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regretted to say he could not adopt, was the lunatic into the presence of a justice, that a central board should be established who should call in the assistance of the in Dublin, to whom the control of these in medical officer of the dispensary district, stitutions should be intrusted. The crea- and on finding the person to be insane tion of such central boards was always to should make an order for his admission, be viewed with suspicion, and in this case whereupon the relieving officer should it was very doubtful whether a body of that convey him immediately to the asylum. kind was either desirable or necessary. The Bill would give the Lord Lieutenant The Bill would define as accurately as power to remove all lunatics found in possible the duties of all persons connected gaols, and likewise power—when sufficient with the conduct of these asylums; it asylum accommodation is provided to rewould provide an active, constant, and move all lunatics found in worklouses, rigid system of inspection, and yearly re-Gaols and workhouses were most unfit ports from the inspectors would be laid be- ! places for the custody of such persons. A fore Parliament. The power of the central proper person is seldom at hand to take authority over these institutions would be care of them ; in the one case the poor wielded principally by the Lord Lieutenant, madman was often given into the care of a whose authority would never be exercised tried prisoner-in the other, into that of an except to compel persons intrusted with the aged pauper. No curative treatment could management of these asylums to conform be availably pursued, and consequently to the regulations and to obey the law. the least chance of their recovery was at The Inspectors would be left very much an end. He therefore proposed, if pose as they now were. Great pains is taken to sible, to remove all pauper lunatics from avoid the exercise of anything like arbi- work houses and gaols—a course which trary power; and wherever the action of would necessitate a considerable increase the central authority was likely to be in the accommodation at present afforded objected to, the parties interested will, by these asylums, as would be seen by before the final order is made by the a consideration of the statistics furnish. Lord Lieutenant in Council, have an oppor- ed by the Commissioners. According to tunity of having their representations fully their report it appeared that there were considered. The local authorities would in the district asylums 3824; in the workhave the power of appointing all offi- houses, 1700; in the gaols, 156 ; and it cers, such as medical superintendents, was supposed that in the various private visiting physicians, matrons, chaplains, asylums there were about 3030 more. aud clerks, subject to the approval of the course, as
as the Commissioners said, it Lord Lieutenant, and they would also fix would not be necessary to provide anythe amount of their salaries under the like thing like the amount of accommodation condition. At present the mode of ad- that would be required for such numbers, mitting patients to these asylums was very but it was quite clear that a very large unsatisfactory. Sometimes they were ad. addition ought to be made. The Bill emmitted by the resident physician, at other powered the visitors under certain restrictimes by the board ; and complaints were tions to admit patients whose friends were often made that equal justice was not capable of contributing towards their maindone to patients having the same claim tenance. The absence of anything like to be received within their walls. A decent private asylums, where poor perpower was now vested in magistrates to sons able to pay a small sum towards commit to the county gaol dangerous lu- their own support could be received, was natics, who were thus frequently left in now much to be deplored. The Bill also prison for a considerable period, with authorized the visitors, in cases where any out proper care, and were not removed inmate of an asylum or his relatives were until the authorities of the asylums cer- possessed of sufficient property, to proceed tified that they had accommodation for against them for the recovery of such sums them. He proposed altogether to do in aid of the maintenance of the patient as away with that system, which he re- the justices might think fit to make them garded as barbarous and wholly unsuited contribute. The measure repealed all to the present age, and to provide that on former statutes referring to public lunatic receiving information that a poor person asylums in Ireland, and it furnished in the had become insane, the relieving officer of compass of one Bill a complete code in the district, or any member of a dispensary which every person, from the Inspector committee, should be required to bring downwards, could see at a glance what
were his duties in connection with these put in action the system had worked well ; institutions. The analogy of the English and his own opinion was that it should be Act, which had generally worked well, had the object of all true Irishmen to get rid been adhered to in framing the present of that centralized system of Government, measure, as far as was consistent with the where the circumstances of the case perstate of things prevalent in Ireland, and mitted it to be done with safety to the he sincerely hoped that with the assis- public interests. tance of the House this Bill, which was MR. ESMONDE did not regard grand imperatively called for on behalf of that juries in the light of representatives of unfortunate class whom it bad pleased the cesspayers. They were nominated by Providence to visit with the most dreadful the high sheriffs ; and it was a fundamencalamity which could befall the human race, tal principle of the Irish grand jury law, and who ought, therefore, to be the first that no money should be voted by the objects of their care and benevolence, grand jury until it had first been assented would be speedily passed into a law. The to at a meeting of the magistrates and asnoble Lord concluded by moving for leave sociated cesspayers. He trusted when the to introduce the Bill.
