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themselves participators in them. Acting accounts which have reached him, he finds a under this encouragement, many of us have most unhappy unanimity as to the low state entered into arrangements either here, or in of feeling which has of late years crept into England, which we could not at once dissolve the civil service, particularly among the junior without great loss and difficulty. The know- members, and it has been in general characledge by the public that civil servants cannot terized by want of that zeal, ability, and exescape the comparatively immediate and un-clusive devotion to the public interests, withconditional sale of their property, must, with- out which it is impossible that the public serout fail, depreciate the value of their estates to vice can be conducted in a manner advantagea most ruinous extent. Indeed, we are pre-ous to the people or acceptable to the Governpared to prove to your Lordship that such an ment." expectation has already induced parties, before fully intent upon purchasing, to hold back in the hope of very great reductions in the prices. Looking, therefore, to the share which Her Majesty's Government has had in encouraging and allowing civil servants to invest their money in this manner, we hope we shall not be deemed unreasonable in asking for a more extended period to enable us to comply with your Lordships' directions; the limit to which, we would submit, should not be announced to the public."

Supposing these parties to have been deserving of censure, was it just to publish such an accusation in the newspapers and the Gazette? This censure on the civil servants was regarded by them as a most decided and uncalled-for insult. But how was this low state of feeling to be accounted for? The noble Secretary himself, in the subsequent paragraph, said—

income."

If this was the case, all the fault rested with the Colonial Office in allowing such a state of things to exist. He would proceed to refer to the remonstrance of the civil servants, drawn up after this minute of Lord Stanley had been issued. They stated—

"His Lordship is disposed to attribute this He did not object to the condition for the unsatisfactory condition of the service princifuture, that the civil servants in Ceylon pally to the paralysing effect of a constant atshould not be engaged in agricultural pur-quent absence of any hope of advancement by tention to seniority in promotions, the consesuits; but after they had been so long reason of superior merit, and to the smallness allowed to do so, and after they had been of the salaries (in the absence of any provision encouraged by former Governors to em- for pension), which has induced a great probark in such pursuits, and of which the portion of the civil servants to look to agricul Government at home was aware all along, tural pursuits as a means of improving their and never interfered by a single objec tion, it was only common justice that they should have ample time to dispose of their plantations; for a sudden sale must depreciate the value of land to a most ruinous extent, as it induced persons otherwise anxious to purchase to hold back till the expiration of the period. He had been informed that the Colonial Office offered to extend the period from one to two been republished by the local newspapers, "The minutes in question have already years; but he hoped that the noble Lord they have been transferred to the papers of the Colonial Secretary would listen to the India, will be generally canvassed on the Conurgent representations of those parties, tinent, and can only be productive of a very and would not object to an extension of low opinion of the civil servants here. We the period, and that this limit should not beg most respectfully, but most distinctly, to be published. He thought that nothing liar juncture in the condition of the Colony, impress upon your Lordship, that at this pecucould be more reasonable than this re- nothing is more essential to its ultimate quest, and he trusted that the Secretary welfare than that those public servants who of the Colonies would agree to this pro-really endeavour to do their duty should meet posed alteration. He now came to a with firm and steady support from the Gomore serious charge. The former provernment. It is impossible for any person ceeding was an act of injustice, as it in- not thoroughly conversant with local affairs volved a sacrifice of property; but this justly to estimate the increasing difficulties was still more, for it involved an attack who hold important and responsible office are and pressure to which those public servants upon character. He would refer, on this subjected. At such a time as this the service point, to the minute published by the Go-had no reason to expect, but laments to find, vernor of the Colony, which contained the the Government joining in the imputations accusation to which he referred. The that have from time to time been cast upon it. minute was as follows:Unmerited abuse from interested and frequently misinformed parties we have hitherto "His Lordship has observed that, in all the borne with indifference; but how far different

is the case, when to that is added the authoritative censure of the Government itself! We have already observed that these documents have been published in the Government Gazette, the ordinary channel through which the local Government communicates official intelligence of a public nature; and thus we find it announced to the world at large, without any previous intimation of such an opinion being entertained, and without any opportunity being afforded us of attempting a justification, that your Lordship considers the civil service of Ceylon, without any exception implied or expressed, lamentably deficient in that proper spirit and feeling which are essential to the reputation and utility of a body of public servants. We much lament that your Lordship should have come to such a conclusion, and we beg most respectfully, but at the same time most firmly, to deny our having deserved such a stigma. Admitting for a moment that there might have been some members of the civil service to whom the censure conveyed by the minute of the 14th of February might be justly applied, will your Lordship only permit us to ask whether, even under such circumstances, it were expedient to give publicity to so universal a condemnation of the whole body of civil servants, and thus to degrade them in the eyes of the community, as well as of the whole world?" He would say that these terms were fully justified by the document which had called them forth. He could not conceive, until he should hear the defence of the hon. Member (Mr. Hope), what possible justification could be made for the course that had been taken by the Colonial Office in this matter. It was impossible that the officers of the civil service could be more than six weeks absent from their duties without the connivance and sanction of the Government; and he would therefore wish to know what right the Government had afterwards to come forward to censure them? The document went on to say

