HC Deb 30 May 1828 vol 19 cc907-15

The House having resolved itself into a committee of supply, to which the Miscellaneous Estimates were referred,

Mr. G. Dawson

moved, that 140,000l.be granted to defray the civil contingencies of the year 1828.

Mr. Hume

complained, that so many items were classed under a single head, and thought it would be much better that they should be separated in the estimates, in order that each might be dealt with upon its own merits. There was, for instance, under the present head, such a sum as 9,896l. for the commissioners appointed to inquire into the government at the Cape of Good Hope. As he had mentioned that vote, he could not help observing how extraordinary it was that they should go on paying money, from year to year, for commissions which had hitherto done nothing. This commission was of five years' standing, and yet the House had seen nothing from them, but a few garbled extracts from a report which did not enable the House to form any opinion on the subject which they were appointed to investigate. In his opinion, parliament ought to have the whole of these documents before them, that they might know what the opinion of the commissioners was, with respect to the mis-government of which they had heard so many complaints. He was anxious to know whether the House was to be made acquainted with the result of the commission of inquiry: not that he expected from their report any redress to the colonies for past grievances; but he should feel a satisfaction in knowing whether their former statements had been correct.

The Chancellor of the Exchequer

said, the commissioners had not yet made their final report. He remembered that, in a former case, when part of a report was submitted to the House, it was felt that it would be inconvenient to lay the whole upon the table, in consequence of some individual reflections. He hoped he should soon be able to answer the questions put to him.

Mr. Hume

said, that a million of money had been paid in the course of the last twenty years, for commissions of inquiry; in return for which, we had only received extracts and abstracts, and alt sorts of partial and garbled statements.

Mr. Dawson

observed, that the suggestion of the hon. gentleman for separating the estimates, might form a proper subject for the finance committee, but could not be entertained in a committee like the present.

Sir J. Newport

was of opinion, that parliament had a right to the whole of the reports, and ought not to be satisfied with mere extracts.

The Chancellor of the Exchequer

said, he did not deny the right of parliament to the whole of the reports: he had mere- ly alluded to a particular instance, in which the right hon. baronet himself had agreed at the time.

Mr. Gordon

maintained the right of parliament to a full and complete report of the commissioners whom they had appointed.

Mr. Peel

said, that his right hon. friend could not mean to deny the right of the House, but to except only such cases of individual difference and hostility as ought not to be revived, unless connected with some question relating to the public service.

Mr. Baring

could not concur in the distinction drawn by the right hon. gentleman, for he seemed to forget, that the whole of those questions between the colonies and their governors were questions of a personal nature. All the petitioners complained of the gross misgovernment of individuals, and it was to be remembered, that every one of our great colonies had now come forward with complaints. Unless the gallant officer now at the head of that department, could devise some better mode of governing the colonies than had hitherto been adopted, it was to be feared that great evils would arise under the present system. If it was to be understood that every thing of a personal nature was to be struck out from these reports, the House never could understand the question between the colonies and their governors. The case was different in matters of a strictly private nature, though even then he should be very jealous of leaving it to the colonial department to decide what was private and what was not.

Mr. Peel

said, he had merely alluded to private differences, which were known to exist at the Cape.

Mr. Hume

was of opinion, that when a public commission was appointed, it ought not to be in the power of ministers to defer the presentation of their report, because it contained matter of a private or a personal nature. They ought to take it for granted, that the commissioners whom they appointed would not introduce into their report any thing that was frivolous or impertinent. As he intended to take another opportunity of saying a word or two on these reports, he would leave them without further remark at present, and would proceed to notice an item of 6 000l. which was charged for defraying the expenses incur- red by the commissioners appointed to carry into effect the 4th, 5th, 6th, and 7th articles of the treaty of Ghent, between his Majesty and the United States of America: and another item of 2,400l. charged for defraying the expenses of the commission appointed to carry into effect the stipulations of the convention signed at St. Petersburgh, in 1 822, for the more effectual execution of the 1st article of the same treaty. The chancellor of the Exchequer had been one of those commissioners; and, if he recollected right, the commission itself had been appointed soon after the peace of 1815. As it had already cost the country between 70,000l. and 80,000l., he wished to know how long it was to continue, in what state of progress the negotiations were, and when the public was likely to hear of their having been brought to a termination.