House was called upon to consider the deMR. BAGWELL said, he hoped his tails of the Bill the noble Lord would conLordship would introduce some provisions sent to an alteration of this portion of his relating to the criminal lunatics insteadwoof scheme. ignoring them altogether, as he had said Bill to consolidate and amend the Law the Bill would do. The gaols of Ireland relating to the Lunatic Poor in Ireland, were already sufficiently occupied, and any ordered to be brought in by Lord Naas relief that could be given with respect to and Mr. ATTORNEY GENERAL for Ireland. them would be a seasonable improvement. Bill presented, and read 1°. He regretted to hear that the appointment
House adjourned at Eight o'clock. of all the committees requisite to carry out the provisions of the Bill was to be vested in the grand jury, for they were formed generally of just the kind of people HOUSE OF LORDS, who were most energetic in raking up that party spirit which it was the desire of all Tuesday, February 8, 1859. right-minded persons to extinguish in Ire- Minutes.) Sat First in Parliament. — The Lord land, and this was certain to break out in
Maryborough-after the Death of his Father. the choice of the medical and other officers PUBLIC BILL. -12 Transfer of Real Estate. attached to these asylums. Beyond these matters, he quite concurred in the necessity
DILAPIDATIONS IN GLEBE HOUSES. for such a Bill as that proposed by his
Viscount DUNGANNON put a quesMr. H. HERBERT wished to know if tion, of which he bad given notice, in reit were intended to adopt the literal recom- ference to the present state of the law mendation of the Commissioners that a relative to dilapidations in glebe houses. portion of the board of visitors should be It was a subject, he said, of anxious innominated by the grand juries?
terest to a large body of the parochial LORD NAAS replied in the negative. clergy throughout the country. The existHe must be allowed to express his surprise ing law as regarded dilapidations was not at the objection which had been raised by only most unjust in every sense, but in the hon. Member for Clonmel (Mr. Bag. many instances exceedingly oppressive. well). If there was one thing more de- An incumbent frequently succeeded to an sirable than another, it was that the con- insolvent predecessor, or to a living which trol of institutions supported by local rates had been several years in sequestration, should be vested in the representatives of and might be called upon to make extenthose who had to pay for them ; and he sive reparations ; but in such a case he must say he was greatly astonished to had no adequate remedy; and sometimes, hear any gentleman declare in this House particularly in the diocese of London, a a preference for appointments such as clergyman frequently removed from one these being made by the Executive Go. benetice to another, and might be called vernment rather than by local bodies. upon to make repairs, for which he received The experience of Ireland showed that no compensation whatever-which he need wherever local authority was extended and not say was a manifest injustice. He hoped himself to be able to introduce a ships could judge from that provision how measure to meet the case, but he would necessary it was that the measure should much prefer that the matter should be be carefully considered before it was finally taken up by the natural guardian of the sanctioned. He wished to ask whether the Established Church in that House. He Royal Assent had been given to the Jatherefore wished to ask the right rev. Pre- maica Immigration Act. late who presided over the diocese of THE EARL OF CARNARVON said, that London, whether any measure, sanctioned perhaps the best mode in which he could by the right reverend Bench, was likely to answer the question of his noble and be introduced during the present Session, learned Friend would be to state very to alter and amend the Law relative to Di- briefly the circumstances under which the lapidations in Glebe Houses.
