Now, that point ought to have been ascertained before the pensioners were sent out. A great portion of time had been consumed in discussion between the corporation of Toronto and the Government upon the powers of this lease; and recently a proposition had been made by the corporation of Toronto, that if the Government would allow them to take 100 acres for the purpose of forming it into a park for the town of Toronto, they would pay 1,000l. for the clearing of the wilderness-for such it was in order that the pensioners might be comfortably and satisfactorily settled in their location, though smaller than at first contemplated. There was also a further deduction to be made from the quantity of

of locating them immediately on land without having previously ascertained whether there was any such land at the disposal of Government. He held in his hand at that moment the printed conditions on which the pensioners had been sent out. It was there stated that the pensioners were to receive a free passage and rations for themselves and families to such countries as the Government might determine upon for their future habitation and service. There were to be certain advances made to them for the purpose of building houses, and from three to four acres of land were to be allotted to each man in the immediate neighbourhood of towns, upon which these houses, or rather cottages, were to be built. He doubted the policy of that arrange-land available to the purposes of the Ordment; for, though it was clear that the pensioners might eke out an existence in this manner while they were capable of military service and of working on the land; yet, when strength failed them for one or both, there was no provision made for the support either of themselves or of their families. There was also another point in the printed conditions which must not be overlooked. "It must be distinctly understood that the grant of land depends on the quantity available by Government, and that the want of it affords no claim for compensation. All that will be insured is a free passage to Upper Canada, where provisions are cheap, and where employment can be easily obtained." Now, in the case of the pensioners at Toronto these were the facts: 220 of them had been sent out. The expectation held out to them was, that from two to three acres of land would be granted to them in the neighbourhood of that town. The whole of the Ordnance reserve in Toronto, if every inch were made available for this purpose, amounted to less than 400 acres; so that it would be insufficient, even at a minimum allowance, for 220 persons. Whether the late Government was aware of the fact or no he could not say: but the fact was that, supposing all the Ordnance reserve had been available, 270 or 280 acres of it were let under a lease to the corporation of Toronto. Therefore, all the disposable land under the control of the Government was only 120 acres, even supposing you wanted none of it for Ordnance purposes. Now, there had been a dispute for some time between the corporation of Toronto and the Government on this point-namely, how far the Government had power to rescind that lease?

nance. By an Act of the Colonial Parliament passed three or four years ago, to which the Ordnance had paid at the time little or no attention, power was given to a certain railway to cut right through the centre of this land. The railway had, therefore, taken nine acres more. Here, then, was another element of uncertainty, which thus rendered it impossible for the Government to settle these pensioners in the immediate neighbourhood of Toronto in the way originally intended. Such was the condition in which they found this affair on their entering upon office; and such he believed it to be at the present moment; so that, unless some progress had recently been made in the negotiation, although the pensioners had been enrolled and called out, and served their twelve days, the conditions held out to them had not been fulfilled. While he said that the conditions had not been fulfilled, he thought it right, also, to add, that it was the duty of Her Majesty's Government, whatever it might think of the policy of the original bargain, to provide either literally for the fulfilment of the original contract, or for the making of such compensation to the pensioners as justice might require and they were willing to accept. There was another point which he must notice before he quitted this subject, and to which the noble Lord had not at all adverted-namely, the wisdom of disposing of lands in this way for Ordnance purposes. If this land near Toronto were to continue available for such purposes, it would be necessary to prohibit the construction of any extensive buildings upon it, and to limit the construction to cottages of a single story; but, if the land were not to be kept entirely clear for Ordnance purposes, in that case, from the circumstance

The EARL of DERBY reiterated his former statement, and added, that he had received an account only that morning, stating that the whole of this land ought to be kept clear, to prevent an enemy from approaching in the rear of Toronto, and from taking a position on those points from which the town could be most easily annoyed.

of its close proximity to the city of Toronto, | enemy out; and that, to speak the plain it might become valuable for building pur- truth, it was no more a fortified place than poses; and yet, by the terms of this agree- London was. On the most impoverished ment with the pensioners, it must be let to land in Canada the pensioners were doing them on short and terminable leases, thus well-no settlers better. rendering it less valuable, and, as an arrangement, not the best to be made for the parties themselves. It was clear that, if these parties had a right to claim to be placed on this land, and to have a lease granted to them of the cottage built thereon, and of the two acres to be attached to it, the general value of the land would be sacrificed in a way in which it ought not to be sacrificed. In his opinion it was not advisable to devote, as we were going to do, to permanent garden ground land which might be far more valuable for building purposes. He believed that these ques

tions were under the consideration of Her Majesty's Government. The Colonial Sccretary was giving his attention to them, and he hoped that at no very distant period there would be a satisfactory settlement of the whole of this question.

