portation Bill.-By Mr. Dennistoun, from Glasgow, for a Repeal of the Union.-From Manchester, and Salford, against the Buildings Regulation and Boroughs Improvement Bills. From the Glasgow, Paisley, and Greenock Railway Company, for Alteration of the mode of Charging the Duty on Passengers by Railways.-From Worcester, and North Shields, against the Exportation of Hill Coolies from British India. EDINBURGH AND GLASGOW RAILWAY.] Mr. Oswald moved that the Members for the City of Glasgow, and for the counties of Dumbarton and Lanark be added to the committee on the Edinburgh and Glasgow Railway Bill. to the Government in time of war, he could not but think that that very circumstance of our being prepared by a sense of necessity, in time of peace, for a limited time, and for a particular purpose, to impose such a tax, which the people were prepared to submit to as a great effort to restore the finances, he thought that this very circumstance would more than anything tend to show the world the power and resources of this country, and induce those nations not to swerve from that course of friendliness and conciliation with regard to this country which the noble and Mr. Greene said, that an application of learned Lord had described, and which he a similar nature, in relation to the Severn believed it was the disposition of all Navigation Bill, had been referred last foreign powers to continue to pursue in Session; and, therefore, he thought the conducting the affairs of the world. The hon. Member for Glasgow ought to make noble Earl concluded by moving the pre-out a strong case to induce the House to vious question. accede to his motion. Lord Brougham explained, that he had omitted any resolution with reference to the inquisitorial nature of the proposed tax, because he was not to know that the bill would contain clauses of that nature, but at the same time he had felt that the very nature of an Income-tax rendered some such machinery necessary. If there should be such clauses in the bill, when it came up they could be considered without the difficulties which would attend the money clauses. Previous question put, and it was agreed nem. con. that Lord Brougham's resolutions should not be put. Adjourned. HOUSE OF COMMONS, Thursday, March 17, 1842. MINUTES.] BILLS. Private.-1o City of Glasgow Life Assurance and Reversionary Company; Haddingtonshire 3o and passed:-Clee Inclosure; South Eastern Railway. PETITIONS PRESENTED. By Dr. Bowring, and Mr. Dennistoun, from Irvine, Glasgow, and several other places, for a Repeal of the Corn-laws.-By Mr. Greenall, and Mr. Grimsditch, from Wigan, and Macclesfield, for a Gilbert Unions.-By Mr. Hutt, from the Gateshead and Glasgow, passed through a great portion Mr. Oswald said, the railway went to of the county of Lanark, and went close to the county of Dumbarton, and as it had been referred to the South Eastern list, no Members connected with those places would serve upon the committee. Mr. Estcourt said, it was true the bill had been referred to the South Eastern list. As the railway went from Edinburgh to Glasgow, the bill might with equal propriety be referred to either the South Eastern or the South Western list, and as the South Western list had several bills under their consideration, and the South Eastern list none, it had been thought best to refer the bill to the list which was least burdened with business. As some inconvenience was likely to result if the hon. Gentleman's proposition were not acceded to, he was willing to acquiesce in it. Mr. Fox Maule was understood to approve of the course adopted by the hon. Member for Oxford. Mr. Labouchere said, he was much surprised at the opinion expressed by the Bill to Prevent Brewers Casks from being Distrained for hon. Gentleman opposite, at the same their Customers Rent.-By Mr. Elphinstone, from the time he had so much confidence in him, Ward of Cheap, for the Redemption of the Tolls on Waterloo, &c. Bridges.By Mr. Ferrand, and Mr. Colville, that he did not wish to set his opinion in from several places in Staffordshire, Derbyshire, and War. Opposition to that of the hon. Member; wickshire, against the New Poor-law, and in favour of but he must say, that the House ought to Tyne, and Newcastle General Shipping Companies, be very cautious how they departed from against the Proposed Addition to the Duty on Coals-general regulations. This might be a By Mr. O'Connell, from Derry, that the Ironmongers precedent which would lead to many apand grant Freehold Leases of their Lands instead of Let-plications, not only from Scotland, but ting at Will.