a certain degree of punishment an expiation of a certain offence, and a restitution to all rights, without its being referred to any other punishment of which it was the substitute, but as deriving its sanction from a substantive enactment. By a recent act, the punishment of whipping of females had been abolished, and fine and imprisonment had been awarded in its stead; but still, though these stood in the lieu of branding on the thumb as punishment, yet it did not serve its office as to the restitution of rights: for a woman so punished was not a competent witness in a court of justice. Here was an absurdity in the law which loudly called for amendment. In God's name, when parties had expiated their offence by fulfilling the sentence of the law, why should any exclusion remain against them? It was, therefore, provided by this bill, that wherever a party had undergone the punishment awarded by the court for any offence, he was then restored to all his rights, credits, and capacities, in as full a manner as if no offence had been committed. The third object of the bill was, to remedy a most extraordinary anomaly in the criminal law, as it affected a clergyman. It was scarcely credible, that at this day a clergyman convicted of a clergyable felony, should be dismissed altogether the first time, and encouraged by impunity to commit more. In a note to Blackstone it was stated, "that if a clergyman commit a capital felony, he may be hanged like any other subject-if a larceny or misdemeanor he may be punished; but, if a clergyable felony, he must the first time be dismissed harmless." Now, bound as he was to protect the clergy, he did not feel himself called upon to except them from the consequences attending their misdeeds, more than any other class of men. The present was the fittest time to legislate, when there was no particular case before the House. It was desirable to equalize the law towards all parties. There were many other parts of the criminal law which called for amendment and reform; but let the House make a beginning. The right hon. gentleman concluded by moving for leave to bring in the two bills. South Wales would have a retrospective effect; as much disturbance had arisen a short time ago from a misunderstanding on this head. Mr. Secretary Peel replied, that the cases to which the hon. member alluded had been provided for by a bill which he had brought in last session; so that it was unnecessary to make these pardons retrospective. Mr. Bright next asked, whether the act would extend to cases where pardons had been already imperfectly granted to persons in this country? Mr. Secretary Peel said, that all cases wherein pardon under the sign-manual had been granted, should receive the benefit of this act. Mr. Lockhart thought the right hon. gentleman entitled to the thanks of the country, for the praise-worthy reformis which he was about to introduce into our criminal law. It was certainly most de sirable that the quantum of punishment to every given offence should be as definite as possible; but, at the same time, care should be taken, that the granting of pardons was not dispensed so widely as to bestow an impunity to offenders. Considerable difficulty prevailed at present, as to the extent to which pardons from the Crown might be carried; as it appeared, in some cases, that the pardon had been given in plea for all offences committed antecedent to the date of that pardon, though such offences were distinct from that in which the mercy of the sovereign was extended. He advised a delay in the bill until information was obtained, as to the mischief which was likely to arise from that practice. Mr. Secretary Peel said, that a similar suggestion had been made to him by the hon. and learned member for Knaresborough, and he had no objection to put off the discussion until the necessary information could be obtained, with respect to the benefit of clergy. That was an obsolete and complicated system of punishment, and it was his wish to get rid of it altogether. The more simple the law was rendered, and the more defined the punishment of each offence, the better. It was in that spirit that these bills were conceived. Mr. Spring Rice recommended an extension of the principle of these bills to Ireland. Mr. Bernal said, he thought this a fie opportunity of alluding to a disgraceful. practice which prevailed at some of the police offices, of passing the prisoners, many of whom stood charged with common assaults, manacled through the streets from the offices to the prison. This practice, not to say any thing of its injustice, was most unbecoming. In some of the offices, the magistrates, much to their credit, had the prisoners conveyed in hackney coaches, but in others the contrary practice, notwithstanding its obvious indecency, continued to prevail. He wished to know whether the right hon. secretary could not give some relief under such circumstances. It appeared to him, that caravans might be provided for the conveyance of those persons. Mr. Secretary Peel assured the hon. member, that the subject had not escaped his attention. He had considered whether or not a caravan ought not to be procured, for the conveyance of prisoners from the police office to the gaols. But he had ascertained that the keeping up of such a conveyance would be exceedingly expensive; for, from the distance of the offices from each other, it would be necessary to have a caravan for each. As to the indecency of passing prisoners manacled through the streets, he concurred in all that the hon. member had said. In fact, he had sent to inform the different magistrates, that it was his wish that the prisoners should be passed in hackney coaches. be aware, that all important regulations proposed in relation to the affairs of India, were always submitted by the government of that country to the consideration of the government