Lords Sitting of 3 May 1838

MINUTES.
Bill. Read a first time:—Consolidated Fund.
Petitions presented. By the Duke of CLEVELAND, from Gateshead, and by the Marquess of SLIGO, from Alston, Amersham, Bucks, Shepton, Belfast, and from the Females of Whitehaven, for the Abolition of Negro Apprenticeship.—By the Marquess of SLIGO, from the High Sheriff and Grand Jury of the county of Mayo, against the Irish Poor Relief Bill.—By the Duke of RICHMOND, from the Dean and Clergy of Waterford, and the Roman Catholic Bishop, and other Inhabitants, that the claims of the able-bodied and the impotent pauper might not be confounded in the Poor Relief (Ireland) Bill.

CONTAGION.
The Bishop of Exetersaid, he rose to present a petition, which, though it came from a single individual, related to a matter of much interest to the pauper inhabitants of the metropolis. As the statements contained in the petition were of a very grave and serious kind, he begged leave to observe, that he knew nothing about the petitioner, and that he could not give his personal attestation as to the correctness of the facts adverted to by him, but which, the petitioner said, he was prepared to prove. He had, however, made inquiry as to one important allegation set forth by the petitioner—namely, that he was the author of an invention to promote the rapid decomposition of animal bodies, which had been approved of by Sir Benjamin Brodie; and this he had ascertained to be the fact. The petitioner stated, that by the 13th section of the Act of the 2nd and 3rd William 4th, which related to schools of anatomy, it was directed, that the bodies of paupers, after undergoing anatomical examination, should be interred; but that instead of paupers' remains being so interred, the common practice was to put a large mass of the remains of different persons together in vessels and to bury them promiscuously. The petitioner then stated, that he had discovered a mode of promoting the rapid decomposition of animal bodies, which, in the opinion of Sir Benjamin Brodie, was calculated to be of considerable public benefit, by diminishing the chances of contagion. The right rev. Prelate said he should move, after the petition was laid on the table, that it be referred to the select Committee appointed to inquire into certain cases that had occurred under the Poor-law Amendment Act.
The Earl of Radnorsaid, the right rev. Prelate ought to have made some inquiry

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into these statements before he proposed to refer the petition to a Committee of that House. He much regretted, that the right rev. Prelate had not acquired some information as to the truth of those allegations before he had taken so much pains to make them public. But, whether they were true or not, he could not conceive what possible connexion the subject of the petition had, or could have, with the new Poor-law. If there had been a Committee sitting on the Anatomy Bill, he could understand why such a petition should be referred to it; but he could not imagine why it should be referred to the Committee alluded to by the right rev. Prelate. It would, however, appear as if some persons wished to throw on the Poor-law Bill the odium of certain affairs which were said to have occurred under the Anatomy Act, but with which (supposing they turned out to be true) the new Poor-law had nothing whatsoever to do.
The Bishop of Exeterhad already stated, that he did not hold himself responsible for the allegations contained in the petition, but he had also stated, that the petitioner pledged himself to prove their truth. That being the case, he ought to be allowed an opportunity to make good those allegations. In his opinion their Lordships would not do their duty if they did not receive a petition respectfully worded, and allow the petitioner to substantiate his statements. He admitted, with the noble Earl, that the matter complained of did not affect the new Poor-law, but he contended that it did affect establishments formed under that act; for the bodies referred to by the petitioner were the bodies of persons who died in the union workhouses of this metropolis, and were disposed of, as he alleged, in a very improper manner. He (the Bishop of Exeter) did not say, that a single point of the petitioner's statements was correct, but he hoped that the petitioner's allegations would be inquired into, and if he had made false representations on this subject, he ought to be covered with that shame and disgrace which he deserved.
The Duke of Richmondsaid, he had looked over the petition, and he could not see one syllable about union workhouses in it. [The Bishop of Exeter: I can set the noble Duke right.] "One at a time, if the right rev. Prelate pleases; it is
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more regular in this House." The petition spoke of parishes, without stating whether they were under the union workhouse system or not. The Committee to which the right rev. Prelate wished this petition to be referred had a great deal to do, and it would be much better if the right rev. Prelate would move that the petition should be referred to a separate Committee, to report specially on this subject. The consequence would be, that the report of such a Committee would be made in a very short time; and, if any alteration in the existing law were proper to be carried into effect, it could be done in the present Session. He agreed with the right rev. Prelate in the opinion, that if what the petitioner alleged was the fact, it was quite proper that the subject should be inquired into.
Viscount Melbourneapprehended that it was very unusual to present a petition calling for inquiry without special grounds being laid down in support of the proposition. In this case no grounds were laid down for any such inquiry as that proposed. It would have been proper, in the first instance, for the right rev. Prelate himself to have ascertained the truth of the statements made by the petitioner before he called for a Parliamentary inquiry.
The Bishop of Exetersaid, when a Committee was sitting to investigate certain matters connected with the interest of the poor, he conceived that it might also inquire whether the statements contained in this petition, and which also affected the poor, were well founded or not. Had he thought it necessary to call on the House to appoint a Committee, he certainly in that case should have felt it to be his duty in the first instance to make inquiry into these allegations. These allegations, which were certainly of a very grave character, seemed to him so far worthy of attention, as they came from an individual who was the inventor of a very important process, which might prove of great benefit to mankind.
The Earl of Radnorreiterated his statement that the matters referred to in the petition had nothing whatever to do with the Poor-law Amendment Act. In fact, there was nothing in the petition which related in any way to that Act. Mr. Roberts, the petitioner, might be a very respectable man for aught he knew, but he confessed that this petition ap-

