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why the House should pledge itself to the tion cut away, and, having established abolition. He did not mean to say, that that, he should be able to give the vote there had been any contract entered into, which he was about to give with greater but, originating as the grant did, and hav- satisfaction. When persons not hostile to ing survived so many changes, he must the establishment admitted the necessity confess that he could not help thinking of inquiry at the same time that accusaibat a concurrence with a pledge would tions were made, it was but fair that some show a hostile disposition towards the inquiry should be entered upon which Roman Catholics of Ireland. He could would remove the suspicions thus engennot, however, concur in an observation dered. He had now given his opinion which had fallen from the noble Lord. upon the question, without either censuring He did not think that there existed such the opinions or impugning the conduct of a compact as ought to prevent the inter- the hon. Gentleman by whom the question ference of the Legislature if the grant had been brought forward. should be perverted to evil purposes. He Viscount Morpeth explained that he could not agree in the opinion that the had not meant to say, that it did not sigsystem of instruction pursued at Maynooth nify what was the course of instruction ought to be a matter of indifference to the pursued at Maynooth. All he said was, House. He had not heard that observa- that he did not think himself bound to tion made by the noble Lord, but he had examine the contents of the books used heard it imputed to him, and he had not in the education of persons destined for seen, on the part of the noble Lord, any the Roman Catholic church, as long as sign of an energetic denial. Now, the he knew them to be the books sancsystem of education was a legitimate mat- tioned and prescribed by the Roman Cater for the consideration of Parliament, tholic authorities. On the contrary, he and the House would abandon its duty if had said that if any abuses existed, or it were to avow the doctrine, that because practices that were contrary to the intenthe grant had been continued for thirty tions of the grant, the visitors ought to years; it was, therefore, pledged to say to be appealed to, and after them the GoMaynooth, “You may inculcate what vernment or the Parliament. doctrine you please, however injurious to Mr. M. J. O'Connell felt bound to state the supremacy of the law, and destructive that the feeling of a great number of Roto the established government and monar- man Catholics as to this grant was posichy of the empire." If an opinion of that tively indifferent. If the principle laid kind were put forward, he, for one, would down by the hon. Baronet the Member never concur in it, and be thought it for the University of Oxford were adopted, should be repudiated by every Member of and if the grant were withdrawn on the the House. A misappropriation of the ground that it was unfair to tax the inhagrant would form a very proper subject of bitants of a country for the support of a inquiry, and if it were proved, the question religion in which they did not conscientimight be submitted to the House whether ously believe, he was quite sure it would on that ground the vote ought not to be meet with universal approbation. This discontinued. If accusations of this sort motion came most appropriately from the were made, all he could say was, that the hon. Member for Kent, for that part of recipients of the grant were the persons Kent which contained the metropolitan who should show most interest in chal- see was the scene of operations of the lenging inquiry, for the purpose of conci- missionary Thom. He had remarked, in liating the good will of the public by show- the course of this discussion, that while ing, if such was the fact, that the charges the hon. Member for Kent was engaged were groundless. Under such circum- in an attack on the Roman Catholic relistances, so far from inquiry being injuri- gion, the Scotch Members had loudly ous, they should, as he said, be the first cheered ; but when the hon. Member to challenge it. But, at the same time, he came out with his exclusive Church of should say, that nothing but full proof of England doctrines, those Members retired abuse would render it wise in the House to the back benches. He cautioned those of Commons lo enter into a pledge as to hon. Members against supporting such a the future with respect to this grant. To measure as this, seeing on what principle him, however, it would be much more it was founded.

any man at all acquainted with the law could vote for the discontinuance of the grant on the ground of there being no compact. He recommended his hon. Friend to withdraw his motion, and instead of proposing that there should be a discontinuance of the grant after the present year, he would suggest that his hon. Friend should, on a future occasion, propose that the Government should institute an inquiry with the view of seeing whether the charges which had been brought forward against the system of education in Maynooth, and against the system of morality inculcated there, were founded in fact or not. If such abuses existed there as had been described, it was the duty of the executive to prevent future grants being made to such an institution. He trusted, therefore, his hon. Friend would consent to withdraw his motion.

tremely sorry to have heard many of the opinions that had been uttered by hon. Gentlemen who sat on the same side of the House as himself, but he could not refrain from expressing his cordial concur. rence in the feelings that had been expressed by the right hon. Member for Tamworth.

