The Sun. — London, England, 1844-05-31 00:00:00

... it is 'Me d 5 the y re the Ip PealB w ou l d be discountenanced and if they ever took P i k yee th • i would very s oon cease , w h ereas , n those iz .. s e , which were of very frequent occurence, in which . , r 6 from the fallibility of human judgment, fell into Orre.oPou points of law, and in which juries, upon false f''nsapprehended evidence, fell into error on points of nbe rs ties Bill would provide wremedy. Another conse ilee would be, that they would no longer have that r.,°11,e made a tribunal of appeal in criminal cases. No oll'ititieman who had long been a Member of that Honse, eh ic have failed to recollect a number of discussions Shad taken place upon complaints made against ai ri , i , or upon objections. made in matters of law on trials. The appeals which were made to that In : s e in the case of Frost, after he had been convicted, who n .13,e fresh in the recollection - of the House. P .. erson e s . Judges'nought themselves aggrieved by the ruling t or the verdict of juries, in criminal cases, appealed ito to ltiat house ; and if they could obtain no redress ! k r Rouse, they appealed to the public newspapers, te airy . e ,;,e Canvassed the decision of the judge or h of ahis was because the law gave them no power ap p k ve ry might state the whole of his measure in tried few Words. Its effect would be to place persons tiew'.4'd Convicted in criminal cases in exactly the same to Loa with regard to the power of appeal to the tins e e va g law and the judges of the land as that which .. lad now stated by persons concerned in civil cases. He 1 1 , } ! .. 1 w stated the measure which he had to propose ; he f 7 .4 endeavoured to meet the objections which might ale eh ge r d against it ; he had pointed out the advantages~lie conceived wou ld f o ll ow f rom i ts a d opt i on . He gfelivees that it w ou ld b e pro d uct i ve o f no ev il conse-ed whatsoeve r . I t b ro k e i n u p on no l ega l on:?tistitutional principle ; it invaded the rights t of no r ) , ltti v i li t eraber o f t h e community ; it involved not the est ie,ed that °r e h one shilling of public money ; and he e , ari , l would tend to the advancement of the i pure, o righteou s a d m i n i strat i on o f t h e l aw n . this er ail; to ' ale would now move for leave to bring _in a kr provide fer appeal in criminal cases. f ac ' GODSON seconded the motion. This power was, is, a ti already possessed by those who eould.pay for it ►et te s r i l . of an sdemeanour. A criminal matter was cor.i -pr0,,,, into a. civil one by writ of certiorari. Surely, in ili t c rt ion to the weight of the punishment, shouldbe l 'sto e caN ill providing against injustice. He would, on i f itt future occasion, be able to adduce other arguments t taw t e ° s u k r ,ef the measure ; but he thought this was un lessea 7" e, namely, that the power was already pos sir J.,n criminal cases of another description. Nie s GRAHAM said that if a gentleman of lesser 'atm-llce than the Hon. and Learned. Member who had he r l llC ed this motion had made the proposition which te4d brought under their notice, and if that proposi the 4 be en made in a speech infinitely less able than w t ' ll e which they had bad the pleasure of listening to, ',..es' st °ll 4 l4 not have thought it consistent with his . duty to 16 i1 1 1 n " "n Preliminary motion for the introduction of a , (4 40„ 111 t his subject. The Honourable and Learned . , is with his lon c e• experience, had said that, ill me k, the cause of justice and truth, and even of life iairequired appeal in criminal cases. Now . he _had_ ''ae w ith great attention to the speech which had lah a il lade by the on. and Learned Gentleman, an 4 °libt; b , e ou struck H with one reflection, that raised a tarp n nis mind with . respect to the policy of this ni , ea th rhe Hon. and Learned Gentleman observed, w 4,to,44"tistrti,ths that the administration of justice in this e ,"„Y t.t °ad raised its character among the nations of :Qat ; and he remarked also, at the same time, t Ne r .;':e utmost attention had been bestowed in efforts ti l'ec rl l it r e the administration of justice generally, and Goa l i e Yof Criminal justice. The Hon. and Learne "„for 1 ., 1344 had remarked, with truth, that this anomaly admitted it to' be an anomaly—of the absence N , Ca t , ' ilk criminal cases had existed for ceeturies, 'er b ;" , up to the present time, no law reformer had ,eti,,ll )s sed that there should ' be the power of appeal ;44 - t 'Pa t t eases. Now he did not say that that fact ' t 'Pes -l i s ` v e against the Hon. and Learned G . entlemr . in's 4 ' , but it should certainly inspire him with cautmn, ‘ e ll ieh e l i ve 'n him from arriving at once at the conclusion '"e a e had s e • • 1 ronounced. Now, he thought de n positive y . p . 4 ned et the proposition made by the Hon. and mat knntleman mainly rested on an analogy . wh . ich_ ~t i atlf'e , ; t l was established between civil hnd criminal ,;" " ° , ll with reference to appeals. He must say that rtfff,l4llearned mind that analogy did not appear ' t * L ese - '„ ; lie thought he could see a great difference be 411t Cl' and criminal cases. Not waving for one in ii4seetie question of justice, but coincident with the efjustice. he thought the prominent considera- N - ' b-",i'Lm,'hat Course in this matter was most conducive W r ttiv`„," ; ulic good. In civil cases it was a matter of corn ,"`derebi 4ndifierenee to the public whether or not con erptlay should intervene before the settlement of ta ,7%. 'tat could not be said, however, Of criminal . - Ptah -`e Conceived that it was then of the last im 'lllifkiee to the public that punishment should follow o% 1 ! 44 1 I 'M crime. The object of punishment was Public example was the real and 1-6ittaiate object of punishment, and punish. if ,it u , a' related to the public, lost its . efficacy Zittl e e t ion gdelayed after the perpetration of the e l 4 s i„ . ",°m , the Hon. and Learned Gentleman said he 1 ,,' 48 .1 4t ;:ted that frequent errors were committed in cri er,-ea• Tribunals were fallible, and he feared that jigeh e l l ' e e h r s had been committed ; .but the conclusion to 1 5 a. and ad come was the opposite of that at which the . 4 ,40 rt " 1", Learned Gentleman stated he had arrived. ,„" t ty, ll ' ) , 4 Justice in criminal cases did occasionally mis ,s he tbelieved that crime rarely escaped, and inno -041 a - „ re LY suffered. It must not be forgotten that the Oa f -L ight to be established' by the lion. and Learned ill :411 wa s in the nature of a double appeal. He ceuld htumtderstand the arguments in favour of appeal forY of law b e the decision was pronounced f ° J Bl Fa` l e i t e ti ;judge , ; °° b a u n t s the verdict of a ron a met al, 'at of as easily and naturally distinguishable . from' ik,, 4l 4tt e a Single judge upon a matter of law. Upon LiArtio r Of fact there was the concurrence . of twelve kpl ri tig a T . ,en, sworn to do justice, and aided by the oft7 t kred experience of the judge. , Many arguments g t , t l ie f e e him applicable to an appeal from the dictum Nh,u_erAii J u dge on a point of late, which would alto ti,;(llf, w hen applied to the jury.' Now, some of the Hon. snd Learned Gentleman 14 41; e sl i a l o l P hrin d b a y lto t g h e e ther iconsistent with the argu ielaf IL he had used. If he understood the Ho lt" 'tie t and Learned Gentleman rightly, he was ° depend still on the discretion of the judge. ag so th. n r rY that •so important a subject was discussed :h, 8 •3 Youse, and he took shame to himself that ~ f „) pew prepared to go into a discussion of the Ole x„-,,estion But there was a very important part t r io bai"4:l_eet to . which the Hon. and Learned Gentle se„4llol. `it adverted—the constitution of the appellate to efe l ie thought that where truth. a e n r d ed j:ustice • exFnse was not to be h hi' l) 4.4 Pei late tribunal to be formed onsid ? T pree ° n w t th ' i N, eh .nalges w as not sufficient, and it was not, in (It• Ilkbtnt's Graham's) opinion, expedient to incr F e x ase . t i !Ye cr beyond fifteen. He thought that the 11 44 4 R i ts v r nWelat had gone as far as it could go in tau t o assent to the bringing in of the Bill. The on. hPtier,aeril"d Member had referred to the case of a % a (nlitnitted in Surrey nine years ago, respecting , tit k li t t Y spierpBe°, ia„lndia had declared himself to be the tos soleC". It was, however, to be borne in mind `4lt e e rs abroad had sometimes strong inducements ttp trieriej_graordinary steps to be brought home, acid of orrot t aes whi ch f requently- charged themselves as guilty they had never committed for the sak e 1>ef1 11 , 1 ,% 4 4 i i, 'tome. He would not oppose the motion for the Bill, but he must say that it reqnire , d nre \-;3deration than he had yet been able to give it, 111)( 4t e c'uld pledge her Majesty's Government to 4f,„ it. lob vq• ri ng - i 11 t "' words from Mr. KELLY, leave was given I t t he Bill. k ou t . i 1 STATE OF GAOLS. tri(4lf '''‘ I NNON postponed till Tuesday next his 4 01 t , ur a Select Committee to inquire into the state p 1 4 1 the i t ' C) , It 'LAWS—GILBERT'S ACT. tong, e f4t ? .. tion of Sir JAMES GRAHAM, the . fol- NlOair ; 40011 were appointed a Select Committee 41 / .1, th e '4O the state of those parishps which are eoeiLkiareeh(Veration of what is called Gilbert's I ft Sir;-; Captain Pechell, Mr. Thomas S. Dun tilL4eeit Heron, Mr. Colaile, Sir Wm. Heathcote, rif be nison, Mr. Wrightson, Viscount Bar -111,; 'sh alb 41 Manners Sutton, Mr. Strutt, Viscount ` L 'oe, ' r. Labouchere, Mr. Wakley, and Mr. pro- Ptai o e 't's •L'ORELL observed that the people ender tide%ti t Act • We s were comparatively happy, and he hoped l oor ‘;eil n .acit the object, and would not be the result, of Sia e itt ee to bring them all under the control of the JA\itit!ilalissioners. t a,c•e t hid t , () 8 4 GRAHAM said it was impossible for '4itte weet a l v , oat the course to be taken by the Govern ue until they received the report of the Corn- WAip, 1 11C r ttw, f `J'aR JAMES gave notice that he would ' e t outs °' the presout session, his motion on the poor-the ws kttiltpe. r,cla:..ileienalstly.edkaßGED PRISONERS. te tt ab ort or obtained leave to bring in a Bill for the . i s r ael tn um p s r f ts o e r h t . he reception of desti tq) th the SUPPLY CANADA. of e D ort dir, h 6, of the order of the day for bringing hi a ir ,„.41.1,43/„.'";.,,t,0e Committee of Supply, nolls r , Said that he had to call the attention laf,4lllt that ' 0 every important subject, and it was not h t 'eht, H