Page images
PDF
EPUB

a

out no such hope. He should like to see corrupt borough, and transferring the men possessed, say of 5,0001. procure land franchise to one of those populous districts in the colonies, and tempt others to go which still remained without that privilege out as their labourers. He did not see -a circumstance almost throwing ridicule that it was an objection to emigration, that on the constitution of the country. Nor the vacuum would soon be filled up. If was the evil merely a theoretical one; for he enlarged the sphere of civilization, he had some time ago attended the proestablished a body of industrious labourers gress of a bill relating to Manchester, upon abroad, while he removed unproductive which occasion great difficulty was expelabourers froin home, and opened new rienced to carry the measure through its markets to the manufacture of the mother stages, in consequence of the want of recountry—then, he must submit, he had presentatives whose exertions could be redone good by emigration, even though the lied on. He hoped, in the present in

, vacuum should be speedily filled up. Al-stånce, to be able to make a case out for though he did not hope that any outlet their lordships to act upon, and he felt could be made by which the population that hope more strongly from the circum. could be materially lessened at home, yet stance, because the present bill had been he did hope and believe, that in this way brought up to their lordships' bar on the a voluntary and properly conducted emi. same day with that important bill which gration would be productive of benefit to had been discussed yesterday, and the suc, the country. If he did not agree with cess of which formed an interesting era in his right hon. friend in all the details of the political life of the noble lord through his plan, he could not forget, that it was whose exertions the measure had been carto his right hon. friend that the country ried in the other House of parliament, and was indebted for pointing out the benefits would give, he trusted, the death-blow to which would result from a well-conducted religious intolerance, He trusted, too, emigration.

that their lordships' conduct with respect Mr. Hume said, he had always been an to the present bill would encourage, in the advocate for voluntary emigration, but friends of extensive and radical reform, a objected to the advance of money by the hope that they, as well as the other House, government for the encouragement of it. were determined to detect a state of veIf there was any one thing which more nality, supported by perjury, which at prethan another would render emigration ob- sent prevailed over more than one hall of jectionable, it was a mortgage like that the boroughs ; and when detected, to put now proposed. He considered this ten it down, and gradually to infuse something times worse than an advance of public of the character of free representation into money. They had already seen the mis- populous and unrepresented parts of the chiefs which resulted from anticipating our country. At the time when the represenresources : if this measure were adopted, tation of the country assumed its present it would place the whole of the landed form, the commerce of the country was proprietors in the same condition as the contained in the boroughs of Cornwall; country was placed from the same cause. but now he believed they possessed no The measure was not voluntary but co-other commerce but that of sending memercive ; seeing that four fifths bound the bers to parliament. If Manchester, at the rest. If emigration were to be coercive, time when those boroughs received the he objected to it; and if not, they did not franchise, had arrived at its present im. want any act upon the subject.

portance, did their lordships conceive that Leave was given to bring in the bill. it would not have obtained the privilege of

representation ; not from the hands of any HOUSE OF LORDS.

radical reformer, but from those of the so

vereign? He now moved, that counsel be Friday, April 18.

called in. PennyN DISFRANCHISEMENT BILL.] Counsel were accordingly called in, and The Earl of Carnarvon moved the order the witnesses examined in support of the of the day for the second reading of this bill. After which, the further considerabill. He said, that it was formed upon the tion of the evidence was postponed to model of the act which disfranchised Thursday. Grampound; an act which established the important precedent of extinguishing a

East India COMPANY_Case of MR. HOUSE OF COMMONS.

Miles O'Reilly.] Sir J. Mackintosh Friday, April 18.

said, he held in his hand a petition conNew South Wales.] Sir J. Mackin- taining the application of a private inditosh said, he held in his hand a petition vidual for redress. It was the petition of from the gentry, merchants, tradesmen, &c. Miles O'Reilly, of Dublin, who had lost a of the colony of New South Wales, agreed large sum of money, in consequence of to at a meeting called by the sheriff, and certain transactions which occurred at sanctioned by the government of that Madras; and he conceived he had a right, country. The prayer of the petition was, in fairness and in conscience, to claim a for popular representation, and for trial reparation from the directors of the Eastby jury. He had been informed by per- India Company. Mr. O'Reilly had put sons well acquainted with the subject, that this petition into his hands several years the two Australian colonies embraced a ago; and he had then told him, that his population of from fifty-five to sixty-thou- | best course would be, to endeavour to prosand persons, of which number, from cure redress by quiet and peaceable means. thirty-five to forty-thousand were free set- In consequence of that recommendation, tlers. The amount of the revenue derived he had succeeded in keeping Mr. O'Reilly by government from these persons was from having the petition presented for 60,0001. annually; and the produce of three or four years; and he had done so land and labour to 800,0001. He would from a hope, which was not yet extinsay nothing on the prayer of the petition, guished, that the Court of Directors would, further than that he knew of no one in in that spirit of justice and fairness which stance in the history of the English colo- characterized their conduct, attend to nies, in which a colony, having attained to the claim of the petitioner. But as that such importance as these had done, had body, no doubt from a sense of public duty,

