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strike promptly, to strike effectively.Mr. Western then said, that he would not anticipate objections that might be possibly urged against a more frequent delivery of the gaols; nor would he attempt to point out the means by which it was to be effected, and which he thought was the business of the executive to devise. It might very probably be remarked, that such additional duty would require an augmentation of the number of the judges; that such would be the case, he thought extremely probable. But, if it was necessary, was that an objection? He was of opinion, that the vast increase of business did require an augmentation of the number of the judges. He had no hesitation in saying, that he was also decidedly of opinion that their salaries should be augmented likewise, though the salary had been increased so late as the 49th of the present king, yet it was quite inadequate to the character and duties of the high and important situations which they held. As to the idea of throwing more weight of the business upon the quarter sessions, it was what he certainly did not approve. The sessions had, last year, tried upwards of seven thousand prisoners, out of thirteen thousand. He did not wish to see the magistrates in their sessions take higher classes of offence than they did at present; indeed, at present, he thought they went quite far enough in that respect-four hundred and forty-eight persons were transported by the sessions last year. The burthen of their duties were already, in some places, beyond what the magistrates could well get through; and, if these were to be increased, we should be obliged soon to have pensioned chairmen upon every bench in the country, and which, above all things, he should most deprecate.-He concluded by moving,

tions, it appeared that seventeen only were classed or divided according to law; ninety had only two divisions, merely to separate males from females; fifty-eight had only three; fifty-one, four; nineteen, five, and so on; seventeen only being classed or divided according to the regulations of that statute. In the return it was also stated, that one hundred and ninety-four could not increase the number of their divisions without new buildings, or incurring great expense; others might, with comparatively small expense; and many others were either altering and improving their gaols, or were under directions and orders for that purpose. That same statute gives directions for materials to be found and prisoners set to work; but, in two hundred and seventyfour of the prisons no work at all was done; in sixty-four some work was done. And in some few of those sixty-four a considerable deal had been accomplished. He did not wish to see palaces for prisoners; but the prisons should be airy and healthy, with hard fare and hard labour, and ample means of separating the different characters and shades of guilt. He entreated the House to consider, that if the great work was to be accomplished, to which in fact they were pledged, of improving the gaols of the kingdom, of reforming the present management, and establishing a better discipline, that the measure he proposed would materially aid the accomplishment of their object, by immediately reducing the number of prisoners, for whom accommodation was to be found; and would be essentially useful in various other ways. By diminishing, as much as possible, the duration of imprisonment before trial, the danger of corrupting the innocent, or the young offenders, would be more than proportionally diminished. It was only by the means which time afforded, that the work of corruption and debasement could be accomplished. The first effect of imprisonment might be as salutary as it was painful; but time soon wore away the first impression, and then the effects of example and vicious association began to operate in full force. The mind became paralysed; habits of idleness were easily formed; the character changed altogether; and the unfortunate beings, thus corrupted and debased, were turned loose again upon society, to contaminate and corrupt others. Besides which, the efficacy of the law was lost, by its tardy operation. The hand of justice must (VOL. XL.)

"That an humble Address be presented to his royal highness the Prince Regent, humbly to represent to his Royal Highness, that this House has taken into its serious consideration_the returns of prisoners tried in the last Lent assizes, in England and Wales, which, in consequence of an address of this House, his Royal Highness was graciously pleased to order to be laid before it; and further to represent to his Royal Highness, that it appears by the said returns, that, of the prisoners tried at the last assizes in England and Wales, exclusive of Middlesex, 405 were in prison before (3 Z)