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peared to him to be a puff for Mr. Roberts's invention.
Lord Wharncliffesaid, the petition had nothing to do with the Poor-law Bill, but had reference rather to the Anatomy Regulation Act.
Petition laid on the table.

CHURCH COMMISSION.
The Bishop of Exeterbegged leave to ask a question of the noble Viscount, as to the course which Ministers meant to pursue with respect to the recommendations of the Church Commissioners. Did they mean to go on with the bills for carrying those recommendations into effect in the present Session? It was of great importance that he and his reverend brethren should be apprised of the intention of her Majesty's Government respecting those measures, because it would be impossible for them otherwise to make arrangements for the convenience, at once, of themselves and of their respective dioceses. Another reason why he deemed this information necessary was, because he saw by the votes of the House of Commons that a Committee on this particular subject would be moved for on that very evening. If that Committee were granted, it would have to deal with matters, and would immediately interfere with business, which appertained to the Commissioners, as appeared by the preamble of the Act under which they were appointed. Supposing that Committee to proceed, its labours would contravene the provisions of the Statute, which the noble Viscount, a short time ago, declared he would resist any intention of interfering with. He alluded to the 6th and 7th William 4th, cap. 37.
Viscount Melbournesaid, it was the intention of her Majesty's Government to proceed with the Benefices Pluralities Bill, and the bill for the regulation of church leases under deans and chapters, as early as circumstances and the state of the other business would permit

MALTA COMMISSION.
The Earl of Riponrose, pursuant to notice, to move for a return of the expense incurred by the Commission sent out to Malta in 1837. Those expenses, he must say, were incurred at a time when the necessity for economy ought to have created a deep anxiety to get rid of every unnecessary expenditure. He should briefly advert to the steps taken by the Commission, and
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he should endeavour to prove, that it was altogether useless and unnecessary. He did not mean to say, that there were no matters respecting that island which demanded the attention of the Government, but he denied, that there were any of such a magnitude as to justify the Government in running away from its own responsibility, and putting it on the shoulders of others, to inquire and recommend what remedies should be applied. The Secretary of State had no difficulty in getting any information he might want; all he had to do was, to send out a dispatch to the Governor, and he would, at once, have got more information than any that could be obtained by gentlemen sent out without any previous knowledge of the island. He could say, on his own knowledge, that in the archives of the Colonial-office abundant information was to be found on this subject. The reports of this Commission, though they had cost the country about 5,000 l., were not worth 5l. The Commissioners had reversed the old maxim, "Ex nihilo nihil fit," for they positively made a great deal out of nothing. Let the House just consider what had been done. A commission had been issued by the noble Lord. Two gentlemen had been sent out as Commissioners, one of them, of course, a barrister of six years' standing. Now, it appeared to him, that there was not, at present, so flourishing a set of men as your barristers of six years' standing. Their Lordships heard, occasionally, of the distress of the shipping interest, of the mercantile interest, of the agricultural interest, and also of the poor under the new system by which their affairs were administered: but the ingenuity of man could not devise a pretext for asserting that your barristers of six years' standing were not in most flourishing circumstances. Those learned gentlemen had not only the usual chances of success in their profession, if they had any talent, but they had also the flattering prospect of a good commissionership before them, if they had no talent. Though they might not be able to reach the great seal, a commission under the great seal came easily within their grasp. Besides, a barrister of six years' standing, whose talents he did not mean to depreciate, a relation of his own, whose talents were thrown away upon the commission, was appointed upon it. The first report which they had presented was a very long one;