in England; and such regulations had been often very much altered, modified, or even entirely changed. He was much disposed to think, that if his majesty's government would select for India only such persons as were capable of conducting the affairs of that great nation, the less the interference of this country the better. Excepting in cases of complaint, or very extraordinary occurrence, he believed it would be found, that the less our home authorities interfered with the Indian administration, the better that country would be governed. He, however, feared, that if individuals were sent out to govern that great empire, who were incapable of their duty, or unworthy of their trust, it would be extremely difficult, if not impossible, that the misgovernment could be remedied by the wisdom of any councils at home. He feared that evils must have taken place.in India to a very great extent, and such as it behoved the House to pay the most serious and immediate attention to. As long as justice was impartially administered in India-as long as that country was tranquil, and its inhabitants tolerably happy-he should deprecate the interference of that House in the management of Indian affairs; but, whenever it was found, as at the present crisis, that geneINDIAN ARMY.] Mr. Hume rose to ral dissatisfaction was prevalent; that the make his promised motion for the produc- country was plunged into an extensive tion of papers relating to certain transac- war; and that no confidence whatever tions in India. The subject to which he was reposed in those who swayed the gowas about to call the attention of the vernment, it was the imperative duty of the House, was one of the utmost importance; House, to investigate the sources of the but, before he entered upon the topic, he evil, and to consider what measures were would advert to the very slight and indif- best calculated to check the progress of ferent manner, in which Indian affairs disaster, and to re-establish the former were often looked upon in that House. prosperity. The present state of India He was himself of opinion, that the au- was such, that it became a question of thorities of this country were little calcu- vital importance what measures the golated, at so great a distance, to legislate vernment would pursue; and what part for the necessities of so vast an empire, the administration would act, if those to and that the administration of Indian af- whom the power of interference was delefairs was, therefore, very properly left in gated should not adopt the proper meathe hands of the persons appointed by the sures, or meet the crisis with adequate Crown to reside in that country. It was wisdom and vigour. It was with a view true, there was a law existing, and a rule to investigate the manner in which this laid down, by which the public authorities department of government had performed in India were called upon to report their its duty, that he brought the present subproceedings to the government at home,ject before the House. The war now and to obey whatever orders they might receive from England. The House must raging in India was of the most calamitous description, and the possible result appeared not to have been calculated; but, whatever the result might be, the war itself could be attended with no credit to the actors, and had already inflicted much disgrace upon our arms. He had long wished to bring this subject distinctly and separately before the House; but a more disgraceful mass of information had never been laid upon the table, in explanation of so important a war as that which was now raging in India. He had been anxious to wait, in hopes of being supplied by other channels with the information requisite upon Indian affairs; but the Board of Control had either not the means of laying before the House, or had not thought proper to lay before the House, the information which was expected at their hands. The war had been most improperly begun; but it was absolutely necessary for the safety of our possessions in India, that the war, thus wantonly provoked, should be conducted to a successful issue. It had required nothing but prudence to continue India in the state in which it had been left by the marquis of Hastings; and he had trusted to have seen disseminated throughout that country, the enlightened views and liberal principles which had lately been making such progress throughout Europe. He had trusted, that a liberal policy, and the removal of commercial restrictions, would have enabled English capital to put in force the immense capabilities of that country. He had hoped that India would have been advancing in prosperity; but it had been retrograding. He could scarcely do otherwise than anticipate calamitous results from any change produced in India. That country possessed an army consisting of 150,000 native troops, and of not more than 20,000 or 22,000 European soldiers. It extended from the banks of the Indus to the Burmese frontier, and from the hills of Thibet to the southernmost point of Hindoostan. He was sorry to say, that no man could estimate the population within many millions. A census had been begun twenty years ago, but had not been proceeded in; but if we stated the population of India to be from eighty to ninety millions, it would not be over-rated. Many carried it to one hundred millions. When it was considered, that this vast population consisted of different castes, of different religions, of separate jurisdictions, of separate laws, and of separate interests, it would be seen that it required no common abilities to VOL. XII. conduct that country as it had been conducted formerly, and as it ought to be conducted at present. We ought to be most anxious, not only not to create in the breast of European or native even the smallest dissatisfaction at the government, but to inspire every class with the most complete