HC Deb 17 May 1827 vol 17 cc884-95
Mr. Wilmot Horton

rose to move for certain papers relative to the Administration of the Cape of Good Hope, and particularly for the correspondence which had passed on that subject between the Colonial Office and sir Butane Donkin. He would have thought it unnecessary to have said much at present, since it would obviously be much better to postpone all discussion until the whole of the proper documents should be on the table of the House, had it not been for the publication of a pamphlet by sir R. Donkin, which had been widely and very industriously circulated. He would, however, abstain from entering at that time into any discussion of the merits of the administration of the Cape, as the proper opportunity would be afforded, when the motion relative to the coal-administration of the Cape, of which notice had been given for the 18th of June, should be brought forward. But it was on account of the circulation of the charges against lord C. Somerset, by sir R. Donkin, that he thought it highly expedient that the House and the public should immediately know the nature of those charges, and the situation in which they at present stand. Sir R. Donkin denied strongly that he was actuated by any acrimonius motives against lord C. Somerset, and asserted that he (Mr. W. Horton) was sorry in having said that he was so actuated; observing, that it was a new system of tactics, to charge those who complained of any malversation on the part of government officers, with personal hostility against the individual; whereas, sir H. Donkin, as he said, had always disclaimed all idea of personal animosity. With respect to that matter, he had only to repeat what he had said before, that it appeared to him, that sir R. Donkin had been actuated by acrimonius and personal motives against lord C. Somerset; and he was mistaken if sir R. Donkin would not find himself obliged to own it. But what had all this to do with charges against lord C. Somerset, or any other officer of government? The only question was, whether the charges were well or ill founded, without any reference to motives; but, if it should turn out that the accusations against lord C. Somerset were ill-founded, sir R. Donkin could not expect to escape from the consequences which might result from the preferring of such accusations. The House would please to observe, that on the 17th of June, 1823, sir R. Donkin had expressed himself to lord Bathurst to this effect, that he could make disclosures relative to the administration of lord C. Somerset at the Cape, that would shock the noble earl, and lead to the utter ruin of lord Charles. This communication, coming from such a quarter, could not be passed over without an investigation into the circumstances; and therefore, under the direction of lord Bathurst, he (Mr. Horton) had, on the 21st of June, written to sir R. Donkin, informing him that lord Bathurst called upon him to substantiate the charges which he had made against lord C. Somerset, on account of the mal-administration of the Cape; in order that the matter might be thoroughly investigated. In answer to this, sir . Donkin had, on the 23rd of June, written to lord Bathurst to the effect—that until he (sir R. Donkin) was willing to make disclosures to the government on the subject of the mal-administration of the Cape, he did not wish to censure, or mean to attack, an individual, with whom he had little acquaintance. After the receipt of this communication, he again wrote to sir R. Donkin, stating that lord Bathurst still thought that the charges must be brought under investigation, and put to the proof, unless sir R. Donkin meant to retract them. So that the government, and especially lord Bathurst, so far from showing any disposition to stifle inquiry, most earnestly called upon sir R. Donkin to proceed with his charges against lord C. Somerset. Sir R. Donkin again wrote to the Colonial Office, stating in substance, that he could not retract any allegations which he had made, so far as the truth of them was concerned, as that would be unworthy of a gentleman, and of the situation which he held in his majesty's service; but that he had no objection to say, that, upon further consideration, he would retract the particular words in which the charge had been advanced; and sir R, Dunkin also added these words, "I feel, on due reflection, that my coming forward just now, in any official way, on such a subject, would appear like an ill-timed interposition on my part between the commissioners now at the Cape of Good Hope and the object of their inquiries; and I trust that this explanation will be satisfactory to lord Bathurst, and will render unnecessary the urging of the other part of the alternative to which your letter points; namely, my preferring charges, in consequence of the turn which this matter had taken." The only course of proceeding which appeared most proper was, to send to the commissioners at the Cape of Good Hope all the information which they had been able to procure from sir R. Donkin, or any other quarter, with instructions to investigate every thing to the utmost of their power. To this course sir R. Donkin surely could not object, after having made the proceedings of the commissioners one of his reasons for not interposing; and, considering the conflicting charges brought forward, sir R. Donkin complaining that lord C. Somerset had upset his measures for the good government of the Cape; and lord Charles, on the other hand, complaining that sir R. Donkin had, while his locum tenens at the Cape, upset his measures for the same purpose. The Colonial Secretary was of opinion, that this reference of the whole matter to the commissioners was the most satisfactory course of proceeding which, under the present circumstances, could be adopted. The commissioners had, accordingly, investigated the matter, and he had their Report now ready to be presented to the House. It would be recollected, that, in 1825, when charges were brought forward against lord C. Somerset, it was the unanimous feeling of the House, that lord Charles should not be allowed to remain at the Cape, but should be brought home to face his accusers, when they chose to come forward; and he had now come over. But the government, and lord Bathurst particularly, felt themselves bound, in common justice, not to take any measures against lord C. Somerset, before the charges against him had been thoroughly investigated. Various charges had been made against lord C. Somerset, besides that of Mr. Bishop Burnet, but nobody could be found to bring them regularly forward; and, under these circumstances, it was fitting that the whole of the matter should be laid before the House, in some shape or other, that the question might be at length finally set at rest. With regard to the notice of motion for the 18th of June, he hoped the hon. Member who had given that notice would state its object, with somewhat more precision than belonged to the general term mal-administration. He hoped the hon. member would take care to bring the whole matter before the House, and, in the meantime, state what was the specific nature of the motion which he intended to submit to the House. Sir R. Donkin had said, that some material papers had not been submitted to the commissioners. This was a mistake; for all the material papers had been sent to the commissioners, both relative to the defence of the country against the Caffres, and every other matter about which the government had obtained any information. The Report of the commissioners would be laid before the House, with the opinion of major Holloway, about the defence of the colony, which was a very material document.