"Whatever course expediency might have dictated, we would beg to be allowed to submit to your Lordship whether, as we have no opportunity of defending ourselves, the publication of this censure might not well have been spared us, until, at least, other attempts had been made to work out that reform in the service which the Government required. Even were we to concede the existence of the evils to the extent implied, we might be permitted to refer to the minute itself for the causes of them. The 3rd Clause attributes them distinctly to the injudicious distribution of its patronage by the local Government; and to the parsimonious scale of remuneration allowed to the civil servants by Her Majesty's Government in England. A

consciousness of such facts might have induced the Government to pause before pursuing the course it has adopted." He considered that the noble Lord in sending out that despatch added his own condemnation to it, as the cause which produced it must have arisen solely from the negligence of the Government itself. The first notice which they received of the altered opinion of the Government respecting them, was a public censure on their conduct. He did not know what

excuse would be offered for this mode of proceeding; but of this he was certain, that the despatch must have been issued without a due consideration of the conse

quences that would result from it. It would require a great deal of good management and discretion before the Ceylon civil service could be brought back to its former harmonious and efficient condition.

Mr. G. W. Hope said, it was not his intention to justify the publication of that minute; it was not published by Lord Stanley's directions, and the terms of the minute did not agree with the terms of the despatch, the terms of which were not so general as those of the minute. The Papers would be produced, and it would be at once seen that this was the case. The despatch, indeed, alluded to the reports of the listlessness with which the civil servants discharged their functions, and that they were contented with the bare performance of the duties exacted of them, and of their want of zeal; but it was expressly said that these observations applied to the junior members of the civil service, and not to the whole civil service; and the causes were set out much in the same words as in the minute. Though he was far from pressing hardly against the servants, reports had been received from Sir Colin Campbell and from his predecessors which contained frequent complaints against the junior servants and the way they discharged their duties. It would be difficult to produce those reports; they were given in confidence, and mentioned the names of individuals, which, if given, would increase rather than allay any irritation; but they mentioned individuals and parties going through their services and showing their negligence, especially in the acquisition of the native language. Hon. Gentlemen connected with India would scarcely believe that so many had gone on without having acquired what was an in

though the juniors were not. The Secretary of State's observations, therefore, were directed to the junior officers only. Upon the whole, it did appear obvious that it was impossible for persons having these private interests fully to discharge their public functions consistently with the engagements into which they had entered on being appointed to their offices.

Viscount Ebrington understood that there was a toll levied on the passage of Coolies from India to Ceylon. Some of the planters had presented a memorial on the subject to the Governor, representing this tax as a most impolitic measure. It besides acted as a great hardship on the Coolies themselves, as these poor people were often reduced to the greatest suffering in their efforts to evade it.

Dr. Bowring said, that every encouragement had been held out by the Government to parties to make purchases of land in Ceylon. There had been no voluntary emigration to that island until it was encouraged by the Government. Consider

dispensable preliminary to the due discharge of their duties. Therefore, he could not consent to the general denial of the inefficiency of the public service. It was no new charge of the desertion of public duty for the sake of their private property; and since the coffee plantations, there was a great complaint. Coffee planting required constant attention, and the cultivators were subject to the bankrupt laws. The prohibition commenced as early as the year 1813, and the civil officers were required to take an oath not to engage in any trade as principal or partner unless licensed by the Government. In 1834, a question arose as to the cultivation of cinnamon, which was not more of a trade than the cultivation of coffee, and so far from there being a relaxation there was a minute published by the Governor, stating that he had received authority to explain that there would not be in any respect a relaxation of the restrictions against trading. In 1835, the coffee planting began, and in 1836 the former minute was republished. With regard to the pur-able sums of money were then invested in chase of cinnamon, but not with reference to the growing, the complaint was, that remittances could not be made home except in cinnamon, and it was allowed to save Bills; and the prohibition was continued against growing, and had never been relaxed by any Secretary of State from that time to this. Sir R. W. Horton was most distinctly opposed to the practice of allowing coffee growing; and great evils resulted from it. But he need not argue the impolicy, as the hon. Gentleman assented to the propriety of the prohibition, and only objected to the manner in which it was enforced. The manner in which it was done was this:-The despatch was sent in confidence to the Governor, and referred very much to individuals, and it ended with giving a summary to the Governor, not with the view of publication; and he was as much astonished as the hon. Gentleman when he saw the publication of the minute. The main cause of the evil was a very unwise reduction made in 1833 by the Commissioners, who seemed to consider that the whole object was a reduction of expenditure. The abolition of the pension fund, and other causes, materially affected the condition of the service. That cause had, however, been for years in operation, and did not apply to the senior civil servants, who were still entitled to the pension fund,

