Pagina-afbeeldingen
PDF
ePub

sure might be introduced less offensive to the feelings of the community, and therefore less objectionable.

ever, correct to say, that the measure was levelled against the poor; for it afforded them benefit and protection. The poor, in fact, were, of all classes of the community, the most interested in the su€cess of this measure.

The Earl of Harewood contended, that although the parliament had a right to legislate for the people of this country while living, yet that every man in the

when dead, and parliament had no right to pursue people beyond the limits of the grave. With respect to the horrid proceedings at Edinburgh, it was a disgrace to the country that they had not been investigated more fully, and that the public had not been informed of the result of the investigation. All that the public knew was, that fifteen or sixteen murders had been committed.

ut. Lords Calthorpe said, he thought the present measure was quite free from any reproach. There were two courses, one of which it was absolutely necessary to have recourse to. The first was to enlarge the provisions of the existing law, which confined the anatomy of the bodies of criminals to persons executed for mur-country had a right to Christian burial der. The next was to adopt the plan suggested by the present bill. He would ask those who objected to the bill on the score of its proving hurtful to the feelings of the lower classes, what could be their sufferings in this respect compared to those which arose out of the consequences of the existing law? Was there any class of the community so deeply aggrieved as the poor by the dreadful system carried on? He believed there were no persons whose remains were so easily obtained for the purposes of anatomy. The most rev. prelate had recommended a postponement of the bill till the next session; but it should be remembered, that the interval would not merely be spent in the consideration of the measure, but in the continuance of crime, while a liberal profession would be left to labour under the most disgraceful stigma and severe grievances. He was sure the noble duke at the head of the government would see the necessity of adopting some such remedy for the evils of the present system.

The Earl of Malmesbury said, that as he objected to three out of four of the provisions of the bill, he had no hope that it could be made unobjectionable in the committee. He objected also to the principle of interfering with the bodies of persons who had not offended against the laws.

The Duke of Wellington said, he was glad that the noble baron had consented, as he understood he had, to proceed no further with the bill in the present session. He approved so strongly of the object of the bill, and of the principle on which it proceeded that if the measure had been discussed it was his intention to have done all in his power to amend the bill in the committee. The reason he was glad that the bill was to be postponed was, that he was aware of the opposition that would be raised to it, and of the quarter from which that opposition was to come; and knowing too how much influence that opposition was likely to have upon the country, he could not help feeling that it was extremely desirable that such effects should not accompany the measure as it passed into a law. Although he could not take upon himself the task of bringing forward a measure on the subject, yet he would willingly co-operate with any noble lord who should bring forward another measure, even on the principle of this bill, to get rid of the horrible evils which were produced by the present system. Unless they could increase the number of subjects for dissection, they would do nothing. The first thing, then, to be done was this; but that could only be well done by being done in the way which was least objectionable to the feelings and prejudices of the people.

Earl Grey recommended his noble friend to accede to the proposition of the right rev. prelate, under the understanding that something would be done in the next session to remedy the inconveniences which resulted from the present state of the law. He regretted that the bill could not be carried into a law in this session; but, under all the circumstances of the case, he thought the course proposed the most advisable. He trusted, too, that the government would turn their attention to The Marquis of Lansdowne was sorry the subject, and endeavour to produce the bill was to be postponed. When some measure which would remedy the another measure should be brought forevils that now existed. It was not, how-ward, he would certainly propose that that

part of our law which directed that the bodies of malefactors should be given over for dissection should be repealed. He trusted that early next session some measure would be brought forward; for it was certain that the present law could not continue without increasing danger to every part of the community, especially to the houseless and friendless poor.

Lord Goderich regretted that the bill should be postponed, and trusted that the government would take the subject into their own hands.

The Earl of Haddington also regretted the postponement of the measure. He begged to observe, that the dreadful atrocities which had taken place at Edinburgh had been probed to the bottom.

