THE SECOND JAMAICA BILL, ETC.
On the 30th of May Mr. Labouchere brought forward a second measure relative to the affairs of Jamaica. In the newly-proposed bill ministers had resolved to call together once more the colonial assembly, in order to allow them what had been termed a locus penitentio. This assembly represented the necessity of ameliorating the existing laws regarding vagrancy, the relation between master and servant, the state of the militia, and the electoral qualification. At the same time no fewer than seventeen annual acts of importance had been suffered by the assembly to expire, although in many cases the peace of the colony depended upon them. The first clause of the bill related to those matters which did not fall under the head of expired enactments, as vagrancy, contracts, and squatting. With reference to these questions, orders had already been transmitted to the crown colonies, and were now in successful operation. By the bill, therefore, the assembly of Jamaica would be referred to them, with injunctions to legislate in conformity with the spirit of those provisions; and should they fail to do so, it would be competent for the governor, with the aid of the council, after a certain interval, to make tire requisite laws, mutatis mutandis, upon the models which had before been indicated. The object of the second clause was to leave a certain time to the assembly for re-enacting the seventeen annual laws, and to invest the governor in council with authority to renew them, in the event of their failing to do so. A brief conversation took place, in which Sir Robert Peel declined offering any opinion on the merits of the bill in its present stage, and the house went into committee upon it. On the 10th of June Sir Edward Sugden proposed on this occasion to omit the first clause of the bill, after which he proceeded to dissect its provisions with considerable acuteness. Mr. Labouchere defended the measure, and Messrs. Gladstone and Goulburn objected to it. The latter said that tire present bill differed but little from the former, and, in his opinion, only differed for the worse, as it offered a premium to the council for disapproving of the acts of the assembly, in order that it might itself acquire the power of legislating in its place. On a division the clause was carried by a majority of two hundred and twenty-eight against one hundred and ninety-four: a result which was chiefly owing to the circumstance that the Conservatives were not prepared for so early a division, but which was nevertheless received with great cheering from the ministerial benches. The order of the day was moved for the third reading on the 19th of June, when Mr. Labouchere stated that the time left to the assembly for deliberation could be extended from the 1st to the 15th of October. The bill was then read without opposition; but Mr. Goulburn immediately rose to move the omission of the first clause, in which he was seconded by Mr. Hume. Lord John Russell urged that the rejection of that clause would prevent any useful legislation on the subjects embraced by its provisions, and that the constitutional difficulty rather rested on the second section. Sir Robert Peel contended that the government was about to give just grounds of complaint to the assembly. In reply, Mr. Labouchere admitted that the method in contemplation was not an agreeable mode of proceeding; but at the same time he argued that it was the best which, under the circumstances, could be adopted. On a division the clause was carried by a majority of two hundred and sixty-seven against two hundred and fifty-seven.
The second reading of the bill was moved in the house of lords on the 1st of July by the Marquis of Normanby, who made some stringent remarks on the conduct and constitution of the Jamaica assembly. On the following day, after the order of the day had been read for going into committee, Lord Lyndhurst moved the expunction of the first clause of the bill. The opposition charged the government with a desire to subvert the constitution of Jamaica, and to tyrannize over the colonists. Lord Brougham made the question an occasion to vent his personal spleen against the cabinet. The opinions expressed by his lordship were so utterly at variance with those which he had so often uttered when eloquently advocating the cause of the negro, as to betray his personal motives in his opposition to the bill, and to lessen public confidence in his justice and consistency. Lord Melbourne vehemently disclaimed, on the part of himself and colleagues, the least desire to abolish the Jamaican constitution, or to interfere with the rights of the people either in this country or in any of the colonies. What they had done had been done with deep regret and reluctance; and it was with the utmost unwillingness that they made both the previous and present propositions. On a division, the first clause was expunged by a majority of one hundred and forty-nine against eighty. Lord Brougham then moved an amendment to the second clause, limiting the power of the governor with regard to the renewal of money-bills; but was prevailed upon to postpone the discussion till Thursday, on which day, the other clauses having passed, it was agreed that the report should be brought up. When the order of the day for bringing up the report was read, his lordship moved as a proviso, “that nothing herein contained shall enable the said governor, with the assent of the said council, to continue or renew any acts for the raising or appropriating money.” This amendment was strongly opposed by Lord Melbourne and other members of the cabinet, and it was negatived without a division. The report was then received, and on the 5th of July the bill was read a third time and passed. On the 9th of the same month Lord John Russell recommended the house to acquiesce in the amendments of the lords, which was agreed to; and thus the bill finally assumed the very shape which Sir Robert Peel at first suggested should be adopted.