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man first, and then trying him. He re- which, however contrary to the habits to gretted that he had consented to the pro- which they had been accustomed, induced position for the retirement, for the pre- the petitioners to scek in foreign climes sent, of his hon. friend, from the situation the means of maintaining their families in of chairman of the committee of Ways some degree of comfort. It was not his and Means. He thought that neither he intention to offer any decided opinion as himself nor the House had done perfectly to how far it would be proper for the goright on that occasion. Why had not vernment to promote emigration. At the this objection been made against his hon. same time, he must say, that there was friend a year ago? He was as much in- no period in any country, under any cirvolved with this Joint-stock company a cumstances, and more especially in this year ago as he was at present. He had country, which appeared fitter for inquiry been already tried by the most competent than the present. But it was for the of all tribunals-a tribunal composed of king's government to consider well how the sufferers; and after a full and minute such a measure ought to be carried investigation, had been almost unanimous-into effect; on how great a scale, and ly acquitted. He did not mean to pro- under what regulations it would be right tect his hon. friend against a fair investi- to proceed. Here, two considerations gation of the charges made against him. would present themselves; first, as to If, upon such investigation, his hon. what extent emigration could be carried, friend could not clear himself, then “let consistently with the degree of expense the stricken deer go weep:” he would give which might be borne by this country in him up. But what he complained of was, transporting a multitude of people to the prejudice which hung over his hon.. colonies, and with regard to the safety of friend in the mean time.
the colonies themselves; Secondly, to The motion was negatived.
what extent any plan could be carried, so
as to afford relief to the starving part of HOUSE OF LORDS.
the population. In thus stating the ques
tion, he must add, that he had not been Friday, December 8.
able to satisfy himself that it would be EMIGRATION.) The Marquis of Lans- possible to administer relief by emigration, down said, he had two petitions to submit to to that extent which some persons seemed their lordships, which came from a part of to suppose could be accomplished--that the country with which he was not connect- was, to the extent of providing subsistence ed, but which related to a subject that, from for the large body of manufacturers now the unhappy situation of the petitioners, suffering under great distress. Now as to was calculated to attract the serious atten- the means, the question for the considertion of their lordships. It was, however, ation of the government and the House his duty to state, that the petitions were would divide itself into two parts; first, of such a nature that they could not be what would be the expense attending such laid on the table without approbation an operation on a large scale; and next, being previously given to them by the whether that expense was one which could king's government, as the petitioners be recommended. If it should be found
. prayed for pecuniary assistance to trans- that the expense was one which could port themselves to the British colonies in not be recommended, it would then fall North America, or to some other part of to be considered, whether an emigration the world, in which they might find means of a more limited nature, which would of maintaining themselves by their labour, take out of the country that description instead of remaining in a country in which of persons who, having some small capital, they could not obtain subsistence. It was were capable of contributing to the exan affecting circumstance, and one which pense of their removal, should be encoucould not fail to recommend the petition raged. He was not prepared to say, that to the consideration of their lordships, some plan of emigration might not be that they came from persons who were safely carried on, under the direction of not desirous of leaving their native land the government. He was afraid, however, from any love of change, or any spirit of that if any plan were adopted for relief in discontent, but solely from the unhappy this instance, it would be impossible to circumstances into which the manufac- tell how far the House might afterwards taring districts had recently fallen, and I be called upon to go. However deep the distress of the petitioners, he could not immense tracks of lands, on which no but feel that there were other parts of the house was erected, and which were covered empire in an equally unfortunate situa- with immense forests. It would, theretion; from which, therefore, similar ap- fore, be very hazardous to place large plications might be expected to come. It numbers of any description of people in was extremely difficult to see to what con- those trackless lands, in the hope that sequences such an opening might lead. they might be able to support themselves; All, then, that remained for him to do, and it would be much more so to send was to express his satisfaction, in know- there persons born and brought up in ing, that this important subject had cities. He did not wish the observations engaged the attention of his majesty's he had just made to be understood as imministers. He trusted that means would plying, that the relief which the petitioners be found of doing something at once prac prayed for ought not to be given. It was ticable and consistent with sound princi- not his intention that they should be so ples of policy.
