Lords Sitting of 3 March 1859

MINUTES.
PUBLIC BILLS.—1a Inclosure; Medical Act (1858) Amendment.
HONG KONG.
  CASE OF WILLIAM TARRANT,

    PUBLISHER OF "THE FRIEND OF CHINA." PETITIONS.
    EARL GREY presented petitions from Inhabitants of Newcastle-upon-Tyne and Tynemouth, praying that an Inquiry may be made relative to the Trial at Hong Kong of William Tarrart, Publisher of the Hong Kong newspaper, called The Friend of China. The facts alleged seemed to be that an officer of the Government having been accused in a newspaper, called The Friend of China, of a very serious offence, namely, that of complicity with certain Chinese pirates; and another public officer of having screened and sheltered him from punishment, by having destroyed certain papers which contained evidence of the transaction. The parties accused indicted the newspaper for libel, and at the trial, the jury, without hearing evidence to support the justification pleaded by the defendant, found a verdict for him, thus showing their opinion that the account in the newspaper was correct. It would seem most impossible that such a case could occur as was involved in the conduct of the officers of the Government in question, but there was the fact of the trial, and the verdict in favour of the newspaper. This matter had caused some excitement in the north, and public meetings had been held at Newcastle and Tynemouth, at which the petitions he had presented, praying for inquiry, were agreed to. He thought it desirable that the Under Secretary of State for the Colonies should, if he could, offer some explanation.
    THE EARL OF CARNARVONwas understood to say that the facts to which the noble Earl had alluded, so far as the trial was concerned, were correct. The case which the noble Earl had mentioned had excited very great local feeling; but the facts formed part of a much larger question, connected with the suspension from office of the Attorney General of Hong Kong, and which was under the consideration of the Colonial Office. The papers relating to the inquiry already received were most voluminous; he had the curiosity the other day to have them weighed, and he found that they amounted to eleven pounds of closely printed paper. The whole matter was before the Colonial Office, but its settlement was delayed by the continued flow of communications on the subject from the colony, every mail bringing fresh papers
    1168
    and evidence. He would not pronounce an opinion on the portion of the question to which the noble Earl referred while the whole case was under consideration. The simple facts were that Mr. Chisholm Anstey, the Attorney General, in a speech made by him in the Legislative Council, made charges against another public officer most deeply affecting his character and that of his wife, accusing them of having taken bribes from the natives. On the other hand a statement was made containing nineteen counter-charges; which were submitted first to the Board of Magistrates and then to a commission, and pending these inquiries, the Attorney General was suspended. Sir John Bow-ring was absent from the colony; but instructions had been given to the Acting Governor to make every inquiry into the matter. The prosecution for libel was simply a fraction of a greater case, which was under the consideration of the Colonial Office, and he could not express any opinion upon a part while the whole remained undecided.
    EARL GREYsaid, that these charges made against public officers of a colony and supported by the verdict of a jury, were too serious to be answered by saying that this matter formed part of a larger inquiry. Unless there was clear ground for believing that the jury came to an erroneous conclusion, no public officer ought to be allowed for a day to exercise the office of Colonial Secretary, and it was not satisfactory that this case should be postponed until a larger part of the question was inquired into.
    THE EARL OF CARNARVONhad said, that this case was a branch of an inquiry which had been referred to the Home Government. The acting Governor of Hong Kong had been directed to make an inquiry, and receive all explanation on the subject.

EDUCATION IN INDIA.

  MOTION POSTPONED.
  THE DUKE OF ARGYLL, who had a Notice on the paper—
  "To call the attention of the House to a letter from the Earl of Ellenborough, President of the Board of Control, to the Chairman and Deputy Chairman of the East India Company, dated 28th April, 1858; and, To ask Her Majesty's Government, Whether, in pursuance of that letter, any Instructions have been issued to the Government of India recalling or altering the Instructions conveyed in a Despatch from the Court of Directors of the East India Company to the Governor

  1169
  General of India in Council. dated 19th of July, 1854, on Education in India"—
  postponed his Motion sine die.
  THE EARL OF ELLENBOROUGHsaid, that he thought all of their Lordships would agree with him that this subject was one of extreme delicacy. He felt it was one the discussion of which would hardly be of any advantage to the cause of Education in India, and he urged most earnestly upon the noble Duke to consider whether it would not be safer and better to leave the subject in the hands of Her Majesty's Government. The noble Duke and the whole country were in possession of the principles by which her Majesty's Government were to be guided in the matter, because they had been clearly laid down in Her Majesty's Proclamation; therefore, he hoped that the noble Duke would not think it necessary to bring on his Motion at all.
  THE DUKE OF ARGYLLsaid, that the subject upon which his notice of Motion was founded was the letter of the noble Earl to the Chairman and Deputy Chairman of the East India Company, dated April 28th, 1858. Though that letter had not formed the topic of discussion in their Lordships' House, yet in India it had attracted considerable attention, and had been the cause of considerable alarm. He fully agreed with the noble Earl as to the delicacy of the question, but did not think that the character of the discussion in their Lordships' House would be likely to affect the question injuriously.
  THE EARL OF ELLENBOROUGHsaid, that it was impossible for him to prevent the publication of that despatch as it formed a necessary addition to the papers moved for in the House of Commons.
  THE EARL OF DERBYbegged to state, that no action had taken place upon the letter addressed to the Chairman and Deputy Chairman by his noble Friend, but the attention of the Government had been turned to this important question. The reports from India had been carefully examined, but they did not furnish sufficient information, and the Secretary of State for India had called for a full and detailed report from the home Government of India upon the working of the education scheme since its introduction in 1855, what effect it had produced upon the Native mind, and what modifications were required. It was very desirable that any discussion should be avoided on a subject so critical and so delicate at least, until their Lordships
  1170
  were fully in possession of the views of the Indian Government in relation to it.
  House adjourned at half-past Five o'clock, till to-morrow, half-past Ten o'clock.