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their Lordships need not be afraid of his reading it to them. It contained not less than fifteen pages. It was upon that very new subject the liberty of the press. Now, was it necessary to send out a Commission 1,200 miles to obtain a report on the liberty of the press? The veriest tyro in the Temple could have drawn up a report on that subject, and the noble Lord could have got as much information upon it as he wanted from any of the clerks in Downing-street. After stating the friendly and hospitable reception which they had received from all parties in the island, and after stating how comfortably they were lodged under the auspices of the Governor, the Commissioners commenced their report to the noble Lord with a long string of grandiloquent common-places on the law and on the administration of the law with respect to printing and publishing in the island of Malta. Now, surely, a report on that subject could have been obtained from the Attorney-General of the island, without having recourse to the expensive process of a Commission. The Commissioners then went into a long discussion on the origin and legality of the censorship. He could have understood their reasons for entering into a discussion as to whether the censorship was instituted under this grand master, or under that, had their report been addressed to his noble Friend behind him when he was Secretary for the Colonies; for his noble Friend (the Earl of Aberdeen) happened to be also president of the Society of Antiquaries. But why they should have entered into such a discussion, when the origin of the censorship was of little importance, provided it was legal, he could not for his life understand. They came, however, to the conclusion that the censorship ought to be removed, and then they hit on a very ingenious mode of protracting their composition; for they put forward a series of objections to the very removal which they themselves recommended. They met these objections very successfully, and then came back to their former conclusion, enumerating very scientifically a few of the advantages which would arise from an independent newspaper, "if it were conducted with skill and integrity." Now, was it necessary to send a commission to Malta to enumerate these advantages? One of these advantages was so grandiloquently expressed in point of style, that
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he must be permitted to read it to their Lordships. It was as follows:—
"The structure and policy of the English Government, the opinions and sentiments of the English people, and the nature of the relations between England and Malta, are now understood imperfectly by the great majority of the Maltese. By furnishing its readers with political news from England, and especially with reports of debates in the Houses of Parliament, an independent newspaper would gradually diffuse in Malta correct conceptions of these important subjects."
The next step of the Commissioners, after assuming that the monopoly of printing and the censorship would be removed, was to submit to the Government a mode of introducing the liberty of printing and publishing in one, two, three, four, five, six recommendations. The third recommendation was of so peculiar a kind that he must bring it under the consideration of their Lordships. They found out, that there was so little disposition to read in the island of Malta, that, unless it was helped by the Government, "an independent newspaper conducted with skill and integrity" could not possibly go on. They said, that it was desirable that a newspaper of such a character should be maintained in the island, and then they entered into a calculation of the chances whether it could be so maintained. They said,—
"The Government Gazette is published once a-week, at 3d.; and in November, 1836, its weekly sale amounted to 356 copies. According to Mr. Harper's estimate, 101 of these were sold to Englishmen, and 255 to Maltese and foreigners; 219 were sold for the use of the island, and 137 for that of foreign countries. Besides the 356 copies which were sold, 115 were given to various persons, most of whom are connected with the Government. During the last ten years the number of copies sold has been nearly stationary."
Now, he must again ask their Lordships whether it was necessary that two gentlemen should be sent at great expense from this country to Malta for the mere purpose of making a discovery of this kind? They concluded, however, their third recommendation in the following curious manner:—
It may, perhaps, be objected to the adoption of our third recommendation, that it might be considered an attempt on the part of the Government to influence the newspaper unduly; and to obviate this objection, we would advise that the reasons of the Govern-

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ment for giving its support to the newspaper should be stated frankly to the public."
Now, wicked wags did say, that even in this country attempts were made by the Government to influence certain newspapers, he would not say unduly; and, he did not know what sum he would not give to see his noble Friend's "frank statement" of his reasons for giving his support to those newspapers. So much for this report on the liberty of the press, and so much for the justification of his assertion, that it was not necessary to send out a commission 1,200 miles to make it. Moreover, it had taken these two able commissioners no less than five months to concoct this report. It appeared from their report that they had set sail from Marseilles on the 10th of October, had arrived at Valetta on the 20th, but had not been freed from quarantine till the 26th. Their first report, however, was not dated before the 10th of March, 1837. Well, one would have supposed, that within one month after that report had been received a despatch would have been sent out from this country withdrawing the censorship, and that all Malta would be now enjoying the advantages of "an independent newspaper, conducted with skill and integrity." But, no; it took five months to concoct the report, and, of course, it took an equal time to concoct the reply to it. Well, then, was a despatch sent out to Malta at the end of five months? No. At the end of six? No. At the end of seven? No. Eight months elapsed before the Government at home determined what it would do on this subject; and then, on the 27th of November, 1837, Lord Glenelg wrote a very characteristic despatch to Major General Sir H. Bouverie. He would read the first two paragraphs of it:—
"You are already aware that the report of his Majesty's commissioners at Malta, respecting the freedom of the press in that island has for a considerable time occupied the serious attention of his Majesty's Government. It is unnecessary for me to enter into a particular statement of the causes which have hitherto prevented me from announcing their final decision on this question. It is sufficient to observe, that the delay has been unavoidable, and that it has in no degree arisen from indifference to the importance of the subject, or to the force of the arguments with which the commissioners have advocated an extensive alteration of the law of Malta respecting the publication of printed writings."
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One would have thought, that the length of time which had elapsed since the date of that despatch would have been sufficient to enable his noble Friend to bring this matter to a practical conclusion. But no; the law has not yet been altered, the censorship has not yet been removed, and the Maltese yet remain in that miserable state of darkness, from which it was the intention of the commissioners to rescue them by the establishment of "an independent newspaper, conducted with skill and integrity." The commission, their Lordships ought to be aware, entitled the commissioners to inquire into all matters connected with the Government and trade of the island. They had inquired in consequence into the state of the corn trade, and into the duties levied upon all corn imported into Malta. Now, where was the use of our having a Board of Trade, with its president and vice-presidents; a Board of Treasury, with its Chancellor of the Exchequer and other officers; and, above all, a Board of Customs, with its able Commissioners, if we were also obliged to send out a barrister of six years standing, and another gentleman to do what any and all of these Boards ought to be able to do of themselves? It appeared, too, that nothing was too small for the notice of those commissioners. Formerly the Government always kept a stock of wheat to supply the inhabitants. It had now been deemed necessary to discontinue the keeping up of that stock. It therefore became necessary to sell it, and this was the recommendation of the Commissioners:—
"With regard to the Government stock of wheat, now in the charge of the grain department, we think that it may be most conveniently disposed of in three or four sales, by public auction or by tender, such sales to take place at intervals not greater than three or four weeks. We further think, that public notice ought to be given of the manner in which the Government decides to sell its remaining stock, and that the first sale should take place shortly, as a considerable quantity of the wheat is in a state in which it will be deteriorated by further keeping."
It was unintelligible to him how the Commissioners could have been called upon to report on so small a subject as this; but it was still more unintelligible to him how they could have been sent out so far, at such an expense, for such a trifling inquiry. Again, in consequence of a despatch which he had himself sent out