—The hon. gentleman then commented on the impropriety of publishing official documents in this manner, in which the parties accused had no opportunity of reply. Among the charges brought against lord C. Somerset by sir R. Donkin, was one, that Mr. Parker had been sent back to this country, in order to criminate colonel Bird and himself, and that the Colonial Department had lent itself to that purpose. To refute this charge, the hon. gentleman read the letter of lord C. Somerset to lord Bathurst, accompanying Mr. Parker on his return. In this letter, Mr. Parker was described as an individual who, from his disposition and turn of mind, appeared to be of all others the least calculated to superintend the work of emigration. Lord C. Somerset further described Mr. Parker as a man sanguine in all his views, prone to blame public measures, and an enthusiast in the cause of Protestantism. The candor and fairness of sir R. Donkin might be judged of by the fact, that when he had been twelve or fourteen months at the Cape, he stated in a letter to lord Bathurst, that he had directed his efforts to follow up the plans of his noble predecessor, lord C. Somerset. What was to be thought of a public officer capable of acting in this way? Was it his duty, if he then believed lord C. Somerset's measures to have been wrong, to induce lord Bathurst to think they were the best he could have selected as a rule for his own guidance? Sir R. Donkin complained, that he had received no information respecting the plans he felt it his duty to adopt in the colony, and that in consequence of lord C. Somerset's personal conduct towards him, he was prevented from acting upon them. He complained also that lord C. Somerset would hold no communication with him. Now, this was not a true representation of the case. Lord C. Somerset had requested a visit from him; but sit R. Donkin replied, that personally he could have no intercourse with the noble lord. This was clearly a violation of his duty. As an official man, whatever his feelings might have been personally, he ought to have disregarded them on such an occasion as this. Yet his answer was distinctly, that he had no official communication to make. This note was dated 1st December, 1821. He had thus placed the colonial office in the unpleasant situation of being unable to do justice between the parties. The hon. gentleman said, that the papers he should present consisted of a variety of documents bearing on the general subject of the affairs of the Cape, and on the particular accusation which sir R. Donkin had thought fit to publish to the world against lord C. Somerset. Sir R. Donkin complained also that he had not been allowed an interview with lord Bathurst. The fact was, that he had not asked for one in such a manner as implied that he had any circumstances to discuss, connected with the Cape of Good Hope. But he had claimed from that noble lord some mark of royal favour, in reward for his services as head of the government of that colony. Now, his government had lasted only a year and a half; and, during that time, he was but locum tenens and not absolutely the governor. Any body who thought that a period of service which called for any mark of royal favour, held a most exaggerated opinion of the estimate usually formed of colonial labours. Sir R. Don-kin had received the approbation of the Colonial-office; but it was another of his charges, that even this had been withheld from him. It was the constant practice, known to every clerk, that when any general officer, or other person, mislaid a letter of this kind, he was furnished with a private copy, which he substituted instead of the original until that could be obtained. The honourable gentleman declared of his own knowledge, that there never was an idea of withholding this letter which lord Bathurst had transmitted, as a meed due to the services of sir R. Donkin. There was, undoubtedly, no distinct proof that a private copy had been sent to him, but he (Mr. W. Horton) firmly believed such to be the fact. That charge, therefore, like the rest, was wholly without foundation. With regard to the general subject of the affairs of the Cape, he could assure the House, that the inquiry had been commenced in the spirit of improvement towards all the institutions in the colony. The commissioners had been sent out with that view; and, if their time had not been so much employed in investigating charges of a personal character, the delay that had taken place would have been avoided. The intention was, that the improvements should be extended to all the range of departments—judicial, financial, and administrative; and they would, by this time, but for the cause to which he had referred, have been more or less in operation. There was nothing connected with the welfare of the Cape which had not been delegated to these commissioners. As to the merits of lord C. Somerset's government, or the com- parative merits of that of sir R. Donkin he would not say one word. The papers he was about to present would give an ample opportunity to the House to form a correct judgment on that subject. This step had become necessary, on account of the increasing charges brought by sir R. Donkin, who had published a second edition of his pamphlet, with postscripts and other additions, which had been copied into the daily newspapers, accompanied by a multitude of comments. Sir R. Donkin had first brought an accusation against lord C. Somerset; he had then denied that he was an accuser; and finally he had retracted the denial, and revived his accusation. Among these papers would be found the reports of the commissioners; and by them and the other documents, the House would be able to decide the question of the comparative merits of the two governments, as well as to judge the course most proper to be pursued for the permanent welfare of the Cape. The hon. gentleman concluded by moving, that the papers be brought up.