Colonel Sibthorp recommended that the motion should be withdrawn, in conformity with the suggestion of his right hon. Friend.

Mr. Plumptre was willing to withdraw his motion, if such was the opinion of those who supported the view which he took of the subject; but he was in the hands of the House.

Mr. Hume stated that the hon. Member had brought forward his motion in the proper form, if he was anxious to take the decision of the House on the subject. After the statements that had been made by the hon. Gentleman and others who supported the motion, he thought that it was incumbent on him to take the sense of the House on the subject.

Mr. Barron observed that it would be considered an insult to the people of Ireland, if the House did not go to a division on this subject. It was notorious that many Members opposite had gained seats in that House by their declamations on the hustings on this subject, and by the base and cowardly manner in which they had made their attacks on this institution.

The Speaker called the hon. Member to order, and declared that the application of the terms cowardly and base to any Member in that House was clearly out of order.

Mr. W. Lascelles cordially concurred with the right hon. Gentleman in opposing any breach of any compact that had been entered into on this subject. But independent of the compact, he would go upon general principles, and would ask whether they, the House, could adopt the motion on the general principles laid down by the hon. Member for Kent. The suggestion of the hon. and learned Gentleman behind him, for a motion for inquiring as to the course of instruction at Maynooth, or as to the regulations there, were very different from the present proposition for the discontinuance of the grant. The matter had been taken up on grounds very different, and it involved questions to which he would not allude. He must observe, however, that having been engaged in attending to matters connected Mr. W. Barron stated that if the with the improvement of Ireland, he Speaker declared the terms to be unparwished to disconnect these practical mea- liamentary, he of course must withdraw sures with those topics which could only the expression. He, however, would supcause disunion. He had expressed these pose a case, and would observe that he feelings with reference to the subject of could not conceive anything more base or education generally, and he thought that cowardly than for any body of men on the it should be the object of the Legislature hustings supporting the gravest charges to do all that they consistently could to against an institution, and coming forconciliate the feelings of the people of ward before their constituents, whether in Ireland; and if, therefore, they came to Kent, or Maidstone, or Cambridge, he a vote on the subject of a grant to the would not stop to say, and addressing to College of Maynooth he hoped that it them the basest calumnies and falsehoods would be distinctly understood in the that could be invented, and indulging in country that it was not on the minor point the most unfounded and uncharitable obas to the regulations of that institution, servations against a body of their fellow but whether a system of education should christians, and denominating the college be continued there in conformity with the of Maynooth a den of thieves, and even

that it was the very acmé of baseness, | Berkeley, hon. H.
when the question came before the House
for discussion, to shrink from a division.
Mr. Christopher rose to order. He ap-
pealed to the chair whether the observa-
tions of the hon. Member did not dis-
tinctly apply to certain Members on his
side of the House. The hon. Gentleman
had stated that hon. Members had shrunk
from using language in that House which
they had addressed to their constituents
out of it.

Berkeley, hon. C.
Bewes, T.
Blake, W. J.
Blake, M. J.
Bowes, J.
Bridgeman, H.
Brodie, W. B.
Brotherton, J.
Busfeild, W.
Campbell, Sir J.
Chalmers, P.
Chetwynd, Major
Childers, J. W.
Clay, W.
Collier, J.
Collins, W.
Craig, W. G.
D'Eyncourt,rt.hn.C.T.
pru-Douglas, Sir C. E.

Mr. W. Barron was extremely sorry to attribute proceedings to certain persons which the hon. Member had said were so applicable to his friends around him. He thought that it would have been more prudent of Gentlemen opposite to have followed the example set them that night by the right hon. Member for Tamworth, for the language which he used did him honour. He was sure the right hon. Gen. tleman would give credit in the country for the conduct which he had pursued, and he (Mr. Barron) was happy to see him shrink from contact with a certain portion of the party with which he was still connected.

The House divided-Ayes 42; Noes 121: Majority 79.

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Dundas, C. W. D.

Dundas, Sir R.
Elliot, hon. J. E.
Euston, Earl of
Evans, G.
Evans, W.
Ewart, W.
Ferguson, Sir R. A.
Finch, F.
Fitzroy, Lord C.
Gordon, R.
Greenaway, C.
Greg, R. H.

Grey, rt. hon. Sir C.
Hall, Sir B.
Hawes, B.
Hawkins, J. H.

