Page images
PDF
EPUB

privilege here conceded to the Board of Controul were carried to excess, the affairs of the Company must stand still. If the country did not give to the Company in India, the Company could not give to the country in Europe.

Mr. W. Smith proposed a clause to abo- | lish the decision by ballot, and directing the secretary to take the votes openly, as in the Indian presidency, while it should be competent for any members to protest; and also that absentees, on the requisition of two members, should assign the causes of their absence; and further, that notice of important questions should be given on demand of two members.

Lord Castlereagh thought the clause too complex: it would be better if it were left to the Company, to adopt some regulation on this subject. It was not a case so glaring, as the decision by lot, which had last night been rectified.

Mr. R. Thornton had no objection to so much of the measure as abolished the ballot, though, he believed, no great inconvenience resulted from it. The rest of the measure, he thought, tended to degrade the directors, and impede their proceedings.

Mr. Grant spoke to the same effect, observing, that he wished all possible publicity and responsibility should be attached to the votes of the directors.

Mr. W. Smith then allowed his clause to be negatived without a division, on an understanding that the Company would adopt some such regulation as that proposed. It was unnecessary to extend the shield of a secret ballot over persons who were not likely to be influenced either by the civium ardor, or the vultus instantis tyranni.-It was then negatived.

No other clause being proposed, the House proceeded to amendments in the body of the Bill.

Mr. R. Thornton proposed an amendment in the appropriation clause, to the effect of making the bills payable in England fall on the territorial instead of the commercial fund, in the same way as if they were payable in India.

Lord Castlereagh contended, as these debts were secured on the India revenue, the amendment was unnecessary.

Mr. R. Thornton, on this, agreed to withdraw it; but on the fourth appropriation clause, he proposed an amendment, withdrawing great part of the commercial fund, to be employed by the Company, from under the controul of the Commissioners for the Affairs of India. Mr. Canning objected to this.

Lord Castlereagh agreed, that so far as the Company had a commercial capital, neither that House nor the Board of Controul had any power to interfere. If the

Mr. Phillips was against the amendment.

The amendment was negatived after a short conversation.

When the Speaker arrived at the clause respecting the church of Scotland,

Lord Castlereagh proposed that it should be omitted, arguing that a legislative enactment, commanding the Company to maintain chaplains or ministers in each of the presidencies would be impolitic, and might lead to misunderstandings in our other colonies.

Mr. W. Dundas observed, that the clause in question had originally been introduced at his suggestion, but that having received an assurance from the Company, that they would at their own expence maintain the Presbyterian ministers, and afford them all proper means and assistance in the promulgation and exercise of their faith, he had consented that the clause should be withdrawn.

Mr. R. Thornton said, that as chairman of the Court of Directors, he was confident he could assure the House, and particularly the Scotch members, that the East India Company would do not only all that was necessary, but all that could be reason ably required.

Mr. Grant, sen. confirmed this statement, and pledged the Company, as far he possessed the power, to endow churches, and provide maintenances for the clergymen of the church of Scotland.

Mr. Abercromby doubted whether under the provisions of the charter of 10th W. 3, the Company could allow any ministers to proceed to India who had not the licence of the archbishop of Canterbury, unless under the higher sanction of a legislative enactment. He, therefore, proposed an amendment, that the clause should be retained, introducing the words, "it shall, and may be lawful for the Com pany to allow Presbyterian ministers to proceed to India."

Mr. R. Thornton could not answer for the archbishop of Canterbury, it was not his province, but he thought he might answer for the readiness of the Company.

After a few words from lord Castlereagh, Mr. Abercromby's amendment was negatived, and the clause was omitted, Mr.

Abercromby, however, warned the Company, that he should narrowly watch their actions, and if they did not act up to the letter of their undertaking, he should submit a motion upon the subject next session, when he expected to be told, that it had been found impossible to carry the promise they had made into execution.

Mr. Tierney proposed several financial amendments in the appropriation clauses, which were severally negatived.

The Bill was then passed.

HOUSE OF LORDS.

The Petition was ordered to lie on the table; and it was also ordered, that the Lords be summoned for the service of that House to-morrow.

Their

ADMIRALTY REGISTRY BILL.] lordships having resolved themselves into a committee on this Bill,

Lord Holland adverted to a clause, which provided that the Registrar should in future be restricted as to the use of monies which he might per virtutem officii, hold in his hands; and he thought the legislature ought to be careful in pronouncing their decision upon the legality or illegality of the conduct of the officer for the time being.

