Commons Sitting of 22 April 1839

MINUTES.
Bill. Read a second time:—Imprisonment for Debt Act Amendment.
Petitions presented. By Lord A. PAGET, from Lichfield, for a Uniform Penny Postage.

MALTA.
Mr. Haweswished to know from the right hon. the Under-secretary for the Colonies, whether he had any objection to lay before the House the third report of the commissioners at Malta; and also a copy of the law lately promulgated in that island relating to the liberty of the press, together with any comments attached to it? He likewise wished to know whether the right hon. Gentleman would state whether the Government had agreed to the recommendation of the commissioners, to abolish the Vice-Admiralty Court at Malta.
Mr. Laboucheresaid, that it was his intention to lay the papers alluded to on the Table of the House, which would give the

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hon. Member all the information he required on the first and second points. As to the recommendation of the commissioners, he could not go into the answer to that question without accompanying his answer with explanations which it would be inconvenient to the state of other business in the House, to go into at that moment.

JAMAICA—(SUSPENSION OF THE CONSTITUTION.)
Mr. Labouchere,in moving the Order of the Day for the second reading of this Bill, said he would briefly state the course which he intended to pursue. He would propose, that the second reading should take place without discussion; and then that counsel should be called in and heard. This was the course adopted in the case of the bill of last year respecting the Canadas. He would propose that the discussion should take place on the next stage of the bill, with, of course, this understanding, that no Member would he pledged by assenting to the second reading to any support of it at a future stage, if he should see cause to oppose it.
Sir Robert Peelsaid, he would take that opportunity of stating the course which he intended to pursue. In the first place, he should offer no objection to the course suggested by the right hon. Gentleman; lie would now consent, therefore, to the second reading of the bill, before the hear-in of counsel, with, of course, the distinct understanding, that he was not pledged thereby to an acquiescence in it at any future stage. Supposing then, that other Members 'were of the same opinion, the bill would be read a second time pro formâ, and then counsel would be heard against it. But then came the question, what course would the House take immediately after the counsel should have concluded? It was now seven o'clock, and it was only now that the public business might be said to have commenced. Counsel were not, in general, very moderate in the length of their addresses; at all events, it was uncertain to what length their statements would extend. There were two, he understood, to appear in support of different parties. [An hon. Member said there were three.] That would make the time the longer, and the termination still more uncertain; and therefore it did appear to him, that it would not be convenient to proceed further with the bill that night, after counsel should have concluded.
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He would go farther than the right hon. Gentleman, and consent to having the bill committed, and have the discussion on the question, that the Speaker do leave the Chair. He would now say a word as to his own views on some points connected with this measure, and he did so because he did not consider it as a party question; and therefore, any statement of his opinions on any part of it, would not compromise any of the party with which be was connected in supporting or opposing it. His opinion was, that Parliament should adhere to the Prisons' Bill. That, he thought, was a necessary course. At the same time he did think it would be wise, when they were about to suspend the constitution of Jamaica for five years, and to impose taxation to a considerable extent by a Government which was any thing but popular in its form—he did think that before adopting that course, they should see whether they could not find out some other alternative. He would wish to give to the local government of Jamaica an opportunity of reconsidering their course; by this he did not mean that the Imperial Parliament should abandon the Prisons' Bill. They must contend for their right to pass and to adhere to that measure, and so express themselves to the House of Assembly, while they gave the House of Assembly the opportunity of re-considering the measures it had adopted. At the same time he would admit, that it might be necessary to provide for the contingency of the House of Assembly continuing refractory, and if her Majesty's Government should convince him of the necessity of providing for such a contingency, he would consent to confide to them power to carry on for a time the government of Jamaica until Parliament should decide otherwise; and, if it could be further shown, that public business would be prejudiced by any delay, he would not object to go on with the bill; he would not make any opposition to its proceeding. He, therefore, would not object to the second reading of the bill now, and to go to the consideration of it in committee, but he still thought, that some reasonable time should be allowed for the consideration of the arguments of counsel. If the Government thought his opinion reasonable, they would adopt it. It was possible, that after hearing counsel he might be convinced, that the bill was proper and necessary, in which case he would agree to it.
Mr. Laboucheresaid, he could not take upon himself the responsibility of delaying the measure. He could assure the right hon. Baronet, that it had not been introduced without the most mature consideration and the strongest conviction of its necessity. It was therefore of importance that it should not be delayed. Some hon. Members might not wish to proceed with the discussion immediately after the hearing of counsel; but he would put it to the House, whether it might not be inconvenient that the arguments of counsel should go without the opportunity of having them answered. If, however, the right hon. Baronet did not wish that they should go on immediately after hearing counsel, he would not object; but he hoped, that as little delay as possible would be interposed, before the House should pronounce an opinion upon the question. It was also of the utmost importance, that the House of Assembly of Jamaica should not be left in ignorance of that decision, but should be made acquainted with it as soon as possible.
Sir R. Peelsaid, that the right hon. Gentleman had altogether misunderstood him. He had no wish or intention to offer any opposition to the progress of the bill. He had no wish to postpone it unnecessarily. He would only say, that as the evening was now much advanced, and as it seemed to be the rule, that they were to be called upon to adjourn at twelve, they might not have more than an hour or two for discussion after counsel should have concluded. He spoke of this as a matter of convenience to the House, but without a wish to offer any impediment to the discussion of the question.
Bill read a second time.
It was then ordered (on the motion of Sir R. H. Inglis) that Mr. Burge be heard as counsel for the House of Assembly, and (on the motion of Mr. Godson), that Mr. Sergeant Merewether be heard for the people of Jamaica.
These gentlemen were called in, and Mr. Burge addressed the House at great length.* Further hearing of counsel adjourned.