The Chancellor of the Exchequer

said, it would be in the recollection of the committee, that it was arranged, under the treaty of Ghent, that commissioners should be appointed to settle the boundary line between the territories of his Britannic majesty and of the United States. It was found that such a settlement could not be made without commissioners being present on the spot; and in consequence two sets of commissions had been appointed. He was happy to state, with regard to one of them, that their labours were already terminated, and with regard to the other, that they would terminate in the course of the next year; so that, after that period, the committee would not be called upon to make any further grants upon this head. With respect to the item of 2,400l. it was rendered necessary by the convention which had taken place at St. Petersburgh. The commissioners appointed by the two contracting parties to the treaty of Ghent had power reserved to them to defer any point disputed between them to any foreign Court which was friendly to them both. A disputed point had arisen, and the power appointed to decide it was the court of St. Petersburgh.

Mr. Hume

said, there was a charge of 4,000l. for the commission established at London and Madrid, for carrying into effect the convention concluded at Madrid in March, 1823, for settling the claims of British and Spanish subjects. He wished to know whether that commission had made any progress?

The Chancellor of the Exchequer

replied, that negotiations were going on between the two governments, the object of which was to relieve the country from this expense.

Mr. Hume

proceeded to contend, that the country was paying more for its diplomatic services than any other in the world. Besides the charge of 226,000l. on the civil list, for diplomatic services, there was a charge of 42,000l. for extraordinary disbursements. He had expected that after the promise made upon this subject last year, some reduction would have been made. It was a charge disproportioned to the wants of the country. By whom, then, was it to be reduced? The House was unwilling, and ministers refused to reduce it; and so it would go on, he was afraid, to the end of time. He was sorry to see among the presents, 500l. to the Brazilian Chancery, on the ratification of the treaty; and again, 1,000l. to the Mexican Chancery on a similar occasion. Now these charges were novel in themselves, and ought to be disallowed in future. He understood that Mexico had adopted the law of the United States, by which it was made penal for public servants to receive presents from foreign courts. He therefore wished to know whether 1,000l. had actually been paid to the Chancery of Mexico? With respect' to the presents to the Russian and French Chancery, they ought to be put an end to immediately.

The Chancellor of the Exchequer

said, that when the treaty was signed, the Mexican government thought proper to make a present of 1,000l. and it was usual, in diplomacy, to return it: but, whether that was, or was not, consistent with the law of Mexico, he could not say.

Mr. Hume

said, that a stop should be put to this exchange of presents with foreign ministers, which he looked upon as nothing else but bribery and corruption [a laugh]. After all the pains we had been taking to make electors honest, we ought to take some pains to make the high officers of state honest too. Public functionaries ought to be prevented from receiving presents in this manner, or be compelled to pay the amount into the public treasury.

Captain O'Neill

wished to know whether the hon. member would reduce those who represented the majesty of England to this wretched condition—that they should receive presents from foreign powers, and not be allowed to make them in return?

Mr. Hume

thought, that it would be a great saving to every country, if a stop were put to the practice of making and receiving presents.

The resolution was agreed to.

Mr. Dawson

then moved, that 98,413l. be granted for making good the deficiency of the fee fund in the departments of the Treasury, the offices of the Secretaries of State, and of the Privy Council.

Mr. Hume

said, he wished to make one observation on the expenditure of the colonial department, which amounted this year to 39,000l. Among the items, he saw a charge of 1,000l. to Mr. James Stephen, as counsel to that office. He likewise saw another item of 500l. to the same individual as counsel to the Board of Trade. Now, he believed Mr. Stephen to be a most deserving man; but he must say that his appointment as counsel to the colonial department was a most objectionable appointment, considering the situation in which he stood with respect to the dispute between this government and the West Indian interest. It was said in the West Indies, that he had drawn up the celebrated colonial letter of Mr. Huskisson. Now, let that be as it might, ministers ought to have paid attention to the feelings of the West Indians on that subject.

The Chancellor of the Exchequer

said, he had, in his intercourse with the colonial office, known Mr. Stephen, and he believed him to be a man of honour and of perfect impartiality.

Mr. R. Gordon

gave full credit to the merits of Mr. Stephen; still, such was the prejudice against him, and such was the extraordinary coincidence between his writings relative to colonial affairs, and the public acts of the government at home, alluding more particularly to the late despatch of the colonial minister where whole passages were literally the same, that he verily believed no one circumstance would tend more to conciliate the colonies, than—not the removal, for he meant no reflection upon the individual—but the promotion of that gentleman to some other office. It would, he could not help thinking, be alike grateful to the learned gentleman himself, as it would undoubtedly be to the colonies.

