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Brydges, had the confident assurance | cumstance of colonel Cox having ento mount his pulpit, to allude with deavoured to investigate the transaction triumph and satisfaction to the preced- shortly after its occurrence. He trusted ing outrage, and to repreach the same that that investigation would be attended sermon ? Some hon. members might with more beneficial results than had wish to know who this rev. Mr. Brydges flowed from the proclamations of general was. He was an individual who first at- Ward on a similar occasion in Barbadoes. tracted public notoriety by the promulga- The efforts of general Ward had been tion of a libel upon the memory of a man fruitless; but he hoped that the proceedentitled to the respectful recollections of ings of colonel Cox would tend to rescue all those endued with the feelings of the island of Jamaica from the reproach humanity. The first public proceeding of and obloquy which would attach to it, if Mr. Brydges was a libel on Mr. Wilber- such an atrocity as this were passed over force, to whom he applied these words in silence. The occurrence, he was able "Mel in ore, verba lactis-Fel in corde, to say, was not viewed with apathy or infraus in factis."-As a reward for this difference in Jamaica. Two of the public composition the House of Assembly in papers there had reprobated it in much Jamaica voted him a sum of money; and, stronger terms than he had ventured to use. as a further encouragement, the bishop of He hailed the return of good feeling in Jamaica appointed him his chaplain. He Jamaica; and he would exhort the colotrusted that, if the facts which he had nists to recall as far as possible their past stated could be brought home, some means conduct, and to adopt a more becoming would be devised of punishing, not only course in future. When he saw the those who had been guilty of a violation galaxy of talent and ability which shone of the law in firing into the House of Mr. in the House of Assembly in JamaicaRatcliff, but also the fountain and author and no one could read the deliberations of of that 'outrage; for, undoubtedly, those that body without being struck with admirawho suffered themselves to be made the tion of the wisdom and talent it embodied— instruments of such an act of violence, he felt it impossible that the darkness of however culpable, were less guilty than the superstition, and the degradation of sentiman at whose instigation it was perpetrated. ment, which had given rise to this outrage, But, could the House be surprised at this could long withstand their influence upon occurrence. He confessed that he was the society of the island. He would say not, when he recollected the shameful to the legislators of that island, "Do not transaction which had taken place at wait for the orders of government—anticiBarbadoes; and when he reflected that no pate the measures of parliament-do all punishment of any sort had lighted on the you can to save the character of your heads of the offenders-when he knew island from the disgrace of having perthat the magistrates had not only been re-mitted a body of armed men to commit an gardles of the offence which was committed, but actually in connivance with the guilty parties and when, so far from the participators having been visited with the penalties due to their crimes, they had all been suffered to retain their situations. When he saw how incapable the parliament had hitherto been to repress or to redress grievances of this description, he could not feel surprised at their recurrence. Jamaica was at least as fully entitled to the protection of government as Barbadoes. He did not scruple to say, that he entertained a higher opinion of the former colony than of the latter; and, although the people of Jamaica had, in some instances, done him injustice, he would not retort that injustice upon them. The neIcessity of the interposition of parliament was not removed or diminished by the cir

outrage upon an unoffending missionarytake into your own hands the prerogative with which the mother-country has invested you, and show yourselves worthy of the charter which, in her kindness she gave you." His reason for bringing forward the subject at the present moment was to show his determination, after what had occurred at Barbadoes, not to allow a single instance of religious intolerance in the West Indies to transpire, without bringing it under the notice of the House. He knew that this spirit of illiberality was spreading; that endeavours were made to depreciate the efforts and the characters of the Missionaries, and to set the Church of England against them. If it should so happen, that in process of time, through the instrumentality of her ministers, the Church of England should attain a

from a Wesleyan Missionary Report, dated 1824, for the purpose of showing that the government of Jamaica was not at all hostile to the Dissenting Missionaries established in that island. He again assured the House, that no complaint of the nature alluded to had reached his office; and he trusted, the proposed inquiry would show, that there did not exist any such feeling towards the Dissenters in that island. While he said this, he trusted, that any outrage so base and unwarranted as that described, would, when fully established, meet with condign punishment. Upon this point, however, they must wait for further evidence; and that evidence being once laid before them, there could be little doubt that they would come to a satisfactory decision upon it.