understood. He had made them for the Earl Bathurst said, that as the consent purpose of showing to their lordships, the of the Crown was necessary, before the necessity of great consideration, before petition could be laid on the table, he that species of relief which was prayed rose for the purpose of giving that con- for should be granted. With that object, sent; but in doing so, he wished to be in the course of last session, a committee understood, that the government pledged had been appointed by the other House of itself to nothing on the subject. That Parliament. That committee had made a
| consent was given purely for the purpose report on the subject, and it was his inof enabling the petitioners to express their tention to move, that a message be sent to sentiments to their lordships. Those pe- the Commons for a copy thereof. Should titioners were labouring under a degree any measure for encouraging emigration of distress which it was impossible to be adopted, great discrimination must be think of without sympathy; and they had employed in the choice of persons to be borne their sufferings with patience. He sent abroad. The aged, the sick, and the wished he could add that the distress was infirm must be excluded; not because confined to the district whence the peti- they were unworthy of relief, but because tions came. Unhappily, it was very ge- the particular species of relief called for neral. He believed, however, that there was not applicable to them; for to send was scarcely ever a period, in which suf- out to a foreign country those who were ferings had been endured with such for- rendered helpless from infirmity, would be bearance and obedience to the laws. At only to expose them to unspeakable calathe same time he must observe, that he mities. believed there never was a time when the Ordered to lie on the table. public had stept forward so readily to relieve those sufferings by liberal pecuniary
HOUSE OF COMMONS, assistance, and in forming committees to
Friday, December 8. manage and distribute the aid raised by subscription. It must also be added, that Cape of Good Hope-Conduct of there never was a time in which so few LORD C. SOMERSET.] Mr. Brougham instances were known, of persons ready said, he had been informed, that in the to aggravate the distress, by using in- discussion which had taken place last flammatory language, and exciting the night respecting the Cape of Good Hope, suffering multitude to acts of violence. a question had arisen as to the course All this was not only very creditable to which he intended to pursue with regard the country, but also to the sufferers, who to a petition which he had formerly prewere entitled to every regard, for their sented, complaining of the misconduct of unshaken loyalty and obedience to the the governor of that colony. That petilaws of their country. With respect to tion he had presented two sessions ago, the particular case of the petitioners, they on behalf of Mr. Bishop Burnett ; and he prayed for pecuniary assistance to forward understood it was now said, that the rethemselves to a settlement in those pos- port of the commissioners had dealt with sessions which belonged to the Crown the subject matter of that petition, and in North America. Their lordships were completely exhausted it. He had not aware that these possessions consisted of read that report with any great attention i but in the cursory perusal he had given it, ever, briefly recapitulate them, in order that he did not find that it referred at all to those members who had not seats in the those parts of the petition to which his last parliament might understand its object. notice had been more particularly called. In the course of the year 1814, while In presenting that petition, he had said, lieut.-colonel Arthur was acting as milithat there were some matters stated in it tary governor of Honduras, the regiment of so extraordinary a nature, that he could in which he held the rank of lieut.-colonel not believe them to be facts; but that if was disbanded, and he himself reduced to they were facts, it was impossible for the half-pay. Lieut-colonel Bradley, who House not to take the earliest opportunity was then stationed with his regiment at of investigating them most rigorously. Honduras, conceived that, as he was the The matters to which he referred did not older officer, and was also on full
he form what was more particularly called was entitled, by the laws of the service, the case of Mr. Bishop Burnett. That to take the command of the military individual had brought forward, in his forces at Honduras from lieut-colonel petition, collateral charges against lord Arthur, as that officer had been reduced Charles Somerset, of far greater import from full to half-pay. Lieut.-colonel ance than those which formed the sub- Arthur refused, however, to resign his stance of his own case, and to those command to lieut.-colonel Bradley, and charges his own attention had been forci- claimed to act as military governor, on a bly attracted. The report of the commis commission from general Fuller, the comsioners might have thrown light on those mander-in-chief at Jamaica. As lieut.accusations; but if it had not, there was colonel Bradley would not admit the a strong necessity that an ample investiga- authority of lieut.-colonel Arthur, that tion of them should be instituted. He officer placed him under arrest, kept him had understood that lord Charles was in close confinement for 312 days, and coming home, and indeed had arrived, to then sent him to England. On his arrimeet the charges preferred against him. val in England lieut.-colonel Bradley He was glad to hear that fact, because the found that he had been dismissed the sercase of Bishop Burnett was much sub- vice, and was only permitted, as a reward ordinate to the charges which his petition for twenty-one years' service, to dispose, opened against the noble lord. He would
. He would at the regulated price, of his commission. take the earliest opportunity of examining Being convinced of the illegality of lieut.the report more accurately than his avoca- colonel Arthur's conduct towards him, he tions had hitherto enabled him to do. brought an action against that officer, and The charges to which he alluded, might the damages which he would otherwise not be noticed in the first report of the have recovered were greatly diminished, in commissioners, which was already on the consequence of two officers from the table of the House; and yet might be Horse-Guards producing on the trial a made subject of inquiry in their second document, purporting to be a commission report, which would be forthcoming imme- authorizing lieut.-col. Arthur to take the diately. If they were not noticed in military command at Honduras. Since either one or the other—if they did not that time the noble Secretary at War had meet with a satisfactory refutation from said, that the document then produced in the noble lord whose conduct was so court, and sworn to be a commission, was strongly implicated by them-he should not a commission, but a letter of service. think it still necessary for the House to If it were so, he was instructed to say, institute a rigorous inquiry into their truth that by the laws of the army no officer or falsehood.