subject had come under the consideration THE BISHOP OF LONDON said, he was of the Colonial Office. Last year the Jainstructed by the right rev. Primate to maica Legislature passed an Act for the give an auswer to the question of the noble encouragement of immigration into that Viscount. The subject referred to was colony. That Act was sent home for the one of much difficulty, and had been under Royal sanction; but his noble Friend (Lord the consideration of those Bishops who were Stanley), who at that time filled the office in town during the last week, the result of of Colonial Secretary, considered that some which had been that instruetions were given of the provisions of the measure were of to prepare a measure which, though he could so questionable a nature that he had no not make a promise, would, it was hoped, alternative but to disallow it ; and it was be introduced and be found satisfactory. accordingly sent back to Jamaica dis
allowed. But his noble Friend, at the JAMAICA IMMIGRATION ACT-QUESTION. same time, expressed to the Legislature at
LORD BROUGHAM, in rising to put a Jamaica his regret at finding himself comquestion of which he had given notice said, pelled to pursue that course, and his readi. he understood that not less than seventy ness to advise Her Majesty to sanction any of the principal towns had sent memorials measure calculated to promote a system of to the Colonial Office urging that the Royal immigration into the colony wbich should Assent might not be given to the Immigra be free from the objections which had intion Act passed by the house of Assen bly duced him to disallow that particular Act. of Jamaica for the encouragement of immi. At the same time the noble Lord drew the gration. He hoped to hear from the noble attention of the colonial Legislature to Earl that that Assent had not been given. a model bill that had been sent out to He should not enter upon the subject in any Jamaica during the time that the Duke of detail at present, but, if the Royal Assent Newcastle held the seals of the Colonial had unhappily already been given, the mat- Office, and had been adopted by other ter must at some time come under the con- colonies as a guide for their legislation on sideration of Parliament. He would remind this subject. The Jamaica Legislature the House of what he had stated on a for- considered the question, and framed a mer evening respecting the haste—he might measure which, although there were cersay the hurry, with which the Bill had been tain blemishes in the Bill which required passed through the local legislature : no to be carefully weighed, still he (the Earl time had been allowed for the presentation of Carnarvon) was bound to say was, on of petitions against it-indeed but a short the whole, in conformity with the repretime previous it had been ordered that a sentations of his noble Friend, who was at fee of 10s. should be paid upon the pre- that time at the head of the Colonial sentation of each petition to the legisla. Office; and, he would add, that his right ture. One of the provisions in the Act hon. Friend who had succeeded to that was of a most extraordinary character, department (Sir E. B. Lytton) had, after conferring power—not upon the magis a full and careful consideration of the varitrates not upon the chief officers—ous objections which had been made against but upon immigration agents and sub- the Bill, determined to submit it to Her agents -- and upon the deputies -- men Majesty in Council, for confirmation, upon with salaries of £100 a year to in the first convenient opportunity. He did flict imprisonment with hard labour upon not wish to go into the general question of any negro who happened to violate any of Immigration at present, as his noble and the clauses of his contract. Their lord. I learned Friend himself had not done so ; but he felt it right to say a word or two the despatches of numerous Secretaries of upon the objections that had been urged State; and, still more, in general acagainst the Bill. He was well aware that cordance with the model Bill sent out for many memorials had been presented against their guidance by the Government. Other the Bill from various parts of the coun-objections had been urged, to which he try, and they had been considered, as believed he could give an equally satisthey deserved to be, with great deference factory answer; but as they had not been and respect ; but bis right hon. Friend urged by bis noble and learned Friend, he had come
to the conclusion that the would not further allude to them. He greater part of these objections were urged would only say further, that thongh it was on a complete misconception of the case. the intention of his right hon. Friend to The system of immigration into the West recommend Her Majesty to sanction the India islands was not new-it had been Act, there were one or two provisions established for nearly fourteen years ; it which the colonial Legislature would be rewas adopted by various colonies, and had commended to amend. been sanctioned by a number of successive LORD BROUGHAM observed, that so Administrations; and he was bound to say far as the question of the measure having that it had worked, upon the whole, very been passed with undue haste was consuccessfully and satisfactorily. Jamaica cerned, he should simply state that it had was almost the only colony that had not been brought into the House of Assembly hitherto availed itself of the advantages in Jamaica on Wednesday the 17th, and in respect of immigration which had been had been passed through all its stages by offered by the Government of this country, the Wednesday following; there having and now that for the first time it had been during that interval two days—Sapassed an Act which was in strict con- turday and Sunday, upon which no busiformity with the legislation of all the other ness could be transacted. He might add, West India colonies, his right hon. Friend that he had received information from the could not well refuse his sanction to a mea- most respectable quarters, that petitions sure which would give Jamaica the same were at the time in progress of preparation, benefits that were already enjoyed by not against immigration in general, but almost all the other West Indian colonies ; against this particular Bill; but that they its confirmation would, in fact, amount to were prevented from presenting them by nothing more than the sanction of a set the extreme haste with which the measure of regulations which had been adopted passed through the House of Assembly. over and over again. He was sure, there- With respect to what his noble Friend said fore, that his noble and learned Friend about the system of immigration adopted would, under these circumstances, admit in other colonies, he pledged himself on that it would be unjust and unfair towards the fitting opportunity to demonstrate to Jamaica to withhold from that colony a pri- their Lordships that the measures thus vilege which had been repeatedly conceded taken were hostile to the independence in those other instances with the best and and security of the working classes in the happiest results. The observations which Colonies, and that they tended directly to his noble and learned Friend made were the encouragement of the slave trade, not entitled to the highest respect and atten. only on the coast of Africa, though that tion, but he thought his noble and learned was bad enough, but even in the eastern Friend was misled by the misrepresenta- possessions of the Crown. He observed tions of others. Take, for instance, the ob- by the powers of the Act that children under jection of his noble and learned Friend had the age of twelve years were indentured urged, that this measure was passed with to the planters. He should like to know precipitation. Now, the facts which he had who were the parties that signed these in. already stated showed that this was not so; dentures on the part of the children. He that the measure had, in point of fact, re- had lately seen an example of the trustceived considerable attention from the co-worthiness of the agents of immigration lonial Legislature in two consecutive Ses- and of the honesty of their undertakings sions, and that it was passed at last not in the East. He had had an opportunity in a hurried manner, but in conformity of seeing the indentures of some immi. with the recommendations of the Secre- grants who were nominally engaged to tary of State for the time being, and in go to Demerara, and so the instrument conformity with the principles laid down in was headed ; but on looking into the body of the indenture it turned out that they prise that he had heard from the noble Earl were to be taken to Bahia, in the Brazils; the Under Secretary for the Colonies the and others, who were nominally engaged to statement that, notwithstanding there were go to St. Vincent, were in reality taken to some objectionable clauses in the Act more Cuba.