land, and when these speculations were entered upon by the civil service there had not been a single word of disapprobation uttered. In fact, the language of the Government all through was the language of encouragement. But, suddenly, these Gentlemen had incurred the displeasure of the Colonial Office, and not only were they divested of their lands, but a sort of opprobrium was attached to them. It appeared that instead of one year, as at first announced, they were now to have two years to dispose of their property; but that would, after all, make very little difference in their case, as they could have no chance of obtaining the full value of it as long as the purchaser knew that the sale was compulsory. The lands might, in a word, be considered as being in the hands of a bailiff, to be sold by a certain time, no matter at what terms. He thought the Government ought to prevent the evil for the time to come, but not to do wrong in correcting that which arose in the time past.

Mr. Aglionby said, he thought the hardship of the case had been aggravated by the speech of the hon. Gentleman the Under Secretary for the Colonies. These gentlemen ought not to be under the imputation of having broken their caths, for having merely cultivated their private estates, under the sanction of the Go

vernment. He hoped in future, when in- | structions were sent forth from the Colonial Office, they would be in some way intelligible.

Mr. Hope said, he would be sorry to charge these gentlemen with any intentional departure from their oaths, and he did not think his words would bear that construction.

Mr. C. Buller said, he understood the hon. Gentleman to have quoted the words of the oath as a justification of the course taken by the Government. It was quite clear that a number of gentlemen connected with the civil service in Ceylon had been in the habit of investing money in estates. He would not go the length of saying that no public officer in a Colony like Ceylon should hold land, though he thought that in a new Colony, where the Government possessed all the unsold property, it would open the way to jobbing if they were allowed to make investments in landed property. In an old Colony, however, the case was different, as, if public officers were induced to invest their savings in land, they would acquire an increased interest in the prosperity of the Colony. There was, however, a difficulty in deciding where the line between the two classes should be drawn. But it was clear that in Ceylon all the civil officers had, with the sanction of the Government, been engaged in investing any money they might have in the purchase of land; and he much questioned the justice of the peremptory order which was issued, compelling those men, who were to be regarded as innocent, to sell their property within a given time, and whether that time was fixed at two years or at six months, he thought in either case it was a great hardship to men who for the last ten or twenty years embarked their fortunes in this kind of pro perty with the connivance and countenance of the Government. He had the pleasure of knowing for many years the present Governor of Ceylon Sir Colin Campbell, and a more amiable and kind-hearted man did not exist, and he was sure he would be quite incapable of using any hardship or severity towards the civil of ficers of his own accord. The remedy

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ture. He trusted, however, that a more salutary and judicious plan would be taken for removing the dissatisfaction produced by increasing the salaries of these officers on a fair and equitable system. He would remind the Government that the greatest Governor of any province that England ever had-namely, Lord Cornwallis-on finding a corrupt civil service in India, adopted a concilatory tone towards them, and his first act was to raise them over all ordinary temptations to corruption, by raising their salaries to sufficient amount.

Mr. Tufnell replied, and remarked that the clergy of the Established Church, and the bishop who had just gone out there, were allowed to purchase property to any extent.

Mr. Hope said, it should be borne in mind that the clergy of the Established Church were not so much under the power of the Government as might be supposed. Subject dropped.

House went into Committee of Supply pro formâ.

House to sit again on Monday.

Mr. Bouverie moved, that the Report of
the Committee on the Death by Accidents
Compensation Bill be brought up.
The Attorney General opposed the Mo-

tion.

The House divided: 39: Majority 32.

Ayes 7; Noes

Bill accordingly lost. House adjourned at a quarter to two o'clock.

HOUSE OF LORDS,

Monday, July 28, 1845.

MINUTES.] BILLS. Public.-1 Taxing Masters, Court of
Chancery (Ireland); County Rates; Real Property (No.
3).

2 Railways (Selling or Leasing); Bills of Exchange,
etc.: Bonded Corn; Testamentary Disposition, etc.;
Criminal Jurisdiction of Assistant Barristers (Ireland);
Stamp Duties, etc.; Militia Pay; Land Revenue Act
Amendment; Lunatics; Compensations.
Reported. Poor Law Amendment (Scotland); Lunatic
Asylums (Ireland); Drainage (Ireland); Highways.
3. and passed: Unclaimed Stock and Dividends;
Spirits (Ireland); Excise Duties on Spirits (Channel
Islands).