1. Lord Tenterden said, that the state of the law, as it existed, was susceptible of improvement he did not mean to deny; but he thought that the alterations or amendments which it might be necessary to introduce into the law, ought to be effected by a measure very different from that now before their lordships. He could not see the necessity of that part of the bill which went to enable a Secretary of State to establish as many schools of anatomy in the metropolis as he might think proper. In Paris, he believed, there were but two schools of anatomy. Whether that number was sufficient for this great metropolis, he could not say; but he would not place such a power as that to which he had alluded in any hands whatsoever. He felt a very strong objection to some of the regulations of the bill: for instance, it was proposed, that the bodies of the destitute, of those who had none to help them-of those who were compelled to take refuge in our hospitals and public institutions-should be given up for dissection. Now, he believed that those individuals felt the most unconquerable objection to the dissection of their bodies; and he did not think, that their feelings on this subject, would be in the least degree removed by the consideration, that, subsequent to dissection, their bodies would be decently buried. One argument, urged in favour of the measure, was, that it would prevent the recurrence of such crimes as had lately been committed in Edinburgh. Now, he thought that what had already been done, would, in a great measure, effect that object; because he understood that proper attention would in future be paid, so that

professional men would at once discover whether subjects that were brought to them were the victims of barbarity, or persons who had died a natural death. Trusting, therefore, to the feelings of the profession, the members of which he considered as a humane and honourable set of men, he had every reason to believe, that such vigilance would hereafter be manifested by them, as would effectually prevent any similar transactions.

After a few words from lord Calthorpe, the bill was withdrawn.

METROPOLIS POLICE BILL. The Duke of Wellington, in rising to move that this bill be committed said, there could be no doubt that no branch connected with the administration of public justice in this country was so defective as the police. This was clearly proved by the great increase of crime in the metropolis. It appeared from the returns, that in the last six years the total number of criminals committed for various offences had increased in the ratio of two fifths. The commitments in London and Middlesex in 1822, were 2,539; in 1825, 2,902: in 1828, 3,516. This proportion did not arise from the prevalence of any particular crime, but prevailed in almost every species of crime perpetrated in the metropolis and its neighbouring districts, during the same period. It was perfectly clear to all who had considered the subject, that this rapid increase of crime arose solely from the deficiency of the police. Their lordships must know, that the state of the watch in most of the parishes of the metropolis was most inefficient. Indeed, nothing could possibly be more so. And though the state of the watch was thus confessedly inefficient, yet, from events which had recently occurred, it was well ascertained, that the watch was exceedingly expensive to parishes. He might say, that they were almost as expensive as they were inefficient. It was very evident that the present system required extensive alteration; for although crimes of all descriptions occurred almost every night in various parishes of the metropolis, yet no effectual measures were taken to prevent the recurrence of such outrages. Indeed, a list might be formed of parishes in the neighbourhood of the metropolis, where there was absolutely no protection for person or property. In the metropolis itself in Westminster where there was a watch in every parish,

the system was so badly arranged, that there was no co-operating communication between the watchmen of one parish and those of another; and even in the same parish there were frequently different watch-establishments governed by different local authorities. In one parish, that of St. Pancras, there were no less than eighteen different establishments, formed under different acts of parliament, not one of them having any communication with another. The consequence was, that the watchmen of one district were content with driving thieves from their own particular neighbourhood, into that which adjoined it. There was no doubt whatever in his mind, that it was perfectly practicable to prevent, in a very great degree, the commission of crimes, by a new regulation of the police. Many of their lordships must recollect what used to take place on the high roads in the neighbourhood of this metropolis some years ago. Scarcely a carriage could pass without being robbed; and frequently the passengers were obliged to give battle to the highwaymen who infested the roads. But such a thing as a robbery committed by a man mounted on horseback was now never heard of. This change had been effected by an improvement in the police system; and their lordships must be aware, that it was easy to establish, even in the city of London itself, a watch so framed as to prevent the commission of crime and outrage. There was another point to which he wished to call the attention of their lordships; and that was, the desire which so generally prevailed throughout the country, to diminish the number of capital punishments: And, indeed, to soften the severity of punishment in all cases. Now, the best mode of avoiding the infliction of punishment, was to prevent the growth of crime; and the legislature would do away the necessity of frequent punishment, by adopting a measure of this description, which would place an efficient police in the hands of the magistrate. The measure then before their lordships had for its object to form a new police-office for the metropolis, and the surrounding districts; and under the powers of this bill, it was to be an office which would have the whole direction of the new police, two justices being appointed to carry on the business of the office, under the Secretary of State for the Home Department. The provisions of the bill might, if circum

stances rendered it necessary, be extended to places in the counties of Middlesex, Surrey, Hertford, Essex, and Kent, not enumerated in the schedule annexed to the bill, to the distance of twelve miles from Charing Cross. The justices were to have no power beyond what was ne cessary to protect the peace of the country, and to carry this measure into effect. It was proposed by this bill, that a body of constables should be raised, and placed under the particular direction of this office. The expense of paying the patrol, &c. was to be defrayed by a rate, in the same way as the poor-rates, but not to exceed 8d. in the pound.

