903] HOUSE OF COMMONS, Motion respecting the Grant of certain Pensions. [90 his observations to that pension which was granted out of funds included in the com- meritorious servant of the public, Mr. Sir J. Beresford bore testimony to the great benefits which were derived from the use of colonel Congreve's rockets, as he had himself witnessed in actual service. stating the circumstances of the Petition, and leaving it to the judgment of the House to determine upon what course ought to be pursued. He begged leave, however, to say, that he was in no manner influenced by the feelings which actuated the petitioner, who was goaded and stung, no doubt, by a deep sense of injuries which he believed himself to have sustained. Who was the petitioner? Not an obscure, not an ignorant individual; not a person, who, from his condition in society, or his conduct, was likely to be disaffected to the Government; but a gentleman educated to the bar in this country, and selected by the Crown as a fit person to execute the duties of an important legal appointment in one of our most important colonies. He understood that he owed his appointment to the late Mr. Windham, a patronage which, of itself, was sufficient to confer no mean dignity. He understood, from the Petition, that Mr. Firth went out in 1808, at a considerable ex Mr. H. Martin in reply stated, that his reason for abstaining from bringing forward any motion earlier, respecting the particular pension which had been alluded to, was because he thought the Report of the Committee of Public Expenditure would have effectually checked all such grants; but when he found two other pensions granted, of precisely a similar description, he thought it right to bring the whole subject under the notice of the House, lest the thing should, at last, swell into an intolerable grievance. With regard to the Post-office revenue, that was distinctly commuted upon the accession of his present Majesty, and the Crown, therefore, had no right to charge pensions upon it. As to what had fallen from the hon. gentleman respecting the application to that House in the way of estimate, for its concurrence, if he was correctly informed, that pension had been paid to the individual for at least ten years, out of different offices, and which they were now called upon to continue. He apprehended, how-pense, to take possession of his office. ever, that the constitutional way of granting a pension, was not by foisting it into an estimate, but by a message from the Crown. The hon. gentleman said, that the seat of colonel Congreve in that House was not affected by his pension, because it did not come within the meaning of the statute of Anne; but upon the above points, and especially the latter, he differed from the hon. gentleman. What was the intention of the Parliament that passed that Act? To prevent the extension of the influence of the Crown, not surely so far only as related to granting pensions from the Civil List, but in every other way. Was it probable, indeed, that Parliament would leave the Crown in possession of numerous offices, with the power to grant pensions upon those offices in any manner, except from the hereditary revenue? He apprehended, therefore, that the hon. gentle man was a little incorrect in his view of the effect which the pension ought to have upon the seat of colonel Congreve. It Shortly after his arrival, governor Gore thought proper to let loose a number of petty vexations against Mr. Firth, and which continued during the last two years of his residence in that province. Those minor persecutions were not indeed exactly specified in the Petition; but it did not require any very deep knowledge of human nature to know that the combined effect of a series of petty mortifications, incessantly repeated, was often as great, and greater, than that produced by persecutions of greater magnitude and severity. did appear, however, that the grievances complained of, were not all of that minor description. A plan was devised to get rid of the Attorney-general, by depriving him of the emoluments of his office; and in order to accomplish this, he was prevented, by governor Gore, from carrying on various public prosecutions, by which his income was diminished one-sixth, and all the dignity and efficiency of his office abolished. Another mode of persecuting him was also resorted to. When, froma some peculiar circumstances in which the province happened to be placed, no serMOTION RESPECTING THE PETITION OF vants except soldiers could be procured, MR. FIRTH.] Mr. Marsh rose, pursuant a special exemption of the Attorney-geto notice, to move that the Petition of Mr.neral, as entitled to a servant of that deFirth, his Majesty's Attorney-general in the province of Upper Canada, be referred to a select committee, to inquire into its allegations, and report thereon. He said he should content himself with merely The House then divided, when the numbers were-Ayes, 13; Noes, 71. scription, was made by governor Gore, and he was reduced to the necessity of performing all the menial offices and drudgery of domestic life himself. Here again he begged to remind the House, that he did not state these things as facts, Sir J. Beresford spoke strongly in bebalf but merely as allegations contained in the of general Gore's character and conduct, Petition, brought forward by a man who both as governor of Bermuda, and in his had held a bigh station, and, prima facie, present station. On his arrival in this a therefore entiiled to belief. They were country, he was asked if he knew any such, in his opinion, as ought to produce reason why governor Gore had dismissed inquiry, not only that the character of the Attorney-general, and his answer general Gore might be vindicated, if he was, that before he left America there was was innocent, but that the shame and not a voice in that country which did not disgrace of having made such allegations, say that governor Gore had done right, might fall with tenfold aggravation upon and that it was impossible the colony the head of their author, if they were could go on with such an Attorney-gefalse. There was another most important neral. He was sure general Gore had charge in the petition, in so far as it went acted from the most honourable motives. to the declaration of a serious change Mr. W. Smith said, he could not suphaving been