Oldalképek
PDF
ePub

Hindoo princes, and the due appropriation of them is regarded with the deepest interest by all the classes of Hindoos in the Carnatic under the nabob's government; those religious allowances formed the fund upon which his unprincipled servants preyed with impunity; and it has been the wise determination of the company's government to secure this sacred resource from fraud and peculation, and to apply it wholly to its original pious uses, the support and repair of the pagodas and choultries, and the subsistence of thousands whose livelihood and comfort altogether depend upon the faithful application of these grants. Sir, I know what happiness this measure extends through those extensive provinces, and I trust that it will ever be continued. The last point which I shall notice is the administration of justice, and this in fact comprises every thing. Under the nabob's adminis tration there was no justice at all: it was an annual struggle between his tyrannous exactions and the endeavours of the people to evade them; hence the great mass of the people were di contented, and ever looking to a change. Upon the rumour of an internal commotion, or the approach of an invading army, they endeavoured to increase the general disorder instead of feeling an interest in quelling it. The company have established in part, and propose to institute throughout the Carnatic, a fixed assessment of the landed revenue; and regular judicial courts, where justice is administered by a person liberally rewarded, and whose honour and interest it is to decide impartially and diligently. This system protects with equal justice the persons and property of individuals against each other and against the government, and will soon substitute the blessings of good order for the miseries of tyranny and injustice. Upon the whole then, sir, I rejoice in the treaty made with Azeem ud Dowlah; I see that it is justified by the law of nations, that it is in the highest degree beneficial to the company, and above all, that it dispenses happiness to millions; I shall therefore cordially vote against the honourable baronet's motions, and in favour of the previous question and amendment, as proposed by the right honourable gentleman who spoke second in the former debate.

After a short explanation from Mr. Johnstone, the house divided:

[blocks in formation]

Majority

Strangers were not re-admitted into the gallery before a fourth division took place, which was on the fourth resolu tion, directly criminating the conduct of marquis Wel lesley; the numbers on this division were,

Ayes
Noes

Majority

15 124

109

Sir Thomas Turton, on his return into the house after this division, observed, that the numbers on his side were so few, that he should not now proceed to move his other two resolutions, but would consent to postpone them if the right honourable gentleman (Mr. Wallace) would consent to postpone his resolution of approbation.

Mr. Wallace said, that after the complete defeat which the cause of the honourable baronet had sustained, he might well forbear moving any resolution of approbation, for what approbation could be stronger than that testified by the majorities with which the honourable baronet's resolutions had been rejected? He saw no reason, however, for entering into any further discussion on a future day; but would now read the resolution with which he intended to close the business. It was as follows: That it is the opinion of this house, that the marquis Wellesley and lord Clive, in their conduct relative to the Carnatic, were influenced solely by an anxious zeal and solicitude to promote the permanent security, welfare, and prosperity, of the British possessions in India.

Sir Thomas Turton determined not to proceed any further, but moved that the other orders of the day be now read, intimating, that this day fortnight he should move his other two resolutions.

The Chancellor of the Exchequer and Sir John Anstruther were perfectly indifferent when the honourable baronet should move them. What had passed in the debate of this night, and in the former debate, had completely shewn how unanswerable were the arguments which had been urged on their side; and they were confident that when the public saw the state of the divisions, after so many boasts, and so many procrastinations, they could

not fail to form a just opinion of the nature of the whole proceeding.

The other orders of the day were then disposed of, and the house adjourned.

[blocks in formation]

The Irish militia volunteering bill, and the interment bill, passed through committees and were reported.

The pauper lunatic bill was brought up from the com mons by Mr. Wharton and other members, and read a first time, as were also some private bills brought up by Mr. Lygon, Mr. Ellison, and other members. Adjourned.

HOUSE OF COMMONS.

THURSDAY, JUNE 2,

Mr. Parnell postponed his motion for a commutation of tythes in Ireland from Wednesday till Monday se'nnight, stating that he understood petitions were about to be presented on this subject from the counties of Kilkenny and Kerry, as well as from Queen's county.