i , th ere wa2 so small a number of Members h rtri eoe st e Wished to warn the Noble Lord opposite of t6, 1'44 11 11 d e ? ce s of the policy which the Government -r iett n e- .4 reference P to the most important of our 1 0 , v - sun posse, In order to overcome what had I.l lld Was Pass to be the French interest in Canada, a th tle i r t I s ed for the union of the two provinces. (1 4.4 tl.l law the French Canadians had been used tldost• • that alike discre as u "e the e-ar—a rigour was u " v erunaeut and those who represented it. Th,-strieriel'a(ih which the Noble Lord opposite had split !iltd; °4I Y th a n , democracy, which was now most potent. le t Z t ls new was to deal with the French Ca efffet be rld ‘• lie would show that the Government was evi l , of wh at of those who were not aware of the tl 4 , ed th e i r " was about to be done • they had suiscon -4,l;',wd to 11° , 3 c it imi, and di the done; the determined Drei;"43 th e 1,-,,'°"11- After House had de r , e t int o fi° Provinces it was necessary to carry that att e , ta „N thee,,,"bet- In order that the House might un tou,:'"ll, h ~"-leet he Was about to bring under its eo tot - ` t r Y at that°att. he a little into the history of the eoe t ,!'Y evr : time, Lord Durham went out to that wsqence of th e vv• it 14 jag • "at h a d report of a Committee h st t went ueen demanded b bth colonies „ 141 red 4 ) so act s h Y e 3 ' e ar . • Then came Lordsydenham, the that .x ob e ja'd not agree. The course pur 'ttad wit.3 ll oioa o r the t o Lord showed that the whole Nvo Canadas was based on fraud, t ( 1 1 1 t he C.: e4l ettlated th tir ,i t a ttadi ans and had led to great injustice ot ; hights,imis te e e n P o rtirthe French Canadians._ In 0,4 r ,-uth;.- P lngplato were, by orders fronl m°11 ) th e . ' render aceu at such distances from each e ottro :t impossible for many to poll ;in • be . ° ll - Pursued justified the hostility of the French population to the union. But not content with fraud, Lord Sydenham imported into the elections violence and corruption. That violence, corruption, and fraud, could be clearly shown by the agents of the Noble Lord, and especially one man; whom he had brought over from Ireland. Lord Sydenham was now no longer Governor of Canada, he was dead—ho died at the very moment that-would save his reputation, because the proceedings of which he had been guilty would have been made clear and brought to light.—(Hear.) Sir Charles Begot' was then appointed Governor, and then came a change in the Ad ministration of the affairs of the country which he would call to the attention of the House. Sir Charles Bagot, adopting a resolution of the House of Assembly, declared he would govern Canada upon the provisions of that resolution, and that the people should have a respon sible government. , Sir Charles Bagot acting upon the resolution, selected from the House of Assembly persons having their confidence for his Executive Council, deter minins•at the same time that his course as regarded the in ternale' policy of the country should be regulated by he advice of the Executive Council. Those individuals had shown themselves ty unflinching friends of Canada. It was astonishing to see how the people of Canada re joiced at the establishment of the new government ; they had- been hitherto hunted 'by the soldiery, their property destroyed, and their wives and children either murdered, or turned out to suffer the inclemency of a Canadian winter. Yet the very persons who had seen all this misery, when sickness fell upon the Governor, and he was in pain and danger of death, put up a sincere and ardent prayer to God for his recovery. These were the much calumniated French Canadians. At length Sir Charles Begot died, and was succeeded by Sir Charles Metcalfe. The educa tion of Sir Charles Metcalfe was unfortunately far from fitting him for a system of representative government However learned he might be, however well accustomed he might be to the management of men, he was not well calculated to preside over a representative system of go vernment. He did not take the view of affairs that Sir Charles Begot had clone. By a representative govern ment, Sir Charles Bagot meant what he had already de scribed. Sir Charles Metcalfe said he meant something else. But from that hour to the present he had never explained what it was he did mean. He said be intended to govern in a responsible manner, but he. had never taken the trouble to explain in what that responsibility consisted. But before he went into this, he would call the attention of the House to an extract from the pub lished life of Lord Sydenham, for it was right that the Noble Lord should know what power the subordinates of his own office possessed. Mr.- Murdoch, stating the events that' took place after the death of Lord Sydenham, and, in commenting on them, remarks :—" No one , at all aware of what has passed, and is still passing there, can doubt that by , this appointment the Home Government has incurred a fearful responsibility, and their embar-, rassments have now accumulated.to such a degree as to threaten a recurrence of the events of 1839." Now he wanted to know if that was the Noble Lord's opinion— whether he thought that Sir Charles Bagot took a wrong view of responsible government. He was anxious that he should declare in face of the House of Commons, what he understood by this somewhat mystical phrase. ology. He also begged to call the attention of the House and of the Noble Lord, to what was the state of the Bri tish colonist when he went to Canada, if he had 'not that which he (Mr. Roebuck) required for him—responsible government. They must 'recollect, that every English man, leaving England' and going to Canada, had all the objects of ambition here entirely cut off from him—all he could expect in that country was the sort of advancement which the local government could afford; and he wished the Noble Lord to bear in mind what country the colonist would compare Canada with. A ri ver only divided him from America, where the government, the army, and the navy, were all open to him. He would say, " Were lan American citizen there is nothing at which I could not aim—no object of ambition I might not hope for ; but here I am crippled in a colonial settlement, subjected to an irre sponsible Governor, who has the supreme control. I have no representatives who I can hope will sympathise with me. I am, in reality, the mere offspring of colonial sufferance— the mere wretched dependent of colonial dominion.v That was the sort of comparison he would make ; and if they confined him to that interpretation of responsible government, he asked them, taking warning by what had passed, and looking with the eye of states men to the future, what would be the effect of such com parisons made by the -English colonists with their inde pendent neighbours on the other side of the St. Lawrence? If men had gained the confidence of their fellow-citizens they ought to enjoy the privileges that confidence gained for them; and he asked which system was to be followed, —that of ruling by means of the Governor, or a complete system of administration, leading on the people step by step, and accustoming them day by day to that system of self-government which would make them friendly to the connection, or lead eventually to to a cordial sepa ration from the mother country, instead of a hostile one? Sir 'Charles Metcalfe came into power, and pursued a course of policy at variance with the opinion of the peo ple and the Legislature. In appointments affecting the polity of the colony he never consulted them, and this was especially seen in the appointment of the Speaker to the Upper House of Legislature. That appointment was offered to one of their bitterest opponents. He should like to see how the Right Honourable Baronet at the head of her Majesty's Government would look if he was told that Lord Cottenham had been appointed Speaker of the House of Lords. The cases were quite parallel,, and it was perfectly fair to make the comparison. When remonstrated with, the answer of Sir C. Metcalfe was that he still intended to pursue that policy, and he said he would not surrender the prerogatives of the Crown. That was the very question in dispute. The ministers of the colony immediately said if such were the views of the Governor, they could not any longer act as his ministers, and therefore begged to resign their offices. Sir Charles Metcalfe accepted their resignations, and from that to the present the country had been without an administration. There was a Governor, but there was nothing else ; there was nominally a President of the Council—an individual for whom he had the highest respect, a gentleman who had suffered most bitterly under the Government, who had been imprisoned with out cause, and released without inquiry, but who, in his old age, wishing to conciliate all parties, consented to act as President. But he would not accept the office— he had taken no oath, and therefore was not actually the President •f the Council at all. Another individual, Mr. Daly, was in office before these differences, and he stuck to his office still. But the Receiver-General, the Chief Commissioner of the Crown Lands, the At torney-General and the Solicitor-General of Upper Canada, the Attorney-General of Lower Ca nada, and the Inspector-general of Accounts had all retired. Of the three individuals who still acted in an official capacity not one was responsible. At the present moment the Receiver-General did not exist—the duties of the office were performed by a chief clerk, who gave no securities. What made him bring this state of things under the consideration of the House was, that it afforded an irrefragible proof that the Governor had utterly failed in all his attempts to form an administra tion. The local law of election bad settled this point. At the end of the present year, when the Parliament would necessarily cease to exist, they would have to go to a fresh election, and the majority against them would be larger than it was at present. The Government would then have arrived at that happy consummation which was prophesied at the time they brought in their precious Bill. They had formed one united Parliament, which was now so powerful that they could not hope to oppose it. They could not succeed in sowing disunion - among the people. They could only do one of two things; however painful, must be the alterna tive—they must either yield to the desires of the people, or they must govern them by the bayonet. At the pre sent moment Sir Charles Metcalfe