-By Mr. Muntz, and Mr. Redington, from from other places, and in many instances Millowners of Stratford-upon-Avon, and in Galway, for very good cases might be made out for placing certain Members on committee. Company may be compelled to adhere to their Charter, Encouraging the Importation of Grain in preference to ELECTION PETITION ABSENCE OF A MEMBER.] Lord G. Somerset reported from the general committee of elections the names of the members of the select committee appointed to try and determine the merits of the petition complaining of an undue election and return for the borough of Wigan, as follow:-The Earl of Lincoln, Mr. H. Tufnell, Mr. H. Kemble, Mr. R. Scott, Mr. F. A. M'Geachy, the hon. H. T. Howard, and Mr. Benjamin Hawes, (chairman.) On calling over the names of the Mem bers preparatory to their being sworn at the Table, it was found that the hon. H. T. Howard was absent. Lord G. Somerset moved "That the clause in the Election Petition Act relative to the attendance of Members appointed to try and determine the merits of petitions against alleged undue returns of Members to sit in that House be read." The clerk read the clause, which set forth, "That any Member appointed to sit on an election petition, who shall not attend in his place one hour after the House meets, and take the oaths, or who shall depart from the House, unless the petition be discharged, shall be ordered to be taken into custody of the Sergeant-at-Arms, or otherwise punished or censured as the House may direct, unless it be verified on oath that such Member, by sudden accident, has been prevented from attending." Lord G. Somerset wished to know before he made the motion which he meant to propose, whether any hon. Member could inform the House of the cause which occasioned the absence of the hon. Mr. H. T. Howard? Mr. Tufnell said, he believed that it was the intention of the hon. Member to have been in his place at the proper time, and most probably he was then on his way to the House. He hoped, therefore, that the noble Lord would not press his motion at present. Lord G. Somerset said, that as the act was imperative, its letter and spirit must be followed out; and he should, therefore move, that the hon. H. T. Howard be taken into the custody of the Sergeant-atArms. Motion agreed to. ARMY IN INDIA.] Lord John Russell having understood from the right hon. Baronet at the head of the Government on a former occasion that it was probable an increase would be made to the army in India, but that no determination could be come to until fuller official information was received, was desirous of knowing whether anything definite had been resolved upon. It was stated that six regiments were about to be added to the army in India. Was the resolution formally taken; and if the increase was resolved upon, did the right hon. Baronet intend to move for a supplementery esti mate. Sir R. Peel said, that it was the inten tion of Government to increase the army | to the extent of the sum received from the in India, and as it was found necessary to Chinese government, after deducting the increase the military establishment, a sup- and to assure her Majesty that this House will amount awarded by her Majesty to the captors plementary estimate would of course be make good the same." required, and would be laid upon the Table in due time. Lord J. Russsell asked the question with the view of ascertaining what additional force would be required. Sir R. Peel was in expectation of fresh accounts, containing more detailed information than had yet been received, and until they were furnished he did not think it expedient to state the exact views of the Government upon the subject. The hon. Member said he had to request the indulgence of the House while he endeavoured to state the case which had been intrusted to him as clearly and succinctly The circumstances as it was in his power. which had given rise to the case were well known to the House. It would be in the recollection of hon. Gentlemen that a large quantity of opium, the property of British merchants, had been delivered to the superintendent of the British trade in China. It was not necessary that at the present time he should enter into the merits or appointed to inquire respecting the collec-sufficient for his present argument, in the demerits of the trade in opium. It was tion of the revenue. He wished to know whether the committee had made any report, and if so, whether any saving was likely to be effected. REVENUE COMMISSION.] Mr. Hawes understood that a commission had been Lord G. Somerset (as chairman of the commission) said, that a report had been forwarded to the Treasury, but he could not, of course, say what had been done in consequence. The report did not contain any recommendation as to a definite saving. ADDRESS TO THE CROWN-COMPENSATION FOR OPIUM Seized by the CHINESE.] Mr. Lindsay rose, in of notice, pursuance to move trade in opium was clearly recognised and first place to prove that the legality of the sanctioned by the British Government. would allow him, a very short extract from To prove this he would read, if the House the report of the committee of the House of Commons which sat in 1832, in which it was clearly acknowledged that the opium trade was a trade proper to be conducted. After having had all anomalies of the trade explained to them they came to the conclusion, on the complete information before them, Another portion of the report was as follows "That in the present state of the revenue of India it does not appear desirable to abandon so important a source of revenue as the "That the House will, upon Thursday, the opium trade, the duty on opium being one 7th day of April next, resolve itself into a which falls principally on the foreign concommittee, to consider of the following ad-sumer, and which appears on the whole less dress to her Majesty-that is to say, 'That an liable to objection than any other which can humble address be presented to her Majesty, be proposed." praying that her Majesty will be graciously pleased to take into consideration the circumstances under which the British merchants and others, subjects of the British Crown, did