There was ordered to be laid before the house an ac count of the way in which the sum of 500,000. granted for the improvement of inland navigation in Ireland had been disposed of.

SCOTCH JUDGES BILL.

The Lord Advocate having moved that the house do go into a committee on this bill,

Mr. Bankes objected to any further proceeding in the bill till the necessary information on the subject was be fore the house. There was no reason for pressing the measure, it being unnecessary, and there being already a sufficient fund in the hands of the crown out of which such salaries or pensions ought to be granted. A report of the finance committee had been ready for nearly two months, but circumstances had occurred to prevent it from being laid before the house. The report embraced this subject, and he was anxious that the learned lord would agree to postpone the business only for a week, that the house

might be in possession of the inquiries of the committee on the subject.

The Lord Advocate said there was as little probability of his agreeing in opinion with the honourable gentleman on this subject at the expiration of a week as at the present moment. All he wished was, to place the judges of Scot land, in case of their being obliged to retire, from age or infirmity, on the same footing with the judges of England, and that such provision should be made from a fund which would be permanent,

Mr. James Abercromby thought it better to wait for the report, and not to fix a permanent burthen on a fund which they might afterwards sec reason to be convinced ought never to have been loaded with it.

The house then divided on the question for the speak er's leaving the chair:

Ayes
Noes

Majority

63

31

32

When strangers were re-admitted into the gallery, the house was in the committee, and the chairman was reading the clause entitling any of the judges of the courts of session or justiciary, the lord chief baron, or any of the barons of exchequer, to retire on three-fourths of their salary..

On this clause, Sir John Newport proposed as an amendment, that the words " or Darons of exchequer" should be omitted.

Mr. Horner said, it was altogether a mistake to com pare the duties of the barons of the exchequer in Scot land, with those that were discharged by the court of the same name in Westminster hall. The former were merely a board of revenue. It had been justly said, that on an average they had not twelve causes before them in twelve months. During the term before last, he was informed there were only three causes, and during the term just finished not a single one.

The Lord Advocate said, the whole of the revenue ques tions in Scotland came before the court of exchequer. If it were once to be laid down, that persons who from age or infirmity were incapable of instructing the jury aright should be allowed to continue judges, the complaint of there being little revenue business in Scotland would soon cease

to operate. It was necessary to take care that the judges in that court, as well as in every other, were efficient.

Sir Samuel' Romilly was decidedly of this mind; but be presumed to think it would hardly be said, that the harons of exchequer had hitherto been inefficient. There fore, there could be the less necessity for the present bill so far as they were concerned. He was informed, that it was quite consistent with the duties of this office, that the person exercising it, should reside in a foreign country. He expected to have heard from his learned friend (the lord advoente) some reasons for the present measure, but he was disappointed. The learned lord had said, that twenty-two causes had stood in the paper for trial during the last term; but every gentleman present knew, that there was nothing extraordinary in this, as not one of them might have been persisted in.

The Solictor-general for Scotland (Mr. Boyle) thought it invidious to make any distinction between the barons of exchequer, who were judges of one of the supreme courts, and the judges of the other courts. Their labour, unquestionably, could not be compared with that of the judges of the court of session; but still their duties were important. They bad even to controul the grants of the minister himself.

Mr. James Abercromby said it had been admitted that the barons of exchequer in Scotland came in place of the old lords of the treasury. The duties, of course, which devolved on them, were not, and could not be, judicial. The house was now called on to give pensions to the name of barons of exchequer, for in no other way did they res semble the persons in this country exercising judicial functions. There were many offices of a ministerial nature, the duties of which were important, but still the persons holding them were not allowed to retire on salaries.

Mr. Rose supported the clause as it stood.

Mr. Bankes declared, that all the ex; lanations made by gentlemen acquainted with the duties of the barons of exchequer in Scotland, did not satisfy his mind that their offices were judicial. He could conceive it perfectly possible that they might go by the same name, and not have the same duties to perform, with the barons of exchequer in Ireland. A person might once belong to a court of justice, and yet his character not be judicial: as, for instance, his right honourable friend opposite was chancellor of the exchequer, and head of that court; and, où

« ElőzőTovább »