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when Secretary for the Colonies, a graduated scale of duties was imposed on the importation of corn into Malta. The Commissioners recommended, that the graduated scale should be abolished, and that a fixed duty should be imposed upon it instead. His noble Friend was of opinion, that the proposition of these political economists should be adopted; and yet, if he were rightly informed, the noble Lord's colleagues in another place were opposing the adoption of a fixed duty on corn here at the very time he was writing that despatch. Leaving his noble Friend to reconcile that difference with his colleagues as he best might, he would again repeat what he had so often asserted before, that it was impossible to show, that there were any valid grounds for saddling the country with the expense of this commission. But that expense had been incurred, and incurred, too, at a time when the state of the revenue being unfavourable, required the greatest vigilance. The balance-sheet at the close of last year was exceedingly unfavourable, and exhibited on the 5th of January, 1838, a deficiency of not less than between 700,000 l. and 800,000 l., and the quarter ending the 5th of April presented a state of things still worse; and now, instead of having a sixpence of surplus applicable to the payment of the funded or unfunded debt, there would be, he would not say an alarming, but still a very considerable, a very serious deficiency of revenue, as compared with expenditure, the effect of which must be to increase that portion of the unfunded debt known by the name of the deficiency bills. But that was not all; not only had the revenue suffered greatly during the past year, it appeared from a paper which had been laid on the table of that House, that every one of our great staple manufactures exported to foreign countries had considerably fallen off last season as compared with former years. And what was the state of our expenditure? Here there would necessarily be a considerable increase. The building of the two Houses of Parliament would for a number of years to come form an annual charge of between 200,000 l. and 300,000 l.; he did not expect to see them completed under 2,000,000 l. The country was also engaged in a number of operations which would cost a great deal of money. There was the piebald operation on the coast of Spain, where nobody knew whether we
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were at war or not; at all events the military stores which this country had supplied would amount to a very considerable sum. They had also sent an army to Canada of 10,000 or 12,000 men—one of the finest armies that ever existed; and the expense of their transport and keeping them constantly in a state of perfect equipment ready to proceed to Upper or Lower Canada, to Nova Scotia, or New Brunswick, as circumstances might require, would be very great indeed. All these facts warranted the exercise of what, under other circumstances, might be considered an over captious jealousy of the expenses incurred by such commissions as the present. He really thought it would be wise in Government not to be quite so hasty in the appointment of these commissions, with such extensive powers, for it was no trifling matter to invest men with the power of examining persons on oath, imposing a fine of 20 l., and committing to gaol such as did not appear, or would not give evidence for fourteen days. He did not grudge these Commissioners the sums they were to receive, although he could not help thinking they had been sent to Malta for the purpose of doing nothing; but if any further information should be necessary, he ventured to suggest to his noble Friend, that, as the summer was coming on, and as it was to be supposed after the coronation he would be tolerably at liberty, he might take an excursion to Malta himself; it was a very curious and interesting place, and there could be no doubt his noble Friend would not only experience great hospitality, but derive much amusement and all the information in two or three weeks which he could require satisfactorily to settle the whole of these questions.
Lord Glenelgfelt very much obliged to his noble Friend, for the good-humoured advice he had given him as to the proper care of his health, and assured him, that he should, if possible, carry his advice into effect if his noble Friend honoured him with his company, or he should be very happy to appoint his noble Friend a third Commissioner; and he thought, from what he knew of his noble Friend, and from the compositions of his which had emanated from him in the Colonial-office, that a report from him might perhaps rival the report upon which his noble Friend had so much commented, and which was then before the House. The subject, however,

