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dispensable preliminary to the due dis. I though the juniors were not. The Secrecharge of their duties. Therefore, he could tary of State's observations, therefore, not consent to the general denial of the in- were directed to the junior officers only. efficiency of the public service. It was no Upon the whole, it did appear obvious new charge of the desertion of public that it was impossible for persons having duty for the sake of their private pro- these private interests fully to discharge periy; and since the coffee plantations, their public functions consistently with there was a great complaint. Coffee plant. the engagements into which they had ing required constant attention, and the entered on being appointed to tbeir offices. cultivators were subject to the bankrupt Viscount Ebrington understood that laws. The prohibition commenced as there was a toll levied on the passage of early as the year 1813, and the civil of- Coolies from India to Ceylon. Some of ficers were required to take an oath not to the planters had presented a memorial on engage in any trade as principal or partner the subject to the Governor, representing unless licensed by the Government. In this tax as a most impolitic measure. It 1834, a question arose as to the cultiva- besides acted as a great hardship on the tion of cinnamon, which was not more of Coolies themselves, as these poor people a trade than the cultivation of coffee, and were often reduced to the greatest sufferso far from there being a relaxation there ing in their efforts to evade it. was a minute published by the Governor, Dr. Bowring said, that every encouragestating that he had received authority to ment had been held out by the Governexplain that there would not be in any ment to parties to make purchases of land respect a relaxation of the restrictions in Ceylon. There had been no voluntary against trading. In 1835, the coffee plant- emigration to that island until it was ening began, and in 1836 the former minute couraged by the Government. Considerwas republished. With regard to the pui- able sums of money were then invested in chase of cinnamon, but not with reference land, and when these speculations were 10 the growing, the complaint was, that entered upon by the civil service there had remittances could not be made home ex- not been a single word of disapprobation cept in cinnamon, and it was allowed to uttered. In fact, the language of the Go. save Bills; and the prohibition was con- vernment all through was the language tinued against growing, and had never of encouragement. But, suddenly, these been relaxed by any Secretary of State Gentlemen had incurred the displeasure from that time to this. Sir R. W. Horton of the Colonial Office, and not only were was most distinctly opposed to the practice they divested of their lands, but a sort of of allowing coffee growing; and great evils opprobrium was attached to them. It apresulted from it. But he need not argue peared that instead of one year, as at first the impolicy, as the hon. Gentleman as announced, they were now to have two sented to the propriety of the prohibition, years to dispose of their property; but that and only objected to the manner in which would, after all, make very little difference it was enforced. The manner in which it in their case, as they could have no chance was done was this :- The despatch was of obtaining the full value of it as long as sent in confidence to the Governor, and the purchaser knew that the sale was comreferred very much to individuals, and it pulsory. The lands might, in a word, be ended with giving a summary to the Go. considered as being in the hands of a vernor, not with the view of publication; bailiff, to be sold by a certain time, no and he was
as much astonished as the malter at what terms. He thought the hon. Gentleman when he saw the publia Government ought to prevent the evil for cation of the minute. The main cause of the time io come, but not to do wrong in the evil was a very unwise reduction made correcting that which arose in the time in 1833 by the Commissioners, who seem- past. ed to consider that the whole object was Mr. Aglionby said, he thought the a reduction of expenditure. The aboli- hardship of the case had been aggravated tion of the pension fund, and other by the speech of the hon. Gentleman the causes, materially affected the condition Under Secretary for the Colonies. These of the service. That cause had, how gentlemen ought not to be under the imever, been for years in operation, and did putation of having broken their oaths, for not apply to the senior civil servants, who having merely cultivated their private were still entitled to the pension fund, estates, under the sanction of the Go
vernment. He hoped in future, when in- ture. He trusted, however, that a more
a structions were sent forth from the Colo- salutary and judicious plan would be taken nial Office, they would be in some way in- for removing the dissatisfaction produced telligible.
by increasing the salaries of these officers Mr. Hope said, he would be sorry to on a fair and equitable system. He would charge these gentlemen with any inten- remind the Government that the greatest tional departure from their oaths, and he Governor of any province that England did not think his words would bear that ever had-namely, Lord Cornwallis-on construction.
