Sitting of 10 September 1835

MINUTES.
Petitions presented. By Mr. SHAW, from Malahide and Clonmel, against the Irish Church Bill.—By Mr. BLAMIRE, from Landholders and Farmers of five Districts in Cumberland, for the Abolition of the Malt Duty.—By Mr. GEORGE F. YOUNG, from W. Tindal, Chairman of the Shipowners' Society, against any Alteration in the Timber Duties.—By Mr. BLACKBURNE, from J. E. Hubbarty, Recorder of Lancaster, complaining of Statements in the Report of the Corporation Commissioners respecting him.—By Mr. WAKLEY, from Bradford and Chichester, for the Remission of the Punishment on the Dorchester Labourers; and from the Cartwright Club, for the Ballot and Annual Parliaments.—By Lord SANDON, from Liverpool, in favour of the Lords' Amendments to the Corporations' Bill.—By Mr. OTWAY CAVE, from St. Georges's, Hanover Square, for the Repeal of the Window Tax; and by the CHANCELLOR OF THE EXCHEQUER, from certain Jews, for the Removal of Disabilities.

GENERAL DARLING.
Dr. Bowringpresented a Petition from Patrick Thompson, the soldier on whom General Darling had inflicted a severe punishment, and respecting whose case, as well as the cases of others, that House had instituted an inquiry. The petitioner stated, that having been summoned from Ireland to attend the Committee, he arrived here on yesterday week at half-past eight o'clock in the morning, but that on coming down to the House he found that the Committee had made its Report without going into his case, or examining evidence to prove the cruelty with which he had been treated. He stated, that if he had been heard by the Committee, or by the House, he should have been able
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to prove that the treatment he had received had been most cruel and oppressive. He entreated the House to give him an opportunity to prove his case. As a member of the Committee he must say that the abrupt and extraordinarily precipitate manner in which it closed its investigation was calculated to beget any thing but confidence in its Report. The Committee came down to the House with a Report, the conclusion of which he would venture to say was in the teeth of the understanding which several members of the Committee supposed they had come to, and which had induced some of them, he among the number, to go away. That understanding was, that the Report would be closed with a resolution which had been drawn up by the hon. Member for Cardiff, and which was to the effect, that the late period of the Session did not allow the Committee to go into the other charges. When, however, the Committee met next morning they concluded their Report with a far different resolution—namely, that no evidence had been tendered in support of the other charges. In spite of the wishes and desires of a majority of the Committee, they had sat with closed doors. The public were hermetically excluded from all knowledge of their proceedings. A single member of the Committee, exercising his undoubted privilege, a privilege fraught with much mischief, had closed their doors. The consequence was, that the public did not know what was going on in the Committee Room. The Committee resolved that no evidence was tendered in support of the other cases. Had not the closing of their doors a tendency to produce that effect? He had been informed since by several individuals that they were in the neighbourhood at the time, and were willing and anxious to give evidence as to the facts before the Committee. They were however totally ignorant of what was going on in the Committee. Now, knowing these facts, knowing that it was the intention of the Committee in the first instance to put a different conclusion to their Report—knowing that many members had gone away under that impression, he must say that the altering of the concluding resolution to one that no evidence had been tendered in the other cases was a rather extraordinary proceeding. The Committee, he had said already, sat with closed doors. Now he hoped that the period was not far distant when no tribunal appointed for the investigation of criminal charges would be suffered to shut its doors upon the public. He deeply