LORD PANMURE would be prepared to discuss the policy of this arrangement with the noble Earl at any future period he liked, but would not enter upon that discussion at present. His object in rising now was merely to deny the noble Earl's observation that the pensioners had been sent out without its having been previously ascertained whether the Government had any land whereon to locate them. The noble Earl laboured upon that point under a grievous mistake. Before the pensioners were sent to Toronto, Her Majesty's Government of that day had ascertained that the Ordnance had both the power and the will to surrender to them the land in question. He could not see any reason why such surrender was not made long ago. The whole question turned upon this When we took the land, it was, as the noble Earl truly said, part of the wilderness. The corporation of Toronto had leased a portion of it for the express purpose of making improvements. It failed in its engagement to do so; and he believed that the Ordnance had in consequence declared their lease to be forfeited. As to the objection taken by the noble Earl, that this land was wanted for the military defence of Toronto, he had only to say that he had himself visited Toronto; that it was a perfectly open place; that it had neither fortification nor battery; that the barracks which it contained were rather erected to keep the inhabitants in, than an

House adjourned till To-morrow.

HOUSE OF COMMONS,
Monday, November 29, 1852.

MR. NEWDEGATE said, he was about to solicit the indulgence of the House while he alluded, in a few words, to a matter personal to himself. He had had the honour of being for nearly ten years a Member of that House; he now found himself in a situation which he never before had experienced-that of having twice stated that he would not do what he afterwards had done. He had declared on two occasions that he would not vote upon the Amendment of the noble Lord the Member for Tiverton, in the division which had taken place on last Saturday morning; but his name, nevertheless, appeared in the division list as having voted on that occasion. He felt, therefore, that he stood in the position of having broken his word with the House; and, in justice to himself, he was most desirous to assure the House that his having done this was entirely unintentional. He fully intended to have left the House, and not to have voted at all on the Amendment of the noble Lord the Member for Tiverton, and to this intention he should have faithfully adhered were it not that having been unexpectedly locked in, he was obliged to vote. This explanation he felt to be due alike to the House and to himself, for he was jealous of his own honour, and he knew that the House paid a just regard to the character and

conduct of its Members. He hoped, there- | Buddhist relic be or be not transferred to fore, that this House would pardon the those who regard it as sacred; whether liberty he had taken in thus trespassing on their attention.

any act of the Queen's Government be or be not required to entitle the priest of a Buddhist temple to exercise any function in respect to the property of such Buddhist temple; and, lastly, whether it be or be not the intention of Her Majesty's Government to transfer to the Buddhist priests all the concerns of their own religion in Ceylon?

MR. KEOGH said, he wished to put a question to Mr. Speaker with reference to the order of their proceedings. It would be in the remembrance of the House that, on last Saturday morning, after the Motion of the hon. Gentleman the Member for Wolverhampton (Mr. C. Villiers) had been considered and divi- SIR JOHN PAKINGTON said, that, ded on, another division was taken on in order to answer the series of questions the Motion of the noble Lord the Mem- the hon. Baronet (the Member for the Uniber for Tiverton (Viscount Palmer-versity of Oxford) had addressed to him, he ston). He was informed that, while the must ask the indulgence of the House for division on the latter Motion was being a very few moments, although it was quite taken, three Members of the House-impossible in giving such an answer to namely, the hon. and learned Gentleman enter then into all the complicated details the Solicitor General (Sir F. Kelly), the with which the subject was necessarily noble Lord the Member for West Surrey surrounded. His hon. Friend was, of (the Earl of March), and the hon. Gentle- course, aware that the matter to which he man the Member for Middlesex (Mr. B. had referred, was one which had occupied Osborne), were concealed in the room at the attention of successive Administrations the back of Mr. Speaker's chair. He did in this country, and excited very considernot pretend to conjecture for what reasonable difficulty and embarrassment in Ceythose three Members were so concealed, lon. The Christian community of Ceylon, but he should like to know whether the and also many parties in the country, had room in question was a place of legitimate retreat to which, whenever a Member of the Government might not like to vote with the Government, he was to be at liberty to retire? He should also like to know whether the division of Saturday morning had been properly taken, or whether the three Gentlemen in question might not have been, and ought not to have been, brought to the table, and compelled to say "aye" or "no" to the question?

MR. SPEAKER: Any Member who may be in either of the rooms at the back of the Chair, at the time of a division, is clearly entitled not to vote. Ever since the House has assembled in its present chamber, it has been ruled that the two rooms behind the Chair are out of the House; and this being so, the House has clearly no power to compel Members to vote who may choose to retire to those

rooms.