Mr. F. Buxton said, that, without entering into the general question before the House, he thought he could show, that it was not only possible, but probable, that the rev. Mr. Brydges had been guilty of the conduct imputed to him. That rev. gentleman had been made rector of St. Ann's, and chaplain to the bishop, after the period to which he was about to allude. The honourable member was proceeding to show that the rev. Mr. Brydges had been guilty of gross mis-statements, in an answer to a pamphlet published by Mr. Wilberforce, in which he stated, that he had baptised such and such numbers of negroes, in different districts, when—

superiority over the Missionaries in the | West-Indies, and extinguish Methodism, he would most cordially hail such a consummation; but, in Heaven's name, let it not be effected by means of oppression and persecution. Let the Missionaries have fair opportunities, by their own exertions, to maintain their ground; and, which, ever body should eventually possess the superiority, the results must be the diminution of immorality and vice, the spread of religion, and the advancement of those feelings which it ought to be the object of every just, wise, virtuous, and beneficent government to foster and promote. He hoped he had not let fall one word that night which could be likely to increase the animosity that prevailed in the West Indies. Far from wishing to irritate such feelings he was most anxious to soothe and allay them, and to unite all classes in that course which would forward the cause of justice and humanity. He would conclude with moving for "Copies of all despatches which his majesty's government have received from Jamaica relative to an attack made on the Wesleyan Missionary Meeting House, and the dwelling of Mr. Ratcliffe the Missionary, at Christmas last." Mr. Wilmot Horton begged shortly to offer a few observations. upon the motion; and, in doing so, he assured the House, that no despatches had been received in his department, in which mention was made of the outrages alluded to; and he would further state, that, had he received Mr. Wynn rose to order. He would notice of the commission of any such out- put it to the House whether they ought rage, he would have felt it his duty to to go at once into the inquiry proposed have brought it under the consideration of by the hon. member? The motion before the House. As matters at present stood, the House was for papers relative to a he thought it would be most advisable for certain outrage which had been committed the hon. and learned member to wait until in Jamaica; that outrage, it was said, had such information had been received as been fomented by the rev. Mr. Brydges, would enable his majesty's government to and, when his hon. friend made no obinterfere with, and direct the local au-jection to the motion, up rose the hon. thorities. With respect to the rev. Mr. Brydges, he should, if the statements were true, strongly condemn his conduct; but it was too much to suppose that the whole colony were actuated by such sentiments. It might or it might not be true that sermons, such as those alluded to, had been preached by that gentleman; but they were bound to wait until they had ascertained the fact. In the mean time, it was not too much to say, it was highly improbable that such sermons had been preached from the pulpit, for such purposes. The hon. gentleman here read an extract

member for Weymouth, and stated, that he could show that the rev. Mr. Brydges might have been guilty of the alleged outrage, because he could prove that that rev. gentleman had been guilty of falsehood in other instances. He was not there to say whether the answer to Mr. Wilberforce was founded in truth or falsehood, but he felt that that was not an inquiry into which they ought to enter at present.

Mr. F. Buxton said, that if the right hon. gentleman had allowed him to go a little further, he would have found it un

necessary to interrupt him; but, as he | but he wished to know the nett amount of

had felt it proper to do so, he would go no further at present.

The motion was agreed to.

COURT OF CHANCERY-BANKRUPT FEES.] Mr. D. W. Harvey, in bringing forward his motion on this subject, referred to the statement which he had made on a former night; namely, that the fees which the lord Chancellor received on account of his jurisdiction in bankruptcy amounted to 20,000l. a-year. That statement had been met by a strong contradiction from the hon. member for Corfe Castle, who was presumed to speak with all the accuracy of family information, and who had said, that the lord Chancellor received only 3,000l. a-year from bankruptcy. Now, he considered that it was right for the House to know whether the lord Chancellor did or did not receive 20,000l. a-year from the exercise of one branch of his jurisdiction; especially as the hon. member for Durham had given notice, that he would move to separate all matters in bankruptcy from his lordship's jurisdiction. Notwithstanding the contradiction which he had received, he still believed that he was not in error in the assertion which he had made. He had shown to several professional gentlemen the paper which he then held in his hand, and which contained an account of the number of bankruptcies which had occurred for some years past. Judging from the grounds which it afforded them for calculation, they were of opinion that he was right, and that the hon. member for Corfe Castle was mistaken in his statement. The return of the amount of fees for one year would serve his purpose as well as the return of it for many. He had, therefore, selected the last year; not because there had been a large number of bankrupts in it, but because it would give them the most recent information as to the amount of the lord Chancellor's fees in bankruptcy cases. Without troubling the House with the details, he believed it would be found, that, from the 1st of October, 1825, to the 1st of October, 1826, the lord Chancellor had received, in bankruptcy matters alone, fees to the amount, not of 3,000l. but of 30,000l. [hear, hear]. He was aware that, out of that sum, the learned lord paid his secretary of bankrupts, and certain subordinate officers, for the fact appeared on the returns of 1816;