a been denied those invaluable privileges had refused to interfere, all he could do which belonged to them of right, as being was to lay the petition before the House ; British subjects. There were certainly and he hoped that the statement contained colonies which had only received a sem- in it, and the discussion upon it, might blance, instead of a reality, of the British have the effect of convincing the high and constitution; but this had been under pe- honourable men to whom one very imporculiar circumstances--such as the colonies tant branch of the public interest was inin Asia, which, perhaps, could not have trusted, that there was, in this instance, if had the spirit of the British constitution not a legal at least an equitable claim on advantageously engrafted upon them. them, to pay to Mr. O'Reilly, out of the But with respect to those which were pro- funds of the company, the sum of which perly the colonies of England, he did not he had been deprived. There was, in a know an instance in which the privileges statute passed in the 39th and 40th of the demanded by this petition had been with late king, a clause which directed the reheld.

gistrar of the king's court to sue out letters Mr. Huskisson said, that according, to of administration, when any person residthe latest returns, the total amount of the ing in the presidency happened to die inpopulation was but forty-nine thousand, testate, That clause was intended, and, and of that number eighten thousand he believed, had the effect of preventing only were free settlers, the rest having for property thus left from suffering that havoc feited their civil rights in this country, and destruction, with which it might otherand being sent there as a punishment. wise be visited ; since it was placed in the He thought that this fact would not fail hands of those whose duty it was to take to have weight with the House, when care of it, and to see that it was given up it came to consider, whether it would to the right owners. But when the probe prudent to grant these two great perty of individuals was thus, by a legal benefits to the colonies. When an oppor- enactment, taken out of that course and tunity should occur, he would state to the channel in which otherwise it would natuHouse the reasons that induced him to rally Aow, -- when the care of private think, that, instead of such a concession money was intrusted to a public officer, being a blessing to those colonies at pre- then, not only that public officer, sent, it would operate to their disadvantage. but all the agents of the government by Ordered to lie on the table,

whom he was appointed, were bound to

a

watch over the property thus taken from it appeared to him that there was no vigiindividuals, with the most anxious care. lance at all. Now, he did not think it It happened in this case, that colonel would be denied, that the Court of DirecO'Reilly, the brother of the petitioner, tors, who appointed the government, and died in 1816, leaving behind him a mode- the government under whom Mr. Ricketts rate property; which, as he died intestate, had been suffered to act in this manner, would descend to his next heir. Mr. were responsible for any injury that might Ricketts, the registrar of the court at be incurred, by want of proper attention. Madras, took out letters of administration, That they were legally responsible, he was and then took possession of the colonel's not bound to show; but leaving the leestate, which he invested in the company's gality aside, he would contend, that, in treasury at Madras. That act rendered him liberality and equity, they were bound to the trustee of the property, by virtue of consider the case of the family of one of the office he held ; and those who gave their old and faithful servants, who had them the authority so to appoint him, sustained a heavy loss by the gross neglinamely, the directors, were in fairness and gence (he would not say moral misconjustice, if not in strict law, answerable for duct), and want of care of the public moany loss which the property might sustain, ney. By his advice several statements of in consequence of want of due care and the case had been made to the Court of vigilance. Soon afterwards, Mr. Ricketts, Directors, and all the facts were admitted whose affairs were embarrassed, went to by their secretary, Mr. Dart, but no redress the treasury, and took out a large part of followed. Another thing that strengthened this property. In a short time after he Mr. O'Reilly's claim for compensation died insolvent, leaving no security for the was this—that Mr. Ricketts, by whom the money, and without any assets. In con- loss was sustained, was appointed to the quence, the whole of this money, about office contrary to the wish of sir T. Strange, 3,0001., was lost. An important circum- a judge nominated by the king, who stance in the case was this, that the treasury wished another gentleman to fill the ofpaid the money to the registrar without fice. But the mayor and aldermen, who any rule or order of court made to that ef- were the servants of the company, outvoted fect. The judges of the court admitted, him, and appointed the person who caused by a paper which was still in existence, this loss. Another circumstance to which that there ought to have been an order : he called the attention of the House was and two of the former judges of the court this : by the act of parliament, which