finding a corrupt civil service in India, Mr. C. Buller said, he understood the adopted a concilatory tone towards them, hon. Gentleman to have quoted the words and his first act was to raise them over all of the oath as a justification of the course ordinary temptations to corruption, by taken by the Government. It was quite raising their salaries to sufficient amount. clear that a number of gentlemen con. Mr. Tufnell replied, and remarked that nected with the civil service in Ceylon had the clergy of the Established Church, and been in the habit of investing money in the bishop who had just gone out there, estates. He would not go the length of were allowed to purchase property to any saying that no public officer in a Colony extent. like Ceylon should hold land, though he Mr. Hope said, it should be borne in thought that in a new Colony, where the mind that the clergy of the Established Government possessed all the unsold pro- Church were not so much under the power perty, it would open the way to jobbing if of the Government as might be supposed. they were allowed to make investments in Subject dropped. landed property. In an old Colony, how- House went into Committee of Supply ever, the case was different, as, if public pro formâ. officers were induced to invest their savings House to sit again on Monday. in land, they would acquire an increased Mr. Bouverie moved, that the Report of interest in the prosperity of the Colony. the Committee on the Death by Accidents There was, however, a difficulty in decid- Compensation Bill be brought up. ing where the line between the two classes The Attorney General opposed the Moshould be drawn. But it was clear that in tion. Ceylon all the civil officers had, with the
he The House divided : — Ayes 7; Noes sanction of the Government, been engaged 39: Majority 32. in investing any money they might have Bill accordingly lost. in the purchase of land; and be much House adjourned at a quarter to two questioned the justice of the peremptory
o'clock. order which was issued, compelling those men, who were to be regarded as innocent, HOUSE OF LORDS, to sell iheir property within a given time, and whether that time was fixed at two
Monday, July 28, 1 845. years or at six months, he thought in MINUTES.] Bills. Public.—1«. Taxing Masters, Court of
Chancery (Ireland); County Rates; Real Property (No. either case it was a great hardship 10 men who for the last ten or twenty years em- 24. Railways (Selling or Leasing); Bills of Exchange, barked their fortunes in this kind of pro
etc.; Bonded Corn; Testamentary Disposition, etc. ;
Criminal Jurisdiction of Assistant Barristers (Ireland); perty with the conoivance anu countenance Stamp Duties, etc. ; Militia Pay; Land Revenue Act of the Government. He had the pleasure
Amendment; Lunatics; Compensations,
Reported. --Poor Law Amendment (Scotland); Lunatic of knowing for many years the present
Asylums (Ireland); Drainage (Ireland); Highways. Governor of Ceylon — Sir Colin Camp- za. and passed : — Unclaimed Stock and Dividends ; bell, and a more amiable and kind-hearted Spirits (Ireland); Excise Duties on Spirits (Channel
Islands). man did nol exist, and he was sure he
Private.--14. Leeds and Bradford Railway (Mistake Recwould be quite incapable of using any tifying) hardship or severity towards the civil of qa. Brighton, Lewes, and Hastings Railway (Hastings, ficers of his own accord.
Rye, and Ashford Extension); Darby Court, Westmight, he was sure, have been applied Reported.--South Wales Railway; Monmouth and Herewithout the use of the strong terms that
ford Railway; Glasgow Junction Railway; Guildford,
Chichester, and Portsmouth Railway; Brighton and had been applied in this case. The hon.
Chichester Railway (Portsmouth Extension); Direct Gentleman seemed inclined to repair the London and Portsmouth Railway; Duddeston and Nemischief by showing that the applica
chells Improvement; Erewash Valley Railway; Glasgow,
Barrhead, aud Neilston Direct Railway; Manchester and tion of censure was of a very partial na- Leeds Railway.
31. and passed :—-Birmingham and Gloucester Extension guilty of a breach of the privileges of that Railway (stoke Branch); London and South Western
House." Curll was then reprimanded Railway; South Eastern Railway (Greenwich Extension); South Eastern Railway (Tunbridge to Tunbridge by the Lord Chancellor for allowing the Wells); Gravesend and Rochester Railway ; Rothwell advertisement to be printed, and also for
Prison ; Shrewsbury and Holyhead Road, PETITIONS Presented. By Duke of Buckingham, from bidden to publish the work. Io the course
Clergy and others of Aylesbury, for Abolishing Punish of the proceedings upon that occasion, a ment of Death.-—By Bishop of Norwich, from Rother-Committee was appointed; but he could field, and several other places, for the Suppression of Intemperance, especially on the Sabbath.