immediately under discussion, it was the Earl GREY said, he should express no intention of Her Majesty's Government to opinion upon the merits of the particular submit that Act to Her Majesty in Council measure to which his noble and learned with a view to its being confirmed. He Friend referred, inasmuch as he had not was not aware of the nature of those obseen it ; but he could not, at the same jectionable clauses, but if there were any. time, refrain from remarking on what had thing seriously objectionable in them, the fallen from the noble and learned Lord course proposed to be adopted seemed to with respect to the system of immigration. him to be most injudicious and imprudent. The noble and learned Lord appeared to So long as the Act was not submitted to him to bave indulged in a somewhat too Her Majesty for confirmation, the Governuusparing condemnation of the system of ment might make such suggestions to the immigration into the colonies generally. Legislature for its amendment as they For his own part be felt assured that such thought proper, and if those suggestions a system would be found to be, under pro- were rejected they might advise the Queen per regulations — and great pains had, he to disallow the law. When, however, that was bound to admit, been taken with the law was once confirmed by Her Majesty in question under successive Governments - Council the power of the Ministers was at productive of considerable advantage to our an end. They could no longer enforce West Indian colonies. It would provide any alteration, however important, however the means of raising a formidable competi- indispensable it might be for the safe worktion with slave-grown sugar ; it had done ing of the measure, except by the difficult much to contribute to the prosperity of the and objectionable course of an Act of the colonies themselves, especially to that of Imperial Parliament overruling the Act of the Mauritius and Trinidad, while it led, he the colonial Legislature. Upon that ground believed, to the happiest results in the case it had been hitherto the practice of the of the immigrants themselves, inasmuch as Home Government-certainly it had been it was a well-known fact that upon re- the invariable practice when he was at the turning to their native country at the ex. Colonial Office-to submit none of these piration of five years many of them were Bills to Her Majesty for confirmation until in a position to take back with them large they had been so amended as to be unobsums of money, and were so well satisfied jectionable in the opinion of the advisers with the treatment which they had received of the Crown. He was sorry to find that, as to consent to revisit the scenes of their according to the statement of the noble labours, frequently accompanied by their Earl, that policy was to be departed from friends, whom they induced to follow their in the present instance, and he could not example. Only a few days since he had help thinking that it would be much better read an account of a ship which sailed from to incur any amount of delay in submitting Guiana, carrying back a large number of the Act for amendment to the colonial coolies to India, who had with them a large Legislation than that by advising Her Masum of money. But while he could not jesty to confirm it the Government should concur with his noble and learned Friend deprive itself of the power of getting the in pronouncing a sweeping condemnation of matter rightly settled. the system of immigration, he was, at the LORD BROUGHAM in explanation said, same time, prepared to admit that the pro- his objections were not to all immigration, ceedings of the colonial Legislature upon as he bad shown last Session, when with the subject required to be watched with his right reverend Friend (the Bishop of the closest care. For although slavery had Oxford) he had admitted the good effects long been abolished in the colonies, still of free immigration to the Mauritius ; more or less of the old spirit of the slave- but he objected to the manner of dealholding class remained behind; and it was, ing with the subject in the Jamaica Bill, therefore, desirable to scrutinize with the and other Colonial means of a like descriputmost closeness measures wbich, under tion. the designation of Bills for promoting im- The Earl of AIRLIE hoped the House migration, might give rise to a system of would bear with him while he made a few slavery. It was, therefore, with some sur- remarks on this subject, in which, having