vinced, that it was much better that persons should leave this country to cultivate the richest lands in some of our colonies, than remain here to cultivate the worst. Ordered to lie on the table. or to the complaints which had been made by individuals. It was stated last session, that leave would be given to lord Charles Somerset to come home, for the purpose of meeting the charges that had been made against him, and they were now, he CAPE OF GOOD HOPE-CONDUCT OF thought, in a situation when the House LORD CHARLES SOMERSET.] Mr. Hume ought to ascertain what was meant to be rose for the purpose of calling the atten- done. In presenting a petition on this tion of the House to a subject, into which subject last year, he had inquired whether justice to the complaints of the colony, certain persons, colonel Bird and others, and to the character of the individual would be prevented from returning to the who was accused as the author of those Cape, in order that they might be forthcomplaints, required that it should in- coming to give information which might stitute an immediate inquiry. Many tend to exculpate or criminate the noble members of the House might not, per- lord. The evidence of those persons was haps, understand the course which had most material; but nevertheless they were been adopted with regard to the Cape of sent back. It was quite impossible for Good Hope. In the year 1822, in con- the noble lord to retrieve his character, or sequence of the reports which had reached to return to the colony, unless some proEngland respecting the misgovernment of ceeding were adopted in his case. He that colony, the House had presented an would, therefore, ask the hon. gentleman address to his majesty, requesting him to in what state they now were, or what appoint a commission to inquire into the course ministers meant to adopt with ree state of that colony, as far as regarded its spect to the noble lord? It was fit that revenue, its institutions, and the conduct the noble lord himself, and the numerous! of its governor. On a motion which he persons sent from the colony, and who had made last session, the instructions sought for redress against the noble lord, sent to the gentlemen who formed the should be made acquainted with the course commission were laid upon the table. He which it was intended to pursue. There was not going, on the present occasion, fore, to accelerate the period when this to question in any respect the propriety inquiry should take place, he begged leave! of those instructions, though he could not to ask ministers, whether they had made help remarking, that three years and a up their minds as to when that proceeding half had elapsed without the House re- should commence? It was necessary ceiving any information as to the labour an inquiry should be instituted, and that, of the commissioners, except in one soli- too, speedily, that the noble lord might tary case, into which it appeared that they clear his character from the aspersions had instituted some inquiry. Neither that had been thrown upon it, and the was he going to complain of the conduct charges which had been brought against of the commissioners, though from state- him, as well as to do justice to the in ments which had been forwarded, and interests of various individuals in the colony." some degree authenticated, to him, he was inclined to question the propriety of their conduct. He was anxious, that the hon. Secretary opposite would state how the House stood with regard to the inquiry into the conduct of the noble lord who o had come home from his government in order to meet it. There were various circumstances which rendered an inquiry into the conduct of the governor of a distant colony a matter of considerable difficulty. There was an imperative necessity for investigation. At present, they had nothing but ex-parte statements before them, and they were really ignorant of the situation of the colony, either with respect to the inquiry which had been going on, that d There were, certainly, suspicious circum stances attending the conduct of govern-|| ment in this affair. If he was rightly informed, colonel Bird, instead of having been kept here to give evidence, had been d sent back to the colony, and pensions granted to him and certain members of his family; for what reason he could not w conceive. If this was the case, suspicion certainly rested on the conduct of those who ought to see impartial justice admi-// nistered. If the answer given to what hew now asked was not satisfactory, he would then proceed to state such information as he had acquired on the subject, H Mr. Wilmot Horton said, that the course taken by the hon. gentleman was so very 2 1 ३ レ what parliamentary ground did he intend to rest his application? Had he, out of doors, looked into those papers; and, if so, did he find in them matter for a charge? If he did, then he was ready to give the hon. gentleman an answer. If a gentleman came forward, and said, "I have looked into this or that particular case, and it demands inquiry," it then rested with government to decide, whether they ought to grant the papers which he desired, or to resist the