[blocks in formation]
[blocks in formation]

Humphery, J.

Ingham, R.

Langdale, hon. C.

Lascelles, hon. W. S.

Rushbrooke, Colonel

Loch, J.

[blocks in formation]

Ward, Mr.

Rushout, G.
Shirley, E. J.
Sibthorp, Colonel
Smyth, Sir G. H.
Vere, Sir C. B.
Waddington, H. S.

TELLERS.

Plumptre, Mr.
Inglis, Sir R. H.

List of the NOES.

Acland, Sir T. D.
Adam, Admiral
Aglionby, H. A.
Ainsworth, P.

Archbold, R.
Baring, rt. hon, F. T.
Barnard, E. G.
Barron, H. W.

Morpeth, Viscount

Worsley, Lord

Wyse, T.

Yates, J. A.

TELLERS.

O'Connell, M. J.

IONIAN ISLANDS.] Lord C. Fitzroy: In moving "That an humble Address be presented to her Majesty, praying that she will be pleased to direct a Commission to be sent to the Ionian Islands, to inquire into the grievances which at present exist," said, I will not trespass on the attention of

That

consider this question on the broad principle of the advantage of the Ionian Islands to this country. I will, in the first place, call the attention of the House to their geographical position. They are situated centrally between three continents-Europe, Asia, and Africa,-and bear strongly on our line of commerce with the Mediterranean. I wish to submit to the attention of the noble Secretary for Foreign Affairs, whether the attachment of these islands to our protection, or the discontents arising from it, must not necessarily weigh with Russia. power, in all the negotiations which have taken place, has manifested an anxious desire to obtain a footing in those seas; and, in the event of a war, no doubt great advantage would be taken of any misunderstanding which might exist between those islands and this country. I know those islands well; and the continued protection of England is their desire; but what they seek is an honest protection, and not to be subjected to a servile submission. It is for this reason that I advocate their cause. I am not here to rouse them to a sense of their grievances they know and feel them, and now for the first time, dare to declare them. It is too much the practice to despise small dependencies; and, in this case, it is said, they are only Ionians. On this point, I perfectly concur in the language of the Westminster Review, in October, 1833:

"Let not the weakness of the sufferers

pro

duce indifference to their just complaints. Is the mismanagement of 190,000 of our fellow subjects a trifle? If it is pleaded that the Ionians are not "lieges" of the king of England, does not the peculiarity of their dependence aggravate, in the eyes of Europe, the disgrace of the misgovernment?"

Now, Sir, the first arbitrary act that I shall notice, of which the Ionians complain, is the dissolution of their Parliament; because in the difference of opinion that took place between the legislative body and the Senate, on account of the new civil and criminal code, the Lord High Commissioner sided with the Senate. Now, Sir, this disagreement arose upon the different interpretation of the constitution. By the constitution, the laws are ordinary and fundamental: the ordinary laws pass through the Senate and Legislative Assembly, and are ratified by the Lord High Commissioner; the funda

tive body alone, and pass directly to the Sovereign Protector, for ratification. And this law of the civil and criminal codes, being a fundamental law, should be subjected to this form. Lest any doubt should arise on this subject, I will read to the House Art. 8. sec. 3. chap. 6. :—

"Whereas, in the preceding article, provision is made for establishing a temporary court of justice, denominated the Supreme Council of Justice of the United States of the Ionian Islands, and for maintaining the same till such time as new codes of civil and criminal law and procedure can be framed and adopted, and which provision operates, for the time being, as a reservation to a future period of the adjusting the final constitution in these states, as far as regards the judicial authority within the same; it is hereby declared, that whenever such civil and criminal codes and procedure shall be framed, or when the three years shall have expired for which the Supreme Council of Justice is established, the Legislative Assembly of these states shall, on a message to be transmitted to that effect by his Excellency the Lord High Commissioner, consider itself to be sitting for the immediate consideration of the said reserved matters of the constitution; and all the enactments then of law, and of a fitting and civil criminal code made for the final adjustment of the due courts and procedure, shall, in the first instance (as in the instance of the constitution itself), be submitted to his Majesty the protecting Sovereign; and, if ratified, they shall then be considered, to all intents and purposes, as forming an integral part of the constitution itself of these

states."