Subject dropped.

BUDDHISM IN CEYLON.

SIR ROBERT H. INGLIS said, he would beg to ask the right hon. Secretary of State for the Colonies, whether the connexion between the Queen's Government in Ceylon, and the idolatry of any part of Her Majesty's subjects therein, be or be not severed; whether the custody of the

taken objection to anything like a counexion between the Government of Great Britain, or the Representative of the Queen's Government in the island of Ceylon, and the system of idolatry which existed there, and was known by the name of Buddhism. But it appeared to him that it was forgotten by those who had taken an interest in this matter, that there were certain treaty obligations in existence which could not be lost sight of. The House was no doubt aware that the territory of the ancient kings of Kandy was acquired by this country in the year 1815. At that time a Convention was entered into between the Representative of the Government of this country and the King of Kandy, and one of the articles of that Convention ran in these terms:-"That the religion of Buddha professed by the chiefs and inhabitants of this province is declared inviolable, and its rites, ministers, and places of worship are to be maintained and protected." Subsequently a Proclamation was issued by the British Representative in the island, and under that Proclamation he (Sir J. Pakington) was prepared to contend that the obligations which the Government of this country had entered into on the subject of maintaining the Buddhist religion were not in the least altered. True, there were certain words to

some extent qualifying these obligations; | noble Friend sent out instructions to the but essentially the general obligation to Governor of Ceylon, that this portion of our maintain and protect the Buddhists in the connexion with the Buddhist religion should exercise of their religion remained un- be likewise discontinued. The answer to touched. It had been contended, he be- these instructions was not received until lieved by parties in Ceylon, and he had Earl Grey came into office; but it appeared heard it contended elsewhere, that the Con- that that noble Earl sent out instructions vention alluded to was made with infidels to Lord Torrington that the British Goand idolaters, and that, therefore, it was vernment in Ceylon should have no more not binding. But he begged to say for connexion with the religion of Buddha, and himself that he could be no party to any that the custody of the "tooth" should be such principle as that. He thought that made over to the Buddhists themselves. for this country to acquire territory under Soon after, however, the rebellion broke a fair treaty, which treaty involved certain out in Ceylon, and in consequence of the obligations, and then to turn round and pressure of that rebellion the custody of the contend that these obligations were entered relic was resumed by the British authoriinto with idolaters, and were, therefore, not ties. Lord Torrington was obliged to rebinding upon us, would be alike unworthy voke the steps he had taken, and Earl of a Christian Government and a Christian Grey sanctioned the continuance of that people. He was happy to say, however, state of things until some other arrangein answer to the first question of the hon. ments should have been made. This exBaronet, namely, whether the connexion cited very great dissatisfaction among the between the Queen's Government in Cey- Christian community in the island; and lon and the idolatry of any part of Her when he (Sir J. Pakington) took office in Majesty's subjects therein be or be not the spring of the present year, he at once severed?-he believed he was justified in endeavoured to put an end to that state of saying that all connexion really with the things. He had now to state generally, in idolatry of the Buddhists had been long answer to the questions of his hon. Friend, ago discontinued. As he had already ob- that after gravely considering the matter, served, by the treaty entered into with the he had prepared a despatch, which he King of Kandy we had incurred certain should send to Ceylon by the next mail, obligations, and one of these obligations conveying instructions to the Governor of was, that we should take part in the Budd- the determination of Her Majesty's Gohist ceremonies, assist in the performance vernment upon the subject. He must say, of their religious rites; and give them the however, that he was astonished to find that offerings of the materials which were ne- there did not exist in the Colonial Office such cessary for the performance of those rites. full information as to the facts of the case as This practice had been long discontinued. he should have expected to find there, and It was finally put an end to, he believed, without which it was exceedingly difficult by Sir Robert Wilmot Horton, then Go- to issue instructions upon a subject of so vernor of Ceylon, in 1834. A sum of complicated a nature with the decision and money-3001.—was agreed to be paid to clearness he should have desired. The the Buddhists in lieu of the contributions instructions which the Government were which had been formerly paid for the per- prepared to send out were these: that formance of the Buddhist rites; and from with regard to the tooth, its possession was that period, he might say, our connexion to be transferred at once, and entirely, to with the idolatries practised in the island the Buddhists themselves, the Governor had ceased to exist. But there remained being instructed to provide a safe place for two other points in which we were connect- its custody. The 300l. a year, agreed to be ed with the Buddhists: one of these was paid by Sir Robert Wilmot Horton, in lieu the appointment of a portion of the priest of the other contributions which were prehood; the other, the custody of the Budd- viously made, having, in his (Sir J. Pakhist relic, known by the name of "Budd-ington's) opinion, been withdrawn with ha's tooth." He believed the attention of very great injustice to the parties, he prothe noble Lord opposite (Lord John Rus-posed to issue instructions that, as a comsell) was directed to this part of the subject pensation for its loss, the Governor should in 1840; and subsequently, when his noble give the Buddhists an extent of land equiFriend the Earl of Derby-then Lord Stan-valent in value to 300l. a year, so that ley-was at the Colonial Office, his atten- they should not be worse off in that retion was also called to the subject, and his spect than they were before. With regard