was the sole governor of that country. Now he would ask if that was a state of things which the - Noble Lord Contemplated as a con tinuance? He wanted to know, if that was the Noble Lord's construction of responsible government? Was it one of responsibility to the Home Government alone, or a Government to be chosen out of those who had the confidence 'of the people? There was no medium—it must either' mean government through Sir Charles Met calfe, or a responsible administration ; it could not be described as a sort of hybrid, which meant neither one nor other. All through Canada at the present moment the people were animated by the same spirit. There was no middle course for the Government to take; and, if they attempted to .do so, they would only bring upon the people direful misery. Ever since the resignation of the Canadian' Ministry in November, 1843, Sir Charles Metcalfe had been unable to select a single per son for any responsible situation in that coun try. He was not able to call the Parliament together, because he knew what would be the consequence of doing so. - And the English party would be found Just as Ca nadian in feeling as the French, and just as strongly calling for a responsible Government. Nay, of the two they would find their most formidable opponents among the democrats of Upper Canada. It was the rough de mocrat of Upper Canada who would be found the greatest oppiment of England, while they had lost the friendship which they might have secured from the quiet and sub missive,andfar more polished inhabitants of Lower Canada. But to return to the local management of the colony. A British North American Bank -had been established during the administration of Lord Sydenham by charter, which was made a bank of issue in Canada. The Canadians refused to listen to Lord Sydenham's plan, and they passed a resolution in the House of Assembly, protesting against the charter, and interference in their internal affairs. Then a North American Colonisation Company was established by Act of Parliament, for the purpose of acquiring land in Canada. He (Mr. Roe buck) had been informed that advantage had been pur posely taken - of his absence to pass the Bill, that it might not come to his knowledge. Now they required, and it was rational, that no Bill should be passed by this Parliament without due notice being given to the colony. All of those things went to exasperate the people of Canada. They were now about to impose a permanent civil list on the colony. This would be a cause of discontent and quarrel. The colonists claimed the power of taxing themselves; and appropriating those taxes as they pleased. They were now on the brink of another quarrel. What he asked on the part of the colonists was simply this, that they should be allowed to govern themselves as far as related to their internal policy ; but that when anything arose which concerned both this country and Canada, ' that the in terests of this cs.aintry should bind the colony. What , was the objection to that ? What had they gained by interference with the people in their local affairs and municipal concerns ? If they denied the people of Canada the right of governing themselves, they would either make them separate themselves into a democratic republic or add to the desire of uniting with the States of America. No person who looked to that grasping republic could for a moment doubt that it was her desire to penetrate to the Pacific through Texas, and sweeping round the Oregon, to include Canada within the union. When America had accomplished this, Frpnoe or Btssls need no longer trouble them, America would be their most dangerous rival, for she would have the will and the power, and the opportunity of meeting them in other parts of the globe. They shoulttgain the good will of the people of Canada, and not exasperate them. Let them not, turn any ill-feelings that might exist at present into bitterness and gall. He begged of the Noble Lord to look to this. Let him be their good governor, and he would make the people of Canada attached to this Government. . _ _ Lord STANLEY said he certainly anticipated that the statement of the Hon. and Learned Gentleman would be followed by some specific motion, on which the sense of the How would be expressed. The importance of the question and of the principle involved in it, and of its bearings on the future possible relations between this country and Canada, could not be over estimated. lie had no reason to complain of the tone and manner of the lion. and Learned Gentleman, or of any want of frank ness or candour in the mode in which he'stated his own view. His objection was to the principle as laid down broadly by the lion. and Learned Gentleman, in which he stated, that if they wished to avoid American demo cracy they must introduce the principle of self-govern ment. His objection to that, which would draw a dis tinction between what the Hon. and Learned Gentleman called the Government at home and the Government abroad, was simply this, that however true the principle might be with regard to an independent republic, it was inconsistent with the existence of monarchical govern ment, and with the relations between a colony and the mother country. Admitting to the fullest extent the importance of that upon which the Ho nourable and Learned Member laid so much stress, of treating the people of Canada•with kindness, of using no exasperating language towards them, and of confiding the administration of local affairs to the friends of the people, he was yet prepared, on the part of her Majesty's Government, to express their unhesitating and cordial approval of the course pursued by Sir Charles Metcalfe, on the two matters made the ground of accusation against him. What were those two points ? They were not left to conjecture on the subject, for the Governor- General stated publicly, and he was uncontradicted by he mouth of one of those who adhered to the Govern• ment, in opposition to the Executive Council, that the ground of resignation was this, that persons came, on the part of the Council, with those demands—that he (the Governor) should consent to mike no agreement without the advice of the Council—that the list of can didates should be laid before them—that they should have the power of recommending others—and that the Governor-General should make no appointments preju dicial to their interests. This was one ground.; the other was that the patronage of the Crown should be given to the Council for Parliamentary support. They wanted, that the Governor-General should bind himself to this by an instrument, under his hand and seal. Sir C. Metcalfe rejected those propositions, and he was right. —(Hear.) The Hon. and Learned Gentleman made no distinction between the Governor of a province and the Sovereign. Admitting that there was an analogy, he would say that these demands were such as no constitu tional Minister eder made. But he denied the analogy. The constitution of Canada might be formed upon the model of the British Constitution ; but it was impossible to give it the life and energy of the British Constitution. Now what was the British Constitution? What were the functions of the Sovereign ? It was this, that the Sovereign was irresponsible for his acts, and that the responsibility centred in the confidential advisers of the Sovereign. They were responsible to Parliament and the people for they advice they gave the Sovereign. But though they existed by the will of the Sovereign, he admitted that no Minister could long:hold the reins of power who did not possess the confidence of the popular branch of the Legislature. But the Crown not being responsible personally, exercised no political powers, and the exercise of political powers without responsibility would not be more dangerous, to the liberties of a country than the exercise of a responsibility without power would be absurd and ridiculous. This theory was well understood, and practically fol lowed. Every Minister, in making recommendations to the Crown, except where urgent necessity demanded otherwise, always considered it his duty to pay defer ence to the personal wishes of the Sovereign ; and, on the other hand, the Sovereign, in sanctioning such recom mendations, often sacrificed personal considerations to public advantage. In this country the Crown was here ditary, and the people were attached to the Crown and to its functions from a principle of loyalty. The here ditary peerage exercised no unimportant influence directly through the House of Lords as a branch of the Parliament, but they also exercised an influence over pub- I lie opinion through their rank and station, their wealth, their territorial possessions, and hereditary titles, which gave to the peerage of the country an influence, each in a separate locality. Now, compare this with Canada. There was there a House of Representatives, fairly chosen by the people ; but where was there anything corresponding to the House of Lords ? They found a Council there possessed of some functions, but they had no rank nor station. They had no territorial or here- ditary claim to influence, - and they held their offices from the Crown only during life. There the Governor- General only exercised a delegated authority, having an income which was only moderate for a country gen tleman in this country. He was personally a stranger to a country the Government of which he administered. He had no means of personal influence, and on his first arrival he had no personal connexions. Such a state of things, where a Governor was compelled to act, in every respect stripped of all real power and authority—subject to act under the control of whoever were the ruling party—would constitute in Canada that which, but for the influence of the Crown, and but for the influence of the Peerage, would be the result in this country, if a 'ne cessity was imposed on the Prime Minister of this coun try to possess alone the confidence of the House of Com mons, a republican and not a monarchical government. Such a state of things was inconsistent with monarchical government, and it was inconsistent with colonial depen dence also. It was overlooking the distinction .which must exist between an independent country and a co-' Cony subject to the mother country. The Hon. and Learned Gentleman might wish that Canada should shake off her dependence, but let him say so. Theazgu ments which he used, if pushed to their legitimate extent, would lead to the independence of the colony. The system p ro p ose d by th e H on . Gentleman was incon sistent with the opinions which had been propounded by every British Colonial authority who had ever en-. tered upon the question of responsible government in the colonies. The Hon. Gentleman had traced the his tory of the Constitution of Canada from the period when Lord Durham had made his report down to the present time. He had looked carefully th roug h L or d D ur h am ' s _ report respecting the prin c ipl es o f respons ibl e govern ." ments ; but although he found there many principles propounded, of which he did not approve, he did not find that Lord Durham had anywhere recommended that species of responsible government which had been pro pounded by the Hon. Gentleman. Undoubtedly Lord Durham recommended that:all officers exc e pt th e Gover nor, should be responsible to the Legislature, an d th a t t h e responsibility to the Legislature should be secured by all the means known to the British Constitution; that the Governor should carry on the government by means of the heads of parties in which the Legislature reposed confidence.