13 APRIL 1839, Page 2

DE ratts alb Vrorecbinns fit Varliamtnt.

THE IRISH GOVERNMENT.

When the House of Commons resumed its sittings on Monday the 8th, Lord JOHN RUSSELL announced his intention to propose the fol- lowing resolution on Monday the 15th instant- " Tint it is the opinion of this House, that it is expedient to persevere in those principles which have guided the Executive Government of Ireland of late years, and which have tended to the effectual administration of the laws and the general improvement of that part of the United Kingdom."

Sir ROBERT PEEL asked Lord John Russell, whether he intended to propose the resolution as a substantive motion, or to move it as an amendment on the "order of the day ?"

Lord JOHN RUSSELL replied, that he should on Friday move the postponement of all the orders of the day for Monday, so as to bring forward his resolution as a substantive motion.

On Tuesday, Sir ROBERT PEEL gave notice that he should move an amendment on the resolution announced by Lord John Russell ; and that the House might not be taken by surprise, he would on Friday, or earlier if possible, state the express terms of his amendment.

Sir FRANCIS BURDETT moved for a copy of the appointment of Mr. Daniel O'Connell as Justice of the Peace for the county of Kerry, or any other county in Ireland, during the administration of the Marquis of lslormanby. He was anxious to possess that document previously to the debate on the affairs of Ireland.

Lord Joust RUSSELL had no objection to produce it.—Motion agreed tee

JAMAICA.

On Tuesday, Mr. LABOUCHERE moved for leave to bring in a bill "to make temporary provision for the government of Jamaica." He ex- pressed much regret that the measure he proposed had been rendered necessary by the course which the Assembly of Jamaica had pursued. That body, at their meeting in October last, had positively refused to pass any bills except such as were required for the discharge ofengage ments to the public creditor.. The House would recollect that Poslia, ment had seen fit to enact a bill for the regulation of prisons in the West Indies ; but not until five applications had been unsuccessfully made to the Jamaica Assembly to induce that body to pass a bill which should prevent the enormities proved to be common in the prisons of the island. Linder the system of slavery, punishments were general] administered by the master on his own estate, and therefore the state of the prisons was a matter of little consequence comparatively ; but, after the emancipation of the Negroes, offences were punished by en.' prisonment and. discipline in prison. It had become usual to commit Negroes to gaol for trifling offences, and then punish them severely on the pretence of breaches of prison discipline. It was proved by the report of Captain Pringle, who had been specially employed to examine the state of the prisons, and the despatches of Lord Sligo and Sir Lionel Smith to Lord Glenelg, that women were tied to the tread-mill for twenty-four successive hours, and cruelly flogged; that one woman had been flogged to death, and that a coroner's jury had returned a verdict, that she died from " apoplexy, caused by excitement!" It appeared from other statements communicated by the Governors of Jamaica that the flogging of women in gaol was a common practice ; oililuassta: Ann's district it passed all calculation." Mr. Labouchere read extracts from several documents to this effect. Measures which had been taken for the protection of the Negroes during the term of apprenticeslitliip, he. cause e of no effect when the apprenticeship was abolished; ithe

. m td Assembly, as had been said, absolutely refused to enact any t

substitute for those measures, or for the better regulation of prisons and the prevention of the shocking enormities he had detailed. Under these circumstances, the Government had introduced. the Jamaica Prisons Bill, which was carried last session. The measure passed the Lords unanimously ; Lord Ellenborougb, who was well acquainted with Colonial subjects, declaring his entire approbation, after careful perusal, of the bill. It passed the Commons unanimously—indeed, sub Riktiii0; but not without the knowledge of gentlemen connected with Jamaica; for Mr. Burge presented a protest against it to the ColoniaillOreffincteic,ea. copy of which protest was moved for by the Marquis of Chandos. The spirit which actuated the Assembly of Jamaica, appeared from resole- thins which they passed on receiving .a bill to amend the A