Mr. Maberly

said, he should not exercise the duty of a friend to justice, if, in seconding this motion, he did not put the House in possession of some facts, which they could not gather from the statement of the hon. gentleman. His gallant friend, sir R. Donkin, had brought no accusation against lord C. Somerset. He had been again and again invited to become a public accuser, and again and again he had refused. In the pamphlet he had published, he had not acted the part of an accuser; but he had been obliged to defend himself from a variety of reports in circulation respecting his own conduct; and his defence was taken to he an accusation of the noble lord. He could state positively, that his gallant friend never intended to be an accuser, nor had offered himself to lord Bathurst in that capacity, It was true, he had offered to communicate with lord Bathurst, but not to lay accusations against any one. In his pamphlet, sir R. Donkin had stated his views as distinctly as possible. The hon. gentleman read some extracts in support of this statement. These passages, he contended, were at variance with the idea of his gallant friend becoming an accuser. His own character had suffered, and he felt bound to offer some explanation. In the beginning of the pamphlet, he stated, that he should not have adopted that course, if he could have obtained an interview with lord Bathurst. In what he should further say in defence of his gallant friend, he should refer only to public documents. As evidence of the public merits of sir R. Donkin, he would read the letter of approbation written to him by lord Bathurst; the address of the chief justice, and other members of the judicial body, on his resigning his government; and some addresses, on the same occasion, from the merchants and principal inhabitants of the colony. He eulogized the measures of sir R. Donkin's government. It had produced security, and was administered with economy. The moment he had resigned it, insecurity, murder, plunder, dissatisfaction, and, in fact, utter ruin ensued.