—(Hear.) Lord Durham laid it down that the adthinistration of the internal affairs of Canada could not be carried on properly while the per sons administering those affairs held office nominally during the pleasure of the Crown, but were really for life, and were not changed with every change in the Go vernment. The internal Government of Canada, ac cording to Lord Durham, ought to be conducted by gi an s d " l h a e t a u d r e s f o u f r d t e h p e ar tm e on e d n u t s e , t each ef h ia answerable wn d e p t a o r h e e n t l : e that if such head of a department was no longer sup. ported by the Legislature, that then he ought to re sign. To that principle, so limited, he bad not heard that, from the days of Lord Sydenham to those of Sir G. Metcalfe, the slightest objection had ever been made. In order that there might be no doubt as to the under standing of the Government of this country on the sub ject, at a later period than that of Lord Durham's mis sion to Canada—at the time when Lord Sydenham was sent out to carry out Lord Durham's views—he would quote from the dispatch which had been written by the Noble Lord the Member for London to Lord Sydenham, in which be stated what were the views which the then Government entertained as to the sys tem under which the affairs of Canada were to be administered.—(The Noble Lord here read various extracts from the dispatch alluded to, in which Lord Sydenham was recommended to refuse any explanations which might be construed to imply any acquiescence in the prayers of the petitions on the sub ject of responsible government ; for, although it did not appear that the petitioners attached any definite meaning to thelerm, yet its very vagueness might occasion much future embarrassment, should anything like an acquies cence in their demands be hinted at. The dispatch then went on to dilate on the difference in position of the 'Executive Council in a colony, arid that of the Minister of the Crown in England. The power, fox the exercise of which the Minister was responsible, was not his own power ; it was the power of the Crown ; and, to show the inconvenience of the Governor of Canada acting always solely by the advice of the Executive Council, the dispatch went on to suppose a case in which the Executive Council had recommended the Governor to pursue one course of conduct, which was at direct va riance with the instructions which he had received from the Queen. If h e obeyed the instructions from England he would be acting'contrary to the principle that he was to be guided in all things by the advice of the Executive Council, and if he followed the advice of the Council, be would cease to be a responsible officer of the Crown, and would be in fact an independent sovereign.) He (Lord Stanley) concurred entirely in the principles laid down by the Noble Lord in that dispatch. But, said the Hon. Gentleman, the theory of responsible co lonial government is not to interfere with the responsi bility to the local Legislature, where the internal rela tions of the colony alone were concerned ; but to inter fere only in those questions which affected metropolitan as well at local interests. But who was to draw the line of distinction between these two subjects ? The Noble Lord, in the dispatch from which he had been quoting, answered, as if by anticipation, the question of the Hon. Gentleman. He put a case in illustration, which was this—at the time that M. Papineau ruled the Assembly *of Lower Canada, it was his aim to discourage all who did their duty to the Crown, and all those who wished to introduce British population, British habits, or British customs into Lower Canada. It would have been untossible for a Ministry in the Parliament Of the United Kingdom to justify the measures of a Papineau Ministry in the colony. British officers punished for doing their duty—English mer chants pillaged—British emigrants oppressed—would apply to Parliament for protection, and it would be im possible, if that principle were sanctioned, to prevent the affairs of the colony falling into inextricable confusion. The Noble Lord (J. Russell) went on to say _that, while IT saw insuperable obstacles to the adoption of the prin ciple as stated, be saw none to the adoption of the grin , ciple recommended by Lord Durham. The Queen's , Government, he said, had no desire to thwart the Assembly of Canada, and he wished to give to talent rHE SUN, LONDON, FRIDAY EVENING, MAY 31, 1844. and character among the leading persons in the colony the same advantages as in this country. No political constitution could exist except by' forbearance among those who exercised the supreme . power. If, in this country, the Sovereign were to exert the prerogative of the Crown to the utmost extent, and the House of Com mons were to exert its powers of the purse, in order immediately to force through any of its measures, the utmost confusion would be produced in less than twelve months. The Government of the colony could only be carried on by each party exercising a wise moderation.—(Cheers.) Such were the senti ments of the Noble Lord, and in those sentiments he entirely concurred. lie deeply regretted' that, - in the exercise of his discretion, Lord Sydenham, then Mr. Poulett Thompson, had not thought it necessary to lay before the .Legislature of Canada that dispatch - . He laid in extenso before them another dispatch of the Noble. Lord regarding the tenure of political office, which was to be contingent on the party retaining the confidence of the Assembly; and it was unfortunate that he had not also laid before them the dispatch on the subject of re sponsible government, for, had that been communicated to them, it must have prevented much misapprehension Mr. Poulett Thompson entertained the same views, as appeared from his dispatch relative to the tenure of office in Canada, in which he stated that the principles of responsibility, if carried to their utmost extent, were incompatible with colonial dependency. The , Hon. Gentleman had asked if lie concurred in the view taken by Sir Charles Bagot of responsible govern ment. lie would state explicitly to the House his views on the subject. He understood by a responsible govern ment in Canada, that the administration of Canada should be conducted by the heads of departments en joying the confidence of the people and of the Legisla ture of ,Canada. With regard to the Executive Coun cil, he thought it was necessary to the due exercise of their functions, that they should have the power of ad vising the Governor, of propounding their legislative measures to the Parliament of Canada, and that the Go vernor should be guided by the advice of those whom he had called to councils, they being responsible for the advice offer. But if he were asked whether the Governor-General should be in all things the mere ma chine—the mere passive instrument of the Executive Council, his reply would be that ho did not so under stand the term " responsible government ;" and if such were to be the case, the Governor- General would cease to be the Governor of a British colony. He apprehended that Sir Charles Met calfe understood the term " responsible government" in the same manner ; and in terms the most explicit, Sir Charles Metcalfe had expressed his adherence to the resolution of the 3d of September, 1841. He had stated that he considered every other government but one which recognised the responsibility of the heads of de partments to the people as represented in the Assembly, was impracticable in Canada. He would not stop to inquire whether that species of government—necessarily a party one—would be the most likely to conduce to the happiness of Canada. The principle had „been frankly conceded by the Government at' home, and .to that prin ciple Sir C. Metcalfe had expressed his adhesion; but the Governor-General was responsible to"the imperial autho rity alone.—(Cheers.) If he was made a mere-instrument in the hands of the Executive Council, what became of his responsibility to the Imperial Government. It was a practical absurdity to leave the Goveroor without any authority, and yet to make him responsible. With out power there could be no responsibility. If they took from the Governor all power it was a mockery to talk of his'responsibility. For what was he responsi ble ? He was responsible for the proper distribution of rewards and honours, and for the exercise of the prero gative of the Crown in refusing or giving the Royal consent to the Bills presented to him by the Colonial Legislature—of these powers the Executive Council wished to deprive the Governor. The lion. Gentleman would not deny that demands had been made upon the Governor-General by the Executive Council to give up both of these. Mr. ROEBUCK—I do not see any proof of that. Lord STANLEY—The Governor-General had made that statement to the Assembly, in the presence of the Executive Council ; and that statement had been uncon tradicted. It was a remarkable circumstance, that the Executive Council had made a statement in writing of the grounds on which they had resigned, and the Go vernor-General had protested against that document as not containing a true statement of tho.r grounds, and that protest had not been answered. When that dis missal had taken place, the Governor-General had written to him (Lord Stanley) stating what had occurred, and the conversation which he had had with the Coun cil previously; he had written back approving of the course adopted in the acceptance of their resignation, but expressing his regret that he had