application, in part, or altogether. He felt that they would be doing flagrant injustice to the noble lord, after the calumnies that had been heaped upon him, by various means, and from various quarters, if they proceeded in the manner pointed out by the hon. gentleman. Would it, he asked, be worthy of that House to put aside a case which was ready for investigation, and to go into an indefinite inquiry, with respect to charges got up by any means, as to the general government of the Cape? There was no man who would not sink under such an accumulation of charges brought forward in such a manner. He did not prejudge the case of Mr. Bishop Burnett; but, before they proceeded with any other, they ought certainly to decide upon that. There was no want of infor mation. On the contrary, there was an abundance of gratuitous information offered to the House. As a proof of which, he held in his hand Mr. Bishop Burnett's answer to the report of the commissioners; and if all the calumnies, and all the declamation which it contained, were expunged, it might be put into the shape of a memorial, and placed in the hands of members. Throughout that production, its author imputed to government the worst motives, and to the commissioners' the basest feelings. He felt himself under the necessity of giving this answer to the hon. gentleman. If he moved for papers, he would agree to the production of such as could be granted with propriety, and he would state his reasons for withholding such as ought to be refused.'' extraordinary, that he scarcely knew how not 2647 was brought forward by the learned member for Winchelsea, who was not now present. But, suppose the whole of that case, as charged, fully proved; because an individual had acted erroneously in one instance, was he to be condemned altogether? That would be unjust to lord Charles Somerset. That case was only one of many charges against that noble lord's government. Conduct was imputed to him, for a long-continued period, which demanded inquiry. But not only did the hon. gentleman ask him to go on with this case, but he wished to father on him a book, purporting to be the answer of Mr. Bishop Burnett to the report of the commissioners. Was the conduct and character of lord C. Somerset to rest on that single case? He would answer, no; and would state his reason for demanding an inquiry. He held in his hand a list of several persons who had been banished from the colony, and who were now seeking for redress. He had stated the case of Mr. Edwards; and he was told that, having been a convict, no inquiry could take place with respect to him. But his having been a convict at one time of his life, had nothing to do with his afterconduct. With respect to Mr. Bishop Burnett, was it just to him, when he entreated leave to go back to the colony, to refuse him? Yet such was the fact. He was refused by the department with which the hon. gentleman was connected. Surely, the government could not rest contented with this half-mangled case. The cases of D'Escary and Gregg, individuals who had been banished, called loudly for inquiry. Documents had, indeed, been laid on the table, but no statement of the grounds on which these persons had been banished. There were also the cases of Mr. Francis, of lieutenants White and Clarke, of Dr. Geary, and of several other persons, and amongst them a lady, the whole of whom complained of acts of gross oppression. These complaints, coming from so many quarters, demanded a strict investigation. But this was not all. The conduct of lord Charles Somerset, with respect to his financial proceedings in the colony, deserved to be inquired into. That extravagant and wasteful expenditure which had almost ruined the colony, was a fit subject for parliamentary inquiry. Without pledging himself as to the course which he might pursue after the recess, he thought it was incumbent on ministers to bring home from the Cape many witnesses who could give important evidence in this business. He understood, that, in September last, two of the commissioners had left the Cape, and one continued there to despatch the remaining business. He supposed, therefore, that those gentlemen had arrived in this country, and that from them government would receive much additional information. This was another reason for instituting an inquiry as soon as possible. The instructions in conformity with which the commissioners were to act at the Cape directed, that they should not inquire into any cases, except those sent out from the department here, or those which were of a special nature. This, he contended, operated decidedly against a full and impartial inquiry. The commissioners ought to have been empowered to hear, generally, the complaints of the inhabitants; but that was impossible under this very partial instruction. He meant to move for the following papers:-" 1. Copy of lieutenant-colonel Bird's examination, and correspondence, if any, with the Commissioners of Inquiry. 2. Correspondence between the Colonial Department and the Commissioners of Inquiry, in reference to all complaints preferred against lord Charles Somerset's Government. 