ship Act, parts of which Mr. Labouchere read to the House-

" This House does not dread a comparison with the Commons of England in the success of their legislation. Our laws have not been defied, as by the Irish opponents of tithes; murders are not committed in our island by cum. ponies of armed melt in open day ; nor do bands prowl about at night, setting fire to barns and ricks of corn; nor do our labourers and artisans combine, as of late in Dublin and Glasgow, to raise wages, even by maiming and murder. Our courts are never occupied with the obsrenites which disgrace England, nor do our husbands and daughters resort to them to expose their own shame fur a money-price. The horrible trade of Burke, (and, we fear, of mammy more,) which has given a new word to the English language, was never heard of here; nor have we ever known an instance of parents putting their infant limmilies to death, to save them from the protracted sufferings of starvation. It is not in Jamaica that unfortunate mothers outrage nature, by the destruction of their new-born offspring, to avoid the cruel persecution of a hard-hearttd ;Ind de. stroying morality ; nor is it under our laws that wretches commit suicide to escape the refuge which is provided for worn-out and aged industry. We have no Corn-laws to maid to the wealth of the rich, nor poor-laws to imprison, under pretsuce of maintaining, the poor. We cannot, as the English Parlia- ment does, boast of a pauper law which has taken millions from the necessities

of the destitute, to add to the luxuries of the wealthy." * * *

Was an Assembly, capable of using such language as this in a de- liberate state paper, fit to legislate for the population of Jamaica ?— Ile might lie told that it would be better to wait, until the exercise of their elective rights by the Negro population brought its own remedy to the evil; but under the present registration-laws the Negro population would be Metar. potent to exercise any elective rights for the next fifteen months ; and although, at the expiration of that period, there was reason to believe that, from the lowness of the qualification, that class of the community would exercise a considerable—a preponderating influence iu the House of Assembly—yet he thought it would be very unadvisuble to allow the House of Assembly to go on legislating in the spirit they had manifested for fifteen months, on the pros- pect that, at the end of that period, there would be introduced into the As- sembly a preponderating number of persons representing a class of persons smarting under their injuries, irritated and aggrieved. Ile could nut himself contemplate such a prospect without alarm. He could really imagine no plan which afforded a reasonable hope of bringing the great measure which had been undertaken to a successful issue, except that of interposing, for a period of time, some body of individuals not actuated by the passions and interests which filled the existing Legislature, some body of persons to frame tvith im- partiality and calmness the laws which were imperatively demanded.

He proposed to suspend the constitution of Jamaica for five years, and that the Government should be administered by the Governor and Council, with three Commissioners to assist the Council with their advice.

Mr. GOULBURN refrained from going into the merits of the bill, the provisions of which Mr. Labouchere had explained in so imperfect

and shadowy a manner. He had been always opposed to the establish- ment of Colonial Assemblies ; but the privilege having been granted, it was a very serious matter forcibly to withhold it from a colony. He thought that iu this dispute with the Jamaica Assembly, Government had not acted with discretion. The Assembly had not been warned th inter- ference the consequence of a refusal to pass the Prisons Bill would be nter- ference with the administration of their local affairs by Parliament : on the contrary, they had been told by the Colonial Secretary, that it would be necessary, to legislate on this matter in 1840, if not sooner. There was nothing positive here : yet the Jamaica Prisons Bill did not contain the usual clause, that if an equivalent measure were within a certain time passed by the Colonial Legislature, the act of Parliament should be of no effect ; it left no locus juenilentice. Moreover, it was not specially mentioned to the Assembly in the Governor's speech; the members of the Legislature were left to learn it as they might by com- mon proclamation. No softening, no explanatory language was used; a harsh act was performed in a very irritating manner. Under these circumstances, some allowance ought to be made for the violent and indecorous language of the Assembly.