on the 27th day of March, 1839, upon the requisition of Captain Elliott, superintendent of British trade in Canton, surrender to the said Captain Elliott, for the service of her Majesty's Government, 20,283 chests of opium, on the assurance of the said Captain Elliott that he on behalf of her Majesty's Government, held himself responsible in the fullest and most unreserved manner for the same, and further, These words were of some importance to that compensation for the injury sustained by the present case, because it was clear that her Majesty's subjects was the first of the de- the crisis which arrived in China was mands made by her Majesty upon the govern-chiefly the consequence of the increased ment of China (to enforce which an expedition was sent out), and that a sum of money having production of British opium, which was now been received from the government of occasioned by the sanction given to the China, her Majesty will be graciously pleased trade by such authorities as that to which to advance to such British merchants and he had referred. His object in making others, on account of their respective losses, his present address to the House was two "That it would be imprudent to rely on the opium monopoly as a permanent source of revenue, and that the time might probably not be very far distant when it might be desirable to substitute an export duty, and thus, by the increased production under a system of freedom, to endeavour to obtain some compensation for the loss of the monopoly profit." fold-first, to endeavour to prove that the honour and character of the country were involved in the full redemption of certain pledges give by Captain Elliott, on the guarantee of which the British merchants in China surrendered a vast quantity of opium; and, secondly, to endeavour to convince the House that it was desirable, on all grounds of justice and expediency, that those pledges should be redeemed. It was important to show that British subjects trading to China conceived Captain Elliott to be possessed of full authority, which they were bound to obey; and in order to do this he should next proceed to read the words of the act of Parliament and Order in Council granting this authority "By act 3rd. and 4th. William the 4th, his late Majesty was empowered, by commission or warrant under his sign manual, to appoint not exceeding three of his Majesty's subjects to be superintendents of the trade of British subjects to and from China, for the purpose of protecting and promoting such trade; and by any such order or orders, commission or cominissions, as to his Majesty in Council should appear expedient and salutary, to give to the superintendents, or any of them, powers and authorities over and in respect of the trade and commerce of his Majesty's subjects within any part of the said dominions; and to make and issue directions and regulations touching the said trade and commerce, and for the Government of his Majesty's subjects within the ssid dominions; and to impose penalties, forfeitures, or imprisonments, for the breach of any such directions and regulations, to be inforced in such manner as in the said order or orders should be specified." He would allow that the act of Parliament was, perhaps, not very satisfactory, as it would presently appear that all that had been done by the Order in Council was to invest Captain Elliott with the powers held by the supercargo of the East India Company. In pursuance of this act of Parliament an order was made by his late Majesty in Council, on the 9th of December, 1833, by which it was ordered, "That all the powers and authorities which on the 21st day of April, 1834, should by law be vested in the supercargoes of the East India Company, over and in respect of the trade and commerce of his Majesty's subjects at the port of Canton, should be, and the same were thereby vested in the superintendents for the time being appointed under and by virtue of the said act of Parliament." The authority of the East India Company's supercargo enabled them to deport from the country British subjects miscon ducting themselves, to take away licences from ships, and to exercise general control over the trade of the company to China. So great was the impulse given by the East India Company to the opium trade with the view of increasing the revenue derived from it, that it at length extended over the whole coast of China, and established itself within the port of Canton, thereby greatly endangering the regular and legal trade. As a proof of the authority exercised by Captain Elliott, he would read to the House the following order, issued on the 18th of December, 1838, to which due obedience was paid:— “December, 18, 1838-I, Charles Elliot, chief superintendent of the trade of British subjects in China, moved by the urgent considerations immediately affecting the safety of the lives and properties of all her Majesty's subjects engaged in the trade of Canton, do hereby formally give notice and require, that all British owned schooners, cutters, and otherwise rigged small craft, either habitually or occasionally engaged in the illicit opium traffic within the Bocca Tigris, should proceed forth of the same within the space of three days from the date of these presents, and not return within the Bocca Tigris, being engaged in the said illicit opium traffic." The British subjects to whom