what his lordship received, in order that the country might judge whether any feeling of self-interest was likely to influence him in opposing the separation of the matters in bankruptcy from his equitable jurisdiction. With this intention he should move, "That there be laid on the table of the House, a return of the total amount of fees received for 3,549 dockets, struck between the 1st of October, 1825, and the 1st of October, 1826; also, a similar return of the amount of fees received on 3,272 commissions of bankrupts, issued within the same period; also,. similar returns with regard to 276 supersedeases, 1,281 certificates, 832 petitions in bankruptcy, and 832 orders upon petitions made within the same period; also, a return of the total amount of fees received for private seals upon commissions and supersedeases, and for office copies of affidavits in support of or against petitions; also, a return of the total amount of fees in bankruptcy, received at the Bankrupts'office, not particularly specified in the above returns; together with an account of the specific appropriation of all the foregoing fees and payments during the same period."

The Attorney-General said, that the hon. member had not merely repeated his former assertion, that the lord Chancellor received 20,000l. a-year from fees in bankruptcy, but had even gone beyond it; for he now, unappalled by former contradictions, ventured to assert, that his lord ship received 30,000l. a-year from them. There could be no doubt as to the amount of the lord Chancellor's emoluments, as they had been made a subject of inquiry by three different commissions; of which the first had sat whilst lord Rosslyn was Chancellor, and the last in 1811, when lord Eldon was Chancellor. From those reports it was apparent, that the lord Chancellor had never received, upon an average, 4,000l. a-year from his fees in bankruptcy, and that his whole emoluments did not, in the long run, exceed 15,000l. a-year. He did not rise, either on his own account, or on account of the lord Chancellor, to object to the present motion. The noble lord was as desirous as man could be, that no information on this subject, which it was in his power to communicate, should be withheld from the public. Neither had the noble lord, as far as he knew, declared himself to be

averse to the separation of the business in bankruptcy from the other business of his court. The hon. member, therefore, laboured under some delusion when he said that his motion would enable the country to decide whether the noble lord opposed that separation from motives of self-interest or not. If the hon. member had no other object in view than to elicit correct information as to the amount of the lord Chancellor's emoluments, he should be glad to do every thing in his power to assist the hon. member. With that intention, he would suggest to the hon. member, that, instead of moving for a return of the amount of fees taken during a year, when the number of bankrupts was unusually large, he should move for a return of the amount of fees taken since 1811, when the last returns were made, distinguishing the amount in each year. If the hon. gentleman should not incorporate that suggestion in his proposition, he would himself submit it as a distinct motion to the House.

Mr. Serjeant Onslow eulogized the great talents and unimpeachable integrity of the present lord Chancellor. He likewise defended the Commissioners of Bankrupts from the attacks which had been recently made upon them, and contended, that, so far from their being either incompetent from youth, or stultified by age, they were some of the most able and distinguished members of the profession.

Mr. George Bankes wished to know, whether the motion referred to the amount of fees received by the Chancellor alone, or to the amount of fees received both by him and the subordinate officers of the court?

Mr. D. W. Harvey said, that if the hon. member would refer to the last of his motions, he would find in it an answer to the question which he had just asked. His belief was, that five-sixths of the fees included in his motion were received, not by the subordinate officers, but by the head of the Court of Chancery. The returns, however, for which he moved would, if granted, settle that question beyond all future power of discussion. He again contended, that the fees of the lord Chancellor, in bankruptcies, were not 3,000l., but 30,000l. a-year. It was a notorious fact, that on every docket a fee of 21. Is. was paid. Now, by common arithmetic, the amount of those fees, on 3,549, were 7,2751. 9s.

On every com

mission of bankruptcy a fee of 41. 10s. was paid. The fees, therefore, on 3,272 commissions of bankruptcy were 14,7241. These fees, added to those which were received on petitions, orders, &c. amounted, in the last year, to 32,2127. 11s. 5d. He saw no reason why he should be diverted from the course which he had originally intended to pursue, and he should, therefore, press his motion, regardless whether the hon. and learned gentleman should or should not meet it with a negative.

The motion was agreed to.

The Attorney-General said, that if the object of the hon. member had been to elicit truth, he would have consented with readiness to the suggestion which he had made to him. If the returns had been ordered in the manner in which he proposed, it would have completed the returns made in 1811, on the emoluments of the lord Chancellor, up to the present time. Out of the 27. Is. mentioned by the hon. member, only 17. was paid to the Chancellor ; the remaining sum was paid to a grantee, appointed during the chancellorship of lord Thurlow. The hon. and learned gentleman concluded by moving, for an account of all Fees in the different branches of bankruptcy business, received by the lord Chancellor, from 1811 to the present time; and he said, that he had no doubt but that it would appear, from this account, that the average of the Chancellor's receipts in bankruptcy did not exceed between 3,000l. and 4,000l. a-year.