Lord Edward Somerset

was not disposed to detain the House upon the present occasion, but he could not avoid expressing the satisfaction he felt in seeing the hon. Secretary lay those papers on the table of the House, which would at last enable it to go into a full and fair investigation of all the charges which had been put forth against his noble relative; and, at the same time, tend to place the character of lord C. Somerset in that honourable light before the public, to which he was satisfied it was entitled. The House would now, perhaps, be able to judge, as well from the observations of his hon. friend, as from the letters and extracts to be laid on the table, in what kind of a spirit, the accusations against hls noble relation had been preferred. They would be able to judge, whether the spirit of the one had been rancorous, or whether the other had fulfilled his duty as a public accuser. The House would now be able to pronounce an impartial judgment upon the conduct of lord Bathurst and his noble relation. There were but two courses which lord Bathurst could pursue, under the circumstances. One was, to believe all the charges to be true, to the prejudice of lord C. Somerset; the other, to disbelieve them, and to call upon the accuser to substantiate them, if it was in his power. Lord Bathurst had called upon sir R. Donkin to maintain his charges, and he had abandoned them. He would not trouble the House with any further observations upon the inferences to be drawn from this conduct. The proper time for remark must be when the House came to consider the nature of the charges; and he would, therefore, beseech the House not to allow itself to be influenced by those reports which had been, for years, circulated from all quarters, and reiterated in the public prints. When they had the whole of the papers containing these charges before them, he was satisfied they would see reason to exonerate lord Charles from the accusations which had been preferred against him.

Mr. Freemantle

expressed his regret that the charges against the noble lord had been allowed to remain so long hanging over his head. When the subject was last before the House, he was both surprised and pained at hearing the then Secretary of State for Foreign Affairs state to the House, that his majesty's government had sent out a commission to that noble lord to return home. What could the House or the country conclude from such a statement, but that there was a very strong case, in the opinion of the government, made out against him? It was a thing very much to be regretted, that his hon. friend had not, two years ago, laid these documents upon the table of the House; for if the case against the noble lord was so groundless that the facts of every petition to that House had, upon inquiry before the commissioners, been fully disproved, he thought the noble lord had been very ill used.

Mr. Hume

said, the question was not at present, whether they were to go into the inquiry upon the conduct of lord C. Somerset, but whether certain papers should be laid on the table of the House. When the question of lord Charles's conduct came to be discussed, he doubted not that there were many gentlemen ready to give their opinions, and state the grounds of those opinions. A great deal had been said of the conduct of general Donkin; and he now hoped, that as the hon. gentleman had at last laid the correspondence on the table, he would consent to produce all the papers which might be wanting for a thorough examination of every thing connected with the question. He did not, he hope, misunderstand the hon. member, who asserted that every petition which had been laid on the table of that House, implicating the conduct of lord Charles, had been regularly sent out to the commissioners at the Cape, and made the subject of inquiry. Now, if that was really the case, it was not a little extraordinary that the House had never been put in possession of the result. The hon, member then de- fended the conduct of sir R. Donkin, and declared his opinion that he had acted rightly in leaving the matter to the commissioners. If the hon. Secretary had read that letter in which sir Rufane declared he had charges which, if preferred against lord Charles, would cover him with infamy and ruin, he would find, that when he was asked to become the accuser on those charges, he at once said he could not retract what he had said; but he would rather wait and hear the result of the inquiry before the commissioners, than at once come forward in that capacity. That was in 1823; and it was no wonder, therefore, that the gallant officer expressed his surprise at the delay which had taken place.