these vessels belonged, obeyed the order of the superintendent, and retired out of the river. He need not enter into the particulars of the crisis produced at Canton, by the arrival of Commissioner Lin. Captain Elliot was not in Canton at the moment when the first arbitrary measures were taken, but hearing, that the lives of British subjects were in danger, he, with that frank courage and gallantry which distinguished his character-for so he must admit, however much he might differ from the gallant Officer on some points-immediately repaired to that city. They had heard a high authority in that House, who was borne out by the great name of the Duke of Wellington, declare, that Captain Elliot was perfectly justified in acting thus. On arriving at Canton, he found, that a great crisis had occurred, all the British subjects were in prison, and Captain Elliot immediately said, on the moment of his arrival, that he would take on himself the whole charge and responsibility of the measures to be taken. He would now read the public notice of Captain Elliot, on which the whole case rested, and the question for the House to decide would be, whether the country was or was not responsible for what Captain Elliot did But on that occasion. The notice was ad- I read, that Captain Elliot enjoined British dressed to British subjects in Canton, and subjects in China to deliver up their prowas dated March 27, 1839:perty for the service of the Government of "I, Charles Elliot, Chief Superintendent of Great Britain. He would at once grant the trade of British subjects in China, pre- that the Chinese Government would have sently forcibly detained in Canton by the been justified in seizing all the opium on provincial Government, together with all the the coast of China, if they had been able merchants of my own, and the other foreign to do so. nations settled here, without supplies of food, had not dared to attempt it. The opium But they had not done so; they deprived of our servants, and cut off from all surrendered to Captain Elliot was entirely intercourse with our respective countries (notwithstanding my own official demand to be out of the power of the Chinese, and a set at liberty, so that I might act without re- large portion of it had already been ordered straint), have now received the commands of away from China, and was sailing down the High Commissioner, issued directly to me the Chinese seas to Singapore. At the under the seal of the hon. officers, to deliver urgent request of the superintendent it into his hands all the opium held by the peo- was brought back again, in order to be ple of my country. Now I, the said Chief delivered to him. Superintendent, thus constrained by para-tain, that the country was responsible for He would not mainmount motives affecting the safety of the lives and liberty of all the foreigners here present in Canton, and by other very weighty causes, do hereby, in the name and on the behalf of her Britannic Majesty's Government, enjoin and require all her Majesty's subjects, now present in Canton, forthwith to make a surrender to me, for the service of her said Majesty's Government, to be delivered over to the Government of China, of all the opium belonging to them, or British opium under their respective control; and to hold the British ships and vessels engaged in the trade of opium subject to my immediate direction, and to forward to me without delay, a sealed list of all the British owned opium in their respective possession. And I, the said Chief Superintendent, do now, in the most full and unreserved manner, hold myself responsible for, and on the behalf of her Britannic Majesty's Government, to all and each of her Majesty's subjects surrendering the said British owned opium into my hands, to be delivered over to the Chinese Government. And I, the said Chief Superintendent, do further specially caution all her Majesty's subjects here present in Canton, owners of or charged with the management of opium, the property of British subjects, that failing the surrender of the said opium into my hands, at or before six o,clock, this day, I, the said Chief Superintendent hereby declare her Majesty's Government wholly free of all manner of responsibility or liability in respect of the said British owned opium. And it is specially to be understood, that proof of British property and value of all British opium surrendered to me agreeably to this notice shall be determined upon principles in a manner hereafter to be defined by her Majesty's Government. Given under my hand and seal of office at Canton, in China, this 27th day of March, in the year of our Lord 1839, at 6 of the clock in the morning. "CHARLES ELLIOT, every act which might be done by a foreign "The definite political purposes in view at the moment, were to break up the large contingent force from the other provinces assembled at Canton, to destroy the formidable aggressive preparation of the last two months, and to tame the spirit and cripple the resources of the Government, by dismissing the imperial commissioners, and levying a contribution on "Chief Superintendent of the Trade of Brit- the treasury in part satisfaction of the heavy ish subjects in China." demands of her Majesty's Government. . . In this situation of affairs, I was enable to conIt would be seen, from what he had clude a convention with the local authorities, |