Bill, if by the law as it now stood that conduct was illegal. He alluded to the case of Mr. Rigby, where lord Kenyon, when attorney-general, had declared that a public officer making a benefit of monies reposed in bis hands by virtue of his office, acted illegally.

Wednesday, July 14. ITINERANT AUCTIONEERS' BILL.] The Earl of Lauderdale presented a Petition The Lord Chancellor maintained that from the lord mayor, aldermen, and com- this Bill contained nothing which could mon council of the city of London, against make that illegal, which at present might the Bill for the purpose of preventing be legal in the conduct of the person sales by itinerant auctioneers. His lord-holding that situation, or on the contrary, ship stated, that no doubt could be enter- which could render that legal which at tained but the fair dealer was much in- present was not so. jured by the present system of itinerant The Earl of Lauderdale called upon the auctioneers. A person in the latter capa- noble and learned lords to say, what was city, travelling from place to place, and the legality or illegality of the present proceeding to the sale of goods, produced discharge of that officer, for he deprecated a mischievous effect, not only to the regu- the idea of throwing by a side wind a lar and stationary tradesman, but he tend-legal construction of his conduct by this ed to delude and injure the common purchaser. Their lordships were aware of the burthens which the fair tradesman had to support on account of the taxes, and that they were materially injured by this mode of sale, but the purchaser was also deluded, for the goods thus sold did not go generally to the best bidder, persons being employed by the auctioneer to purchase the goods in again, if they did not fetch the price upon which he calculated. It was thus that a bad article was oftentimes imposed upon the unwary purchaser; and he had heard of an instance of two men, who obtruded themselves upon the public as Hamburgh merchants, who were not the characters they represented themselves to be; that they had sales of this description at Greenwich, Edmonton, and other places, where they pretended to seil German linen, and yet he well knew that the article was manufactured in Scotland. The noble earl, however, contended, that the Bill on their lordships' table would not afford the relief which was desirable, and at the time of moving that the Peti-pensate the risk which he undertook in tion do lie on the table, he also gave notice, that he would, to-morrow, move that this Bill be committed that day three months.

[ocr errors]

The Lord Chancellor, lord Redesdale, and earl Stanhope, generally contended that the effect of this clause would only tend to fix the commencement of the Bill, but that it would not affect the question of legality or illegality in past or present conduct in the office of registrar, and while the Bill provided new regulations, it further provided they should not commence during the interest of the present officer.

Lord Ellenborough defended the legality of an officer, if not otherwise directed by law, deriving an advantage from public money deposited in his hands. If he trusted it to a bank, they would not take the custody without a benefit, and be did not see why the person in the first instance should not have such an interest to com

the safe custody, provided that the money was always ready to be produced, according to the terms whereby it was vested in his hands.

[merged small][ocr errors]

HOUSE OF COMMONS.
Wednesday, July 14.

MR. PALMER'S GRANT BILL] The Chancellor of the Exchequer moved the third reading of the Bill.

Mr. Tierney asked upon what ground the sum of 50,000l. was selected as the amount of the proposed grant to Mr. Palmer, particularly after committees of that House had reported that this gentleman was entitled to 84,000l. in addition to his salary from the Post Office.

The Chancellor of the Exchequer replied, that the sum alluded to by the right hon. gentleman was inserted in the Bill, because it was estimated to be a fair reward for the ingenuity of Mr. Palmer's invention, and he supposed that those who thought that gentleman should have more, would not object to the Bill, especially as Mr. Palmer had expressed himself content with the proposed grant.

gentleman, the public could not be fairly called upon to indemnify him.

Mr. W. Smith could easily conceive that the spirit of Mr. Palmer, wearied out by repeated disappointments, might consent to accept less than the fair amount of his claim, but that could not reconcile his mind to the proposition. However, as it would be competent to any member of that House, notwithstanding this measure, to move in a future session for a farther grant to Mr. Palmer, he should not in that understanding oppose the motion.

Mr. Rose vindicated the grounds upon which he had opposed the demand of Mr. Palmer; and as to the observation of the right hon. gentleman, he could not conceive it any attack upon the privileges of that House, because the Lords having a voice in the enactment of any legislative measure thought proper upon this occasion to differ from it.

The Bill was read a third time and passed.

