Lords Sitting of 26 February 1858

LAW RELATING TO ALIENS—CASE OF AZZOPARDI.—EXPLANATION.
LORD LYNDHURSTsaid, he wished to correct a mistake into which he had fallen the other evening, on the debate on the law of Aliens, with respect to the case of Azzopardi. That case came under the consideration of all the Judges; it was argued at great length, and they pronounced a unanimous decision, confirming the conviction. It had been generally supposed that the prisoner was executed, and he had himself been led into that error. He had since ascertained that the sentence of death was commuted into a sentence of transportation for life. He had received a letter upon the subject in these terms:—
"You are reported to have said in the House of Lords on Monday, that Azzopardi was executed, and such, I believe, is the prevailing notion. The fact is, that his sentence was commuted by Sir
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James Graham to transportation for life, and he was actually shipped off for Norfolk Island by the Maitland transport ship on the 26th of August, 1843. The commutation was granted upon the recommendation of Baron Gurney, who tried him, and did not proceed upon any doubt as to the correctness of the decision of the Judges, but upon the ground that, as he might have been tried at Malta, where he and the principal witnesses against him were well known, and where he could more easily have procured the means of defence, the bringing him to England for trial might have operated to his prejudice. Perhaps you will take an opportunity of correcting this misapprehension, which is of some importance, as it is now the fashion to say the ease was wrongly decided."
He felt it his duty to take the first opportunity of setting the matter right. He had been misled by the general opinion that in point of fact the man had been executed.
LORD BROUGHAMsaid, be had no objection to the mercy which had been shown, but was wholly unable to comprehend the grounds upon which the commutation of the sentence had taken place. If it were right to commute the sentence in consequence of the accused having been tried here instead of at Malta, where he would have had a better opportunity of defending himself, that would be a reason, if a reason at all, against the sentence of transportation for life, and not merely for commuting sentence of death to a less punishment.

COURSE OF PUBLIC BUSINESS.—THE NEW MINISTRY.
THE MARQUESS OF SALISBURY: I rise to move the adjournment of the House

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until Monday next, and I take this opportunity of saying that my noble Friend at the head of the Government has thought it would be more respectful to your Lordships to postpone until that day the statements which it will he his duty to make. It is only a very few minutes ago that a Council was summoned, and there has been as yet no time for consideration or consultation.
EARL GRANVILLE: As far as myself and my late colleagues are concerned, of course there cannot be the slightest objection to the Motion of my noble Friend. I only wish to remind the House that, when Lord Aberdeen's Government was formed, and a Motion for adjournment for a week was made, my noble Friend now at the head of the Government objected to the length of time, and expressed his opinion that forty-eight hours, or three days at the utmost, were amply sufficient. It is not our wish to take any such course on the present occasion; on the contrary, we think it of great importance, not only as regards the personal convenience of the noble Earl, which, of course, we should wish to study, but also for the public interest, that the new Government should have some opportunity of consulting the official documents in their respective offices, and should have ample time for considering their policy before the statement is made in which that policy and the principles on which it is founded are to be conveyed to the country.
THE MARQUESS OF SALISBURY: Monday, I beg leave to point out to the noble Earl, would be the next day of meeting under any circumstances.
House adjourned at a quarter past Five o'clock, to Monday next, half past Four o'clock.