introduced into the adminis- port the motion for inquiry, and he would trative justice of the country. It appear- state his reasons why he could not. With ed that a very mysterious case of child- respect to the petitioner, he knew him murder bad occurred in that province, well and long; he believed bim to be a into which the Attorney-general thought man of strict integrity, and he was sure it his duty to inquire; but during the the Petition did not contain a single allepreliminary investigation which he insti- gation but what he believed to be well iuted, general Gore interfered, and ex- founded. When he returned from Capressing his aversion to the inquiry, or- nada, he requested him (Mr. Smith) to lay dered it to be stopped. In consequence a memorial before the Secretary of State, of that proceeding, and being besides worn which, after reading it, he did, together out and wearied with these multiplied with as strong a recommendation as he persecutions, Mr. Firth applied for leave felt himself justified in using. That meio relurn to England, which was not morial procured to him a certain degree granted; but his residence in the province of relief as to certain points which were became so utterly impossible, that he was urged in it: but that relief did not satisfy obliged to leave the country without ob- him, and he then requested him to present taining the consent of Government, and his Petition to the House. Upon looking he now applied to the justice and com- into the Petition, however, and finding passion of that House for redress. Such the allegations extremely vague, and many were the allegations contained in the Pe- of them such as must have existed in the tition; and ihey were of a description imagination only of the petitioner, he told which must make general Gore himself, him he could not undertake to present it, and his friends, anxious for an inquiry, unless he also felt disposed to move somethat they might be repelled, if unfounded. thing like an impeachment against the In presenting the Petition to that House, Secretary of State, for not paying more he had reluctantly undertaken a task attention to the first memorial, wbich he which he was far from seeking, because certainly was not inclined to do. Upon it was an unpleasant thing to appear as those grounds, therefore, he should feel it the accuser of any man without knowing his duty to vote against the motion. all the merits of a case. He had, how Mr. Forbes said, that the conduct of ever, long been acquainted with the peti- governors, both in the West and in the tioner, and he could vouch for his general East, was often such as would stamp their honour and integrity of character; and characters as petty tyrants. To them he should have been subject to the re might well be applied what Buonaparté proach of his own feelings and conscience, addressed to certain of his generals--that if he had deserted an old and early friend by being made governors their brains were by refusing to present his petition when turned. He had often witnessed such he stated that he had been seriously ag- persons as he had just described, and was grieved. He should conclude with 'mov- proceeding to lament that a notice entered ing, “ That the Petition be referred to some time ago on a similar case had not the consideration of a Committee, to exa- been pressed on the House, when mine the matter thereof, and report the The Speaker interrupted him, by obsame, as it shall appear to them, to the serving that he was wandering from the House." question. Mr. Forbes resumed, and declared his entire concurrence in the motion; at the same time hoping, that, on an inquiry, the allegations in the Petition would be satisfactorily explained. Mr. Goulburn could not accede to the proposition, although perfectly satisfied that nothing could afford general Gore more sincere pleasure than having an opportunity afforded him to bring forward the many proofs of innocence of which he was possessed. But, notwithstanding this circumstance, the House should in all cases act on public principles, without any regard to the individual feelings of those concerned. He said, that if on every trifling complaint an inquiry should be instituted to investigate grievances, either imaginary or true to a small extent, no other business could be transacted in that House. Mr. Firth, he would acknowledge, was a man of high respectability; but if his elevated situation was a presumptive argument in favour of his allegations, it was but fair to allow general Gore to derive a similar advantage when objecting to them. General Gore was chosen by Mr. Windham to fill his high and arduous situation-not from private or party reasons, but from the experience of his former government, which was well administered. At the time of his being sent to Canada, the colony was a scene of angry confusion, which was soon appeased by his authority. He then alluded to the charge made in the Petition against general Gore, as if he had hushed up a crime so heinous as child-murder. This charge required a distinct statement of the facts. The wife of a soldier in the 100th regiment was delivered of a child, whose death she attributed to the surgeon of the regiment. The case was investigated by the magistrates of the district in which it was said to have occurred. On this investigation Mr. Firth intruded, but was not permitted by the magistrates to be present during its continuance. The case appearing clear to them, the surgeon was dicharged, and his exculpation read in the general orders at the head of the regiment-not as a violent attack on Mr. Firth, but as an act of justice to the gentleman concerned. Mr. P. Moore stated, that the petitioner was ready with witnesses to prove all the allegations in the Petition. Were he in governor Gore's situation, he should strenuously urge his friends to institute an inquiry into his conduct. The case of Mr. Firth was not singular. He had in his possession a variety of other cases. Among them was one of a gentleman, Mr. Wyatt, who was almost as dear to him as a son. Mr. Wyatt had been appointed Surveyor-general of the province of Upper Canada, and by his commission was rendered wholly independent of the Governor, being directed to communicate immediately with the Treasury. Mr. Wyatt had gone on for a considerable time in surveying the province, and in the more difficult