed by the Lords on Tuesday: Lord BROUGHAM thanked their Lordships, in the name of many un- fortunate people ; observing that it amounted virtually to the abolition of imprisonment for debt. Lord CAMPBELL came forward So propose some amendment ; but he was informed that the bill had already passed. MUNICIPAL CORPORATIONS. Sir JAMES GRAHAM obtained leave, OR Thursday, to bring in a bill to confirm the incorporation of certain boroughs, and to indemnify such persons as should have sustained loss thereby. The bill was then brought in and read a first and second time, and ordered to be committed on Saturday. BURIAL its TOWNS. Mr. Mauer/isms obtained leave, on Thursday, to introduce a bill for improving the health of towns by preventing the interment of bodies within their precincts. CHURCH-RATES. Sir JOHN EASTHOPE, on Tuesday, in moving for certain returns on the subject of church-rates, asked whether Govern- ment intended to give attention to the question during the recess ; and whether he was to understand that Sir Robert Peel was satisfied with the present state of the law ? Sir ROBERT PEEL could not give any assurance that Government would bring forward any measure on this subject in the ensuing session ; and with respect to the second question, whether he was satisfied with the law as it now stood, it was a very nice point to ask him whether he was perfectly satisfied with any law. ("Hear!" and a laugh.) EXCHEQUER BILLS FRAUD. In reply to Mr. CHARLES HULLER, OR Thursday, the CHANCELLOR of the EXCHEQUER stated that the report of the Commission on the fraud in Exchequer Bills had been printed, and two copies were ready for the two Houses : the remaining copies would be ready for delivery on Tuesday or Wednesday. Mr. BULLER notified, that on Tuesday he should ask what course Government intend to pursue. THE SLAVETRADE SUPPRESSION ACT SUSPENSION BILL VMS read a second time in the House of Lords on Tuesday. The Earl of ABER- DEEN explained, that the bill was rendered necessary by the resumption of diplomatic negotiations with Portugal, and the recent treaty with that country, by which the slave-trade was declared piracy. AFGHAN WAR. In reply to Mr. DISRAELI, on Wednesday, respect- ing a narrative of all the circumstances connected with the Afghan war which had been received by Government, Sir ROBERT PEEL said, the information alluded to was not of an official character ; and he had some doubt whether it would not be a breach of confidence to lay it on the table of the House.
MR. WARNER'S DESTRUCTIVE APPARATUS. Sir FRANCIS BURDETT
moved, on Thursday, for a Select Committee to inquire into Mr. War- ner's invention ; giving renewed assurances of its exceedingly de- structive nature, of its being perfectly manageable, and of Mr. Warner's willingness to submit it to an experimental examination by competent authorities. Sir HOWARD DOUGLAS, one of the Commissioners ap- pointed by the Master-General of the Ordnance to conduct the inquiry, and Sir ROBERT PEEL, entered into long explanations of the matter : from which it appeared, that Mr. Warner's representations had been under consideration since 1834; that he had repeatedly had facilities for bringing his invention to the test of experiment ; that a hulk had actually been prepared to be destroyed, but that the inventor himself retracted, demanding a guarantee for 400,000/. as renumeration if the experiment were successful. The question, however, said Sir Robert Peel, was, not whether a ship of war could be blown up,—for explosive substances by which that could be done are already known,—but whether the materials could be safely employed by the assailants; whether it was available under all circumstances of motion, tide, wind, and the presence of an enemy ; and whether it could be kept secret by the purchasers of the invention ; and those points could not be ascer- tained in a single experiment with a fixed hulk. Sir HowAnD DouGLAs expressed the conviction that Mr. Warner is a man utterly unlearned and without the smallest pretensions to science. Mr. BROTHERTON mentioned a letter from a respectable individual at Madrid, who stated that Mr. Warner had offered his invention to Don Pedro, for 500,000/. in advance ; but the offer was refused. Sir GEORGE COCKBURN said that Mr. Warner was not a Commander in the Navy : he had admitted that he had not served his time in that service. The motion was re- jected, by 72 to 2. DETENTION OF CHILDREN. Sir ROBERT INGLIS presented 11 petition to the House of Commons, on Monday, from Dr. Millingen, stating that three grandsons of his had been detained at Rome by their grand- mother, for the purpose of being brought up in the Roman Catholic faith, against his wish, and that the Papal Government would afford him no assistance ; and praying the House therefore to address the Crown that measures might be taken to prevent the longer detention of the children.
ELECTIONS.
A New Writ was issued, on Monday, for Southampton ; Mr. THOMAS Duiscosms waiving his opposition, in consequence of Sir Robert Peel's explanation on Friday night respecting Lord John Russell's Bribery Bill.
The following report was presented, on Saturday, from the Ipswich Election Committee-
" That the Right Honourable John Otway O'Connor Cuffe Earl of Desert, and Thomas Gladstone, Esq., were not duly elected burgesses to serve in this present Parliament for the borough of Ipswich. That the last election for the said borough is a void election. That the Right Honourable John Otway O'Connor Cuffe Earl of Desert, and Thomas Gladstone, Esq„ were, through their agents, guilty of bribery and treating at the last election for the borough of Ipswich. That it was proved before the Committee, that John Downing was bribed by release from a joint security for 251.; that Henry Greaves was bribed by 30s., under pretence of sesvices rendered by his son as a messenger; that Amos Goodchild was bribed by a promise of 51.; that Richard Bishop, captain of a vessel, was bribed by a bargain by his wife for 8/. as indemnity for loss of voyage, 21. of which was detained by the owner of the vessel; that Robert lime was bribed by 3/. through his wife; that John Cockle was bribed by 4/. under the pretence of travelling-expenses; that William Brown was bribed by 4/. 10s., William Cole by 2/. I4s., a person named Fuller by 3/., and William Blythe and others by 30s. each, under the pretence of travelling- expenses. That Thomas Bowman and Robert Naunton were bribed by 30s. each under pretence of playing in the band. That there was no evidence to show that these acts of bribery were committed with the knowledge and con- sent of either the Right Honourable John Otway O'Connor Cuffe Earl of Desalt, or of Thomas Gladstone, Esq. That the Chairman be requested to move that this report, together with the evidence taken before this Committee, be printed; and that the Speaker do not issue his writ for the return of two burgesses to serve in Parliament for the said borough a Ipswich until the said evidence shall have been printed and submitted to the House." Mr. P. M. STE WART carried a motion on Monday, that no writ should issue for Ipswich until after the evidence of the Comn ittee had been printed.