AMERICAN CLAIMS.] The Chancellor of the Exchequer, after observing that he was about to submit a motion, which it was the intention of Mr. Perceval (had not his lamentable catastrophe prevented it) to have brought under the consideration of the House, proposed that an advance should be made to the American Mr. Tierney differed from the right hon. commissioners. These commissioners had gentleman's estimate of Mr. Palmer's ser- been acting under the authority of that vices. But he wished to know whether House for no less than nine years, without it was intended to grant Mr. Palmer a clear receiving any pay or allowance, and were sum of 50.000l. for if the grant were to they to be paid only according to the rate include all, he really believed, that from of ordinary commissioners, they would be the expences incurred by that gentleman entitled to 4,500l. a year, which would in prosecuting his claim, he would not produce a demand of 45,000l. Their dehave to receive above 35,000l. This dimi- mand amounted to 60,000l. but into the nished grant he was, however, disposed to merits of this demand he did not at preconsider as a sacrifice to a party in the sent propose to enter. He could not, howother House, who, although the privilege ever, feel it fair towards those gentlemen of granting money belonged to the Com- to allow another session to pass over withmons, had succeeded in repeatedly defeat-out making them some advance, and thereing the declared sense of this House to do justice to Mr. Palmer-and this proceeding was taken without even requiring any conference with the Lords to ascertain the reasons of such repeated rejection. Mr. Palmer might be induced, under all the circumstances, to express himself content with the proposed arrangements; but as a member of parliament and a friend to justice, he felt it his duty to oppose it.

The Chancellor of the Exchequer said, that it was not his intention to propose any farther grant than that specified in the Bill. As to the expences incurred by that

fore he had to move an Address to the Regent, praying " that the sum of 25,000l. net, to be advanced on account to Thomas Macdonald, esq. and John Guillemard, esq. two of the commissioners appointed for distributing the money stipulated to be paid by the United States of America, under the Convention made between his Majesty and the said United States, and to the personal representatives of Henry Pye Rich, esq. another of the said commissioners, for their care, assiduity, and attention in the execution of the trust reposed in them by parliament."

Mr. Tierney asked, whether these commissioners had been, since the period of their appointment, as actively and generally employed as other parliamentary commissioners usually were, as if so, they were no doubt entitled each to 1,500l. a year.

of the Slave Trade. The latter part of his Address was taken from the express words of the Treaty itself; in which the Regent of Portugal declared his conviction of the impolicy and injustice of the Slave Trade. The House had offered advice on such subjects, both in 1806 and 1810 when the sense of parliament was expressed strongly; and he believed government had acted sincerely in consequencewhich sincerity was shewn in an article in the late Treaty with Sweden.—If the in

The Chancellor of the Exchequer answered in the affirmative, stating that these commissioners were distinguished for their assiduity and intelligence, and that they had, by their investigations, reduced claims, originally amounting to five mil-formation he had received was correct, and lions, to about 1,400,000l.

The motion was agreed to.

HELLESTON ELECTION BILL.] Mr. Swan, referring to the rejection of this Bill in the House of Lords, which excited his surprise, as well he believed as that of the majority of those he addressed, gave notice of his intention, at the earliest period of the next session, again to bring forward the same

Bill.

Lord A. Hamilton said, that as a member of the Helleston Committee, he felt peculiar solicitude upon this subject, and from the scandalous transactions disclosed before that Committee, he was most anxious that if any vacancy should occur in the course of the recess, the House should come to a resolution, or take some proceeding, if consistent with parliamentary usage, to prevent the Speaker from issuing his writ for a new election. Some measure of this nature he really thought necessary, in order to guard the House from the disgrace of any representative who might be again returned by such practices as had taken place at the Helleston election.

Mr. Tierney observed, that no such proceeding as the noble lord wished for was at all practicable, the Speaker being bound to proceed as the act of parliament prescribed.

The Speaker said, that he should certainly, in such a case, feel himself bound by the statute.

he had every reason to believe it was so, then it would appear, that notwithstanding the Regent of Portugal's wishes to abolish the slave trade, the Portuguese trade in slaves, had, since we relinquished it, been greatly increased, and under fresh circumstances of aggravation and oppression. The Portuguese had taken the ground which we had abandoned in Africa, and by so doing, had disappointed the fair hopes we had entertained of redressing the wrongs of injured Africa, and checked the means of carrying civilization and improvement to that suffering country. Thwarted as we thus were, it had now become time to institute some enquiry, in order to know what measures the Portuguese government had taken to fulfil the treaty. The Portuguese regulations were formerly humane, and contained many precautions. At that time their trade was chiefly on the south west coast of Africa; but a peculiar aggravation of the case, was their recent extension of it to the north, without the same regulations which they had applied to traffic in the south: the result of which was, that they crowded numbers of unfortunate fellow-creatures into small vessels, forming a most detestable scene of misery. They were stowed together, as it was called, spoonwise, so as to make the decks one area of human flesh. There was no air for days together in that hot climate, and many were of course suffocated, and destroyed by the small-pox, and other infectious and disgusting diseases. These sorrows had actually been extended since the Portuguese engaged to stop them. He hoped the Portuguese Regent would hear of such