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regretted that he had not followed the example of one hon. Member of the Committee, who had stated at the outset, that unless its proceedings were public, he would have nothing to do with it.
Lord Dudley Stuartdid not think that any evidence could be brought forward to prove that General Darling had acted improperly in this case and that of Sudds, because, to establish such a fact, it would be necessary to show that General Darling was aware of the illness of those men at the time he ordered them to be put in irons. Now, the evidence given before the Committee went to prove, that General Darling was not aware of the illness of these men at the time. He did not think that Thompson could produce anything to rebut that evidence. He could certainly produce evidence to show what he had suffered, a the nature of the irons in which he had been put. Those irons had been before the Committee, and they did not appear to them cruelly heavy, or such as would inflict torture. As a member of the Committee, perhaps he would be allowed to say a few words with regard to that unfortunate officer Captain Robison. He thought it would be impossible to have heard that gentleman give his evidence in support of his case without feeling the deepest compassion for him. He believed that such feelings were entertained by every member of the Committee, and that they all agreed with him (Lord Dudley Stuart) in the opinion that the conduct of Captain Robison before them was exceedingly fair and candid. Under these circumstances, he trusted that his Majesty's Government would take the first opportunity to give some employment to this unfortunate officer. He believed, indeed, that the Secretary for the Colonial Department had intimated his intention to do so at the first opportunity. Captain Robison had served many years, and he was now reduced to complete ruin. With regard to what had fallen from his hon. Friend as to the resolution that no further evidence had been tendered to the Committee, he would only say that when the gentleman who had undertaken the case was called in, he stated that he had no further evidence to offer. The Committee, therefore, were justified in coming to that resolution. As to the closing of their doors, no member of the Committee was more opposed to that proceeding than he was.
Mr. Waldey, as a member of the Committee, begged to state a fact to the House. On the last day that the Committee met,
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the report, acquitting General Darling of the charges investigated by the Committee, was read and agreed to. It was afterwards put by the Chairman and carried. After that, several members, and he (Mr. Wakley) amongst the rest, went away, and in their absence the last resolution was added to the Report.
Mr. Shawbegged to call the hon. Member to order. He thought it very inconvenient and improper to be going into the discussion of such facts in the absence of the majority of the members of the Committtee.
Mr. Freshfield, as a member of the Committee, would state that the Committee, with only three dissentient voices, had agreed to the Report acquitting General Darling. Then came the question, what was the Committee to report as to the other cases? Surely it could not be expected that they would wait for those Gentlemen who had gone away to attend to other business. It was necessary to decide that question, as the Chairman declared that he would not dissolve the Committee until the whole subject was disposed of. The Gentleman in charge of the case stated, that he had no more evidence to produce. Under these circumstances, the Committee were fully justified in coming to the resolution they had adopted. It was rather hard that at this period of the Session, an attempt should be made to create an impression that the acquittal of General Darling had not been full and complete. The hon. and learned Member for Dublin, to his honour, had stated in the Committee, that as they could not affix guilt on General Darling, they were bound to give him a full and complete acquittal. Though this petitioner might be disappointed at not being able to fix guilt on General Darling, he was sure that no one amongst the public would participate in that feeling.
Mr. Aglionbysaid, that the question, as it appeared to him was, whether the Report of the Committee had not been informal. It appeared that the Question was put and carried, that the Report be agreed to, which Report gave General Darling the benefit of a full acquittal, as far as the investigation of the Committee had gone. It was stated, that after that several of the Members of the Committee went away, under the impression that nothing further would would be done; yet subsequently the remaining Members of the Committee came to the resolution complained of. That was, as he took it, the objection to that part of

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the Report of the Committee, and it appeared to him a fair one. With regard to Captain Robison, he knew nothing of him out of that House, but he was bound to say of him, that his evidence before the Committee was characterized by fairness, candour and honesty.
Petition to lie on the Table.

PROROGATION OF PARLIAMENT.
The Yeoman Usherof the Black Rod an-
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nounced that his Majesty commanded the attendance of the House in the House of Peers.
The Speaker, followed by the Members, repaired to the House of Lords. In about a quarter of an hour the Speaker returned, and informed the House, that his Majesty had been pleased to make a most gracious Speech, which he would read, which having done, the Members retired.

MINUTES.
Petitions presented. By the Earl of RODEN, from the Inhabitants of Rimpton, Somerset against the Separation of the Churches of England and Ireland; and from the Corporation of Tailors (Dublin); and from Drogheda, against the Irish Municipal Corporations' Bill.

PROROGATION OF PARLIAMENT.
The Usher of the Black Rodhaving summoned the Commons, the Speaker, attended by about thirty Members, came to the Bar.
The SPEAKERthen addressed his Majesty as follows: "May it please your Majesty—We, your Majesty's faithful Commons, attend you at the close of a Session unusually protracted, and of no ordinary interest. Your Majesty, at the opening of the Session, was generously pleased to declare, that the estimates which you had directed to be laid before the Commons were less in amount, than any on any former occasion within recent experience. The same character still belongs to the estimates as voted by the Commons, thus evincing a general and sincere desire to advance in steady and progressive reductions of expense, so far as may be consistent with the efficiency of the several services for which provision must be made.
"Arrangements consequent upon that generous and noble act, the Abolition of Slavery, have rendered it necessary to effect
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a loan of fifteen millions for the paymen of the compensation to be awarded to the owners of slaves; and it is consolatory and gratifying to find, that this loan has been effected under such circumstances, and on such terms, as to afford the most satisfactory proofs of the stability of the public credit of the empire.
"Unhappily, Sire, the condition of Ireland has not been such as to render it expedient to leave the people of that portion of the empire the unrestricted benefits of a free constitution. An Act has been passed by which provision has been made for the prompt trial of the guilty in cases of the disturbance of the public peace, and authority is given to resort to strong measures, in cases where there is cause to apprehend infractions of the law or disturbances of the public peace. A measure thus uniting efficient precautions with the vigorous enforcement of the law, may reasonably be expected to prove sufficient for the purpose, and to command general respect, because its provisions show consideration for those against whom it is directed, and because it has been conceived in a constitutional temper and just spirit.
"The means of improving the Municipal Corporations of England and Wales, and of establishing an effective system of local police, have occupied much of our time, and have been considered with unwearied care and attention. How we could most successfully adaptinstitutions framed in far different times to the increased intelligence, wealth, and numbers of the people—introduce popular election, and retain popular control, and obtain for the public service the persons best qualified to be useful to the public, provide for the impartial administration of justice, for the maintenance of order, and the enforcement of economy, were among the questions which it was necessary to weigh and consider; and we have zealously and honestly directed our efforts to promote and secure the attainment of these great objects.
"Your Majesty's faithful Commons will be amply repaid for their long and laborious exertions, if their deliberations have contributed to give real content to the people, renewed vigour and permanent stability to these important and valuable institutions.
"I now, Sire, on the part of the Commons, present the last Bill of Supply, entitled 'An Act to apply certain Monies as Ways and Means, and to appropriate the same for the service of the year 1835—to which, with all humility, we pray your Majesty's royal assent."