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was not one well calculated for the display of humour, and in order to be humorous his noble Friend had deviated, he thought, from his usual candour. Knowing the discursive genius of his noble Friend, he was not surprised to find him in his speech wandering away from the dryness of the subject itself. According to the arrangement of the expenses of the Commissioners, their personal expenses were to be 3l. a-day, and their secretary 30 s. Up to February last, the Commissioners might, according to that arrangement, have expended 3,000 l.; but their expenses did not amount to more than 1,690 l. As far then as regarded the necessity of economy, which had been suggested, it would be found that it had been already anticipated by the Commissioners. The paper which was on the table, purported to be the first report of the Commissioners. The second part was not yet before them, and when his noble Friend had undertaken to judge of the result, he could not but think that it would have been both more fair and more candid on the part of his noble Friend to have waited until the whole of the papers were before their Lordships, when the subject could be properly discussed. The expenses of the Commission were not the question, no matter how small or how large they might be; but the whole question was this—was the Commission likely to be useful? Was it required? It could not be a matter of any consequence, so far as the propriety or impropriety of the Commission was concerned, by whom the expenses were to be defrayed; but it was to be remarked, that as the Commission was intended to be for the benefit of the people of Malta, the expenses were to be defrayed out of the revenues of Malta; therefore, the last portion of the speech of his noble Friend, however applicable it might be to the general interests of the country, was not at all applicable to this question. But he could not help remarking, when objections were made as to necessary expenses, they did not come very well from that side of the House, which wished to entail upon the country unnecessary expenses in the coronation. His noble Friend had asserted, that there was no necessity for the Commission. He wished to state to the House the circumstances which led to the formation of the Commission. In 1835, a petition had been presented to the House of Commons, and representations
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had been made by Maltese subjects to the Colonial Department, in which great complaints were made of the injustice with which Malta had been treated by England. It had been contended, that England was not sufficiently mindful of the interests of Malta, and that there were institutions in Malta which were not adapted to that country. He referred their complaints to the local government of Malta, and required a report upon them; he also invited those who made the complaints to go before those who were to inquire into them, or to have representations made to them, and when this was done he desired the report to be communicated to the Government of this country. The witnesses did not then come forward, because there was an opinion prevalent that subjects ought not to complain against the Government. On reading the report afterwards sent to him by the local government, it did not appear to him to be satisfactory. But then his noble Friend had said, that there was one person whom he could have called, and who could have given him all the information possible, if his opinion were asked for; and his noble Friend referred to Sir F. Ponsonby. He admitted the authority of Sir F. Ponsonby; but then his noble Friend was under a mistake in supposing, that that authority was not referred to. He had requested Sir F. Ponsonby to read that report, and Sir F. Ponsonby agreed with him in thinking that it was a report not at all tending to the satisfaction of the people of Malta. The Governor, who was acting for Sir F. Ponsonby, accompanied that report with a letter, stating that the agitation in the colony could not be allayed unless a Committee of the House of Commons reported upon the matters of complaint. The question then to be considered was, whether the matter should be referred to a Committee of the House of Commons, or the investigation should be conducted in any other manner. Sir F. Ponsonby agreed with him, that it would be better to have the Commissioners on the spot, and he, therefore, was desirous of having a commission. They were of opinion, that a commission carried on upon the spot before the people of Malta would be that which would be the most likely to satisfy them. One preliminary question which the Commissioners had to solve was this, to what extent more liberal institutions could be given to Malta,

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having regard to the paramount consideration of its importance as a military and naval station. The noble Lord had alluded to the recommendation of the Commissioners that a free press should be established; the noble Lord was aware that there was, perhaps, no subject on which so much difference of opinion existed as on that. Even amongst those who had the best means of knowing what would be the effect of a free press, there were some who entertained widely different sentiments respecting it. The noble Earl had complained of the delay that had occurred in the proceedings of the commission. He begged to assure the House, that he could account for that delay if it were thought desirable; but he should, for the present, content himself with declaring that there was no delay which was not necessary. With reference to the general remarks of the noble Earl on the subject of commissions, he must observe, that he thought the noble Earl would not deny that many important matters had been brought to a prosperous issue by commissions having been appointed. The principle of appointing commissions with a view to the carrying of great measures had not been acted upon exclusively by the present Government. There was a commission named in the year 1830, and the course pursued, on that occasion, proved that the noble Duke did not consider that by the appointment of the commission the Government of this country threw off its responsibility. This, also, was proved, that a commission, in this country, would not answer the purpose for which that commission was issued. The objects then contemplated were an inquiry into the financial arrangements of the Colonies, and the efficiency of the public service. He thought it would not be denied, that the report of the commission of 1830 was not satisfactory, which was attributable, not to any deficiency in zeal or intelligence on the part of the gentlemen who were the Commissioners, but to their inability to obtain in this country the information that was necessary. It was intended that the commission of which he was now speaking should go to the root of the evils at that time existing, and forming the ground of the complaints that were made; but it left every one of the great questions untouched. He admitted, that Sir F. Ponsonby reduced by many thousands of pounds the amount of
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the annual expenditure of Malta, which he effected by a reduction of the salaries, but very much more remained to be done to place the affairs of that country in a satisfactory position. It was easy, after abuses had been discovered and corrected, to say all this might have been done upon the information already possessed, and that, therefore, the expense of sending out a commission was unnecessary; but if the improvements were such that they might have been made without a reference to Malta, why were they not made when his noble Friend was at the head of the department over which he had now the honour to preside? If the result of sending out the commission had been a discovery that the complaints which had been made, were wholly destitute of foundation, and that the dissatisfaction had no reasonable ground, even then a great object would have been attained, but most unfortunately it was discovered, that abuses did exist, and that the complaints in many important particulars were well founded. The commission of the present Government ascertained that this small territory was overloaded with expensive establishments; that they were not adapted to the wants of the country; that the judicial establishment was maintained at a vast expense, that it did not answer its purpose efficiently, and that it failed to command the respect and confidence of the Maltese. The Commissioners found, that with respect to the charities, abuses existed of a nature much resembling those which prevailed in the administration of the charities in this country, prior to the amendment of the law. They found, that eleemosynary relief had been afforded to a great extent, that it had continued for years, that it was increasing to an extent which threatened to devour the resources of the country, and that its tendency was to add increase to pauperism. He did not charge, the Commissioners did not charge, intentional abuse; they merely stated the fact, that abuse existed. They found, further, that the legislative system was not such as to obtain the confidence of the country; some amelioration was absolutely necessary to adapt it to the feelings and wishes of the people. With respect to many of these subjects, the Commissioners had completed their inquiries, and reported; as regarded others, their report was in the course of preparation. The Commission itself was drawing to a close,