Mr. Batley took the same view of the matter as the Attorney-general, and could not but express his surprise at the misstatements which were abroad respecting the lord Chancellor's income. He knew it was the opinion of commercial men, that some alteration should be made in the administration of bankrupt cases; but for himself he was quite satisfied that things ought to remain in their present

state.

Mr. Baring concurred with the original motion, and trusted, that by the returns thus called for, the House would be able to know exactly the amount of fees received by the lord Chancellor, and to ascertain who were the grantees spoken of by the Attorney-general, as having been appointed under lord chancellor Thurlow, and who, from his statement, appeared to be deriving large emoluments from a system which he could not but designate as most disgraceful. When he recollected

The motion was agreed to.

UNDER

what had taken place in the discussions | ceived in fees, but in some less objectionupon the subject of granting increased able manner. salaries to the judges, he could not but remember, that one of the arguments principally relied on in support of that EXCHEQUER PROSECUTIONS measure was, the necessity of taking away THE CUSTOMS LAWS.] Mr. D. W. Harthe fees that were then paid to the judges, vey, in bringing forward his motion upon and that were supposed to create an idea this subject, disclaimed any wish to impute that those learned persons might feel an improper motives to any person. His inclination to encourage litigation for sole object had been, since he possessed a their own advantage. Now surely, if seat in that House, to discover and point such an argument could with the least out abuses of every description; and propriety be applied to the common-law among those which required the notice judges, with how much more force did it and animadversion of parliament, none apply to the lord Chancellor, who was a appeared to him greater than those which judge sitting to administer equity, without were connected with Excise prosecutions, the intervention of a jury-whose power which were so great in their extent, and was in no instance equalled among the so oppressive in their nature, that we other judges-whose fat was conclusive; might well wonder at their existence in a since, from his decisions, there was no free country. He should first take the appeal but from himself in his own court, prosecutions that had been commenced to himself in the House of Lords? Some upon the Customs'-law, as they were idea of the jurisdiction intrusted to that fewer and less oppressive than the others; noble lord might be formed from the fact, and yet so great, that they called loudly that property to the amount of forty mil- for parliamentary interference. He did lions was now the subject of litigation in not mean to impeach the honesty of the court of Chancery. Surely, when the lawyers; but he did mean to say, that House were deliberating upon the fees even they would not be free from suspireceived by such a person, they could not cion, when prosecutions were carried on but agree, that it was of the utmost im- apparently with no advantage to the portance that his judgments, and the public; certainly, with great injury to whole administration of his most impor- the persons against whom they were ditant office, should be free from the most rected; and when, on each of these, the remote suspicion of interest; for let men prosecuting law officer received a fee. talk as they pleased about the high cha- From a paper which he held in his hand, racters of individuals, there would be sus- it appeared that seven hundred and ninepicions entertained by the people, when- teen prosecutions had been commenced ever public and private interests seemed from the year 1820 to 1826 inclusive, to to clash together. For that reason, he recover penalties to the amount of was of opinion, that the lord Chancellor's 580,1367., and out of all these, the sums salary should be put on the same footing recovered only amounted to 23,7891.—a as those paid to the judges of the common pretty strong proof of the small advantage law; that was to say, that it should be derived by the public from them. In fixed at a certain sum, and rendered certain prosecutions which would be totally independent of fees. By putting brought under the view of the House, if it upon that footing, the House would be his motion should be agreed to, it would conferring a benefit upon the Chancellor; appear, that the Crown had lost, in exsince they would prevent him from be- penses, more than 1,000l. beyond the coming, night after night, the subject of sums awarded by the verdicts in its favour. such discussions as the present. In a prosecution where the verdict was for not prepared to say that the Chancellor 117., the costs were 1517.; and in another was over-paid, even if it should be proved case, where the costs were 600l., there that he did actually receive 20,000l. per was a compromise for 30s. Some speedy annum; though the inclination of his means ought to be taken to expose the mind was, that 12,000l. per annum would mode of conducting business of this nabe an ample compensation for the labour ture, that the proper remedy might be of the office. However, he thought at all applied. He did not mean to blame the events the emoluments of the office, be higher law officers of the Crown for the they what they might, ought not to be re-abuses of which they were probably igno

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