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The Royal Assent was accordingly immediately given to the Bill, together with the Capital Punishments' Abolition, the Fines and Recoveries Offices, the Letters Patent, and the Irish Piers Bills.
His Majesty was then pleased to make the following most gracious Speech:—
"My Lords and Gentlemen,
"I find with great satisfaction that the state of the public business enables me to relieve you from further attendance, and from the pressure of those duties which you have performed with so much zeal and assiduity.
"I receive from all Foreign Powers satisfactory assurances of their desire to maintain with me the most friendly understanding, and I look forward with confidence to the preservation of the general peace, which has been, and will be, the object of nay constant solicitude.
"I lament that the civil contest in the Northern Provinces of Spain has not yet been brought to a termination; but, taking a deep interest in the welfare of the Spanish monarchy, I shall continue to direct to that quarter my most anxious attention, in concert with the three Powers with whom I concluded the treaty of quadruple alliance; and I have, in furtherance of the objects of that treaty, exercised the power vested in me by the Legislature, and have granted permission to my subjects to engage in the service of the Queen of Spain.
"I have concluded with Denmark, Sardinia, and Sweden, fresh conventions, calculated to prevent the traffic in African slaves; I hope soon to receive the ratification of a similar treaty which has been signed with Spain.
"I am engaged in negotiations with other Powers in Europe and in South America for the same purpose, and I trust that ere long the united efforts of all civilized nations will suppress and extinguish this traffic;
"I perceive with entire approbation that you have directed your attention to the regulation of Municipal Corporations
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in England and Wales, and I have cheerfully given my assent to the Bill which you have passed for that purpose. I cordially concur in this important measure, which is calculated to allay discontent, to promote Peace and Union, and to procure for those communities the advantages of responsible government.
"I greatly rejoice that the internal condition of Ireland has been such as to have permitted you to substitute for the necessary severity of a law which has been suffered to expire, enactments of a milder character. No part of my duty is more grateful to my feelings than the mitigation of a penal statute in any case in which it can be effected consistently with the maintenance of order and tranquillity.
"Gentlemen of the House of Commons,
"I thank you for the readiness with which you have voted the supplies.
"You have provided not only for the expenses of the year, and for the interest upon the large sum awarded to the owners of slaves in my colonial possessions, but also for several unexpected and peculiar claims upon the justice and liberality of the nation.
"It is most gratifying to observe that not only have these demands been met without additional taxation, but that you have made some further progress in reducing the burdens of my people.
"I am enabled to congratulate you that the terms upon which the loan for the compensation to the proprietors of slaves has been obtained afford conclusive evidence of the flourishing state of public credit, and of that general confidence which is the result of a determination to fulfil the national engagements and to maintain inviolable the public faith."
"My Lords and Gentlemen,
"I know that I may securely rely upon your loyalty and patriotism, and I feel confident that in returning to your respective counties, and in resuming those functions which you discharge with so much advantage to the community, you

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will recommend to all classes of your countrymen obedience to the law, attachment to the constitution, and a spirit of temperate amendment, which, under Divine Providence, are the surest means of preserving the tranquillity and increasing the prosperity which this country enjoys."
The Lord Speaker (Lord Denman), by His Majesty's command, said—
"My Lords and Gentlemen,
"It is His Majesty's Royal will and pleasure, that this Parliament be prorogued to Tuesday, the 10th day of November next, to be then here holden: and this Parliament is accordingly prorogued to Tuesday, the 10th day of November next."
The Parliament was subsequently prorogued still further to the 4th of February, and was then ordered to meet for the despatch of business.