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To this part of it I can have no of his majesty's ministers and those objection, further than that it' of the hon. gentlemen who are de would be a waste of time to record sirous of a more rapid progress is, over again what we have already that they risk the desired end, to recorded ; and, to the second part' arrive at a precipitate conclusion ; of it, which pledges the House to whereas we wish to retard a little follow up this declaration with the attainment of the object, in measures calculated to give effect order that we may arrive at it with to it in the ensuing session, I have a greater assurance of safety." another and a different objection. Sir T. Ackland, having observed I think that to record such a deter that he did not wish directly to mination would be productive of negative the motion, and that he positive mischief. I do not look nevertheless thought that its adopto the six or eight months which tion would retard the good effects may possibly intervene between to be looked for from the resoluthe present and ensuing session, tions of 1823, moved the previous with any feeling of despair that the question as an amendment, which West-Indian governments will not was carried by a majority of 100 adopt some measures in the spirit to 38: and thus the colonial legis of the recommendations sent out latures were allowed another op to them; and I think their dis- portunity of shewing how far they position to do this would be were inclined, by timely concessions weakened by a pledge of this nature. and purposes of good faith, to prea What would be the effect of it on vent the necessity of the direct and their minds? They would have a authoritative interference of the right to argue that we knew not mother country in matters of in our own minds; that, discontented ternal regulation. with the course we had already An important alteration was iné taken, we now stood pledged to re- troduced, during this session, into sort to some other mode of legisla. the administration of justiee in tion; that, whatever might have India, by a bill, brought in by Mr. been the views of government, the Wynn, for the regulation of juries House of Commons had stepped in, within the territories of the com and of necessity changed them by pany. The existing law admitted, pledging itself to a new mode of by its words, all British subjects proceeding. In this way would to serve upon juries; but, in its the Jamaica legislature have a right interpretation, this appellation had to argue ; and would it be right to never been extended to all persons abandon at once those expectations born within the British dominions. which it is impossible but we must A very large population had sprung have, and which the West-Indian up of late years in India, known legislatures will not be so absurd by the name of half-caste, one of and impolitie, to give it no worse a their parents having been a native, moral epithet, as to entirely dism and the other an European. By appoint, by signifying to them that the construction which the law we are not satisfied with our own had received, à construction so course, and thereby earning them ancient and fixed that only an aet to wait, and see what further steps of parliament could now alter it, we shall be disposed to take ? The the whole of this large class, though great difference between the plans born in wedlock, as well as another very numerous class, consisting of this provision of the act of 1813, the illegitimate children of Euc for three years, and allowing the ropean fathers by Indian mothers, company to appoint any person to were disqualified from serving upon a writership, who should produce juries, under the idea that they testimonials of character, and unwere not British subjects. By the dergo such an examination as might bill which now passed, this dis- be fixed by the Court of Directors qualification was removed, and and the India Board. « all good and sufficient persons
The case of Mr. Buckingham, resident within the limits of the who had formerly, on more occaseveral towns of Calcutta, Madras, sions than one, complained to parand Bombay, were declared to be liament, accusing the Indian gocompetent jurors, with the single vernment of having deprived him exception that only jurors profess- of his property, and despotically ing the Christian religion should banished him from the country, sit upon the trials of Christians. was again brought before the The details of qualification, sum- House of Commons by lord John moning, and challenging, were left Russell, who presented a petition to be regulated by the supreme from him, and moved that it should courts, subject to the approval of be referred to a select committee. the king in council.