Private.-1. Leeds and Bradford Railway (Mistake Rec-
tifying),

2. Brighton, Lewes, and Hastings Railway (Hastings, Rye, and Ashford Extension); Darby Court, Westminster.

might, he was sure, have been applied Reported.-South Wales Railway; Monmouth and Here

without the use of the strong terms that had been applied in this case. The hon. Gentleman seemed inclined to repair the mischief by showing that the application of censure was of a very partial na

ford Railway; Glasgow Junction Railway; Guildford, Chichester, and Portsmouth Railway; Brighton and Chichester Railway (Portsmouth Extension); Direct London and Portsmouth Railway; Duddeston and Nechells Improvement; Erewash Valley Railway; Glasgow, Barrhead, aud Neilston Direct Railway; Manchester and Leeds Railway.

3a and passed :-Birmingham and Gloucester Extension | guilty of a breach of the privileges of that

Railway (Stoke Branch); London and South Western
Railway; South Eastern Railway (Greenwich Exten-

sion); South Eastern Railway (Tunbridge to Tunbridge Wells); Gravesend and Rochester Railway; Rothwell PETITIONS PRESENTED. By Duke of Buckingham, from Clergy and others of Aylesbury, for Abolishing Punishment of Death.-By Bishop of Norwich, from Rother

Prison; Shrewsbury and Holyhead Road,

field, and several other places, for the Suppression of Intemperance, especially on the Sabbath.

House." Curl was then reprimanded by the Lord Chancellor for allowing the advertisement to be printed, and also forbidden to publish the work. In the course of the proceedings upon that occasion, a Committee was appointed; but he could not find that that Committee ever made any Report to the House, though he had made diligent search on the subject. On the 31st of January following, the matter was, however, again taken into consideration, and the Resolution was duly passed as a Standing Order. That was the Order now appearing on their Lordships' Books, and which had remained in force to this hour. He found that the Order was not intended to remain as a dead letter, for an attempt had been made to enforce it in the year 1735. In that year the same Edmund Curll issued another advertisement, which was published in the daily journals, and which gave great alarm to the Members of their Lordships' House. On the 12th day of May, 1735, this advertisement was brought under the notice of the House. It was published in the Daily Post Boy, and was to the effect that there had been just published Mr. Pope's literary correspondence for thirty years, namely, from 1704 to 1734, being a collection of letters written by him to the right hon. the Earl of Halifax, the right hon. the Earl of Burlington, and many

DECEASED PEERS.] Lord Campbell said, that he should take the opportunity of calling the attention of the House to a subject of one of the Standing Orders, No. 113, with respect to which he had given notice. The Standing Order was to the effect, that any person presuming to publish the works, or life, or will, of any deceased Lord of Parliament, without the consent of the heir or executor of such Lord, should be deemed guilty of a breach of the privileges of that House. He should best discharge his duty on that occasion by referring to the history of the Standing Order. It took its origin from the proceedings of the well-known Edmund Curll-the infamous, the dauntless, the shameless Edmund Curll. In 1720 died John Sheffield, Duke of Buckingham, a celebrated poet of that day; and in 1722 Curll published an advertisement in a London paper, called the Daily Journal, in which he announced that he intended to publish a libellous life of the deceased nobleman. In consequence of this, the family of that nobleman inter-others-printed for Edmund Curll, in posed, and caused a complaint to be made to that House on the subject. He found this stated in the Journals of the House of the date of the 22nd January, 1721-22, and the advertisement was read, announcing that the Life and Works, in prose and verse, of John Sheffield, Duke of Buckingham, together with a true copy of his last will and testament, would be published on a certain day named by Edmund Curll, over against Catherine-street. This person was summoned to the bar of the House, and ordered to attend next day. The Journals for the next day stated that the House being informed that Curll was in attendance, he was called in and examined as to the advertisement, and was ordered to withdraw. The House then came to this Resolution, "That it is resolved by the Lords Spiritual and Temporal in Parliament assembled, that any person presuming to publish the life, or will, of any deceased Peer, without the consent of his heir or executors, was

Rose-street, and sold by all booksellers. It was ordered by the House that the Gentleman Usher of the Black Rod should go and seize all the copies of the book, and that the said Edmund Curll, together with John Wilford, by whom the newspaper had been printed, do attend the bar of the House next day. The parties accordingly attended on the following day, and being examined, were ordered to withdraw. The Gentleman Usher of the Black Rod then reported to the House what he had done under their Lordships' order. He stated that he had ordered all the copies of the book found at Mr. Curll's house to be seized, and that he believed they might be 500 in number. A Committee was appointed, to whom the copy of the book presented by the Gentleman Usher of the Black Rod was referred; and Edmund Curll was ordered to attend the Committee. The Earl Delawarr brought forward the Report of the Committee in the House, and it appeared from it that

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