3. Reports of the Commissioners on all special cases referred to their investigation. 4. List of all persons banished from the Cape of Good Hope during the government of Lord Charles Somerset. 5. Copies of Mr. D'Escary's correspondence with the Colonial Depart ment, and the Commissioners of Inquiry." Mr. Ord said, he felt it to be his duty to vindicate, as far as his abilities would allow him, the conduct of the commissioners of inquiry. He possessed no materials that would enable him to enter into a laboured defence of those gentlemen; but he must say, that the hon. member had just as little ground for making an attack on them. Nearly connected as he was, in relationship, with one of those commissioners, Mr. Biggs, any thing he might say in his favour might be attributed to partiality. He should, therefore, only state, that Mr. Biggs was as incapable of being actuated by any unworthy motive as the hon. gentleman himself. That gentleman had been employed, for many years, in important public situations, and he was admitted to have discharged the duties of those situations with credit to Himself, and advantage to the country. He had, for a considerable time, acted as judge in the island of Trinidad; he was afterwards employed on the inquiry into the state of New South Wales; and, he believed, in both situations his labours were beneficial to the public. Circumstances of ill health had prevented his recent labours from being so expeditious as some gentlemen might wish. He had met with a dangerous accident, which had for a long time confined him to his bed, and had latterly obliged him to use crutches. This might account for the delay. It was, he thought, due to Mr. Biggs, and the other commissioners, to suspend any opinion on their conduct until their reports were before the House [hear]. He was as willing as any man that they should be tried by their deeds, when the necessary documents were in readiness; and when that time came, he believed there would be found as little reason to condemn those commissioners as to condemn any other set of persons. General Grosvenor was surprised at the manner in which the hon. member for Aberdeen had disclaimed the petition of Mr. Bishop Burnett. It was true that he did not present that petition; but then he spoke upon it with a warmth, and in terms, which were not called for at the time. As for the story itself, which he might fairly describe as "Bishop Burnett's History of his own Times," he thought it ought to be disposed of first. Mr. Wilmot Horton said, that as the first preferred against the noble lord, had been referred for investigation to gentlemen of high character, and every way qualified to conduct such an inquiry, who had reported thereon, the House should now, instead of taking into consideration the full and minute report furnished by those gentlemen, throw it altogether aside, and receive fresh accusations against the noble lord. If the hon. member would show any parliamentary ground for calling for these documents, he would at once either consent to their being furnished, or state his reasons for withholding them; but the hon. member, instead of showing any such grounds, had contented himself with running over a list of names, and calling for evidence as to the cases of a variety of individuals, who had incurred the censure of the government at the Cape, because, forsooth, by possibility, some of these persons might have been ill-treated. No doubt charges had been made by individuals against the noble lord, and there was no wish on the part of government to throw any unfair obstacle in the way of their being fully investigated. All that was desired was, that they should be brought forward in some intelligible manner, so that the House, in entering upon the consideration of them, might know what it was called upon to investigate and decide upon. The hon. member had said, that it would be requisite to go back to the period when the commission was appointed, for the purpose of investigating the charges against the noble lord. He would hon. member for Aberdeen appeared to hon. member, that the Cemind the have misunderstood him, it would be necessary for him to repeat a few of the observations which he had submitted to the House. That hon. member was totally mistaken if he supposed that it was his wish to get rid of this investigation with the half-mangled case, as he termed it, of Bishop Burnett. He had merely mentioned to the House the very great expense which had been imposed on the country in collecting materials for coming 'to a decision on this case, and he would now pledge himself, that if gentlemen would take the trouble to wade through the report on their table, they would find ample and conclusive evidence to enable them to come to a determination on this case, and it did appear to him to be a most cruel and unjust mode of proceeding that, after the charges which had been of Good this Hope had been annexed to the Crown during the late war; that Dutch laws and Dutch customs prevailed there. To bring about a change in this respect, and to anglicize the colony, was, of course, a most desirable object; and it was that the commission owed its origin; for one