The charges contained in the petiThe demands of the civil depart- tion, and which were principally ment of the company's service had directed against the late Mr. Adam, so much increased, that it became who had exercised the government necessary to facilitate the means of of India on the departure of the supplying them. An act of parlia- marquis of Hastings, were, that ment, passed in 1813, had provided after he had expended 20,000l. in that no person should be eligible establishing, under a licence, a newsto be a writer in the company's paper called the Calcutta Gazette, service, who had not passed four he had first of all been ordered to terms in the East-India College. quit India himself, and next, the liIn consequence of the subsequent cence of his newspaper had been extension of the company's ter withdrawn; that by these acts of ritories, and the establishment of government he had not only lost the new courts in Bengal, much incon- whole sum invested in his speculavenience had been experienced in tion, but had been involved in debts the administration of justice: many to the extent of 10,000l. ; and that persons preferred submitting to all these arbitrary proceedings had wrong, to the risk of being sum- been adopted against him merely moned a hundred, or a hundred and because of some strictures which fifty miles in prosecution of their appeared in his journal upon cerrights. The college could not turn tain public measures, off a sufficient number of young and Dr. Phillimore argued that men. Seventy more writers than there was no reason for the interit could furnish were required, and ference of parliament, as the petian annual production to the amount tioner had been treated according of fifty would, it was calculated, to law. No person could reside be necessary to supply the demand. in India without a licence; and In these circumstances, a bill was the obstinate conduct of Mr. Buckpassed suspending the operation of ingham, in defiance of all warnings,
had rendered his removal necessary. ferring the petition to a select comNo sensible man could think of a mittee was carried by a majority of free
press in India, where the em- three; and, two days afterwards, pire of a handful over so immense the committee obtained authority a population was the empire of from the House, to send for per opinion. The Calcutta journal sons, papers, and records. On had begun with 'virulent attacks the latter motion being made, Mr. upon individuals, and then assaulted Wynn' complained that the motion the government, canvassing even for the committee had been carried the most delicate transactions with by surprise ; he never having anthe utmost violence, in articles ticipated that more would be moved which were immediately translated for than the reading of the petition, into the native languages. Its and no notice having been given editor had received a warning of of the unusual mode of proceedthe consequences of persisting in ing which had been adopted, while this conduct in 1818, and disre- he was informed, notice had been garded it. In 1821 it was re- sent to the opposition members to peated, and it was communicated be at their posts. But since a to him, “that the Governor-general, committee had been carried, he in council, found himself con- must stipulate for a fairer one; strained to exercise the powers the present list contained only five vested in him ; and, however pain- names from his side of the House, ful it might be, he could not shrink and eleven from the opposition. from the discharge of that duty; The chancellor of the Exchequer that he would be deprived of his had come down to the House about licence, and would be required to six o'clock, and learning that the furnish security for quitting the presenting of petitions was not country." In the course of 1822, yet over, he had, he was ashamed Mr. Buckingham again repeated to say, turned back. Mr. Hobhis attacks on the government by house maintained that when the severe remarks on some transactions opposition did gain a question by which had taken place in the king- some strange accident, they were dom of Oude. Lord Hastings then entitled to make the most of so ungave him his final warning, stat- usual an occurrence; Mr. Calcraft, ing, at the same time, that if he that it was only by active and unpersevered in the same course, his expected evolutions that his side licence would be cancelled, and he of the House could ever hope to would be required forthwith to defeat their opponents; and lord leave India. This took place to- John Russell, that the system of ward the close of the year 1822, notices was extremely prejudicial and lord Hastings embarked for to his friends and him, as a notice England in January, 1823. Mr. never failed to bring down all Buckingham, on his departure, be the numerous representatives of gan again to calumniate the go- Downing-street. An amended list vernment; and Mr. Adam imme- of the committee was agreed to diately enforced the orders of lord without a division. Hastings against him. Any other In our North American colonies, course would have been pusilla- the law of naturalization was ex
tended in the Canadas. By an act The motion, however, for re- passed in 1791, no person could
be summoned to the legislative which it had been used was one council, or elect, or be elected, to which bore not the slightest shade the legislative assembly of these of a political aspect. It was that provinces, unless he was either a of a 'man' who had menaced a natural born subject of Great foreign ambassador, and who, Britain, or a subject who had be there was the best reason for precome so by the conquest and ces- suming, would have carried his sion of the Canadas, or had been threats into execution, had he not naturalized by an act of the British been brought before the Privy parliament. A bill was now Council, and dealt with under the passed, giving to a naturalizing provisions of this act. With the act of the Canadian legislature the exception of that singular case, the same effect as to one of the legis- powers, which had been confided to lature at home; but providing that him under that act, not only were, such act should be null and void if he trusted, not abused, but were not ratified by his majesty within actually not exercised. He had two years after it should have also the satisfaction of stating that been presented to him for that in addition to the act remaining purpose.