It is impossible to read this and not agree with the Legislative Assembly when they objected and refused to discuss the codes with the Senate; and this provision was made, from considering the codes as an integral part of the constitution. Now, the House should be informed, that the Senate is not a high legislative assembly, but an executive power elected by the Assembly; the mode being, after the Legislative Assembly is formed, for the Lord High Commissioner to take five from that body, to form the Senate, supplying the vacant places in the Legislative Assembly by his own nomination. The determination of the Legislative Assembly to stand by their privilege determined the Lord High Commissioner, first, to prorogue them, and, afterwards, to obtain an Order in Council for their dissolution. It was in this interim that the Cavaliere Mustoxides came to England, to explain to the Government, here, the grounds upon

differed with the opinion of the Lord High | the Ionian Islands, to inquire into and report Commissioner, expressing a wish that the upon all grievances against the Government of reasons of the Legislative Assembly might those islands that may be laid before it." be heard. No courtesy was shown to this Lord John Russell: I do not think gentleman, though he was entitled to it in the motion of the noble Lord would every way, from his high literary charac-lead to a solution of the difficulties ter, and his decoration of the order of St. which have existed in the Ionian IsMichael and St. George, conferred by lands. The noble Lord says that a difGeorge 4th. After four months waiting ference of opinion prevailed as to whether in this country, he returned home, and were of that nature which required the had the further mortification of seeing concurrence of the Assembly only, or of that the Order in Council was dated six the Assembly and the Senate. Upon that weeks before he left England. The dis- question being stated by the Lord High solution of the Parliament then took Commissioner to the Secretary of State, place; and I will inform the House that the latter thought it right to inform the such an act is not an appeal to the people. Lord High Commissioner of the opinion of The election or selection, takes place in the Sovereign; and no better course could the following manner :-The Lord High have been taken than stating the interpre Commissioner chooses eleven men out of tation which the law officers of the Crown the forty, as the nucleus of the new As-put upon the original contract; and that sembly; and for the remaining twenty-interpretation was, that the Senate must nine, he sends double lists of names to concur with the Assembly in agreeing to each of the islands; and one of these lists such laws. The opinion of the protecthe electors must return. Such a mockery tive Sovereign, however, was considered of a popular assembly does not exist any-of little importance; this concurrence did where else. But the Cavaliere Mus-not take place, and the Lord High Comtoxides, for having dared to go to Eng-missioner proposed to receive the consent land, experienced the spite of the Lord of her Majesty in Council to dissolve the High Commissioner, who, upon pretext Assembly. After a good deal of correthat he might have been concerned in the spondence, that assent was given, and the Greek plot against the Government of Assembly was dissolved. A new AsGreece, made use of his high police power, sembly was called; it has passed the new and seized the Cavaliere Mustoxides's code; the Senate have concurred with papers, public and private, as well as those them: and that code is now about to beof Signor Petrizzopula, Count Roma, and come the law of the Ionian Islands. That others. The Government of Greece de- question is therefore at an end. I do clared that the Cavaliere Mustoxides was not conceive how my noble Friend can in no manner concerned in this plot, say that the Assembly of 1839 was the suwhich, after all, subjected the persons preme power, and that the Assembly of concerned to he tried for a misdemeanour 1840 is not. If my noble Friend stands only; but, under this high police autho- on the act of the Assembly, I may quote rity, the Cavaliere Mustoxides might have the opinion of the latter against the opinbeen banished to Cerigo, in the same way ion of the former. The question with that the Lord High Commissioner treated respect to the general Government retwo shoemakers, who, for the crime of mains. I do not deny that the present having run against a senator in the streets constitution of the Ionian Islands, while and abused him, were, without trial, under it exhibits the form and figure of a free the authority of the high police, banished constitution, is not based on those printo the island of Cerigo. Having this ciples which give the people the right of power, say the least for it, the Lord High free election, and their representatives, the Commissioner placed his victim (Cava- control of the Government; but as was liere Mustoxides) under a cloud, insinuated said by Sir Howard Douglas, the people all that was bad against him, and then re- are exceedingly uninformed and ill-prefrained from making any public accusa-pared for the exercise of the constitutional tion. Having stated these facts, I will not detain the House, but simply move, "That an humble Address be presented to her Majesty, praying that she will be graciously pleased to direct a Commission to be sent to VOL. LV.

powers of a free Government; and if they possessed those powers, they might in all probability, use them in a very improper manner. I do not think the benefit of a free Government ought at once to be

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