confidence in their rulers. He assured the House, that in any observations which feil from him, he had no wish to cast the slightest imputation upon the personal character of lord Amherst; he blamed, not that noble lord, but the persons who appointed him to his present government. No man acquainted with the affairs of India, could for a moment suppose that lord Amherst, however amiable and estimable his private character, was equal, even in a time of profound peace, to the government of the vast territories which we possessed in that country. How much less, then, was he competent to that government in a time of war, and when our frontiers were surrounded by enemies? What had already occurred was sufficient to bear him out in the assertion, that that noble lord ought not to have been sent out at all. What was the event of lord Amherst's mission to India? Why, it was this-that we were plunged into a dangerous and unnecessary war; a war which, whatever might be its termination, could be productive of no benefit to the interests of the East-India company. But, as this was a part of the subject, the merits of which the House would have a more convenient opportunity of discussing at a future period, he would avoid entering more largely into it at present. The fact, however, was, that we were engaged in war; and, admitting, for the sake of argu ment, that it was a war justly entered into, let the House inquire, for a moment, how it had been conducted, and they would find, that every act of the government had been precipitate, rash, and unnecessary. He called upon any hon. members in that House, at all acquainted with the affairs of India, to state, from what information they had been able to collect, whether such was not the fact. He called upon them to say, whether it had not been the uniform policy of all governors of India, to avoid as much as possible, engaging the troops in active operations during the rainy season. He did not speak theoretically upon this point; he had been more than once encamped with the army, in the rainy seasons; and it would, perhaps, surprise the House to 4 F the present. Whilst he was in India, he found the best dispositions prevailing amongst the native troops; but, from recent accounts, it appeared, that the native army stood upon very ticklish grounds indeed. The affair at Barrackpore was a serious one: he hoped it would be shown that it was necessary: he would give no decided opinion upon it; but this he would say, that the treatment of the native troops who had mutinied, was stated, in the private accounts which reached him, to be much more severe than was necessary. Whatever was the cause of the disturbance at Barrackpore, it was sufficient for his present argument, that it did take place : and he agreed, that, however well grounded the cause of complaint on the part of the mutineers, that such mutiny ought to be at once put down; but, having been put down, it required the skill and ability possessed by the late governor-general, backed by the advice and assistance of a wise and liberal council, to have at once adopted the ulterior measures necessary to be pursued. Would it be believed, that in India, in a country where we might be said to hold our possessions under the natives, the government there should have indiscriminately punished the innocent with the guilty? Was there, he asked, any similar instance on the Company's records? He would now confine himself strictly to what had been admitted on the other side; namely, "that every effort had been made by the officers ap hear that, out of a body of 10,000 men, not more than 1,500 were capable of acting with effect. This was not an isolated case. It had been, for a long time, a general rule in India, not to expose the men more than was absolutely necessary at such periods of the year. Lord Amherst must, of course, have possessed full power to act upon this point; and, therefore, when he determined to advance the troops upon Rangoon, at such a period, he adopted a line of conduct which every person connected with India could not help blaming. The consequence of that conduct was, that after the most gallant attempts attempts which, he trusted, British troops would, under any circumstances, be always found ready to make our army found it impossible to secure for themselves those quarters and supplies, which their situations required. The position in which they were necessarily placed, brought on a mortality, the extent of which he was afraid to mention, because of the scantiness of information which was allowed to reach this country on the subject. The public press of India was not allowed to give the details; no official information was given to the public; so that gentlemen, in adverting to the question, were obliged to trust to brief and indirect accounts of the facts. He was the more anxious to dwell upon this part of the subject, in order to vindicate himself and his friends from any charge of exaggeration which might be made against them, and to show that the silence main-pointed for that purpose, to induce the tained by those who had the power of native troops to lay down their arms, but affording information, necessarily drove without effect; and that then the native them to the only other sources of inform- officers and non-commissioned officers ation which were open to them; namely, were called upon their allegiance to sepaprivate letters and communications. Ac-rate themselves from the troops, which cording to those private statements it appeared, that a large number of the disposable force called into action had been carried off, or rendered unfit for service. Without entering into details, it was sufficient for him to state, that all accounts concurred in stating, that our army had been placed in a situation of great distress, and that a degree of terror and alarm had been spread through India, such as had