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HOUSE OF LORDS, THURSDAY March…

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HOUSE OF LORDS, THURSDAY March 5. The Earl of Clarendon explained the reasons why Ad- miral Seymour had thought it necessary to withdraw from the Dutch Folly Fort, near Hong-kong. The noble lord at the same time stated, that reinforcement of ships and troops had been forwarded to the Chinese waters. Earl Granville stated the circumstance which had in- duced the Government to resolve on a dissolution of Par- liament, as soon as the necessary acts of the Legislature had been passed in almost the same words as were used by Lord Palmerston in the other House. Lord Grey made some observations in reply, urging that Sir John Bowring should be recalled. Some other business was then despatched, and their Lordships adjourned. FRIDAY, MARCH G. The Earl of Shaftesbury laid on the table certain ques- tions relating to the monopoly of the opium trade in India by the East India Company, and gave notice that he should move on Monday next that the said question be referred to the Judges of the land. Some other business was also despatched, and their Lordships adjourned. MONDAY, MARCH 9. The Earl of Shaftesbury, in moving a question to be referred to the consideration of the Judges, as to whether the revenue at present derived by the East India Com- pany from the opium trade with China was in legal accord- ance with an Act passed in the 3d and 4th years of the reign nf His late Majesty William IV., said his first ob- ject was to ascertain whether or not the trade was one recognised by our laws, and then to proceed, with the assistance of their Lordships, to devise some means for its total abolition. He believed it was illegal, not only as inconsistent with the spirit of our laws, but in direct con- travention to many of them. He had been taunted _.t? having brought the subject before the notice of their Lordships in order to embarrass the Government and tak« advantage of the present state of feeling among parties with regard to the affairs of China. But he denied that imputation on the honour of a gentleman. His simple object was to obtain an answer to his question. If the Judges declared the trade illegal, then it was for the Go -i vernment to put an end to it at once and for ever. If, on the contrary, they declared it legal he would then start from a new point, and appeal to the moral feelings of the people of this country to put an end to a traffic which had nothing to support it either in a commercial or a financial point of view. He then proceeded to recapitulate the provisions of the various Acts which had been passed from time to time regulating the Indian trade, but none of which, he contended, recognized the trade in opium, though, as their Lordships were aware, some of the latter entirely prohibited the East India Company from engaging in commercial transactions of any kind whatever. He begged, therefore, to press his motion upon the attention of their Lordships, and to entreat in its behalf the grave consideration which was demanded by the importance of the subject. The Lord Chancellor submitted that Lord Shaftesbury's question was one which from its peculiar nature could not fairly be referred to the consideration of the Judges, who would in that case be called upon to try the whole Govern- ment of India unheard, and, if the trade was thought to be illegal, to condemn them and leave them open at a day's notice to the penalties of indictments for having systemati- cally violated the laws of the realm. It was impossible to ask the Government to take such a course, and that, too, upon entirely ex parte statements. The question as to the legality of the trade, however, might be submitted privately for the opinion of the law officers of the Crown. The Earl of Shaftesbury had no wish to expose any parties to the penalties of indictments, and he was billing to withdraw his motion, on the understanding that his question as to the legality of the traffic was so submitted to the Judges. Earl Grey thought that Lord Shaftesbury had ex- ercised a wise discretion in withdrawing his motion, though he attached no value to the opinion of the law officers of the Crown based upon the legal technicalities of an Act of Parliament, as he believed the question of the legality of the traffic should be tried by far higher considerations. lie believed no legal enactment would check the abuse of opium, as when once it went into the market it was impossible afterwards to regulate the proportions in which it should be used by private indi- viduals. He had hoped that this motion would have included a question as to whether Government had ever directly or indirectly connived at the practice of smuggling opium into China, for that was the main point at issue. He then reviewed at length the present state of our relations with China, condemning in the strongest terms the conduct of the English Government, and referring to the objects with which it was intended to send out an envoy to Canton. The Earl of Albemarle begged to recall the attention of their lordships to the question before them. Much misapprehension existed in this country as to the smug- gling ">f opium. Legally in China the trade in opium was prohibited, but practically it was free. To a certain extent the Chinese were dram-drinkers, though when- ever they could get opium they preferred it. But if they had not the latter they would resort to the former, and there could be no doubt but that opium eating was a much milder form of vice than dram-drinking, and he believed that when not carried to excess it was less deleterious in its effects upon the human frame. He quoted various medical and scientific authorities to show that the effects of opium when eaten or smoked in moderation was not so hurtful as it was generally reported to be. The destructive effects of ardent spirits they all knew, and knew that the records of their abuse filled half the criminal statistics of the United Kingdom. If the motion was pressed to a division he should vote against it. Earl Granville, in replying to the remarks made by Earl Grey, denied most distinctly that there was any ground for supposing that the smuggling of opium into China was encouraged or connived at by the colonial authorities. It was the intention of the Government to despatch an envoy to Canton in order to place our relations with the Chinese empire on a satisfactory basis, having, at the same time, due regard to the real interests of this kingdom. After a few remarks from the Earls of Shaftesbury and Malmesbury, The Earl of Ellenborough said he feared the moral question of the traffic would be quite lost sight of in solving the legal doubt. He, however, would be glad to learn from the Lord Chancellor what conclusion had been come to with regard to the way in which the motion should be finally disposed of. The Lord Chancellor explained that the noble earl's question would be submitted, though not by a vote of their Lordships' House, to the opinion of the judges and law officers of the Crown. This reply led to a brief conversation as to whether their Lordships' House would be in any way com- mitted or bound by the legal opinions, in which the Earl of Derby and the Duke of Argyll took part. It was terminated by Earl Granville, who explained that the motion was with- drawn on the understanding that the question should be submitted to the opinion of Her Majesty's law officers. Their Lordships, however, were not bound by that deci- sion, whatever it might be. The motion was then withdrawn, and their Lordship* adiourned. W TUESDAY, MARCH 10. Lord Stanhope moved certain resolutions regulating the manner of proceeding during divisions. After a short discussion the resolutions were agreed to. Some other business was then despatched, after which their Lordships adjourned.

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