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but he must say, that till the whole of the reports were before their Lordships, they could not form a correct opinion as to its efficiency. It naturally created great discontent among the Maltese, when they saw, that high salaries were paid in many instances without any performance of duty, and that they were appropriated exclusively by Englishmen. Besides, the improvement which was required in the management of the revenue and expenditure of the country, the Commissioners found, that there existed offices with large salaries, without the performance of any duty being attached to them, and these sinecure appointments were appropriated exclusively by the English. 'This naturally created great discontent among the Maltese. The Commissioners found also a marked distinction between the English and the Maltese; they were divided into two distinct classes: there was not only a general exclusion of the Maltese from the higher offices, but they were generally degraded, if he might so say. The result of this treatment had been, that the Maltese felt themselves deeply humiliated, and their sense of the injustice to which they were exposed produced among them general discontent, and great jealousy of the ascendancy of the English. If the only good resulting from the commission, were its putting an end to this unnatural and unjust distinction between the two races, that in itself would be a benefit of so much importance, as fully to compensate for its appointment. Should it be contended that the Maltese were not to be allowed the opportunity of rising, because their ignorance unfitted them for a higher station, the fair reply was, that it was both unjust and cruel to make the ignorance which was the consequence of their having been kept down hitherto, an excuse for keeping them down still longer. He would maintain, that there was no station to which they were competent, from which they ought to be altogether excluded, and to allege against them, that they were incompetent, was to stamp with the deepest disgrace our past government of them. Who could doubt, that they were as adequate to the performance of the duties of offices of state as any other persons? He admitted, that, for the sake of higher interests, the secretary or the assistant-secretary ought, perhaps, to be English; but, conceding this, what reasons were there why either the comptroller of
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the treasury, the collector of the land revenues, the master or the captain of the port—why should those offices of high station, which had hitherto been much overpaid and confined to the English—why should they be so absolutely denied to the Maltese? The Commissioners had reported, that in their judgment they ought not to be, and the Government had adopted that opinion. It having been resolved to exclude the Maltese from the higher offices, it was considered necessary in some measure to compensate them, and the policy had been adopted, therefore, of creating a number of petty offices, which were required for no other purpose but to secure the Maltese in their allegiance. It had been resolved to amend this state of things, and it was proposed to place the Maltese in such of the offices as they might be found qualified to fill, on salaries equal to about half the amount of the sums that had been lavished on the English. He looked confidently to their Lordships to support her Majesty's Government in their endeavours to do justice to the native inhabitants of the island of Malta.
The Duke of Wellingtonsaid, I should be most unwilling at this late hour to trouble the House with any observations which I could offer on the subject, if the noble Lord opposite (Lord Glenelg) had not adverted to the Commission named to inquire into the Colonies when I was in office. With respect to that Commission, I have to say, that there is a marked difference between it and all other commissions on the same subject appointed since that period. The Commission referred to was one presided over by a Cabinet Minister, the late Lord Rosslyn, and it had for its object to ascertain the state of the revenue and the amount of the expenditure of the different colonies and dependencies of the country. I have to say, my Lords, there is this difference between that Commission and all others appointed since that period—that Commission never cost the country a single penny. It worked zealously and indefatigably—it conducted its inquiries with judgment and sound discretion—and it made a most valuable report on the matters referred to its consideration. On that report we acted, my Lords, and on that report, my Lords, I believe you will find all the colonial reforms which have since then been effected were founded. I claim, therefore, from this House that they