not required them at the time to put their demands in writing as the mem bers of the Executive Council might charge the issue upon him, -and state other grounds as the reason for their resignation. Within two days after, he received a dispatch from the Governor-General, which proved that his anticipations had been correct. So long ago as the month of May last the Governor-General wrote to him (Lord Stanley), and said "I am required to give myself up entirely to the Council, and to submit to their absolute dictation and judgment as to the manner in which I shall bestow the patronage of the Government, appointing some persons and proscribing others, and they require me to make some public and unequivocal declaration of my adherence to these conditions, involv ing a.complete nullification of her Majesty's Govern ment.', As early as the month of May that principle was contended for, and pressed upon the Governor- General, not only that he should so exercise the patron age of the Crown, but that he should make a public declaration of his intention so to act. The Governor- General in December last wrote to him, and he then stated that he had done all- he could in his appointments to consult the wishes of the Council, but he did not feel that he was absolutely bound to do so. Now, with regard to the patronage, the House must not run away with the notion either that the Colonial-office at home, or the Govern ment at home, was in the slightest degree connected. Long since, the whole patronage of the Crown in the North American colonies had been placed in the hands of the Goveraor of the colony. He (Lord Stanley) as Se cretary of State, had not the disposal of the value of 50/. worth of patronage in all the North American colonies put together. - Every appointment was made on the re commendation of the Governor, and no appointment was made of any person who was not resident in the colony; and he (Lord Stanley) declared that since he had held the seals of office, he had neither, by recommendation, hint, or suggestion, been interested, either directly or indirectly, in any one appointment which had been made, or any appointment which had not been made, in Canada. The patronage of the Crown was vested in the Governor, in the exercise of those functions, for which he was re sponsible to the Crown of this country. And do not let the Hon. and Learned Gentleman say that the distribu tion of patronage in a country like Canada was of such merely local importance that it might be safely—that it could be wisely—intrusted to the absolute control of a political party there. Ho (Lord Stanley) was sure that it would not be to the advantage of any colony that pa tronage should be so dispensed. He would shortly illus trate this. The Hon. and Learned Gentleman was well aware that in all small communities, and in all colonies, the leading men, or a large portion of the leading men of all parties were gentlemen of the legal profes sion. They were men about the seat of Government. they were generally men of superior education, men of some leisure, and men whose attendance at the seat of Government, and the places of legislature, did mot interfere with their ordinary pursuits. They formed therefore a very large proportion of every colonial legis lature. Did the Bar and Learned Gentlemen think that was a class from which judicial officers ought to be se lected, upon the recommendation of the Executive Coun cil, which was composed of those very persons ? Did the Honourable and Learned Gentleman think that the judicial offices—the best paid offices, as they ought to be —did the Hon. and Learned Gentleman think it was de sirable such offices should be given as prizes for politi cal leadership, or as rewards for political partizanship ? He (Lord Stanley) could not conceive any principle more likely to tarnish the source of justice.—(Cheers.) He said the appointments to the judicial office were safely vested in the Governor-General exercising the preroga tive of the Crown, and that it was not wise or safe to vest them in any leader of a political faction. Suppose that rivalry of race should again begin. Suppose that rivalry of race should be rekindled in Canada, and sup pose it should happen that the British party 'should be aiming at the exclusion of the French party, together with their political power in that colony. Did the Hon. and Learned Gentleman think it desirable or safe that a political party, in such a state of things, should have the power of excluding from All office—not only all political office, but - all office whatever—the whole French population ? But ' he would go a little farther. Suppose an,- administration to be formed mainly. of those -persons; who, at least, had been lukewarm when the cillony had been theeatened to be torn from the mother country.. Suppose a Legis lature, or Administration, so constituted, having the ab solute disposal of the patronage of the country, did the Hon. and Learned Gentleman think it consistent with the dignity—consistent with the homoui—consistent with the metropolitan interests of the Crown, that the patro nage of the Crown should be placed in the hands of an Administration so composed ? He (Lord Stanley) did not know what the House would think of such a pro position—yes, he did think, and he did believe that the House would see that it was inconsistent with the ho nour of the Crown to place that power in an assembly so formed. He felt confident that, sooner than submit to such demands there was no privation and no sacri fice to which Sir Charles Metcalfe would not submit, and he was sure that nothing could induce him to be subser vient to such a demand. But the Hon. and Learned Gentleman said that Sir Charles Metcalfe had been most unfortunately educated for the service of a free coun try. Now, who and what was Sir Charles Metcalfe ? Was he a man of extreme opinions with respect to a des potic Government? Was he a man of repulsive manners, hostile to all public institutions, and willing to be the instrument of any Government for crushing free insti tutions? Those who knew anything of him, knew that he was precisely the opposite of all these. They knew that he was not a supporter of the present Government — (Hear, hear)—and that he wasa ,r man h e ey xt a re ls m o e k ly ne l w ib t e h r a al t in political matters.—(Hear, hear.) he was the man who first introduced into India the liberty of the press. He was also selected by the late Government to the government of the colony of Jamaica, at a moment when the legislative Government of that colony was in such a state of hostility to her Majesty's -Government, that it was considered almost as being ab solutely incapable of being made a fit instrument of government. Sir Charles Metcalfe was sent out, and in two years he brought the island of Jamaica into a state of order and subordination. Yet this was the man whom the lion. and Learned Gentleman said had been unfortunately brought up for the management of the affairs of a free country. The Hon. and Learned Gentleman had alleged that Sir C. Metcalfe had never explained what his views were with respect to a responsi ble government. Now he (Lord Stanley) must say that to all the charges made by the Hon. and Learned Gen tleman against Sir Charles Metcalfe this one had filled him with the most astonishment. The Noble Lord then read an extract from the address of Sir Charles Metcalfe to one of the townships of Canada, in which he expressed his full opinions with respect to a responsible government. He would not sign the death warrant of British connection, but he would have the British and Canadian interests work together ; he would not pursue a course which would be disastrous to either if not to both.—(Hear, hear.) With regard to the distri bution of patronage, to which the Hon. and Learned Gentleman had with so much severity adverted, not a single appointment of Sir Charles Metcalfe had been ob jected to. Nor had any legal administration or execu tive act of the Government been called into question — (Hear, hear)—except by the Council, and they did so on one occasion when Sir Charles Metcalfe was in the midst of difficulty. One act had been specifically charged against Sir Charles Metcalfe, that he had en couraged Orange Societies in Canada. He (Lord Stan ley) had no sympathy with Orangemen or their societies, nor had the Governor-General of Canada ; he (Lord Stanley) did not think that even the fervid loyalty and zeal for British institu tions of these men would counterbalance the evils which their religious dissensions and societies were likely to occasion.—(" Hear ' hear," from the Opposition.) But Sir C. Metcalfe had no sympathy with Orange lodges ; at the same time he was not prepared to accede to a step which virtually proscribed all belonging to the Orange party. He refused to take any arbitrary measures against a party which included so many loyal subjects of the Crown, and warm friends of British institutions and British connection.—(" Hear, hear," from the Ministerial benches.) A Bill was then passed through the Legisla ture which Sir C. Metcalfe, in its progress, repeatedly protested against. lie would read the substance of that Bill to the House. (The Noble Lord then read extracts from the Bill, which provided that all Orangemen were declared incapable of holding civil or military office, serving in the militia, serving on a jury if challenged, or, in short, any public situation of trust ; and further, any publican subjected himself to a penalty and the loss of his license for allowing an Orange lodge to meet in his house.) The Crown had of course power to veto any Bill of the Legislature, and Sir C. Metcalfe, as the repre presentative of the Crown, possessed that right ; but he preferred referring to the home Government, and they had no hesitation in recommending that the Bill be reserved for the Queen's pleasure. Why questioning the policy or propriety of this proceeding, was questioning the most unquestion able and one of the most valuable of the prerogatives of the Crown.