was bound to obey another, unless he
could produce a regular commission, givCASE of Colonel Bradley.) Mr. ing him superior authority. As lieut.Hume said, that in making his present colonel Bradley had been reduced to ruin motion he must necessarily bring under by his dismissal from the army, after the consideration of the House a case of twenty-one years' service in it in foreign gross and flagrant military oppression. climates, and as it was said that the comThe facts on which his motion rested mission on which lieut.-colonel Arthur were well known to the House, as he had claimed the command at Honduras was on more than one occasion presented them still in existence, he did not see what radistinctly ta its notice. He would, how. I tional objection could be made to its proVOL. XVI,
duction. The object of his motion was parliament, that he owed the House an two-fold : first of all, he wished to obtain apology for pressing upon its attention so copies of the commission said to be hacknied a subject; but, as there might granted in 1814, under the authority of be some members who were unacquainted the duke of Manchester, by general Ful with them, he felt it necessary to mention ler, to take the command of the military them as briefly as possible. The state of forces stationed at Honduras, whilst he the case was simply this : Lieut.was only on half-pay; and, secondly, he colonel Arthur was appointed by the duke wished to have a copy of lieut.-colonel of Manchester, governor of Honduras, Arthur's report to the commander-in-chief and received from general Fuller a comin 1820, after he had placed lieut.-colonel mission, or letter of service, authorizing Bradley under arrest, and also his corre- him to take the command of the troops spondence with earl Bathurst, who was stationed there. Lieut.-colonel Bradley then at the head of the colonial depart-was, therefore, placed as an officer under ment, on the same subject. He did not the command of lient.-colonel Arthur. wish to have those letters produced for his The regiment to which lieut.-colonel own private information, for he had already Arthur belonged was disbanded, and he seen copies of them, but for the informa- himself was put on half-pay. Lieut.tion of the House. From those letters it colonel Bradley then chose to suppose, was evident, that at the time he wrote that as lieut.-colonel Arthur's regiment them, lieut.-colonel Arthur had no such was disbanded, and lieut.-colonel Arthur commission as it was now pretended that was placed on half-pay, that officer ceased he held; for, in one of them, he wished to to retain any military authority at Honbe informed in what situation he, who duras--an authority which, it ought to was only an officer on half-pay, was to be be recollected, he derived, not from his considered with regard to lieut.-colonel regimental commission, but from the comBradley, who was an officer on full pay, mission he received from general Fuller. and at the station, in command of his regi- Lieut.-colonel Bradley made himself the ment. When those papers should be interpreter of the law on the point, and placed upon the table, he was sure it would not only made himself the interpreter of appear to the House, that gross injustice the law, but also determined to act upon had been done to lieut.-colonel Bradley, his own interpretation. He not only said, and that he was entitled to receive from that lieut.-colonel Arthur had ceased to the House some remuneration for the command, but also attempted to supersede losses he had sustained after twenty years his own commanding officer. He took of service. He called the particular atten- upon himself great responsibility in so tion of those members who were officers in doing, and he ought not now to complain the army, to the harsh manner in which that he was compelled to stand by the lieut.-colonel Bradley had been treated, consequences of it. Under such circumand reminded them, that if any officer stances, lieut.-colonel Arthur did that could be so treated without obtaining re- which any officer similarly situated would dress, the condition of gentlemen in the have done, and if he had not done so, he army would soon be little better than would have deserved dismissal from the that of so many slaves. The hon, mem- service : he placed lieut.-colonel Bradley ber then concluded by moving for a series under arrest for an act of mutiny. The of papers embracing the objects men- question between the two officers was tioned in his speech.