not find that ihal Committee ever made
any Report to the House, though he had Deceased Peers.] Lord Campbell made diligent search on the subject. On the said, that he should take the opportunity 31st of January following, the matter was, of calling the attention of the House to a however, again taken into consideration, subject of one of the Standing Orders, and the Resolution was duly passed as a No. 113, with respect to which he had Standing Order. That was the Order given notice. The Standing Order was now appearing on their Lordships' Books, to the effect, that any person presuming and which had remained in force to this to publish the works, or life, or will, of hour. He found that the Order was not any deceased Lord of Parliament, without intended to remain as a dead leiter, for an the consent of the heir or executor of attempt had been made to enforce it in such Lord, should be deemed guilty of a the year 1735. In that year the same breach of the privileges of that House. He Edmund Curll issued another advertiseshould best discharge his duty on that ment, which was published in the daily occasion by referring to the history of the journals, and which gave great alarm to Standing Order. It took its origin from the Members of their Lordships' House. the proceedings of the well-known Ed-On the 12th day of May, 1735, this advermund Curll--ihe infamous, the dauntless, tisement was brought under the notice of the shameless Edmund Curll. In 1720 the House. It was published in the Daily died John Sheffield, Duke of Bucking- Post Boy, and was to the effect that ham, a celebrated poet of that day; and in there had been just published Mr. Pope's 1722 Curll published an advertisement in literary correspondence for thirty years, a London paper, called the Daily Jour- namely, from 1704 to 1734, being a col. nal, in which he announced that he in- lection of letters written by him to the tended to publish a libellous life of the right hon. the Earl of Halifax, the right deceased nobleman. In consequence of hon. the Earl of Burlington, and many this, the family of that nobleman inter- others-printed for Edmund Curll, in posed, and caused a complaint to be made Rose-street, and sold by all booksellers. to that House on the subject. He found It was ordered by the House that the Genthis stated in the Journals of the House tleman Usher of the Black Rod should go of the date of the 22nd January, 1721-22, and seize all the copies of the book, and and the advertisement was read, announc- that the said Edmund Curll, together with ing that the Life and Works, in prose John Wilford, by whom the newspaper and verse, of John Sheffield, Duke of had been printed, do attend the bar of Buckingham, together with a true copy the House next day. The parties accordof his last will and testament, would be ingly attended on the following day, and published on a certain day named by Ed. being examined, were ordered to withmund Curll, over against Catherine-street. draw. The Gentleman Usher of the Black This person was summoned to the bar of Rod then reported to the House what he the House, and ordered to attend next had done under their Lordships' order. day. The Journals for the next day stated He stated that he had ordered all the that the House being informed that Curll copies of the book found at Mr. Curll's was in attendance, he was called in and house to be seized, and that he believed examined as to the advertisement, and they might be 500 in number. A Com. was ordered to withdraw. The House then mittee was appointed, to whom the copy came to this Resolution, “ That it is re- of the book presented by the Gentleman solved by the Lords Spiritual and Tem- Usher of the Black Rod was referred ; poral in Parliament assembled, that and Edmund Curll was ordered to attend any person presuming to publish the the Committee. The Earl Delawarr brought life, or will, of any deceased Peer, without forward the Report of the Committee in the consent of his heir or executors, was the House, and it appeared from it that
this was an illegal seizure, that no letters Jory of a deceased person, and a very refrom any
deceased Peer was contained in markable action of that kind was iried the publication, and that the Committee in the early part of the reign of George II. did not think it contrary to the Standing He considered this Standing Order one Order,and they therefore recommended that having a strong tendency to bring into The books which had been seized, should disrepute the necessary privileges of their be restored to Edmund Curll. The Report Lordships' House, and be, therefore, begwas read by the clerk attending the House, ged to move that it be rescinded. and agreed to, and the books were given Motion agreed to. back to the publisher. He was not aware Standing Order, No. 113, vacated. that ihere had been any other seizure under this Standing Order, though there COMMONS' ENCLOSURE BILL.] On had been many lives of deceased Peers che Motion of Lord Stanley, the House and of deceased Prelates, Members of resolved itself into Committee. their Lordships' House, published on On Clause 1 being read, various occasions, without the leave Lord Portman complained that under of the friends or representatives of the the clause, the entire control of the comdeceased parties. His noble and learn mons to be enclosed would be given to ed Friend, who, he regretted to per- the First Commissioner of Woods and ceive, was not then present (Lord Bron- Forests; and when the Drainage Bill
passgham), had published lives, powerfully ed, the whole landed property of England and ably written, of several deceased would be under the control of the GoMeinbers of that House, more especially vernment of the day. He thought, that of Lord Chatham and Lord North, and he either the Chairman of the Woods and had no doubt without the consent of the Forests, or the other unpaid Commissioner, heirs and representatives of those noble. who was not named in the Bill, should be men. He (Lord Campbell) had also em- struck out, as he had no doubt but that ployed many laborious hours, without, he the latter would also be immediately conhoped, incurring the censure of that nected with the Governmeni. House, in writing the lives of the prede- Lord Stanley said, the House of Comcessors of his noble and learned Friend mons had thought proper to send up the on the Woolsack, both spiritual aod tem. Bill with provision for only one paid Com- . poral.
missioner, and if but one unpaid ComThe Lord Chancellor : Not down to missioner were appointed in addition, the the present time, I hope.