Mr. Bright

had no desire to speak disparagingly of Mr. Stephen, although he felt the weight of prejudice which called for his removal, and knew that it would be the greatest step which the government could take towards the conciliation of the colonies. It had led to more unpleasant and vexatious proceedings than had ever taken place upon any other appointment.

On the resolution, that 106,958l. be granted to defray the expense attending the confining, maintaining, and employing, convicts at home and at Bermuda, for the year 1828,

Mr. Hume

doubted whether the confinement of convicts on board the hulks, as the system was now carried on, was of any service. Persons who had been thus treated were often brought two or three times before courts of justice, after they had undergone their punishment. It would be much better to send the convicts out of the country at once.

Mr. Secretary Peel

said, that the hon. gentleman was probably not aware of the fact, that there was a limit to the number of convicts who could be received in the colony of New South Wales; and it was, besides, very doubtful, whether those who were sent to that colony proved such good members of society as those who were forced to labour on board the hulks. It was a matter worthy of attention, that transportation had not been introduced, as a punishment, into any other country of Europe. In almost all other countries, convicts were subjected to hard labour on public works. That the result of the employment of a certain portion of the convicts in labour on board the Hulks was not expensive, a slight examination of the accounts would prove. By the return in his hand, it appeared, that there were last year on board the Hulks, four thousand and thirty healthy convicts, and two hundred and thirty-three sick, making in ail four thousand two hundred and sixty-three. The deaths in the year amounted to one hundred and sixty-six, and the total expense of their support was estimated at 75,810l. The value of their labour during the year was estimated at 73,000l. So that if there had been no convicts to do the work, the government must have paid that sum for labour done on public works, and the total expense incurred by keeping the convicts in this country was, therefore, something under 3,000l. The calculation as to the value of their labour might be a high one; but still the value of it was known to be great. The giving of three-halfpence a day to every convict, proved a great inducement to labour, and generated habits of industry and care, which were much more likely to render them useful members of society, than any residence in New South Wales. The expense of supporting each convict was about 17l. 15s.; but the actual loss in not sending them out of the country was not more than 12s. for each convict throughout the year. If means could be found at all in the colonies of employing convicts in public works, in the same manner as in Bermuda, the arrangements might be different; but at the present moment no better means could be devised than employment on board the Hulks at home.

Mr. Benett

agreed, that it was better to employ the convicts in labour if possible, but he thought that labour ought to be performed in the colonies. The convicts were kept in this country at a great expense, in order to do that labour which ought to fall to the lot of the guiltless and the industrious part of the community. He recommended the government, if they were determined to promote emigration, to begin with the worthless part of the population. If any of the convicts considered transportation in any other light than a punishment, he would send them to countries less congenial with their feelings, and less favourable in climate.

Sir G. Cockburn

bore testimony to the extent of labour done by the convicts in the Dock-yards. They proved the best workmen, and saved considerable sums to the government.

Mr. Benett

deprecated the system of condemning convicts for seven years to the Hulks, but whose punishment was remitted after two years' condemnation. This commutation of punishment gave employment to undeserving convicts, whilst industrious persons were left without occupation.

Lord F. L. Gower

said, that from the little experience he had had in colonial affairs, he was impressed with the conviction, that there could not be a worse with reference to New South Wales, than to carry into execution sentences of seven years' transportation. This country could not make a worse present to that colony than a young London pickpocket.

Mr. Secretary Peel

said, that the hon. member was mistaken as to the remission of punishment at the end of two years. The rule was, that the superintendent, at the end of three years and a half, had the privilege of recommending eight out of every hundred convicts to the Secretary of State, for a remission of the remainder of their punishment. This was an inducement held out to the convicts for good behaviour; and he did not think it an unreasonable indulgence to those who had distinguished themselves by habits of industry and attention. With reference to the hon. gentleman's proposal, to transport the convicts to different colonies, surely he did not consider the enormous expense of such a system. In every colony to which convicts were sent, it would be necessary to have an establishment to receive them, with officers to superintend. It might be a question how far it would be advisable to have another penal colony; but, with regard to New South Wales, it should be remembered, that before the convicts were sent out there in sufficient number for the purposes of the colony, the expense attendant on sending provisions, & c. was enormous.

Mr. Alderman Waithman

considered the present system preferable to any that he had heard suggested.

Mr. Stuart Worthy

thought it high time, that the colony should be exempted from a practice which impeded its improvement.

The resolution was agreed to; as were also the remaining resolutions, after a desultory conversation.