Mr. Brougham

said, he could not avoid making one or two observations upon some expressions which had fallen from hon. gentlemen, with respect to the course he had pursued. It had been said, that he had brought a charge against lord Charles Somerset, and that it had failed. Now, the fact was, that he presented a petition; and he thought it due to the noble lord, who had on that occasion, as well as on every other, when the case had been mentioned, defended his noble relation with the greatest regard to honour and propriety, as well as with the greatest spirit; and it was but fair also to himself, to declare, that he had never taken any step upon the case, except in presenting that petition. He had then stated most distinctly, that he desired not to be under the slightest responsibility for the veracity of any thing contained in that petition—a fact of which he was the more certain, as he had, in addition to his own distinct recollection of the circumstances, even looked into the debates of the period, which he found to be, as they almost always were, exceedingly correct. He had then, he repeated, most distinctly guarded himself, in opening the charges of Mr. Bishop Burnett against lord C., from being considered answerable for one tittle of the allegations; but he had, at the same time, felt himself bound to say, that he had seen the accuser, and examined him upon the facts—that he had, upon the strictest cross-examination he had been able to give him, adhered to those facts—that he had been consistent in his statements, and clear in his answers; and he had concluded by observing, without saying any thing further, that all these circumstances were primâ facie evidences of the truth of the accusations—slender proofs, he allowed, but that still they went somewhat to support the allegations. The presentation of that petition was the only act of his connected with the question. As to the progress which the commissioners had made, or as to the failure of the charges, he knew nothing; nor did he wish, without further information, to say any thing of those commissioners. One of them, Mr. Bigg, had been a most esteemed friend of his for many years; and he certainly felt disposed to speak with respect of any commission which included him as a member. All he would say at present was, that if the charges had been, as it was said, disproved, then lord C. Somerset had not been fairly dealt with. The charges ought not to have been left hanging over his head so long. If they were capable of being disproved, he would say at once that they ought to be disproved, or totally abandoned. Mr. Bishop Burnett persisted in these charges, and had even given publication to several additional accusations; and he agreed, therefore, most fully with the noble lord, that these charges ought to be either dismissed if they were false, or proved if they were capable of proof. It had been said, however, that he had pledged himself, on the occasion of that debate, to impeach lord C. Somerset. The House had that night heard, that all the charges against lord Charles had been inquired into, save one; but that one he considered to be the only grave charge among all those preferred against the noble lord. The charge was no less than one of judicial corruption—the taking a bribe in a court of appeal, where he sat as a judge. It had been his opinion at the time, that the charge could not be true: he had said, he could not believe it to be true. He had felt himself hound also to say, when the noble lord, on that occasion as on this, repelled the idea of such guilt—that the charge was to be found certainly in a parenthesis only of Mr. Bishop Burnett's statement, and did not form an integral part of the accusations. Now, the commissioners might have been right, or they might have been wrong, in saying that lord C. Somerset was not guilty, and that the charges of Bishop Burnett had been disproved, but this charge had not been inquired into; and, although he thought lord Charles could not be guilty, yet, if he thought that the statement was founded in fact, it was his duty to impeach the person who had been guilty of such an offence. It had been his determination, then, to have the whole matter investigated, because he thought it due to himself, as well as to others; hut, within four or five days after that debate, he was called upon to appear before the privy council in his professional character, upon a case which very much surprised him. He had the brief, he believed, for ten days before, and previous to the evening of the debate; but every one knew well, that it was not the practice of lawyers to look much into their briefs before the time they were called upon to argue them, and in the pressure of business, he had not opened it until the time he mentioned. He was therefore not a little surprised to find, that he was a counsel in the very cause which was founded upon that grave charge against lord C. Somerset. It was an appeal cause from the Cape of Good Hope against a decision pronounced by lord Charles, sitting, by one of the ridiculous regulations which prevailed in the colonies and most of our foreign possessions, as a judge or chancellor—a regulation, by-the bye, just as absurd as if the duke of Wellington were to be made lord chancellor. The appeal was against the decision of lord Charles as a judge, and he was counsel for the respondent. The appellant objected to the decision, among other things, upon the very ground stated by Bishop Burnett in his charges—that of corruption; and it was the part of the respondent to repel by every means in his power, the charge of that corruption. Now, he would put it to any hon. member to say, whether, while he was arguing in one place that there was no corruption in the case, and that lord Charles was innocent, he could appear in another place, for the purpose of attempting to support charges proving him not innocent? He thought he was bound to keep separate the duties of the judge and the advocate, and he had therefore thought it right to cease from any further prosecution of those charges, while he remained in that condition. He now, however, agreed most fully with the noble lord, that the time was come, when they ought to determine whether lord Charles was guilty or innocent; so that the House might be at once able to determine whether he was to be confirmed in, or dismissed from, the government in which he was placed. The motion for the several papers was agreed to.