system of law could not all at once be made to supersede another. This could only be effected progressively, and was a work which required great caution; and what better means could be devised for carrying it into execution without risk, than intrusting the management of it to a commission composed of gentlemen of high character and known ability? This measure was not merely confined to t the Cape; it extended to the Mauritius, and to the isle of Ceylon. This was the origin and object of the commission. It was this country to give evidence, he would merely observe that it had no power to do so. He was not prepared to produce this officer's correspondence; for it seemed to Mr. after their appointment that special griev- | of valuable service to the country; and, as ances were referred to their consideration. to the government not detaining him in The hon. member had thought proper to impute partial and improper motives to the government, with regard to the instructions given to the commissioners. It certainly was not the intention of govern-him that it would be unjust to lay a pri ment-indeed it would have been highly absurd in them-to unfurl a standard in a new colony for all the disaffected to rally round. They never intended to set up a mart for grievances; but if the House would take the trouble to look over the number of cases which had been referred to, and reported on, by these commissioners, no one would regret that more ample powers had not been given them. The noble lord had been placed in a most perplexing and difficult situation. According to the oath he had taken, he was bound to govern the colony according to a law totally different, and very much inferior, to that of his native country. All the defects attendant on this system had been laid to his charge. The commission had been specially appointed for the amelioration of this law; and any communication from them relating to this object he had no objection to lay on the table; but when the hon. gentleman called for all the correspondence between these commissioners and the government, relating to various unconnected subjects, he could not but oppose so sweeping a demand. Mr. Hume observed, that he only asked for the correspondence relating to the 'special cases which had been referred to the commissioners. Mr. Wilmot Horton continued. Не could not accede to this indefinite demand. If the hon. member would state a specific case-if he would pledge his character that he had examined into it, and that he thought it required the attention of the House-he would then either consent to produce the papers, or assign such reasons for withholding them as he thought would satisfy the House. But it would be a most inconvenient mode of proceeding in this particular case, and set a very bad precedent, to accumulate and huddle together a host of fresh charges, whilst they threw aside and abandoned those which had been preferred in the first instance, and on which a report had been already made. The hon. member was likewise mistaken as to the reason why a pension had been granted to colonel Bird. It had been granted him for many years vate paper, received from colonel Bird, before the House, until his examination taken before the commissioners should also be adduced. With regard to M D'Escary's correspondence, he could see no reason why it ought to be produced, unless it was intended to bring forward some specific charge on that case. Government were fully satisfied upon it, and did not intend to do any thing with regard to it. If the hon. member thought some thing ought to be done, let him bring forward some definite proposition respecting it. With regard to Burnett's case, it had been mentioned four or five times in the House, and represented as a case of the greatest hardship and oppression. That case had been fully investigated, and the House had all the materials before it for coming to a decision upon it. If it should be now thrown aside, and after the high tone which had been assumed respecting it, no one should be found to bring it forward, he for one should certainly consider it as admitted, that it had been preferred without any foundation. Mr. Hume asked, to what particular motion the hon. gentleman objected. Mr. Wilmot Horton replied, that he should resist, in the first place, the production of colonel Bird's examination. lord Mr. Hume said, that as the report of the commissioners containing it was about to be laid upon the table, he would withdraw that motion. He hoped, however, that the hon. gentleman would consent to lay upon the table the correspondence respecting the special cases against C. Somerset. It was idle to call upon member to bring forward a special case, when the very means of investigating it were denied. Justice could not be done without the production of the correspondence on the particular charges. Mr. Wilmot Horton contended, that there was not the slightest ground for the presumption that ministers meant to impede the course of justice by refusing the papers. The charges against lord C. Somerset at present were sweeping and general. Let them be made particular: and, if sufficient arguments could be " E L [1] |