gave at Madras, now living, sir T. Strange and this power to the registrar, it was enacted, sir E. Stanley, had declared in the court, that he should publish an account of all that, in consequence of the money being monies paid into his hands on account of taken from the treasury without an order, intestates, first in the India newspapers, the directors became answerable. Surely and then as soon as possible in the London this was but reasonable. If the treasurer Gazette, in order to give warning to the had said, “ I cannot pay you without an relations of individuals so deceased, order from the court; it is not your money; throughout Europe. Colonel O'Reilly it is vested in me for the benefit of others— died intestate in 1816, and yet five years go and get a rule authorizing me to pay elapsed before the advertisement appeared. it,” what would have been the conse- What could have been the object of insertquence? Why, probably, it would have ing the advertisement after such a delay? prevented this unfortunate man from mak- The whole use of this regulation was, that ing such an application ; or, if he did ap- speedy information should be given to the ply for a rule, the court would have said, relatives of the deceased, by which embez"Show us what the money is wanted for ; zlement or dilapidation of property might prove to us your solvency and efficiency.” be prevented. "If this advertisement had Then Mr. Ricketts would have been called been inserted the next year, this small on for security; and if he did not lay suf- fortune might have been rescued from the ficient grounds before the court, his appli- hands of the registrar. He only mentioned cation would have been refused, and the this as a part of the general grievance property saved. If the treasury made it- which would be removed if the law were self liable for this money, ought it not to adhered to. Under all circumstances, he have exercised thus much vigilance? If it hoped that the statements he had made, were pot vigilant to that extent, why then and the discussion that might ensue, would

[ocr errors]

have the effect of inducing the East India | think the petitioner had any claim on the Company not to depart on the present oc- Company. This was not a question of hicasion from that practice of liberality berality.

Unless a sufficient case was and justice which had generally charac- made out, the Company could not, consisterized their conduct.

tently with their duty, reimburse the petiMr. Denison said, that a friend of his, tioner. à Mr. Sinclair, had a brother who, after Mr. Courtenay observed, that in speakresiding many years in India, died without ing of this case, he would say, as he had a will. This registrar, who took possession said upon another which had been referred to of his property, which amounted to ten a committee, that where there was a wrong thousand pagodas, died insolvent, and his for which there was no remedy, the proper friend had never been able to obtain re- course was to appeal to that House. He dress. He petitioned the Board of Con- was therefore glad that the subject had trol, who referred him to the East India been brought before them. Company; but they told him that Mr. Mr. L. Foster contended, that the moRicketts was no officer of theirs, but was ney having been lodged in the hand of the appointed by the King's Court at Madras. Company's own treasurer, this was an apIt was extremely hard that people should peal to something more than to their lithus be deprived of their property, without berality. The attention of the Commons any fault or neglect of their own. In his of England had been called to a gross opinion, the persons concerned in these wrong, and he hoped that the appeal two cases had, by every consideration of which had been made to the feelings law, equity, and liberality, a claim upon of the Company would not be lost upon the East India Company.

them. Mr. Wynn said, that the deficiencies of Mr. Lindsay did not think the Company Mr. Ricketts amounted to 40,0001., which liable for the actions of an officer whom had been abstracted from the property of they had not appointed. The more the the widows and children of the persons case was looked into, the more clearly it whose effects he had, as registrar, admi- would appear, that the Company were not nistered. The subject was one of great liable for the misdeeds of an officer over difficulty, and he hardly knew on whom whom they had no control. the claim for redress should he made. Mr. Trant said, if it could be shown What the honourable baronet had said of that there had been the slightest neglect the manner in which Mr. Ricketts had on the part of any of the officers of the been appointed, had no bearing on the Company, then it was quite clear that the case. By an act which was passed in petitioner had a fair and equitable claim. 1800-an act brought forward by govern