n

[ocr errors]

Lord Holland did not object either to the principle or the details of the bill; but there was one point which he conceived worthy of consideration. By this measure, he understood that the same rate would be levied on lands as on tenements, which would inflict a great hardship on the outstanding parishes. It was scarcely just to levy the same rate on those who had lands and no houses, as on those who possessed houses; since it was obe vious that the latter would reap the greater benefit from the bill. :

Lord Durham said, that when their lordships considered that the bill was intended for the protection of the property, the preservation of the peace, and the general security of the metropolis, no one could doubt the propriety of its introduction. He only regretted that it was brought forward at so late a period of the session. He really thought there was no necessity for the noble duke to have entered into a statement of the increase of crime in the metropolis, a fact that was perfectly notorious; and it was no less notorious, that the police was quite insufficient for the purposes for which it was created. But their lordships ought to consider from whom this faulty system came. The watch were formed by the parochial government-generally a self-elected body, without responsibility, who might levy what rate they pleased, and who, in fact, might act altogether as they pleased. He did not wonder, therefore, that the power enjoyed under such a system was subject to great abuse. What he objected to in this bill was, the inconsistency of its preamble, as contrasted with its provisions. It appeared, from the statement of the noble duke, that the principle on which the measure proceeded was that of uniformity of ac

scribed their names in the English character and language. The petitioners prayed that they might be admitted to sit upon grand juries, and that they might not be excluded, from all civil offices. He considered this exclusion to be highly detrimental to the administration, not only of civil, but judicial business in India.

Mr. Whitmore thought the petition of great importance, and that the concessions asked for, would tend much to promote the prosperity of India.

tion. The preamble said, "Whereas offences against property have lately increased in and near the metropolis, and the local establishments of nightly watch and nightly police have been found inadequate to the prevention and detection of crime, by reason of the frequent unfitness of the individuals employed, the insufficiency of their number, the limited sphere of their authority, and their want of connexion and co-operation with each other; and whereas it is expedient to substitute a new and more efficient system of police in lieu of such establishments," &c. Now after this preamble, he certainly did not expect to find, in the very next passage, a provision to limit the operation of the bill, and to exclude from it one half of the metropolis; namely, the city of London. Now, considering the way in which justice was often administered in the city, where the proceedings sometimes excited reprobation and sometimes ridicule, he really thought that the experiment should have been tried there first. Owing to their habits of life to their education, or rather want of education-those who presided at the Mansion-house and Guildhall either decided in a way that was any thing but satisfactory, or they were placed altogether in the hands of the clerk. He wished to know whether the police to be formed under the new system, in any given parish, would be obliged to afford their assistance in other parishes, where the same system did not prevail, and where the rate was not paid. If they were expected to afford assistance, then one parish might be paying for that purpose which was beneficial to many and if they were not, then so far the sytem partook of the defects of that which was now about to be altered.

After some further conversation, the bill was read a second time and committed.

HOUSE OF COMMONS,

Friday, June 5.

Lord Ashley assured the House, that this, and other questions of importance, had not escaped the attention of the board of Control, or the Directors of the EastIndia Company. Much had been done to increase the power of the natives. From the regulations which prevailed in the army, it was found impossible to confer on natives of distinction any military rank. The government had, in consequence, invested them with judicial powers to a great extent. The extent of that power was still confined to the decision of ques➡ tions where the sum amounted to fifty rupees; but Mr. Elphinstone had in Bombay increased that sum to 8000 rupees. The directors had, on all occasions, shewn the strongest disposition to improve the condition of the people; and the best proof he could offer of the success of that disposition was, that the number of natives who were benefitting by the public schools of Madras amounted to one hundred and eighty-eight thousand, and in Bombay to one hundred and sixteen thousand. The government were fully sensible, that it was only by the diffusion of education among the natives, and by an attention to the improvement of their social and political condition, that they could hope to advance the interests of the Europeans, or to secure the same prosperity of their empire in India.