the 1st of October last, which number was | and, therefore, under all these circumincreased to 1,270 before the 1st of stances and considerations, to entreat that January, and which was further increased his Royal Highness will be graciously to 2,700 at the commencement of the pleased to give directions that, according Lent assizes; that those of the first pe- to the provisions of the said statute of riod had consequently lain in prison from Edward 3rd commissions of gaol delivery six to eight months before they were may be issued three times a year, and brought to trial; those of the second pe- more often if need be; and that this riod from three to six months; and House will make good any expenses together accumulating the total number attending the same." beyond what the gaols are capable of containing; that this House cannot but feel, that, though the practice has now prevailed for a considerable number of years of delivering the gaols only twice a year, that yet so long an interval as that which occurs between the Summer and Spring assizes, and so long a delay of justice as necessarily follows therefrom, is productive of the most injurious and fatal consequences; that, without detailing the various evils attendant upon long imprisonment, and the obvious injustice of inflicting so severe a punishment before trial, this House thinks it necessary to observe, that it appears by the said returns, that a very large proportion of those prisoners, who have been actually convicted of felony, have been considered to be sufficiently punished by sentence of imprisonment for a shorter period of time than one-seventh of the total number have actually endured before they are brought before a jury of their country; that this House, adverting to the practice of former times, has seen, that in all those enactments on which the basis of the administration of justice is founded, that it has ever been a primary object of the laws to obviate the possibility of long imprisonment before trial; that, without reciting the different provisions that at different periods of our history have been enacted for this purpose, this House will only beg leave to point out and humbly to represent to his Royal Highness, that the statute of 4th Edward 3rd, c. 2, ordains, that good and discreet persons, other than of the places, shall be assigned in all the shires of England, to take 'assizes, juries, and certifications, and 'deliver the gaols at least three times in the year, and more often, if need be;' that if it was necessary to deliver the gaols three times a year at that period, that necessity is increased beyond comparison by the vast augmentation of the number of delinquents which has taken place in late years, and which this House has seen with infinite anxiety and regret:

The Attorney General contended, that the statute of Edward 3rd referred not to justices of assize, but only to justices of peace, and referred only to a gaol delivery with respect to those minor offences cognizable by the quarter sessions. If the hon. member wished that there should be a more frequent gaol delivery by the twelve judges who constituted the present judicial administration of the country, he could assure him that it would be impossible. There was no class of eminent public men whose duties were so constant, whose time was so completely appropriated to the discharge of their various important functions, as the judges of the land. Even in those occasional cases when what was called a Special Commission was issued, the regular and ordinary administration of justice was necessarily suspended. The hon. and learned gentleman paid a high compliment to the talents and devotion of the great body of gentlemen who as magistrates at the quarter sessions administered the criminal justice of the country with reference to minor delinquencies, and suggested that a great alleviation of the evils complained of by the hon. gentleman might be effected were those gentlemen to extend their public services, by making such an arrangement in their various adjournments, &c. as would enable them to hold a sessions eight, instead of four times in the year. Convicted, however, that a general gaol delivery could not more frequently take place, without an increase in the number of judges, a measure which he must long pause to consider before he could consent to its adoption, he felt it his duty to move the previous question on the hon. gentleman's motion.

Mr. Bennet observed, that all parties acknowledged the existence of the evil; the only difference was with respect to the remedy. He was not himself aware of the evils that would arise from increasing the number of judges, but he knew the evils that existed in the present administration of justice. He could not help

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thinking that government were to blame for not having themselves proposed some specific plan on a subject so pregnant with evils, especially in the Northern counties. He had known a case in one of these counties, in which a man had been imprisoned for eleven months, and eventually the grand jury ignored the bill against him. It appeared that some mistake had arisen in the circumstances which caused the commitment of that person; but although that mistake was soon after discovered, it was impossible to discharge him but in due course of law. This was certainly an extreme case, but other cases of great hardship were constantly occurring. He hoped his hon. friend would persist in his endeavour to give to the people of England what a good police required-that those who committed offences might be speedily brought to justice, and those who were innocent speedily discharged.

Mr. Bathurst said, the hon, gentleman who spoke last had mixed up with the subject of the present motion another which had nothing to do with it, namely, that of the Northern assizes. As the courts of law were at present constituted, it was impossible for the judges to afford to all England a greater number of gaol deliveries than was provided for by two assizes. This could only be effected by some alteration in the number or constitution of our courts of law.

Sir E. Knatchbull said, as this was a subject that required very great consideration, he hoped it would be taken up at some future period. He hoped the hon. member would withdraw his motion; that the attorney-general would also withdraw his amendment; and that government would, in a future session, take into consideration the various acts of parliament on the subject.

Mr. F. Buxton felt that some measure similar to that which was now proposed, was essentially necessary. If the hon. member for Essex should succeed in his object, he would do more to improve the morals of the country than had ever been done by a single individual.

The motion was then negatived.