never been experienced there before. He had some experience of military affairs in India; and he could assure the House, that in no instance had he known the Bengal troops refuse to march or do their duty, with the exception of a little affair which took place in 1795, and which arose out of circumstances totally different from they instantly did to a man." After this, the mutineers were treated in a manner, the justice of which he doubted. But, to pass that, was there any reason on earth why lord Amherst should, in the public Gazette, state, that it was impossible the Sepoys could have been stirred up to such a mutiny, without the privity and consent of their officers and non-commissioned officers; and therefore that those officers, every man of whom had adhered to the Company's interests with honour and credit, were to be refused re-admission to the service, and treated with the greatest ignominy? He would ask whether such a measure as this was a proof of the talent, the wisdom, or the sound abilities of lord Amherst? It was, indeed, an act without was not, perhaps, generally known in that House, that for one European in our army in India, there were ten natives of various descriptions attached to it, and that if our troops in that country were compelled to carry their baggage as they did in colder climates, they would be rendered totally unfit for the purposes of warfare. Orders had been sent out, in consequence of which considerable reductions had been made in the attendants upon our officers, soldiers, and so forth, but still additional conveyances were necessary. When the troops were ordered to march from Barrackpore, they asked for their usual allowances, week after week; and it was not until shortly before the unfortunate affair which took place, that the government thought proper to allow them a certain sum of money, when, in fact, money was of no use, as the government were at that time engaging every mode of conveyance which could be obtained. Was it too much that the Sepoys should have requested to be furnished with the usual mode of conveyance for their baggage, &c.? The right hon. gentleman opposite knew so little of India as to be totally unable to form an opinion upon the subject. If he was acquainted with the interior circumstances of the country, he must be aware that no travelling conveyance could be obtained, without the aid of civil authorities-without, in fact, a system of impress. It was formerly the custom in India for officers to send to any particular native authority, and say, they required so many coolies, and so many bullocks, for the public service. This system was found productive of many hardships upon the natives; and it was in consequence decided, that no such requisition should be made by any military officer, where a civil authority could be applied to. Why, then, he asked, were not the civil magistrates applied to in this case, instead of giving the men money, which, under the circumstances, was of no use to them? It showed a want of attention to the habits and feelings of our native troops, which was unworthy of the government of that country, and which was calculated to alienate them from their allegiance to our government. He recollected, that in the Mahratta war, they had more than fifty candidates for any place which became vacant by death, or other circumstances. As to talking about desertion, it was a thing then totally unknown; and if it existed at present, it was a parallel. But, it did not stop here, for it was added (after the dismissal of the officers in this ignominious way), that a court of inquiry might be appointed, and if any of the officers were found innocent, they might be re-appointed. Now, he maintained, that a governor-general, capable of acting in such a manner, was totally unfit to direct the affairs of India; and those who conferred upon him that government would be seriously to blame if they continued him a moment longer in his appointment. He called upon the House to consider the accounts which had been received from Madras, Bengal, and Bombay, and they would find in them no difference with respect to the opinion entertained of the governor-general. On the contrary, it would be found, that the noble lord had lost the confidence of every man in the country, whether in or out of office. Was it possible to continue these great and extensive territories any longer under the government of such men as lord Amherst, and those about him? It was the duty of the House to inquire, whether the right hon. gentleman at the head of the Board of Control had in view any measure calculated to remedy the evil [hear, hear! from Mr. Wynn]. He was glad to hear the cheer of the right hon. gentleman, and he trusted, from the confidence of his manner, that he would be able to defend the course of policy recently pursued in India. He (Mr. H.) acted upon the best information which he was able to collect; but, where the press was silenced, and where the details only crept out indirectly, and in a manner likely to be magnified on the one hand, and curtailed on the other, was it to be wondered at, that hon. members should occasionally act upon misrepresentation? To avoid this, he was anxious to lay before the House and the country the fullest information which could be obtained upon the subject. It appeared, from letters written three weeks before the 1st of November, that complaints were made by the Sepoys, of a want of their usual allowances. The hon. member here went over the complaints of the Sepoys, of having been reduced from double full allowance (which, in his time, they were allowed in marching), by degrees, to such a quantity as was barely necessary for their support. Again, they went on to state, that in order to remove themselves and their families and baggage, it was necessary to afford them a certain number of coolies and carriage cattle. It |