Mr. Hume expressed his surprise to hear so much good sense from the noble lord, or from any member of his majesty's government, particularly after they had been told so repeatedly that the people of India were not fit to receive the benefits GRAND JURIES IN INDIA-PETITION of those institutions which were now about OF NATIVES TO BE ADMITTED TO SERVE to be conferred on them. It was only by ON.] Mr. Wynn presented a petition from improvement in the condition of the certain natives of India, praying for ad- natives, by amalgamating them with the mission to further civil privileges. The Europeans, by subjecting them to the same petition, he said, was signed by one hun- laws, and encouraging industry and dred and sixteen Mahometan and one morality, that this country could hope to hundred and twenty eight Hindoo in- maintain its supremacy in India. As to the habitants of Calcutta, all of whom sub-morality of the natives, in all the transac

tions he had had with them, he had found that morality to be as great as among the same classes in England.

Mr. Fergusson bore testimony to the respectability of the petition, which included among its signatures all the natives of wealth, and talent, in Calcutta. The petitioners complained that they were not permitted to sit on grand or petty juries, where the life or liberty of a European was at stake; and they prayed an alteration of the law. Now, it was not a little remarkable, that in the reign of George the 1st all natives were eligible to sit on both Juries, and it was not till 1784 that the exclusion took place. The natives, therefore, did not in reality pray a new right, but the restitution of one of which they had been deprived.

Sir C. Forbes wished to give the natives of India a participation in all the civil rights enjoyed by Europeans in that country. Soon after his arrival in India he had repeatedly served on petty juries with the natives, and had frequently experienced much greater satisfaction than when those juries were composed entirely of his countrymen. He had frequently regretted that the natives were not as eligible to serve on grand juries. Much must be done before the natives of India were placed on the footing on which, in his opinion they ought to stand. Among other things, he especially reprobated the different treatment experienced by native and by European peculators: the former were advertised in all the newspapers and in the various dialects of India, so that they became utterly degraded and expelled from society; but no such practice was resorted to with respect to the European peculators.

Sir J. Mackintosh said, he was glad that a subject had been taken up which involved the rights of eighty or a hundred millions of native inhabitants of India. He concurred in the observations which had proceeded from every part of the House on this subject and rejoiced at the liberal spirit which had breathed throughout the conversation. He believed there never was any absolute government so well administered as that of India, and he took this as the best confutation of the remark of a celebrated writer, that the dependeneies of free states were worse governed than those of absolute monarchies. It was the power of public opinion that formed the best guarantee for the good government of India. The British government of

India had two great merits: it afforded security to persons and property, and toleration in matters of religion. These were benefits of the highest class. The defects set against them were, too enormous taxation, and the too general exclusion of natives of India from office. Of all persons concerned in the government of India, Mr. Elphinstone, at Bombay, had done the most to admit natives to civil privileges. The hon. gent. then eulogised the character and conduct of sir John Malcolm; than whom no man was better calculated to carry into effect the improvement of the natives. He rejoiced at the testimony that had been borne to the character of the natives of India. He believed their private character to be excellent, and if their public integrity had been impaired by the effects of an absolute government, the remedy for the evil lay in a just government and equal laws, and a cautious approach to the grand remedy of political vices a free government.

Dr. Phillimore also bore testimony to the excellent character of the natives of India.

Mr. Warburton said, he was not quite so satisfied with the character of the natives as some hon. gentlemen; and adverted, in support of his doubts on the subject, to the opinion of sir Edward Strachey.

Mr. Stewart rose, to bear testimony to the great intelligence and moral worth of the natives of India, and to state his conviction of their fitness to discharge the important duties of grand jurors. He had resided upwards of twenty years in India, and a more honourable race of men than the natives was not to be found in any country.

Mr. Wynn said, in reply, that although he was most favourable to the object of the petitioners, he did not regret that the privilege in question was not granted until it had been asked for; as it could not be before known whether it would be considered as a boon or a burthen. Ordered to lie on the table.

CHARITIES' ENQUIRY BILL.] Mr. D. W. Harvey observed, that although the commission under this bill had cost 200,0007. and had lasted ten years, the commissioners had not proceeded through half the counties of England and Wales. How, then, could it be supposed that in another year, to which period their labours

« VorigeDoorgaan »