SLAVE TRADE.] Mr. Wilberforce rose to make his motion on this subject, for an Address to the Prince Regent, praying for information respecting all communica-things with unfeigned concern, from what tions with the Prince Regent of Portugal, on the steps taken by that government, in pursuance of the treaty of the 19th of February, 1810, concluded at Rio de Janeiro, as to the provisions for taking efficacious measures for the gradual abolition

he had heard of his character. No man, more often than himself, had reflected with pleasure on the long friendship of the two countries. He recollected strong instances of Portuguese fidelity to our alliance, particularly in the seven year

war, when Portugal was suddenly threatened by France and Spain with the bombardment of her capital, if she did not renounce her connection with us. The king declared he would prefer that calamity to quitting his connection with England. He trusted the Regent would feel equally alive to his treaty, in which the interests of justice and humanity were concerned. Dearly as he valued this ancient mutual attachment, connected, as he believed it to be, with the true interests of both countries, yet he, for one, could not endure the idea, that while we were supporting Portugal by land and by sea, we should be also supporting a system of cruelty and tyranny, in the face of a positive agreement. Any treaty on any other subject government would feel bound to see enforced. The dreadful evils he adverted to were augmenting daily; and he thought that himself and the House would be chargeable to God and man, if they did not take all proper steps to put an end to them. However justly popular the cause and alliance of Portugal were to this country, yet he must say, that if our attachment to them could not continue, but by the continua tion and the increase of such mighty and deplorable evils, all those who were animated by a sense of their duty to God, and to their fellow creatures, all who regarded the universal rights of nature,all who felt the common sentiments of humanity, all who believed in that protection of Providence, which might be forfeited by great acts of national injustice, would rather give it up than pay for it at so cruel a price. But he trusted that we were not yet reduced to so painful a necessity and that the Portuguese Regent would be induced to correct the evil. In Spain attention had been excited; and a committee appointed to enquire into the circumstances of the slave trade: he hoped they would abolish it. He thought he saw a good omen of this in their abolishing another shameful system,-that of the Inquisition. If the regent of Portugal did not attend to the stipulations of the treaty, the sentiments of friendship for him in this country, would be changed for others of a very different complexion. He concluded by moving the Address,

Mr. Douglas supported the Address. Lord Castlereagh said, it was unquestionably advisable to know what steps the Portuguese government had taken. He was perfectly aware of the forbearance of

the hon. mover, in not pressing the subject before. There had been no want of exertion on our part, of which the hon. gentleman was convinced. A main objection to the motion was, that at this period of the session, no benefit could be produced by discussion. He therefore wished it to be withdrawn, with a notice for an early consideration of it, next session. Government had met with great difficulties in this business; but were not without all hope, that in the interim between this and next session, some more satisfactory arrangement might be concluded. Indeed, it would be hardly fair to the Portuguese government, to lay all the information before the House, in its present state.

Mr. W. Smith would not object to the withdrawing of the motion; but he thought that more than justice had been already done to the Portuguese government, who seemed to wish to creep out of the engagement. The trade of the Brazils and Portugal was entirely protected by our navy, and we had a right to see our treaties duly executed.

Mr. J. Smyth thought it right to persist in the motion, as it would give government stronger grounds in their representations to the court of Portugal, which, virtually existing by our protection, was the only European nation concerned in this shameful traffic, except the more limited partici pation in it by Spain. The little settlement of the Portuguese in the north of Africa had become the general mart and focus of the slave trade, and prevented all amelioration of Africa in that quarter.

Mr. Grant, jun. rose to express his sentiments briefly. Unless unceasing vigilance was used on this great question, all the bright hopes, and all the solemn enactments of parliament, would be rendered useless. Efforts had, indeed, been made even here, to evade the abolition of the slave trade; but the wisdom of the legislature had, in a great degree defeated them. He was glad to hear and believe that government were serious and anxious; but it was singular that the only power that encouraged the slave trade was that whose fate was bound up in our greatness, and for whose cause we had exerted unexampled spirit and liberality. Were there no treaty, the knowledge of our views ought to obtain something; but when the treaty was so positive, it was surprising to see the annual introduction of a factitious and foreign people into the Brazils, with

« PreviousContinue »