then referred to the commander-in-chief, Lord Palmerston said, he should feel it who, after hearing them both, decided to be his duty to object to the production that lieut.-colonel Arthur was in the right, of the documents, not because the de- and that lieut.-colonel Bradley was in the spatches which were called for did not wrong. As it was impossible to pass over exist--for he had seen them himself--not such a breach of military law, the combecause he had any doubt as to the mander-in-chief felt it to be his duty to genuineness of the commission or letter of remove lieut-colonel Bradley from the service, for it had been admitted as evi- service. The whole affair was submitted dence in a court of justice, but because no to the king, and his majesty was pleased parliamentary grounds had been laid for to confirm the determination to which the their production. The merits of the case commander-in-chief had come. Lieut. had been so often discussed in the last colonel Bradley was not cashiered, as he
perhaps deserved to be: he was allowed was plain. He had no such commission, to retire, receiving the value of his com- and therefore could not produce it. He missions, which by the bye he had not would ask any officer who heard him, purchased. He would now inform the whether lieut.-colonel Bradley, being an House, that, although in the main points officer on full pay, would have done his lieut.-colonel Arthur was right, there was duty, if he had yielded up the command still one in which he had been guilty of of his regiment to an officer on half-pay? erroneous judgment. He had done right To what tribunal could lieut.-colonel in placing lieut.-colonel Bradley under Bradley appeal for redress, if the House arrest, but wrong in retaining him under should refuse to interfere on his behalf ? arrest-not, however, in close confinement, Surely the justice of the House would as the hon. member had stated--until he prevent an officer, who had served twentywas dismissed from the service. After one years, from being overwhelmed by ruin, lieut.-colonel Bradley was dismissed from because he had unfortunately differed with the army, he brought his case under the a brother officer on a matter of military consideration of the legal tribunals of the discipline, which appeared to be involved country. He was not satisfied with the in doubt and obscurity, decision of the duke of York; he was not Lord Palmerston begged to remind the satisfied with the decision of his majesty, House, that the hon, member and himself and he therefore applied , for redress to were at issue as to a fact. The hon. the laws of his country. He contended, member had said, that the commission that he had suffered great injury, and had no existence in 1814. He replied took the best means in his power to ob- that it had. It was matter of proof, and tain redress. The result of the trial was, had been placed on record; and when the that the court affirmed, that lieut.-colonel hon. member said that the commission did Arthur had authority to confine lieut.- not exist, he denied a fact which had been colonel Bradley ; it negatived the asser- proved by the oaths of most honourable tion, that lieut.-colonel Bradley had been and virtuous witnesses. If that were illegally detained in the first instance; but proved in a court of justice, it became a it said, that though lieut.-colonel Arthur matter of fact. The hon, member could was justified in the original arrest, he had not, by any ingenuity,“ rail the seal from continued it beyond the necessity of the off the bond." That commission had been case, and it therefore gave him a verdict produced; and if it was asserted, no of 2001. Lieut.-colonel Bradley was not matter by whom, that it was a fabricated satisfied with this result. He moved for a document, then he must say, that such new trial, on the ground of a misdirection on an assertion was a base, scandalous, inthe part of the learned judge, and had it re- famous calumny, which he felt himself fused him. His assertion of injury was nega- bound to repel, on the part of those tiyed by the commander-in-chief; then by affected by it, with all that contempt and his majesty; then by a court of law on disdain that it merited. Not a greater the trial; and last of all, by a court of falsehood could be conceived. The comlaw on application for a new trial. Such mission was granted by general Fuller in being the case, on what ground could the 1814; and it was not true, that, in colonel House now interfere in this transaction ? Arthur's letter of 1818, no mention was He thought that these documents were made of it. He read, last year, a letter only wanted to enable lieut.-colonel Brad- from colonel Arthur, in which he alluded ley to swell his next petition with their to that commission; and he there adduced statements; and that being his opinion, his holding such commission, as a reason he felt it to be his duty to negative the for his exercising the authority he had motion.
previously possessed. He, therefore, would Mr. Hume said, that he very much repeat, that there could not be a greater doubted the existence of the letter of falsehood, let it come from whom it might, service. It was first brought to light in than to assert, either that no such com1819, and he could produce a letter from mission was in existence, or that, if it were lieut.-colonel Arthur, proving that he had in existence, it was fabricated for some no such commission at that time. If he base, sinister, and miserable, purpose. had had such a commission, why did he Colonel Torrens vindicated the officers not produce it when he was three times of the army from the aspersion which had, specifically asked to do so? The reason been cast upon therm.