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should bear in mind that the Commission referred to by the noble Lord is distinct and altogether different in its nature, objects, and effects, from the Commission referred to by my noble Friend behind me. It performed a most essential duty well and faithfully; it did important services to the state; and it cost the country nothing. It gave the Government and the public the means of knowing the extent of the revenues, and the amount of the expenditure of the various colonies and dependencies in possession of this country; and it gave also a distinct knowledge of the reforms which were necessary, and pointed out the means by which they have since been made effective. I shall not now, my Lords, advert to the constitution of the Commission alluded to by the noble Baron; but this I feel called on to say, I was very much struck with their report. This Commission was appointed here, and sent over from this country to Malta for one purpose and one purpose only, and that purpose, and that purpose only, I maintain they have effected. That purpose was to make a written report on the subject of a free press in the island, a report which enabled the noble Baron to write his despatch on the same subject eight months afterwards. That Commission was appointed in September, its ostensible object being to inquire into various matters connected with Malta; but for nearly the first twelve months it did nothing besides making a proposition to the Government of the country for the establishment of a free press in that island. I must here confess, my Lords, that to call the attention of the Government to such trifles would seem to be scarcely worth the trouble of doing so, were it not for the covert objects which they conceal. His Majesty, in his royal order appointing this Commission, called its attention to a variety of subjects, all of which were connected with the civil Government of Malta; but that which he does not mention in it—thatof which not a single word is said by him—I will not say certainly, that it was excluded in terms—was a free press. There was not one syllable about it from the beginning to the end of that document. But, with this fact staring them in the face, what do these gentlemen do? They are nominated, and set sail from this country in September—they land in Malta in October—and the first, the very first, thing they do on their landing, is to commence at once an inquiry
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into the state of the press in that dependency, although there was not one word about it in the recital of matters which their attention was called to by his Majesty's Commission, as if a free press was a thing of the last importance to that island. At the end of six months—all of which were spent in this inquiry—they make their report—that document which has so deservedly drawn on itself the comments of my noble Friend. Now, in regard to this matter of a free press in Malta, I crave your Lordships' attention to the facts of the case for a moment, and I beg the House to bear them in mind. What is Malta? It is a fortress and a seaport—it is a great naval and military arsenal for our shipping and forces in the Mediterranean. We hold it by conquest, and by treaty after conquest. We hold it as an important post, as a great military and naval arsenal, and as nothing more. My Lords, if these are the facts, we might as well think of planting a free press on the fore deck of the admiral's flag ship in the Mediterranean, or in the casernes of the batteries of Gibraltar, or in the camp of Sir John Colborne in Canada, as of establishing it in Malta. A free press in Malta in the Italian language is an absurdity. Of the hundred thousand individuals who compose the population of Malta, three-fourths at least speak nothing but the Maltese dialect, and do not understand the Italian language. Of the one hundred thousand inhabitants of the island, at least three-fourths can neither read nor write. What advantages, then, can accrue to the people of Malta from the establishment of a free press? We do not want to teach our English sailors and soldiers to understand Italian. A free press will find no readers among them either. Who, then, is it for? These gentlemen say, that, unless the Government support a free press in Malta, it cannot exist of itself, and they suggest an expense of 800 l. a-year in its favour. They have done nothing more than this that I am aware of since their appointment, and it is plain, that the savings spoken of by the noble Baron as having been effected by their recommendation, are completely swallowed up by the project of a free press. My Lords, I cannot help thinking that it is wholly unnecessary and greatly unbecoming of the Government to form such an establishment, of such a description, in such a place as Malta; and the more