—(Hear, hear.) Had Sir C. Metcalfe acceded to the wish of the Council. nothing could be a more .!omplete surrender of the liberties of the Crown. The Hon. and Learned Gentleman adverted to several acts of Lord Sydenham, and, amongst others, to that of limit ing the suburbs of Montreal. In that case he must say that the Governor-General was perfectly competent, to exercise the power which lie took upon himself, and to incur all the responsibility which he exerted. The Hon. and Learned Gentleman had likewise adverted to the civil list. Now he (Lord Stanley) was not going to re open this unpleasant question ; but if ever there was a case in which the interference of the Crown was not only justifiable but imperatively called for, this was that one. For was it not obvious to any man, that no thing could be more desirable —nothing more useful— nothing more indispensable for the proper government of a country, than that provision should be made for deserv ing and eminent men independently of the whim or caprice of the LocaiLegislature. He again said that it was ab solutely necessary for the proper administration of justice that such office should be independent of the Local Legislature. lie (Lord Stanley) had received an address from the Legislature of Canada, complaining of the imposition of a civil list, and requesting that they might be permitted to substitute one. He would read to the House the answer which had been recommended by the Government to that address. (The Noble Lord then read portions of the reply, which were declarations of the opinions of the Government that provision should be made fur those men who had served their country faithfully, and for the declining years of eminent and distinguished individuals who had rendered uncommon public service. The reply further assured the peti tioners, that whenever the Canadian Legislature would make the necessary provision for the civil list they (the Government) would be prepared to recommend to Parliament the repeal of such portion of the Act of Union as had relation to that subject.)—(Hear, hear.) The Hon. and Learned Gentleman had referred to the scenes which had occurred at the late election in Mont real, in proof of the discontent which prevailed in Ca nada ; but ho (Lord Stanley) thought a more infelicitous illustration could be hardly adduced. He believed that the disgraceful riots which occurred at Montreal were mainly owing to a mob of Irishmen having been brought into Montreal from the canal on which they had been working, and that the election was in nowise a test of the feeling which prevailed in Canada.—(Hear, hear.) He believed the moderation, discretion, firmness, and conciliatory temper. and disposition of Sir C. Metcalfe, and the earnest desire he entertained to carry on the government of Canada in accordance with the well under stood views and opinions of the people of the province, would not be without a happy influence on the future condition of Canada. The clamour which had been raised against Sir C. Metcalfe, by misrepresentations and misstatements of his words, ac tio n s, and sentiments, would be dissipated in a short period, and he (Lord Stanley) confidently believed that, by acting on his own sound and moderate views, tran quillity and concord would be restored. The Hon. and Learned Gentleman had spoken of what Canada might bo in the event of a war with the United States. He (Lord Stanley) apprehended that, in any case, Canada would be, in time of such war, rather a source of weak ness than of strength. Canada would be a most vul nerable point ; but in a military, naval, and commercial point of view, the possession of that colony was still most desirable. It was an appropriate nursery for sea men, and might become a great receptacle for our manu- I actures, as well as eminently productive of the raw ma teriels which constituted them. Besides, Canada was the great inlet for our commerce to the great continent 'of America by the river St. Lawrence, one of the great est of the waters of the world. Commercially and poli tically, he did not seek to deny that it was of great im portance to this country. But if Canada were of im portance to the mother country, he asked the Hon. and Learned Gentleman to consider whether it was not of infinitely more importance to the people of Canada that they should be connected with England ? The peo ple of Canada enjoyed as free a Government as—and, he ventured to add, a lighter taxation than—any people on the face of the earth. They had perfect religious liberty ; they had, at no cost to them selves, the military and naval protection of the mightiest Power in the world ; they had annually an immense ex penditure of capital in the shape of the commissariat and military establishment ; while the United States were unable to borrow money at six per cent., Canada, by its connection with this country, and nothing else, had been able to borrow, by the guarantee of this country, for the improvement of her internal communications, no less a sum than one million and a half, and at an interest little, if at all, exceeding three-and-a-half per cent. ; she had an immense indirect expenditure, and she derived a great advantage from the settlement of British merchants within the colony, and the investment there of British capital. She had for her produce—and no inconsider able addition had been recently made to that exclusive advantage—she had the privilege of admission upon the most favoured terms to the richest and to the highest market in the world. These were the advantages which Canada possessed by her connexion with this country — these were the advantages which Canada must be pre pared to sacrifice if separation from this country should unhappily be the result.—(Hear, hear.) It was for Canada well to consider whether the price she had to pay in her slight and all but nominal subordination to this country, was too high a price to pay for the protection, the advantages, and the substantial benefits which she derived from the connexion.—(Hear, hear.) But Canada must not expect, as the Hon. and Learned Gentleman seemed to think she had a right to expect, at once to enjoy the unlimited and entire inde pendence of a separate republic, and at the same time the advantages which she derived from British connexion and British commerce.—(Hear, hear.) He believed that the people of Canada were in the main cordially at tached to this country.—(Hear, hear.) He believed that when they seriously considered the results of that course into which unprincipled demagogues and rash advisers were hurrying them, they would fall back from such blind and interested guides upon the liberal and honest views of the Governor-General of Canada, and upon the protection of this country ; and he believed that, by the exercise of sound sense and sound discre tion, Canada, if she did not follow mischievous and in terested advisers, might long, retain the advantages which she possessed by her connexion with, rather than her subordination to, this country, in the capacity of a thriving and happy colony of the British empire. Mr. HUME said that, after the lengthened discussion which had taken place on this important subject, it was not his intention to do more than just notice the points to which the Noble Lord had adverted. The state ments which had been made by his lion. and Learned Friend the Member for Bath he knew to be perfectly correct. He regretted that the Noble Lord had not stated whether or not he approved of the conduct of Sir Charles Begot, for addresses had poured in from all parts of the country, in which that conduct was highly ap plauded. He wanted to know what had produced so great a change of feeling in the colony. The Ministry, finding it impossible to conduct the government under Sir Charles Metcalfe, and be at the same time responsible to the House of Assembly, had felt it their duty to retire. Was it possible to make out from what was passing in Canada the meaning of the term re sponsible government?—(Hear, hear.) It appeared that in Canada responsible government was ono thing, while in England it was another thing.—(" Hear, hear," from Sir J. Graham and Lord Stanley.) It was for the Go vernment to explain what acts of Sir Charles Bagot, and what acts of Sir Charles Metcalfe they approved or dis approved. The Noble Lord had asked what individual appointments of Sir Charles Metcalfe, were objected to. If the Noble Lord had read the speeches of Mr. Baldwin, Mr. Hincks, and other Members, he would have found them stated at length. The Governor himself admitted that from the moment of his arrival in the colony there was an antagonism between him and his Council. He (Mr. Hume) deplored the events which had taken place ; because if there was one man in the country from whom he expected conduct which would conciliate the people of Canada, Sir Charles Metcalfe was that man.—(Hear, hear, from Lord Stanley.) By everything reported of his conduct in India, and still more of his conduct in Jamaica, he was led to believe that his appointment was one of the most fortunate which had been made by the Government.—(Hear, hear.) He had thought that if any one could conduct the affairs of Canada comfortably and quietly, Sir Charles Met calfe would do so. He had no doubt, in fact, that he would have dune so if be had not been under the tram mels of the Noble Lord.—(Hear, hear, from Lord Stan b4t he had a higher opinion lay.) Ile might be wrong, of Sir Charles Metcalfe than he had of the Noble Lord. He attributed all the unpopular acts of Sir Charles Met calfe to the influence exercised over him by the Noble Lord the Secretary for the Colonies. There was an at tempt made to deprive the people of Canada of their rights ; but if they allowed the policy of Sir Cha r l es Metcafe to be carried out, Canada would be a happy and a prosperous colony. Mr. C. BULLER said that no one could feel more deeply than he did the consequences of any decision of the House of Commons which might tend to create or to widen a breach between Canada and the mother country. It was the plain, obvious, and fixed object of Lord Durham to reconcile the differences which were existing or supposed to exist. He thought that the House should pause before they interfered with the principles which had been agreed to by Parliament, and had been accepted by the Canadians. He thought it was a difficult thing to determine where the prerogative of the Crown was to be limited. He had been exceed ingly satisfied at the general explanation given by the Noble Lord, as to the principles of responsible govern ment. He believed that the Noble Lord thought that the government of Canada should be carried on by parties that had the confidence of the Assembly. He did not suppose that the Noble Lord would say that in the subordinate depart ments it would be necessary for the Governor to apply to the mother country. He agreed with the general principle, that the people of Canada, with the assent of all, might have the benefit of a responsible government. Nothing had been done by Sir Charles Metcalfe that at all interfered with responsible govern ment. He