Sir GEORGE GREI contended that the Jamaica Assembly had been treated with forbearance ; that they had repeatedly been warned of the

necessity of Parliamentary interference, and notwithstanding had re- fused to perform their duty. It would have been inexcusable in the British Government to have delayed longer in bringing forward a mea- sure absolutely' necessary for carrying out the Emancipation Act. Mr. GLADSTONE could not see that the Legislature of Jamaica had committed any stet which justified the suspension of the .constitution. In his opinion, time had not been given to the Assembly to legislate on the subject of prisons. They should have been allowed the opportu- nity, which had been denied to them, of perusing Captain Pringle's Report. Something more than the mere convenience of the Executive Government was required to justify the violent interference with colo- nial privileges which the present measure sanctioned.

Mr. GODSON protested against the bill. It was plain that Ministers had eagerly seized the opportunity of a quarrel with the Assembly on the Prisons Bill, to suspend the Jamaica constitution.

Sir Rooster PEEL said that, without doubt the English people, who had paid twenty millions for emancipation, had a full right to require that the spirit of the Emancipation Act should not be contravened by the Colonial Assemblies. The Jamaica Assembly had not evinced any inelWation to act in the spirit of that measure. So much must be ad- mitted on all sides. But nevertheless, it was necessary to look closely into the conduct of Government in this matter. It (lid appear to him, that the pretence for getting rich of the Jamaica AssemItly teal been eagerly laid hold of This was no light matter. From the earliest period of

its existence as a British colony, Jamaica bad enjoyed a free constitu- tion; for which it was now proposed to substitute arbitrary government— What they proposed was, to suspend the representative form of government in Jamalen, and to govern it by means of a Governor, with a Council appointed 1w the Crown, and three Commissioners—salaried Commissioners, he presumed. What sum annually would these persons have the power to raise? He be- lieved nut less than half a million of money. lie apprehended that the animal

revenue wits now more than 400,000/. They could not stir a step in enacting any act without fresh taxation. Fresh taxation must be imposed; and the pro- poLd now made was that the island of Jamaica should be subjected, in respect

of taxa; ion, to the arbitrary decree of a Governor, assisted by an insular Coun- cil, cons:A-lug of eight or nine persons, with three salaried Commissioners to be sent out from this country. At the very time when the Government were making this proposal, they had it report front their Own Commissioner who had been sent out to Canada, and who told them that their Canadian form of government was entirely wrong, and that thee ought to make the Executive Officers of their colonies subjeit to the immediate control of the Popular As- semblies there. While, therefore, the people or jamaiea read the recommenda- tion of Lord Durham's despatch. advising. such a popular form of government

as null make the Executive Officers responsible to Popular Assemblies—while they were re:hill] t this principle of colonial government, as laid down by their own Coannissioner for Canada, they would at the same thus read this bill, which for fire years not only (lid not make the Executive Officers responsible to the Popu-

lar As.:embly, but destroyed popular representation altogether, anti rested taxa- tion itself upon the arbitrary dictates of a Governor. There might be a neces-

sity for this. There might be no other alternative to reset to ; and after hear-

ing con as,l on the part of the people ,1 and the inerchants common:l with the island, he might still be of opinion that the difficulties were such that

there on 110 alternative hut this most painful one : but he intended, bed re he finally resolved to adopt such a course, to consider all that it might possibly affect.

th must be persuaded that remonstrance and the means of concilia- tion had been exhausted, before he consented to the measure. He could make :Odorant:es for the violent language employed by the Jamaica Assembly. It was a complaint that they had refused to pass necessary mensur..,s—that seventeen bills were left incomplete : but the Assembly laud expressly told the Governor, that but fir his premature prorogation, many of those bills would have been willingly passed— It should always be remembered, that those men were Englishmen ; that they were acting upon principles for which they had themselves contended, and which they considered the pride and boast at' their free constitution. Let them then lean to make sonic allowance for intemperate lamma:,e. Let them use the language of moderation and conciliation in addressing a Popular Assembly acting under irritated feelings; and unless they proved the absolute necessity of the alternative either of abandoning their own Prisons Bill or abolishing the constitution of Jamaica, let them not agree to a proposal the consequences of which were so alarming, not only to Jamaica but to other states which prided themselves upon their popular forms of government: and above all, let them not give those Governments reason to dread that the abolition of slavery was inconsistent with the maintenance of free government.