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particularly, as the object for which it is made, must be both of a dangerous tendency to this country, and fraught with evil to others. The free press which they propose is to be conducted, not by foreign Italians, but by Maltese, subjects of her Majesty, enjoying the same privileges as we do. Now, what does this mean? It means that the licence to do wrong is unlimited. If it were conducted by foreign Italians you could have a check upon them if they acted in such a manner as would tend to compromise us with our neighbours—you could send them out of the island—you could prevent their doing injury in that manner by various ways. But here you have no such check—you have no check at all—your free press, in that respect, is uncontrollable. If the free press chooses to preach up insurrection in Italy from its den in Malta you have no power of preventing it. Were the conductors foreign Italians you could lay your hand on them at once, and dispose of them as aliens; but you cannot do that with the Maltese subjects, enjoying the same right and possessing the same freedom as ourselves. I did hope, that we should have been cured by this time of our experiments on exciting insurrection in the other countries of Europe—in the dominions of neighbouring Princes—in the territories of our allies. I did think that we had received a sufficient lesson in these matters to last us a long time, even for ever, in the results which have taken place through such interference in Portugal, Spain, Italy—ay, and in Canada too—and that they had put an end to our dangerous mania for exciting insurrection in foreign countries. Such, my Lords, I assert is the object of a free press in Malta—to excite insurrection in the dominions of our neighbour and ally, the King of the Two Sicilies, and in the dominions of the King of Sardinia—and I confess that I am ashamed of the Government, considering the results that have taken place, from the doctrines promulgated by it, that they have not done everything in their power to suppress, instead of encouraging and supporting it; and that they had not sent out their Commissioners with full power to do so, rather than instructed them to call for its establishment. But I shall leave the subject. In the report alluded to by the noble Baron, I see that Mr. Nugent and Sir Frederick Hankey are recommended to be removed from
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their offices, and pensioned off at the expense of the Maltese; but I see nothing in the report at all calculated to raise the Maltese in their own estimation. I repeat, my Lords, that Malta is an English settlement—a dependency, the business of which must be carried on for the safety of this country and for nothing else. If any other principle be admitted—if any other purpose besides this be had in view—then we shall lose it as a garrison and a harbour most important to our interests—most essential to our strength in the Mediterranean. As relates to the pecuniary concerns of the island the Government was carried on there by a gallant Friend of mine before the appointment of the commission on the most economical and inexpensive plan, and I believe in that respect there never was any country which required reform less. In reading this document and adverting to the facts connected with it I can come to but one conclusion on the subject, namely, that the commission was framed for the purposes of patronage, and for nothing else except patronage—and that its results if not anticipated and prevented, will lead to the propagation of mischief, and turn out both disgraceful and dangerous to this country.
Viscount Melbournesaid, there certainly was this difference between the former commission and the present, as had been pointed out by the noble Duke, namely, that the former commission was a gratuitous one, and consequently put the country to no expense, while the recent commission was a paid one. The question, however, was, not whether the commission was a paid one, but whether the inquiries it was appointed to prosecute were such as it was prudent or proper to make; and that such was the case was clear, from the circumstance that the difference of opinion between this Government and the former on the subject was simply that the present Government considered that the inquiry could not be carried on satisfactorily except on the spot, on the island itself, while the noble Duke thought it could be carried on quite as satisfactorily at home. Now he was clearly of opinion, that as the question which mainly created discontent at Malta was a local one between the people of Malta and its Government, it was in the highest degree politic and expedient, not to say essential, that the inquiry into it should be made by

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an intelligent and independent commission on the spot. He must say, that he had been considerably surprised at the light and easy manner in which the noble Earl who brought forward the question had treated the matter. "Oh!" the noble Earl seemed to say, "what can you possibly want with inquiries into the subject of a free press? No such inquiry as this is at all necessary. Every body feels that a censorship on the press is a thing which cannot longer remain, and which must be abolished." He should suppose, however, that the speech of the noble Duke had a little undeceived the noble Earl on this point. That speech must have shown the noble Earl how much it was, that the Government had to consider and to weigh on this subject. Whatever the noble Earl might think of the facility of coming to a determination on this subject, however general the noble Earl might conceive to be the admission that the censorship of the press should and must be done away with, he could assure the noble Earl that there were many different opinions on this subject; that persons of great weight, influence, and power, viewed this matter with very considerable alarm; and of this he should imagine that the speech of the noble Duke, which he perfectly understood, and which he was much surprised the noble Earl had not anticipated, must have pretty clearly informed the noble Earl. He most undoubtedly agreed with his noble Friend on this point, and he had been heartily glad to hear the noble Earl adopt such a tone, and talk of the matter as he had done, but he was well aware, that the subject would not be so viewed by others; that there were persons who would take a very different, a much more serious, view of the question, and he conceived, that the views so taken of the subject by many influential persons were sufficient to justify Government, both in the eyes of his noble Friend and of the noble Duke, for the delays which had taken place, for not having hurried the matter, for the procrastination which had been made matter of charge against them. He had already observed, that the noble Earl treated the matter somewhat gaily, but this was far from being the case with the noble Duke, who viewed it in the most serious light. The noble Duke stated it, as his opinion, that the commission was issued merely for the purpose of obtaining a report on a free press in
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Malta, and this with the view of exciting rebellion in the Italian states, and a spirit of liberalism throughout Europe. He could only say, that he was not at all aware of the existence of any such intention; he could safely repudiate on the part of the Government any feeling of that nature, or the slightest wish to disturb the repose of any European state, more particularly an allied and friendly one; and he must beg to say, that the report appeared to him of peculiar advantage in this respect, that, going thoroughly into the subject, it established, as completely as could be established by argument, the fact, that there was no hazard of the kind stated by the noble Duke,—no reason whatever for apprehending the evil consequences which the noble Duke anticipated. The noble Earl talked of the report as a mere theoretical affair, which anybody could have drawn up at home, but he could not concur in this view of the case. He had always understood, that theories were of no use except as founded upon the circumstances of the country or situation to which they had to be applied, and this principle was not to be departed from even in the case of Malta, notwithstanding the noble Duke had, somewhat inconsiderately, thought proper to designate it as a mere fortress, and to liken it to the deck of a man-of-war. He would merely add, that he entirely concurred in all that had fallen from the noble Secretary for the Colonies, and that he saw none of the dangers which the noble Duke seemed to apprehend.
Motion agreed to.