most anxious that the inquiry should take place without loss of time, so that the truth might be made to appear manifest, and it might clearly be seen whether, on the one hand, they had been guilty of the foul and nefarious practices which had been ascribed to them, or whether, on the other hand, the right hon. Gentleman had been guilty of an infraction of the law, nearly affectwhich they were connected, but of the people at ing not only the interests of the borough with large."

to the third point, the instructions he proposed to send out were, that the Governor should request the Buddhists to provide for themselves the means of appointing the priests, who had hitherto been appointed by the Governor of Ceylon. At the present time they appointed a large portion of the priesthood, and he intended to call upon them to take measures for appointing the remainder as well. If diffi culty were experienced on their part in so providing the means, he should then instruct the Governor to take into his own hands the provision of the means for mak-in discharging the difficult and distressing ing the appointments. Such was the course which the Government was anxious to take, in the hope of being able thereby to put an end to all these difficulties and without any breach of faith; but seeing the number of difficulties by which the question was surrounded, he proposed to leave a considerable discretion in the hands of the Governor.

SIR ROBERT H. INGLIS begged to ask if the right hon. Gentleman was prepared to lay the despatch which embodied his views upon the table of the House?

SIR JOHN PAKINGTON said, he would have no objection to do so when the despatch was quite ready.

THE DERBY ELECTION. SIR ALEXANDER COCKBURN said, he rose to bring under the notice of the House a petition from the borough of Derby, which he considered deserving the serious attention of the House. The petition set forth

He had been requested to bring this petition under the notice of the House, and having consented to do so, he trusted that

"That at the last election for the borough of Derby, Michael Thomas Bass, Lawrence Ileyworth, and Thomas Berry Horsfall, Esquires, were the candidates; that at the said election an organised system of bribery was resorted to, and successfully carried out, for the purpose of procuring the return of one of the Members, and which did procure, the said return; that the right hon. William Beresford, a Major in the Army, and a Member of the Most Hon. Privy Council, and Secretary at War, and now a Member of that hon. House, was a party to such bribery, and did himself send, or cause to be party; but just before that election ruBent, to the said borough an agent for the pur-mours became rife that a different result pose of carrying out the said scheme and system was about to be effected by the introducof bribery; and the petitioners therefore prayed tion by the Conservative party of bribery

duty thus cast upon him, he should not give the right hon. Gentleman, whose name was brought in question, reason to complain of any want of candour, fairness, and moderation on his part, or of the absence of what was always due from one Gentleman to another, however they might happen to sit on opposite sides of the House. He would now proceed to state the facts of the case as they had been stated to him. At the last election for the borough of Derby, the Members who had represented the borough in the previous Session of Parliament, Messrs. Bass and Heyworth, were opposed to Mr. Thomas Berry Horsfall. Mr. Horsfall, it was stated, was a merchant and resident of Liverpool, and at that time a political stranger to the borough, but he had married into a family named Cox, several members of which were established and carrying on various occupations in Derby, and were consequently possessed of considerable influence in the borough. One father to a Mr. Cox, in partnership with a of these gentlemen was a solicitor, and Mr. Fountain as wine merchants; another Mr. Cox was at the head of large leadworks, and it might make a matter for future observation, that it was in the house of this Mr. Cox that Mr. Horsfall, during his election, took up his residence. Up to the last election, Derby had been considered quite a stronghold of the Liberal

that the House would institute a full and search

ing inquiry into the whole of the case; and they prayed this the more earnestly, that the right hon. Gentleman had openly and publicly declared that those who had been instrumental in bringing the bribery to light had been guilty of a foul and scandalous conspiracy, and had resorted, for the purpose of earrying that conspiracy into effect, to falsehood and subornation of perjury. Under these circumstances, the petitioners were

money into the borough. Several of the more ardent and less prudent of the adherents of that party openly declared that money would not be wanting at the clection, and this intimation turned out in the sequel not to be without foundation. While this was going on, information was conveyed to Mr. Moss, a solicitor at Derby,