could not see how the Executive Government could be called upon to ask the opinion of the Executive Council upon every appointment that was made ; those who made such a demand could not, he was sure, be acquainted with the principles they wished to support. It was said by the Executive Council, that they resigned in consequence of Sir C. Metcalfe having made a great number of appointments without their advice. Now what was the fact ? Why that when the members of the Council were challenged to point out a single appointment that had been made without their knowledge, only one could be found, and the member of the Council who had named that one was obliged to come down the next day and state that even that appointment had received the assent of the Executive Council. But then it was said that the appointment of the President of the Council, which was equal to the office of Lord Chancellor, was made without the approbation of the Executive Council, and that they had resigned on that account. Now, for his own part, he did not believe that that appointment, which in the then existing state of the country Sir C. Met calfe was obliged to make, was the real cause of their resignation. It was true, that the Governor, not wishing to throw himself into the hands of his op ponents, had not filled up some of the Government offices. It was also said that this matter was settled by the Montreal election—that that was decisive. But several gentlemen had given in a full adherence to Sir C. Met calfe since that event, and he did not think that the Go vernor-General could be blamed fOr his conduct in that election, which arose, probably, from his want of know ledge of the worst features of a representative govern ment in a country where they resorted with less scruple to personal violence than in any other country in the world. There was a row and a tumult ; every respect able person who went up to vote had his clothes torn off his back, and great numbers were prevented from voting at all. On the last day of the election voters were obliged to go up to the booths between two lines of military. The Hon. and Learned Gentleman had described his conduct as part of a systematic crusade against the principle of Parliamentary government ; and he had noticed also the case of Nova Scotia and the conduct of Lord Falk land. But Mr. Howe—a good authority—had, in the Assembly of Nova Scotia, vindicated the conduct of Sir C. Metcalfe. and had declared that the cases in Nova Scotia and Canada were totally distinct, and that all the difficulties in Canada had arisen from a blundering Ad ministration. For himself he was convinced, looking at the whole matter, with no bias against the gentlemen who had just gone out, and•with no indifference to the principle of Parliamentary government, his firm conviction was that the error in this case was on the part of those who had quarrelled with Sir Charles Metcalfe. Though ho did not approve of all the principles laid down by him, he believed that, as the controversy proceeded, he had gradually adopted more fully, and expressed more accu rately, the right principles on which he thought he ought to take his stand. The question was, which party ought to triumph iu this contest , and whichl party must triumph. That question would be greatly complicated if the Canadian Parliament should, on its re-assembling, declare its approbation of the conduct of the members of the Executive Council, refuse to recognise any other, and attempt to force the late one back on the Governor- General. Then would come an appeal from Sir Charles Metcalfe to the constituent body, and, in spite of the Montreal election, he believed that appeal would be re sponded to by the good sense of the Canadian people. But there was one thing that they must do in this coun try—that was, that this House must strongly express its opinion on the question between Sir Charles Metcalfe and the Executive Council, and as to the course which both the Government and the Parliament would be pre pared to adopt. He understood that the support the Noble Lord gave to Sir Charles Metcalfe was not con fined to one part of his policy only was not confined to his disposition to try the system of Parliamentary government—the Noble Lord was also prepared to resist any encroachments the Council was disposed to make on the prerogatives of the Crown. Those prerogatives were not in Canada, as in England, the safeguards of popular rights ; they were the safe guards of the imperial connection, and if the people of Canada clearly . understood that the Government at home •would resist these encroachments, he believed that they would submit to the views of the Governor-General. However great might be the advantages of the connec tion to this country, the advantages were still greater to Canada itself. He knew from experience that much mischief had been caused there by doubts among the people of the good faith of their liberal promises, of the firmness of the Government in maintaining, its views. All they had to do was to make the people of Canada fully conscious both of their good faith and their determination, and by so doing they would strengthen the hands of Sir C. Metcalfe, and enable him to triumph over all opposition. In endeavouring to keep Sir Charles Metcalfe in Canada, ho was sure he was taking that course which was most for the benefit of the Canadian people. The Govern ment could not have made a better selection than that which, despising all party considerations, they made in choosing Sir Charles Metcalfe as the person who, from his experience, would be most likely to administer the affairs of the colony with benefit; and, if he failed, it would be difficult to find one more likely to administer them in a just, and, at the same time, in a conciliatory spirit.—(Cheers.) Lord J. RUSSELL said he was unwilling to give his opinion upon the case, seeing that the facts were not fully before them ; but as he had been referred to, he did not think it right to be altogether silent on the subject, though he considered the question had been brought on unnecessarily and prematurely. With regard to the dis patch which the Noble Lord had read, he concurred in his general principles. With regard to Lord Sydenham, it appeared to him at the time that no man in the country was so likely to use his energies and his faculties for the benefit of Canada, and in such a manner as would maintain the connexion between Canada and this country. Lord Sydenham had been originally struck with a remark of his predecessor, " that there was no quarter of the world where a man could do more benefit to his fellow-creatures than in Canada." Being placed in that situation, he devoted the whole energies of his mind to advance the interests of Canada. He had acquired great influence in Canada, owing, he believed, chiefly to the knowledge he had acquired in this country of Parliamentary discussion—of the mode in which a free Constitution was carried on, and to the knowledge which he had on all matters relating to trade and commerce. When Sir Charles Begot went to Canada, he found a large Parliamentary majority, and he could not do other wise than choose his Ministry from that majority ; but he suffered severely from disease, and so much could not be expected from him as from a person in robust health. Sir Charles Metcalfe succeeded him, and, upon his arrival in Canada, he declared his intention to adhere to the resolutions of 1841, and to uphold the principle of responsible government in the colony. He continued the Ministry formed by his predecessor ; but he found, after a considerable lapse of time, that there were differ ences of opinion between them, and he was asked to make concessions which he conceived it his duty to the Crown to resist. The Noble Lord had read the terms in which Sir Charles Metcalfe understood those de mands; and, understanding them as he did, he could not do otherwise than resist them. It was impossible that he could bind himself down in the manner proposed by the Executive Council. But if all that was required of him was that he should consider the opinions of the Exe cutive Colima, he should say he took an erroneous view of the case. With regard to the future, he con fessed that to him there appeared some grounds to hope that the dispute would be settled, for some of the leaders of the Executive Council had, it seemed, not made those demands as they were understood, but only complained of a want of general openness on the part of the Gover nor-General. If they said they did not insist upon any such demands, it would be easier for the Assem bly to prevent any future misunderstanding on the subject than if any differences existed on some grea constitutional point, for neither Sir Charles Metcalfe nor any other Governor would deny that when Council, ptehre sous were appointed to the Executive C n o utmost three cm f i o fi r d e e , ntcaekeshsooulgdioeoxtnisyt s be v r e wee a n sth lion, and them. e Learned Member for Bath. lie had trusted the Legis lative Assembly would see it was bettet for them that Sir Charles Metcalfe should carry on the government with no other view except that of promoting the in terests of the province, than enter into idle disputes which must retard its prosperity. The Noble Lord had stated fully, but not more fully than truly, the advan tages which Canada enjoyed from its connection with this country. These advantages could not be overrated. As to the idea of an independent Canadian republic, that was an illusion that could not last six months. If they should join the United States, what would become of those institutions which the Canadians cherished so dearly ? What would become of those religious esta blishments which the Canadians cherished so dearly, and for the maintenance of which this country had always shown such care and regard.—(Cheers.) He could not but think, under all the circumstances, that the people of Canada and their representatives would agree to the appointments which Sir Charles Metcalfe might hereafter make to his Executive Council, and that they would agree tp pass such measures as he might preseit to them by the advice of that Council, to pro mote the future welfare of Canada. He was sure that the Canadians would not improve their situation by en deavouring to deprive the Governor of that authority, as the representative of the Crown of the United King dom, which was necessary to maintain the connection between the colony and the mother country.