Dr. Lusuixwrox said, it was true that the Jamaica Assembly had not insisted upon the repeal of the Prisons Bill ; therefore the alterna- tive mentioned by Sir Robert Peel was not strictly put to the Govern- ment. Bat the Assembly had resolved not to resume its funetious till they should know whether the British Parliament was to be a partaker in its governing power. The Assembly's resolution said- " We still also acknowledge that they can seize by force on the powers which they do not possess in law or reason; but there cannot be two legislatures in one state. It' the British Parliament is to make laws for Jamaica, it must exercise that ;wen igati ve without a partner. The freeholders of Jamaica will not send representatives to 0 mock assembly, nor will representatives he fbund to accept a service so docked andlcrippled. The Popular branch of the Leeisla.- tare will cease to exist ; and if any taxes arc demanded, they must be levied at the point of the sword."

Sir Lionel Smith had directed the attention of the Assembly to three measures of " vital importance,"—for the regulation of contracts be- tween masters and servant, to prevent the occupation of grounds by persons having no right to them, and new provisions respecting the militia. The Assembly refused to proceed with these measures, thus abandoning their proper functions. Had it not therefore become abso- lutely accessary- for Parliament to interfere ? He admitted that nothing short of absolute necessity justified the proposed kind of interference.

Lord STANLEY blamed the conduct of Government, and especially the want of conciliation in SirLionel Smith. Ile pointed out discrepan- cies in Sir Lionel's reported speeches and his despatches to the Colonial Office— Ile would refer particularly to the answer of Sir Lionel Smith to Mr. Philipps, the Baptist minister, on the 1st of .Tanuary, giving a yowl account of the conduct of the apprentices, and stating that " iu no case wltere there had been. fair remuneration and kind treatment " had there been any difficulty in vttung work done ; but in his communication to the Colonial Office, dated the h Jimmy, only one week later, Sir Lionel Smith stated that "the Iapositiou to labour was not at all increased, and that both parties appeared to be unreasonable." He thought it was clear that Sir Lionel Smith had taken a partisan view of the question. He was most anxious to take the earliest opportunity of saying, that although he offered 110 opposition to the introduc- tion of this measure, he was far from being satisfied that either her Majesty's Government was free from blame in the course which they had hitherto pur- sued towards the colony of Jamaica, or still less that there was at this moment an overwhelming necessity which rendered it at this moment absolutely indis- pensable to take a step which he was sure no gentleman in that House would agree to unless it were proved to be indispensable,—namely, to take away the ic!:islative functions of the colony, and to substitute tor them a most arNt vary power, consisting of a Governor, a Council, and some gentlemen sent out from this country, such as those who had gone to Canada to legislate, at three day's notice, out the most important affairs of the island.

Lord JOHN RUSSELL contended for the necessity of the measure before the Bosse, on the ground that the Jamaica Assembly would not perform its duty in carrying out the Emancipation Act. From the proceedings of the Assembly, it was manifest that the supreme legisla- tive powcr of the British Parliament was resisted ; and it became a question whether the Jamaica Assembly or the British Parliament should exercise paramount authority.

Mr. LABOUCIIERE said that Sir Robert Peel was mistaken in supposing that :be abrupt prorogation alone prevented the _‘ eet; lily. front passing the bills which they left incomplete. There was no Ltteittion of passing the to ire important measures.