inoperative in his own hands, it Excepting the relaxation of the had never been used for the purnavigation laws in favour of the poses of annoyance by those in
states of South America, subordinate situations. He could which has been already noticed, also bear testimony to the exceland incidental remarks on the
lent conduct of the foreigners gress of the insurrection in Greece, resident in this country; and had which excited no discussion, and it not been for such discretion on led to no result, the only measure their part, the House and the regarding our relations with foreign country would now have been destátes, which occupied the atten« prived of the satisfaction of seeing tion of parliament, was the ex- such a measure as the present inpiry of the Alien act. During troduced ; and he trusted they this session it died a natural death, would so conduct themselves as and the expectations which had not to incur the imputation of been entertained that no renewal making a bad return for the conof a measure always unpopular, fidence about to be reposed in although sometimes necessary, them. Many of them had been would be proposed, were not dis- compelled to seek, and had found, appointed. In introducing the an asylum in this country; and it milder set of regulations which would be but a bad return for the conferring no power of sending reception they experienced, were aliens out of the country, were they to make England the scene now to take its place, Mr. Peel of plots and conspiracies against said, that, in relinquishing the existing authorities in their own power which that act had be- country. If, however, that should stowed, he had the gratifying con
turn out to be the case, an event he sciousness that, in no instance, had by no means anticipated, he would it been abused. The only case in feel it his duty to apply to parlia
ment for the renewal of those * 7 Geo. 4. c. 68.
powers for which he had the satisVide ante, p. 67:
faction to believe there was now no
necesssity, and for which he trusted warrant under his hand, or by there would be no future occasion. notice in the gazette. When leava
The new act* required that ing the kingdom, he makes a deevery alien resident within the claration to that effect at the port kingdom at the time it passed of departure, and his passport is should transmit to the Alien thereupon returned to him. There Office, within fourteen days, a is no
is no provision requiring him to written declaration of his name, declare into what foreign parts he rank, occupation, the country from is going; and, in no circumstances which he last came, and how long can he, against his will be sent he had been in this country, ac- out of the kingdom. If he' do not companied, in the case of domestic make the necessary declarations, servants, with the name and abode or make false ones, he is liable to a of their masters. An alien arriv- fine of 50l., or an imprisonment ing after the commencement of for not longer than six months, on the act is required to make a conviction before two justices. The similar declaration, and deliyer up repetition of the declarations may his passport to the chief officer of occasion to an alien some little the Customs at the port where he trouble; but certainly the very lands, with the name of the place least that government can be to which he intends to go, and the pected to ask is, that it shall at name and place of abode of any least know what foreigners are persons to whom he is known. resident in the country, and where He receives a certificate from the they reside. This is all that the Customs, and the declaration, the act grants; seven years residence passport, and a copy of the certi- emancipates the alien from its reficate are transmitted to the Alien straints altogether; and 'neither Office. When they are received, for the certificates, the declarations, a new certificate is given to the nor any other step required under alien; and if he be found there- it, does it allow a single fee to after, without the certificate, or be taken-a happy contrast from residing, without legal excuse, in the conduct of continental courts, any other place than those therein who contrive to pay their fiscal expressed, he is subject to a penalty officers by extortions practised upon of 201. ; but if the certificate shall strangers. have been lost or destroyed, the
The session of parliament was alien shall obtain a new one on its somewhat shortened by the apbeing attested by a justice of proach of its dissolution. On the peace that such is the case, and 31st of May, its sixth and last sesthat he has complied with the re- sion was terminated by the followquisitions of the act. Twice every ing Speech, delivered by the Lord year, viz. on the 1st January, and Chancellor as one of the Royal 1st July, he must repeat the de- Commissioners for that purpose. claration of his place of residence, “My Lords and Gentlemen, and where he intends in future to “ His Majesty commands us to reside; but a Secretary of State inform you, that, the state of the may require this declaration from public business enabling his Mahim more frequently either by a jesty to close the session at a period
of the year the most convenient * 7 Geo. 4. c. 54.
for a general election, it is his Ma