—(Cheers.) Mr. TRELAWNEY thought they ought to consider the promises which had been held out to Canada. The Noble Lord the Member for London, in bringing for ward the Canada Union Bill, had distinctly promised them a ,responsible Executive Government. To carry out that promise, the Government ought to be responsi ble to the majority of the House of Assembly. They should give them a Government responsible iu the sense in which the word was understood as applied to the Government at home. By doing so, they would take away from the people all desire for a change of Govern ment, and all temptations to acts of violence ; but, unless they did so, he saw no safeguard against rebellion. Mr. ROEBUCK explained. Sir ROBERT PEEL said that his Noble Friend had stated se fully and so distinctly the general views which the Government entertained with respect to the late un fortunate disputes in Canada, that it was impossible for him, as far as the Government was concerned, to add anything to that statement, in every word of which he concurred. But out of satisfaction to his own feelings, he could not allow that debate to close without expressing his senti ments as to the manner in which a most meritorious public officer had discharged his duty under circum stances of great difficulty.(Cheers.) The Government of this country had given the greatest practical proof in, their power of the spirit in which they wished to see the affairs of Canada administered, by the selection which they had made of Sir Charles Metcalfe as Governor Ge neral.—(Cheers.) Not a single member of the with Government had been personally acquainted With Sir Charles Metcalfe. He doubted if any one 0r them had seen him before the important Government of Canada had been offered to him. The Government and Sir Charles had not been connected by political ties. Sir C. Metcalfe had no personal claim upon them, but they had disregarded all political claims in their desire to make an appointment which should prove to the people of Canada the spirit in which it was desired that the Government of that province should be administered. They had selected an officer who had distinguished himself in the service of the East India Company, and who subsequently, in the administration of affairs in Jamaica, had achieved a triumph by his moderation and his firmness,—(Cheers.) When they looked at the general tenor of his conduct — when they considered the view which be had taken of the cases of all those who had been concerned in the late rebellion—that the uniform tenor of his conduct had been to bring about reconciliation ; the desire which he had expressed to bury in oblivion all that had happened ; and his complete indulgence, so far as was compatible with justice, to all those who had been engaged in the rebel lion, he was surprised that a more favourable construc tion had not been placed upon the conduct of Sir Charles Metcalfe.—(Cheers.) It appeared to him that Sir C. Metcalfe was completely right in what he had done, and he was entitled to the entire confidence and the fullest support of the home Government. As to the proposal that he should bind himself always to act by the recom mendation of the Executive Council,whether that proposal in tended as conveyed in writing, or whether it were as a tacit understanding, he would, if he had acceded to it, have subjected himself to humiliation. It was the first principle bf the British Constitution that the Sove reign should he guided by the advice of the Minister of the Crown. But it would be quite a different thing if the Sovereign were to be compelled always to adopt that advice, or to contract an obli gation with a Minister under all circumstances to ask his advice ; any Sovereign who should contract such an obligation would become the slave of the Minister, and not his master.—(Cheers.) But waving that question, he would contend that there was not any analogy what ever, between the position of a Government and an Exe cutive Council in a colony, and that of the Sovereign and a Minister in this country. He thought that a Governor of Canada would be most unwise who did not minister to all local matters, and consult the feelings and opinions of the people, in his appointments ; and he (Sir R. Peel) must say that, with respect to all those questions of pa tronage, he thought the Governments both of England and Canada ought not to use their patronage excepting for the benefit of the people. He thought the Executive Council and the Governor were, perfectly distinct. He thought it was to the interest of the governed that the Governor should refuse to place himself entirely under the control of the Executive Council. He thought it was impossible to govern the Canadians on the same principles upon which this country was governed, The larger the country and the more extended the po pulation, the more easy the Government could be car ried on ; but in small communities he was not quite cer tain that the Government could exist in party there. It was possible that there might be a Government con nected with a most intolerant party. Let them take the case of the French party being in a minority, and the op posing party in a majority, in that case he (Sir P. Peel) was not quite certain that the Governor ought to adopt the recommendation of the ruling power in Canada. He thought that the Governor would have a perfect right to say that the appointment which had been recommended was one that would be offensive to a considerable party, although that party should be in the minority, therefore he should not make the appointment. He thought that itt. that case the Governor would be perfectlyjustified in refusing to adopt the advice of the Executive Council. The Governor was bound to admi nister the affairs of the country with impartiality and justice to all ; and, therefore, Sir C. Metcalfe was bound not to enter into the engagement which was required of him. But although he had defended Sir C. Metcalfe, it must not be supposed that there was any disposition on the part of the Government to withhold from the Cana dians the fulfilment of every engagement which had been made to them. He believed that the utility of the con nexion with Canada must depend upon its being main tained in perfect good will.—(Hear, hear.) It would only be a source of evil unless it could be continued with the good will and kind affections of the majority of the people of the country—(Hear, hear)—and it would be better that the connexion should be discontinued than that it should be maintained by force. He trusted that nothing had occurred in the course of this night's debate which was calculated to dispel the unanimous desire that had been manifested to support that able and distin guished man who, under the pressure of severe suffer ing, was now attempting to diseharge what he felt to be his paramount duty to his coun try ; and he hoped that nothing had passed that night which would induce the people of Canada to show any feeling of ill temper with respect to the Go vernment of Sir Charles Metcalfe, for he believed that it was the firm determination of Sir Charles Metcalfe, and he was sure it was the anxious wish of the Government at home, that the government of Canada should be conducted in a fair and impartial spirit, and that they would seek for no power or patronage except such as was for the good of the people of Canada, and which would enable them, when the time arrived, to maintain the connexion between the two countries, if it ever should be found necessary to maintain that con nection by force. An impression appeared to prevail in the House that a vast majority of the people of Canada were adverse to the government -of. Sir Charles Met calfe. Now this he (Sir Robert Peel) very much doubted, for as far they could collect pub lic opinion from the addresses which had been presented to Sir Charles Metcalfe, it would appear that he had shown that temper, that discretion, that judg mnecnnt n , c a i n l i d a ttihnagt the fir goodmnes wills, which iocfh the would rnai ultimately rity n of the people i of Canada. He (Sir IL Peel) held in his hand ninety three addresses which were presented to Sir Charles Metcalfe, even at the commencement of this unfortunate dissension, and ninety of those addresses were in favour of his policy, whilst only three were against it. He trusted it would still be seen by the people of Canada that it would be most difficult for the Government to find a successor to Sir Charles Metcalfe, who should be more competent to administer the affairs of that country, or one who would conduct the government of that country in a manner more calculated to maintain the union between Canada and this country, or one who would more desire to uphold the interests and conduct the government in such a manner as to increase their prosperity and confirm the connection between the two countries. The report of the Committee of Supply was brought up and agreed to. The Charitable Loan Societies (Ireland) Bill was read a third time. The New South Wales Bill was read a third time. The Customs Duties (Isle of Man) Bill was read a second time, *and ordered to be committed that day three weeks. The House adjourned at a Quarter to One o'clock. NEWLY-INVENTED SPECTACLES, OPERA GLASSES, TELESCOPES, MICROSCOPES, &c.—Messrs. S. and B. Solomons, Opticians, 39, Albemarle -street, Pic cadilly, have succeeded in effecting a most scientific Im provement in Spectacle and Telescope Lenses, Sze., of the greatest transparent power. The extraordinary advan tage derived from this invention is that vision becomes preserved and strengthened, and very aged persons are enabled to employ their sight either by day or candle light at the most minute occupation, and can see with those Lenses of a "much less magnifying power nor will they require the frequent chan g es to furth er helps , as the Spectacles now in common use. Also, newly invented Achromatic Waistcoat-pocket Telescopes and Opera Glasses, which aro invaluable at the sea side, aria on the race-course, as well as at the theatre, &c. 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SINGULAR DUEL. —A curious duel has just taken place near Mayenne between two women, one armesl with a sickle and the other with a shepherd's crook, with which they laid about them. most intrepidly. One is said to be grievously wounded. SOCIETY or DANCERS. — We understand that Mr. Bunn has given his permission for a performance to take place at Drury-lane Theatre on Monday night, when there will be a benefit night, the proceeds arising from which are to be contributed towards the funds of the Society 'co Dancers, for the relief of aged and decayed members of th a" profession.