COLONIAL ESTABLISHMENTS.] Mr. Hume rose to submit a motion to the House for a variety of returns relative to the newly acquired colonies of Ceylon, the Mauritius, the Cape of Good Hope, Malta, and the Ionian Islands. All the

old colonies, he said, were governed by colonial assemblies; but the newly acquired colonies, amounting in value to a very large proportion of our whole colonies, had this peculiarity attending them, that the government was carried on under the secretary for the colonial department, and that all affairs, however important, were carried on by the colonial governor, who was the only individual entitled to interfere under the secretary for the colonies. The House were not, perhaps, fully aware of the importance of these colonies, of the great revenue of each, and of their great expense to this country. Although the island of Ceylon had long been in the possession of this country, yet he was not aware that up to the present moment, any estimate of the revenue or expenditure of that island was yet in the possession of ministers. From the pecufiar manner in which the accounts respecting the colonies were kept, it was almost impossible for any individual to know what they cost. Large bills were drawn from the colonies on the government here, and these bills were not submitted to the House till a year or two after they were drawn. One thing was so mixed up with another, that it was impossible to know for what the sums for which those bills were drawn were expended. state of things ought not to have continued so long. During the war, when we were in a state of uncertainty, whether these colonies would be retained by us, some justification might have been offered for this system; but in the fifth year of peace, surely it was the duty of that House to see what was the real state of the colonies we had acquired, what was the expense incurred for them by this country, and if found too large, to consider in what way it might be reduced. It might be necessary to state to the House, as one cause of the peculiar interest which he took in this question, that he had himself visited each of these colonies, and that he had, both while there and since, obtained such information as warranted the inquiries which he now called for. By the estimates last presented to the House, it appeared that the total number of troops in our colonies amounted to 30,000 and between 3 and 400. The number of regular troops in Ceylon, the Mauritius, the Cape, Malta, and the Ionian Islands, was 10,240, being onethird of the whole of our military establishment out of England. The pay and

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clothing alone of this one-third cost 376,100%. without taking into account contingent expenses, the commissariat staff, and other ordinary and extraordinary expenses. The staff of the whole British army was 79,535.; the staff of the new colonies was 25,000l., being one-third of the whole British army. This seemed a very large staff indeed, when it was considered, that not a hostile naval flag waved to the east of the Cape of Good Hope; and that in case of hostilities, from the superior naval means at our command, we could always convey relief to our colonies before they could be endangered by any enemy whatever. In time of war he should be the last man to quarrel with an effective staff establishment; but in time of peace, when we could do so without risking the safety of the colonies, we ought to reduce these enormous staff establishments. Though it was impossible to attain perfect accuracy on this subject, he had been enabled to put down upwards of 900,000l., which ought to be placed to the account of these new colonies. When it was considered that the revenue of Ceylon was 640,456l., the Cape 229,4947., the Mauritius 206,860, Malta 114,4157., the Ionian Islands 120,000l.; making on the whole a revenue of 1,311,225.-when it was considered that this revenue was altogether unknown to this House, though he did not mean to say it was improperly applied, he submitted it as a most important constitutional question for the House, whether the individual who filled the office of colonial secretary, and the individual governors, should continue to have the uncontrolled distribution of upwards of 1,300,000l. a year, and nearly a million more of other expenses connected with it? Whilst in the old colonies there were councils to check and assist the governors, in these new colonies no check whatever existed. It became a question, whether the king in council were to continue to direct, without any local government of a senate, legislature, or council, sums of such an amount? Ceylon, under the Dutch government, paid to Holland a very large surplus income. He had every reason to believe that the Cape paid also a large surplus revenue; and that the Mauritius, after paying its expenses, yielded a surplus revenue. If that was the case under the preceding governments when these colonies were liable to attack from the most powerful naval power, great Britain-if they were

still able to protect themselves, to maintain internal tranquillity, and to guard against sudden attack from withoutsurely it was not too much to expect from his majesty's government, with such superior means always at command, that they should maintain these colonies at least without entailing any charge on this country. He wished to know why the expenses of the war in Ceylon were not laid before the House? On a former occasion, he requested the chancellor of the exchequer to state the nature of the account between the East India company, but he could receive no satisfactory answer. These accounts were balanced generally by two or three millions on each side, but the public ought to be made acquainted with them. It was known that from 3 to 4,000 of the company's troops had been sent from Bengal to Ceylon; those troops must be paid for. In common justice, government ought to relieve the East India company from this expense. Notwithstanding all that had been done at different times, the expenses incurred at Ceylon had been kept from the public eye. Unless a system of government, consistent with the principles of justice, and conciliatory to the inhabitants, was adopted, it would be impossible to keep that colony in our possession, unless at an expense of a most ruinous nature. It would be impossible to derive any benefit from the possession of that island, while an arbitrary system of government was pursued. If this had been done five years ago, an immense expense of blood and treasure would have been saved. If the regular returns were laid on the table, the House would be astonished to see the number of British lives, which had been sacrificed in the course of this war. He did not mean to impute any blame to the governor of that colony, but he condemned the necessity which had given rise to the harsh measures that had been adopted. He was anxious to impress the House with the value of this colony, with the greatness of its produce and the amount of its revenue, if properly directed; and also to point out the saving which by a different policy could be made to this country. A sum of half a million at least could be saved by reducing the military establishments of Ceylon, and those establishments could be reduced without danger to our interests, if the colony were governed on principles of justice and sound policy. He had five motions to make, each of which contained