two Commissioners would not be able to Lord Campbell said, he hoped many work as satisfactorily, in case of differyears would pass before any one could ences among themselves, as a Board conhave an opportunity of writing the life of sisting of three Members. These Comthe present Lord Chancellor as a deceased missioners would not have so much power Peer. Curious enough it was, that the as the noble Lord supposed. All they Standing Order did not apply to his noble had to do was, in the event of a certain and learned Friend, for any body might number of persons interested in the entake such a liberiy with him. The Stand-closure, making an application to them ing Order did not apply to the life of any for the purpose, first to make inquiry, and except a deceased Peer. In fact, it only they were then empowered to frame a followed the rule de mortuis nil nisi scheme or draft bill of the enclosure. bonum. It must, if enforced, serve as an That scheme was to be referred to the entire prohibition against writing the lives parties interested in the inquiry, and unless of some Chancellors. For instance, St. these assented to the proposal of the Swiihin had been Lord Chancellor 10 Commissioners, then the whole matter King Ethelbert, and St. Thomas A'Becket fell to the ground. Even if the parties was also Lord Chancellor of England, and did assent, the subject should then come who the heirs or personal representatives before Parliament. The main object of of these deceased Members of their Lord. The Bill was to save expense, and he ship’s house might be, he had been un- thoughi, under the circumstances, that able to discover. Besides, he considered some one of the Commissioners ought to the Standing Order unnecessary, inas- be a responsible Minister, who would be much as the law allowed an indiciment to answerable to Parliament for what was be laid for a libel reflecting on the mem- done,
Clause agreed to.
during the recess. He admitted that the Clauses, up to Clause 11, agreed 10. state of the Poor Law in Scotland was On Clause 12 being read,
most objectionable, and, above all, that Lord Stanley moved the omission from part of the law with reference to pauper the clause of the words
and criminal lunatics. That most impor. “That no royal forest, or any part thereof, the medical relief of the poor, he greatly
tant portion of the Bill having reference to shall be deemed common land under the pro-approved of. He was satisfied that it was visions of this Biil,”
for the interest of the poorer classes that For the purpose of inserting the words- there should not be too lavish a measure of
“No part of the New Forest, in Hampshire, relief for the destitute poor, for by so doing, or of the Forest of Dean, shall, &c."
a strong stimulus to exertion was removed. He proposed the alteration, because he
There were some persons who thought that understood there were forest lands in every ill affecting humanity could be resome parts of Wales that might be ad- moved by the Legislature ; but this was vantageously brought under ihe provi merely chimerical
. To offer inducements sions of the Bill.
to a young man and young woman, with. The clause as amended agreed to.
out any means, to marry at an early period Clauses 13, 14, 16, 17, and 18, agreed children as their fecundity would furnish,
of life, and to bring into the world as mang to. Clause 15 postponed.
was a principle which was most objection
able, and to which he never could give his Clase 19 was agreed to, after some
These early marriages had been discussion between Lord Stanley, Lord productive of one of the evils under which Portman, Lord Cottenham, Lord Lynd- Ireland suffered, and any checks to so great hurst, and Lord Camoys, as to the mode an evil must prove salutary. There were in wbich the interests of infants were to some of the clauses of the Bill which he be represented in cases of enclosure.
was satisfied would give rise to considerClauses 20 and 21 agreed 10.
able litigation, and would cause an Clause 22 was postponed at the in- mous expenditure. Those parts of the stance of Lord Campbell, as it was found- measure having reference to the Law of ed upon the supposition that the existing Settlement were also open to objection. law had been violated.
Some parts of the Bill, also, would fall The other clauses agreed to, with a few rather heavily on English persons taking verbal Amendinenis.
up a temporary residence in Scotland. Vo
luntary assessment formerly existed to a Poor Law AMENDMENT (SCOTLAND) considerable extent in many parts of Scot. Bill] The Duke of Buccleuch, in moving land; but they might depend upon it, that the House do now resolve itself into under the operation of this Bill, that they Committee, adverted to the Report of the would be got rid of altogether. It might Commissioners of Inquiry on this subject, be held that all property liable to the detailing the present state of the law and Property Tax ought to be made liable to its administration. It was well known that this tax also; but at present they had no the present provision for the relief of the rule whatever. The noble Duke was poor in Scotland was very inadequate; an wrong in supposing that this Bill would inadequacy not arising from any want of not alter the existing law, as there were to charitable disposition among the people, be three new modes of assessment introbut from the defects of the machinery cre- duced under it, and there would be agitaated for carrying out the law. In providing tion and disunion produced in every parish for the more effectual relief of the poor, it in Scotland, in tixing on which particular was not intended to alter the principle of mode they should select. One of the most the present law; the Bill was framed in gross instances of injustice which the Bill accordance with the evidence taken before would inflict, would be in cases where Eng. the Commissioners, and he believed was lishmen had a temporary residence in Scotregarded with general favour in Scotland. land. In every such case, all the property
Lord Campbell allowed that there was which the individual possessed in any part in the Bill much that was good ; but still of the world would be liable to assessment thought might be better; he in the parish in which he resided. de would, therefore, suggest that it should trusted, therefore, that the Government stand over, so that it might be improved would introduce some provision to guard