task, the location of it, when Sir C. Burrell spoke to order. The hon. member, he said, was going into statements which had nothing to do with the question before the House. The Speaker observed, that in strict order the hon. member must confine himself to the allegations of the Petition. Mr. P. Moore resumed. He said, that it appeared, that when governor Gore arrived in Upper Canada, all was harmony and conciliation, but that shortly after the different public officers were turned out to make way for persons of his selection. Thus Mr. Firth was replaced by a youth. Mr. Wyatt having refused to appoint a deputy of the governor's choosing, was dismissed in three days. The governor made every effort to reduce his government to a simple despotism. The Judge, the Attorney-general, the Sheriffs, all suffered. Even the Speaker of the Lower House had been so intimidated, that, on a proposition for an address to remove the Governor, he gave the casting vote in favour of the Governor; an occurrence which he thought would not have happened in the British Parliament. There was another instance-[Order]. The Speaker reminded the hon. gentleman that he must confine himself to the question before the House. Mr. P. Moore concluded by observing, that it was for the honour of governor Gore, that an inquiry should be instituted. Lord Castlereagh concurred with his hon. friend near him in the opinion, that no case of this nature should be gone into, except where such corruption or oppression appeared as called for the high jurisdiction of Parliament. The case had been successively before three secretaries of state-himself, lord Liverpool, and lord Bathurst; who all entertained the same opinion of the high character of governor Gore, and of the unsupported character of the charges adduced against him. With respect to Mr. Wyatt, in advising his re moval from Upper Canada in consequence of his differences with the Governor, he had accompanied that advice to the Treasury with a representation that there was nothing whatever in that gentleman's conduct which ought to prevent his being employed in some other colony. With respect to governor Gore, he had been selected for his great ability and integrity, and placed in Upper Canada by Mr. Windham. He knew nothing of him except officially; but thinking that his government was unfairly embarrassed by the interference of individuals, he had thought it his duty to interpose. If Parliament were to be called upon to inquire into all the little cases of difference arising in the colonies, no governor could return to this country without the occurrence of a multitude of applications similar to the present. Mr. Benson, from the long intimacy he had with governor Gore, was unwilling to give a silent vote upon this occasion; but from what had fallen from the noble Secretary of State, and the Under Secretary of State for the Colonial department, it would be unnecessary for him to trespass on the House at any length. Had the hon. Secretary for the Colonial department been induced to entertain the motion for referring the Petition to a committee, he should have been prompted to a full investigation of the allegations of this extraordinary Petition. As to the memorial which the hon. member for Coventry (Mr. P. Moore) had stated to have been sent over from some of the inhabitants of Upper Canada, thanking his royal highness the Prince Regent for the recall of general Gore from his government, he (Mr. Benson) was not disposed to dispute its existence; but he was perfectly aware of the class of people from whom such memorial came:-as well might this country judge of the true sentiments of the Joyal inhabitants of the good cities of London and Westminster, by a memorial from the worthies of Palace-yard, as to decide by the memorial alluded to by the hon. member for Coventry, of the sentiments of the respectable body of inhabitants of Upper Canada towards governor Gore. In order to draw the true contrast, he would, with the permission of the House, read part of the Address of the House of Assembly of Upper Canada, unanimously voted to governor Gore on his leaving that country, when his influence there might be considered at an end.-He then read the following Extract from the Address referred to:" May it please your excellency-We his Majesty's dutiful and loyal subjects, the Commons of Upper Canada, beg leave to assure your excellency of our approbation of your excellency's administration of the government of this province, which, since your arrival among us, has increased in wealth, prosperity, and commerce, far exceeding our most sanguine expectations, aided by your wise and liberal exertions to promote the same."-From his long intimacy with governor Gore, he considered him incapable of an act of oppression, or an illiberal sentiment. Mr. Gordon stated, that he had in his possession a letter in the hand-writing of the noble lord, in which he expressed himself perfectly satisfied with Mr. Wyatt's conduct. Lord Castlereagh said, that he was perfectly satisfied with Mr. Wyatt's conduct in his situation; but that he thought his conduct towards the Governor ill-judged, to say the least of it. Mr. Marsh, in the course of a short reply, observed, that he had never heard, until that moment, that Mr. Firth's petition had been offered to the member for Norwich, the suffrage of whose intelligent mind against it almost shook his own opinion. Still, however, he maintained, that if any one member in the House entertained sentiments unfavourable to governor Gore, it would be to the governor's honour to have the case fully investigated. The motion was then negatived without a division. HOUSE OF LORDS. Wednesday, June 21. The FOREIGN SLAVE TRADE BILL.] Earl of Westmoreland again repeated his objections to the Bill, and concluded by moving for a committee to examine what was the nature of the jurisdictions for the trial of offenders, and what prosecutions had been carried on under the former Act. The Marquis of Lansdowne said, that the noble lord had for the third time stated the same objections in the same phraseology; and, therefore, he need only say, that if the present motion had for its object to defeat the passing of the Bill this session, he could not agree to it. The Earl of Liverpool also objected to the motion, as it was understood that the Bill was to be re-committed. |