QUESTION. OBSERVATIONS. (Hansard, 20 March 1893)

THE EARL OF STAMFORD
asked the Secretary of State for the Colonies whether he would lay on the Table of the House the late Report of the Trinidad Judicial Inquiry Commission? He claimed their Lordships' indulgence in doing so, in the first place, as addressing the House for the first time, and, next, as rising with a certain feeling of emotion in a place in Parliament which had been so long and so sadly silent and untenanted. His predecessor had never been able to take part in the Councils of the House, and had entailed upon him a burden of labour and sorrow which had required a year or two to surmount; though it must be added he was one in whom there was much to respect and love. With regard to the question he now asked he might explain that he had an intimate acquaintance with the West Indian Colonies. It had fallen to his lot for six years to earn his livelihood in one of those Colonies, and during that time he had frequent opportunities of visiting the islands of that group. The educational profession 478 might have its disadvantages, but it had certain well-defined compensations, among them being liberal holidays. He was well acquainted, therefore, with, and felt an especially deep interest in, Trinidad. Since leaving the West Indies, 10 years ago, he had been in constant correspondence with friends in those colonies, and was fully alive to the course of events out there. Complaints were made of the administration of justice in Trinidad as long ago as September, 1887, when its Chamber of Commerce petitioned for an inquiry into the matter, but no notice was taken of their Petition. Three years later a Committee, appointed by a public meeting in Tobago, which was annexed to the Colony of Trinidad, petitioned to the same effect, but again no substantial notice was taken. At last, in June, 1891, the Judicial Committee of the Privy Council revised a decision of the Supreme Court of Trinidad, and then public attention was necessarily called to the administration of justice in that Colony. In November of the same year the Legislative Council of Trinidad and Tobago requested the Governor to bring about what they termed a full and independent inquiry by Commissioners unconnected with the Colony. That request received immediate attention. Two Commissioners of acknowledged impartiality and ability were sent out, and they reported in the middle of last year. They found, as stated in their Report, that the complaints of the administration of justice were to a considerable extent well-founded; they stated, too, that confidence did not exist in the Supreme Court and its chief; and they found that perverse disregard of the facts of the cases and of the law had been manifested. In bringing this matter forward the position had been rendered rather difficult by the fact that the Chief Justice, who was one of the Law Officers chiefly implicated, had since died, and he felt the greatest reluctance in saying anything which would in the least degree wound the feelings of the living. But it appeared, as far as he could learn, that injury had been done; that the majesty of the law had been thereby impaired; and he felt that the sense of public duty and the public welfare must be preferred to any individual sentiment. But he was glad to be able to quote the words of the Commissioners 479 with regard to the Chief Justice himself— We do not attribute to him unworthy motives or doubt that he was actuated by a desire to do justice. The Chief Justice had had a long and distinguished career, and had rendered good service to his country in other places, and he felt therefore that they should he very tender indeed to those last passages of his life. Still, public feeling had been exasperated in the West Indies. The West Indies were once the centre of our great colonial interests, the scene of our first attempt at tropical colonisation, the scene of the first great moral victory over slavery; and a feeling of pride in their past history remained among the people there. Still much sentimental attachment existed towards England, although as regarded material interests there was perhaps more to draw them to the great Republic which was nearer to them than England, and which was perhaps more closely connected with them by ties of commerce. In more than one West Indian Colony, even at the time he was there, separation was publicly spoken of. The phrase was used that "England was no more the mother country; she was only a step-mother;" and he could not help regretting that any inaction on the part of England should tend to the further development of such a feeling. The West Indian Colonies had great possibilities; and if they were to remain ours we must look to it that we so dealt with them that our name should be respected there. The other colonies were watching our treatment of even these poor despised West Indies with keen interest, and if justice, as he had tried to point out, had fallen into disrepute there, if they saw that we were desirous of doing justice in every part of Her Majesty's Dominions, the respect which the Government of England commanded would be more firmly established. For those reasons he had ventured to bring forward the subject, and he begged to ask the noble Marquess the question which stood in his name.

THE SECRETARY OF STATE FOR THE COLONIES (The Marquess of) RIPON
My Lords, there is no objection to lay the Report of this Commission upon the Table. It is a bulky document, and I would suggest it should not necessarily be printed and circulated to your 480 Lordships. A copy of it can be laid on the Table and also placed in the Library. I should think that would meet the requirements of the noble Earl and the demands of the case. The noble Earl seemed to imply that there had been some unnecessary and even improper delay in dealing with the complaints which were made of the administration of justice in Trinidad. As far as I know, I do not think that charge can be sustained. The occurrences took place in the time of my noble Friend opposite (Lord Knutsford); but as far as I am acquainted with these transactions, I do not think any charge can be made against him of having disregarded the interests of the administration of justice in Trinidad. The noble Earl must recollect it is always a very serious thing to entertain charges against the Judges of Her Majesty's Courts; but as soon as those charges presented sufficient ground for action, I think action was taken; and, as the noble Earl has himself admitted, the persons appointed to conduct the inquiry were men of the highest ability and impartiality, and they have made a valuable Report, which, as I have said, I shall be happy to place on the Table of the House. I quite understand the noble Earl's feeling of reluctance to approach this question under the sad circumstances of the death of the late Chief Justice; and like him I am glad to have the opportunity of acknowledging the earlier services of Sir John Gorrie, although the Report shows that he fell into error in the latter part of his career. With regard to the state of affairs in Trinidad and the composition of the Supreme Court, two of the Judges, Sir John Gorrie and another, have ceased to be members of that Court; and the third gentleman, against whom no complaints whatever were established, I have removed to another colony in which an opening that was perhaps better suited to him presented itself. The Court is now newly constituted, and I have had the good fortune to secure for the office of Chief Justice a distinguished Colonial Judge, Sir John Goldney. I know he is devoting himself, with zeal and activity, to the reconstitution of the judicial administration of the Colony, and I have no doubt to the restoration of the character of the Court with regard to any matters in which it may have been impaired. I 481 think I may safely assure the noble Earl and your Lordships that there is good hope that any evils which may have grown up there will shortly be removed.

§ LORD KNUTSFORD
said it was hardly necessary, after the statement of the noble Marquess, for him to make any remarks as to charges of inaction which had been brought against himself. It was perfectly true that no action was taken on the first complaints that were made, and it was equally true that no substantial action was taken in the Colony upon the second complaint. But it was not to be supposed that no steps were taken to test the accuracy of the representations which were made, and to see how far any substantial grievance could be removed. Inquiries were instituted and facts were brought before him, and Reports from the Governor; but, after careful investigation, he came to the conclusion that it was not his duty at that time to interfere. It was, in his opinion, in the highest degree undesirable that the Executive should directly interfere with the Judiciary, except in very special eases, where but for such interference the administration of justice would be clearly discredited. He might remind the noble Lord that the Secretary of State could take no initiative step towards himself removing a Judge. There were well-defined and well-recognised modes for taking action in such matters in the Colony, and it was very undesirable that the Colonial Office should interfere where the colonists themselves had not taken those steps. He thought that he was only expressing the feeling of the House when he said that they were glad to have the assistance of the noble Earl who had brought this subject under their notice, and who was so thoroughly qualified to speak upon matters of interest to our colonies.

THE EARL OF STAMFORD
thanked the noble Marquess and the noble Lord for their satisfactory replies, and begged to move that the Report be laid on the Table of the House.