Sir lto I'ta;r. said, that a deputation of gentlemen connected with

Jantniee lee! assured him that the Assembly v.-ere prepared to provide for the geoceed exigencies of the civil service, which were included in their offer to discharge the claims of the public creditor. The deputa- tion laid solicited his support ; which, however, he had not promised. Leave given to bring in the bill.

Secerrisu PARLIAMENTARY ELECTORS.

Mr. MURRAY, the Lord Advocate, moved, on Thursday, for leave to introduce two bills,—the first, to " ascertain and define the rights of vot- ing fur Members of Parliament in Scotland ; " the second, for the "better regi ;ration of Parliamentary elections in Scotland." Mr. Murray de- s.. ;Med the various modes in which fictitious votes were created in eize'l All The practice prevailed to so great an extent, that the bone ,,,Anstituencies were swamped by "life-renters, joint and several peeprietors, and joint tenants," butt especially by the first class— For example, in the county of Selkirk, in 1:32, the whole constituency was I so, siminy whom were very few litii-renters, and 'wile were non-resident. In Ite10, the constituency had increased to 552, of whom 112 were life-renters, . end of those only wet.: resident. In Peebles, the constituency in 1832 was oc whom the Tift.-meter; wire S, and all resident. In 183e the constitu- ency was :170, of which the lit -:enters were 100, and only 25 of them resi- amt." This stateineot .,:ould explain to the House the consequences of the ilehlec;:totts held out to persons t..._aged ill political contests to increase the milahLe of' the constituency; and this increase took place to a greater extent vita,: parties were more nearly balanced. Thus, in one county for instance, betweee 1;,:t2 tool 18ne, the eceatit uency bad been incivased from ISO to 552. There Lad tdso been a ;r. it increase in the number of voters in the larger counties, which had been effected by dividing properties into small portions, and this creating a number of 101. houses.

For these ends, the chief remedy he proposed was " residence:" he woeld make residence necessary to the exercise of the franchise. Want of anifbrinity in decisions of registration courts was the chief defect he aLned at removing by his second bill ; and in accordance with the recemetendation of the Fictitious Votes Committee, he proposed to establish a Court of Appeal, to consist of three Judges, to meet and sit at Edinburgh ; and he considered it would be extremely improper to mix up the court with any other tribunal.

Lord SetetNLEV would Lint oppose the introduction of the bills; but he fared they would nut prove satisthetory to the people of Scotland. TIle first bill went to restrict the franchise and deprive the people of Seosland of a qualification perfectly good in England and Ireland. There were also strong objections to an Appeal Court.

Leave given to bring in the bills.

RUSSIAN AGENTS IN THE EAST.

In the House of Lords, on Thursday, the Earl of ABERDEEN rose to put some questions to Lord Melbourne respecting certain papers which had been putt on the table— In those papers frequent mention was auntie of the interference of a Russian agent in the East : indeed, it was (mite clear that the opinions of that gentle- man hal had considerable weight in the &visions of the Governor-General. He took it for granted that explanations had both been demanded and received from the Court of St. Petersburg: indeed, he understood that such had actually brut the case ; and, moreover, that such explanations were satisfactory lie further understood it to be the intention of her Majesty's Ministers to lay the papers relating to those explanations betbre Parliament. if such was their in- tention, he could not lett think that the natural and fair course would have been to have produced the explanations at the sans time with the papers con- taining the Matters to which they referred. That would have been the honest, straiehtforward course to pursue, although perhaps not exactly that suited to her Majesty's Government. Was it the intention of Government to lay those explanations on the table of their Lordships' House ?