The Chancellor of the Exchequer proment and not by the East India Company, tested against the supposition, that the peit was enaeted that, as persons in India titioner supposing his case to be made out, had commonly few relatives who could un- could have any claim upon the government. dertake the administration of their effects, if it were found that any thing was due to that office should devolve on a public offi- him, the payment must come out of the cer, and the duty was thrown upon the re- territorial revenues. gistrar. The judges naturally appointed The petition was read, and sir J. the existing officer of the Recorder's court. Mackintosh gave notice that he would on He could not help regretting that when Thursday move to refer it to a Select Comthis duty was put upon the registrar, the mittee. judges did not take an adequate pecuniary security from him. The practice at pre- NEW SOUTH WALES BILL.) ) Mr. sent was, that the registrar gave such se- Huskisson moved the second reading of curity, and that no money should be drawn this bill. out of the treasury without an order of Sir J. Mackintosh said, that at a future court. But now came the question, who day he should move two instructions to was to make the loss good? If, a similar the committee. The first would be, that case having happened in this country, the the committee should introduce a clause government would have had to redress the into the bill, extending the trial by jury injured party, then, indeed, he thought to criminal and civil cases in the colony: the petitioner must be redressed by the and the second, that a clause should be East India Company. If not, he did not received, providing the election of a cer.

tain number, say one third, of the mem- objected to this arrangement, and thought bers of the Legislative Council, by indi- that, if it was to be insisted upon, some viduals whose incomes from real or per- change ought to be made in the constitusonal property should not be less than 501. tion of the privy council, which was eera-year. There were certain points in the bill tainly as badly constituted for the purwhich he disliked. The trial by jury, for poses of a Court of Appeal, as it was instance, had existed, for the purpose of possible to imagine any tribunal to be. quarter sessions, before this bill was He disliked the bill altogether, and would introduced; but now it was to be aban- be better pleased that it should be passed doned. No mention was made either of for a limited period than be made perthe laws relative to insolvency or bank-petual. ruptcy in the colony, as to which subjects Mr. Huskisson said, that the present he thought many new regulations might measure would not take from the House with advantage be made. Upon the whole, of Commons the power of future legislahe considered the bill as retrograding tion on the subject. As to the intermediate rather from the spirit of liberality, than appeal, at the present moment, there was taking any step in advance of it.

a supreme court of Law in the colony, Mr. N. Calvert doubted whether the consisting of barristers of a certain standcolony was yet in a state to profit by those ing, appointed for the purpose of adinstitutions which the learned member ministering the English law. From their proposed, though there could be no doubt decision there was an appeal to the milithat, as soon as it was in such a state, it tary governor, who could not be supposed ought to receive them.

to be well acquainted with the principles Mr. Huskisson said, that the regulations of law. If his decision confirmed the with respect to bankruptey and insolvency judgment of the court it would be unnewere omitted in the bill, because he thought cessary : but if he reversed it, po person the colonial legislature better calculated would consider that full justice was done, to regulate those subjects than the House and therefore that absurd practice was to of Commons. His great object had been be put an end to, and the appeal would to meddle as little with details as possible, lie in the usual way of appeals from the which were always much better arranged colonies to this country. upon the spot. As to the trial by jury, the Mr: Spring Rice agreed that it would system had been tried in quarter sessions, be desirable to make the measure a tempoand, from the peculiar state of society rary one. The colony of New South Wales in that country, found altogether inappli- must be considered in a double light: first,

a cable. The time was not yet come in as a penal colony, and then as a colony of which the machinery of that valuable increasing wealth and importance, and institution could be extended to New which ought to be dealt with as a society South Wales with effect; and to attempt of free, unpolluted men, of course not to introduce it would only be to destroy a subject to that peculiar legislation which system which was suited to circumstances, befitted a penal colony. Such were the and practically worked well already. No present advantages of the colony, that he person could be better inclined than had seen many letters from persons, who he was to give the colony the advantage had been transported thither, inviting their of every institution which the mother friends in this country to join them. It is country possessed; but by attempting to evident that the time must come when go too fast at first, the progress of the New South Wales could no longer be good work would be retarded.

considered as a penal colony, and, thereMr. Bright complained that the bill fore, when the whole course of government threw too much power into the hands of and legislation with respect to it, must the Crown and of the privy council, and undergo a change. It was on that account needlessly limited the other branches of that he wished the measure to be a temthe legislature in their powerof interference.porary one, in order that a more enlarged There were certain provisions, too, in it, and liberal course might in future be to which he particularly objected; and taken. amongst others, to that which took away Colonel Davies said, it was a mockery the present Court of Appeal, and enacted to hold out that colony as a place of that all appeals should be direct to the punishment, seeing that the convicts wrote privy council in England. He particularly to their friends to leave no means untried,

« PreviousContinue »