his hand, which ought to be carried, if they wished to ascertain the financial situation of the Ionian islands. The House had as much right to make this inquiry as they had to inquire into the situation of Ceylon, or any of our other colonies. It was urged, that the Ionian Islands were an independent state; but, by the treaty of Paris, these islands were placed under the protection of this country by the 8th article of that treaty. The treasurer of those islands was directed to lay before the British government a monthly account of their income and expenditure. If there were no demands on this country for the military establishments of those islands, he would not propose this inquiry, but surely, when we were supporting 3,000 troops there, it was not too much to examine how the revenue was disposed of, and whether it was not sufficient to meet the expenditure, as was stipulated by the before-mentioned treaty. He would ask, whether the emperors of Russia and Austria, who were parties to this treaty, were inclined to bear any part of the expenses incurred to us from the Ionian Islands? No; the treasury of those islands paid nothing, but this country was obliged to pay in all a sum of near 100,000l. The hon. member then moved, for the production of accounts from the Ionian Islands, similar to those already ordered from Ceylon.

four resolutions. But as the resolutions
were the same with respect to each island,
he should merely state those which re-
ferred to Ceylon. They were for, 1. "A
return of the total revenue of Ceylon
within the last two years, distinguishing
the separate items under each head. 2. A
return of the whole expenditure of the
island, distinguishing the civil from the
military establishment, and the expenses
of the island from those incurred by the
British troops, and specifying the sums
paid by England beyond the revenue of
the island. 3. A return of the civil officers
who held salaries and emoluments to the
amount of 150l. and upwards during the
last
year; with the names of the parties,
specifying those who were natives from
British subjects; those who held more
than one office; and those who performed
the duties of their offices by deputy. 4.
An account of the military staff of the is-
land during the last year, specifying the
emoluments of the officers, and distin-
guishing British from native officers."
These accounts would enable the House
to judge how far the recommendation of
the finance committee of 1818, respecting
our newly acquired colonies could be car-
ried into effect. The resolutions respect
ing the Mauritius, the Cape of Good
Hope, Malta, and the Ionian Islands,
were precisely of the same nature with
those he had just mentioned.-On the first
resolution respecting Ceylon, being put,

The first resolution was negatived without a division. Mr. Hume then moved for an account of all monies expended by this country on account of the Ionian Islands, during the last two years. -Ordered.

Mr. Goulburn said, he had already signified his readiness to accede to the motion as it regarded our colonies, but he could not accede to such an inquiry into the financial situation of the Ionian Islands. Those islands had a legislature of their own, totally independent of this country; WAYS AND MEANS-MALT DUTY.] and the Crown had no more right to call Mr. Brogden brought up the report of the upon the senate to furnish an account of committee of Ways and Means. The their income and expenditure, than it had first six resolutions were read a first and to call upon any other state to do so. If second time, and agreed to. On the the hon. member would refer to the con- question being put on the resolution for stitution of those islands, he would find, the additional Malt duty, that the senate were vested with the power of appointing their own officers, without reference to this country, and ministers did not conceive that they had a right to enter into any such investigation as that proposed.

The resolutions for the production of the above accounts from Ceylon, the Mauritius, the Cape of Good Hope, and Malta, and Gozo, were then put and car ried unanimously.

Mr. Hume said, he had a resolution in

Lord Milton said, that when the House had been in the committee, he had proposed that the duty should be 1s. 4d. instead of 2s. 6d.. In order to record his dissent to the present tax on the Journals, and not with any view to promote a discussion on the subject, he should propose his amendment, to the consideration of the House. In doing this, he was not actuated by any fear of laying increased taxes on the landed interest. The late war had been carried

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