Lord Mannounsia said, that explanations had been given by the Russian Government, and they were satisfactory. lie hoped the papers containing those explanations would soon be laid on the table ; but the consideration of which should be given, and which withheld, had occu- pied more time than had been anticipated— What the noble earl might mean to insinuate by saying that the course adopted in respect to those papers was not the fair course, and that the fair course might not perhaps be suitable to the wishes of her Majesty's Govern- ment, lie could not uuderstand; but it was, he supposed, in accordance with that courteous and agreeable style of expression which prev:nled on the other side of the house, and which often made the noble earl state matters in a tone and temper which were entirely different from his real fbeling awl character. Nobody could have a greater respect for Isis noble friend opposite than he had; but he must say, that his noble friend had the most unhappy and the most uncourteous mode of expres,ing his sentiments of any noble lord in that House: in proof' of which, he need only refer to what had fallen from his noble friend on the present occasion.

The Duke of Wmmixo.rox said, it was most desirable that the papers with the explanations should be given without delay, as tin erroneous impression existed on this subject.

Lord ABERDEEN was much obliged to Lord Melbourne for his ex- pressions of personal regard. He regretted that his observations had not Met with Lord Melbourne's approbation ; but at the same time he must say, that they were not uttered with that intention or view—

He respected the noble viscount personally as much as it was possible for one man to respect another ; but if the noble viscount thoughtlbat therefore he was precluded from making such observations as he thought proper on any of the acts of her Majesty's Government that appeared to him to be objection- able, the noble viscount was greatly deceived. He thought it nothing more than his duty to make such observations on the proceedings of Government as circumstances appeared to warrant. The noble viscount had made no excuse or justification whatsoever for the course which had been pursued in this in- stance. His objection was not to any delay in producing those papers which had been laid on the table : on the contrary, he complained they had been de- livered too soon ; for, if the noble viscount bad had a proper sense of the duty which lie owed to all parties, be would have kept back those papers which had been produced until he could have accompanied them with the explanation which he had deferred laying before their Lordships.

MISCELLANEOUS.

RAILWAYS. The House of Commons agreed, on Tuesday, to post- pone the consideration of reports of Committees on railway bills till Tuesday the 23d instant ; and, on Thursday, on the motion of Mr. POtrissaT Tuoaisos, appointed a Select Committee to inquire into the state of communication by railways. Before any other railway bills were passed, he deemed it necessary to ascertain how the powers already granted had been exercised, and whether it would not be expedient to introduce some " provisional regulations into railway bills."

THE AMERICAN BOUNDARY QrEsnoN. Lord PALarsusrost stated on Tuesday, in reply to a question from Sir WILLIAM MOLESWORTH, that he had sent to Mr. Fox, at Washington, the draft of a convention with a view to the appointment of a joint commission to define the boundary between Maine and New Brunswick, and when the reply of the American Government was received, the papers should be laid on the table.

MUTINY Brims. The Mutiny and the Marine Mutiny Bills were read a third time, and passed, on Thursday.

IMPRISONMENT FOR DEBT ACT. Sir JOHN CAMPBELL obtained leave to bring in a bill to amend the Imprisonment for Debt Act, so far as related to the obligation imposed on proprietors of newspapers to insert advertisements in their newspapers for the sum of three shillings, -what- ever might be their length— The clause had been taken from a former act, and he did not expect that any practical inconvenience would have arisen from it. Representations, however, had been made to him which induced him to move for leave to bring in a bill to correct a provision which he now believed to be extremely unjust. It would be quite as fair to deal with any professional property iu this way as with that ofnewSpaper proprietors. They might as well compel a lawyer to travel a cer- tain number of miles for a wholly inadequate compensation, or a merchant to sell his goods at a price below the market rate. Nothing could justify such an encroachment on property but overwhelming necessity, which certainly did not exist in this case.

Newspaper proprietors, however, must not be allowed to refuse in- sertion of advertisements except on payment of an exorbitant price ; and he therefore proposed to make insertion compulsory on the offer of a reasonable compensation.

PRINTING OP THE BIBLE IN SCOTLAND. Lord Advocate Mt:nits1r stated, in reply to Sir George Clerk, that the patent of Queen's printer for Scotland, which will expire on the 17th of July, would not be re- newed, but that measures would be taken to secure the accurate print- ing of the Holy Scriptures.