The Express.
London, England, 1849-03-27 00:00:00

of the people. When their lordships were called upon to
review sad pass judgment upon the conduct of b-
lies sesemblies, that turned to him a p no less
semi than inexpedient. (Hear, hear.) illuterto he be-
lieved that every succeeding administration is this
'matey bad endeavoured, in their mingemstat
of the coloake. to exercise their power with the anima is-
partiality and justim, to *ow so leaning to owe party or the
other, but as tar as pew ile.c to moderate the names cr the
politieal mum which too Ire guest,y took plow. Bat
when the advisers of the crown had sot thought At to ma-
trel overrule the decisions of reproseetatsve bodies, Ow
were to be celled spas to ticked their soadmat, and to urge
!Maus for not *owing to nerreise that authority, then it
was hardly possible with any mama of predeses and dis-
cretion on their party to avoid skim themselves up with
tie digresses, d one or other of the comedies' parties.
Whim free institutions prevailed, all 'umlaut mond that
=metals would take place. We knew from the earliest
that each was the esse. Bat U the divisions which
Is tie eeknies were te be extended here, and
sf the rival pettier in this country were to adopt
Menai pslides on the one side sad also on
the other, look at tiro result. Suppose a change
administratioa muffed in such a case, seed sup-
pose the sable lord (S'asky) oasis succeeded to the
Coloaialsofilm, wee it possible that, adopting thew pollees,
gad trucking the power so entrusted to him, the WM m-
adame would be repored in him uif he were entirely free
from that political bias ? Again, if he (Hee Grey) were
compelled by the arguments of the noble lord to state folly
his opiaine with referent to a minority of the colonists,
wee it possible that mks or less he should not be miring
himself up with*. party views of these individuals 1 There-
fore, he °widowed it had hitherto bees a wholesome rule,
sad a rule that he was now terry to see infringed, that the
ems of party warfare in the oinks should not be fought
over agate In that house. (Hear, hear) Ho had
been led farther than he intended on this point
He wee adverting to the preetkal proof afforded
by the pumas state of the colonies of the rukrios of those
general pringlidm of administration he had laid down ; but
the noble bed MI ailed on his to look lot road Nova Scotia
sad la Moped Canada. Deeply did be regret to hear from
the aside kW VIM measures were now in progress in Canada
for the estatmetisa of those who took part in the rebellion
in that maim for the noble hid ought to know, if he con-
salted the map desemrts on this subject which had reached
COestry. tkat thole by whom them measuru Were pre-
mised had utterly repudiated that construction of them.
Lord STANLEY said that he knew the contrary from Ma-
eda dommesen
Earl GREY observed that different documents must have
reeehsd the noble lord to thus which had been received at
the Celoodal-ollee. Besides, the ncble lord ought to recollect
that the resolutleas on the subject had not yet Dm passed.
- -

Lent STANLEY mid he bad seen the amendments which
had bees moved epee the. resolution., and also a list of the
ides; and be baled his information was not later than
that received by the noble earl.
Ban GREY stated that the votes of the assembly had not
been met to the Coloniel.office, but orders had been issued
this in fatten • list of the votes should be regularly tran►
mined to this muntry. rut it eertaialy did not appear, from
the latest WWW•paper he had seen, that the resolutions were
mod. The emmedments were considered, bat all the new
Wilms had net bus discussed, and • bill founded upon them
had not bum lebeimed. Most undoubtedly the bill had
net ism modiseed ha committee; and, therefore, for the
*ehla bed tow he that house, and prematurely, beiweths
MO had here dear considered or disemeed, I. put men •a
sopiesestatlenieblek was utterly disclaimed by iv andieser
was a emu of premed lex deeply iejudous to the ormecy.
(Ohms.) Its dodos en'irely disclaimed the eatendm el
rewarding MINS ce reb•Mos. What devoid issealitall
=thok geogeg remonstration a bill wee wed inym
to ompemate thou who bad imaged bate
the rebellion,• awl the nubby lord woe awes. did dieTtZ
was pissed wide a clause extending compeemlim te Arne
whose property had been destroyed by the mieeleMie, mist
a belief that they were the abettor of the sabeillen. Ie
authors further stated that they .trod, .yaws hAt
measure, believing that it was altogether MIN& bet Any
thought that if adopted in cannon judos and hessety
it would be asesatary to apply the tame rale
to Lower Canada. They also rid that their
predates:is, the late council, had hued a commission
to inquire Me the extent of the losses sustained, and that
they had been 'appealed w officially, to ascertain who were to
be secluded from moving any compensation on the ground
that they bad been participators en the rebellion. The
answer to this appeal was, tbat the decision of legal tribunals
was the only Met to which they could look for determining
who were rebels and who were not. (Hear.) He would
not go into the history of the rebellion ; bat this he might
observe, that jt was the opinion of many that as the French
Conadisameere at present loyal to the crown, their loyalty
ought not to be cooled or discouraged by a stsr chamber in-
gutsy Matituted now. He would also say that looking at the
speeches made sad the revlutions proposed, there wasnothing
enrestouble or monstrous in the doctrine propounded
in Canada. Lord Elgin, who at present hell the gov.rnment
of that country, whom, when he was selected for that govern-
ment, he (Earl Grey) hod never seen, and with whom he
had no connezioa whatever, whom he only knew by the
reputation he had left at the Cclonisl-office for his very
able and ea rgetio disposition of the affairs of Jamaica, and
whom, from that knowledge of him alone, he had advised
the Guess to appoint to the government of Canada—(hear,
bear)—of each a men be would say that ia that government
be had acted with such uniform judgment and discretion,
combieed with so much ability, prudence, and moderation,
that though be bad abstained from recording anything dß-
dilly about this incomplete transaction, he (Earl Grey) had
✓eek unlimited confident.* is him as to leave no doubt
that he had good reasons for pursuing the course
he had adopted. (Hear, hear.) He (Berl Grey) bail al-
ready said that the state of things in Canada wee • justifica-
tion of the policy he had teen endeavouring to enforce. This
was proved by a private letter he had received some time
ego from Lord Elgin. Ater polluting out venom dangers
and difficulties apprehended frogs the receipt of the sews of
the French revelation, the late events in Ireland, and the
efforts of the Irish sympa•hisen, as they were called, in the
United States, his lordbip went on to my that there was no
tar du revelation in Canada ; and that, although there had
been ems Irish excitement in the country, the people gene-
rally had protested against the introduction of Irish pikes
moss them. But was this all ? By no means.
The hem would recollect the J0(11141011 exer-
cised years ago by Papineau In Csneda ; but now
that individual, in moving various amendments to the
addn et and making speeches, one of them three hours in
duration, had been defeated by an overwhelming majority.
he having obtained only three votes out of • house of 78
members. (Applause.) When it was harm in mind that
Peplum', if he bad proposed amendments of the ease etta-
raster some time ego, would have commanded • majority,
particularly in as ressealily elected like that of Caned., epos
the broadest basis of repenentation, he (Earl Grey) thought
be had a right to mime that this was • satisfactory prom of
the practical effects of the system which had been adopted.
(Hear, hear.) He would now come to the cm of Mr. Fair-
beaks ; and he freely and at sea acknowledged that
this gentleman had been somewhat hardly dealt
with. But he had to state, in the fir.t place, that
Mr. Fabbasks up to the wet id of being appointed trimmer
had taken a may Mies part in Nova Semis politics in oppo-
sites' to those in power, and that he eyespot a little obnoxious
to thou who as esesied to the administration of affairs. The
noble lord (Snaky) had stated that Mr. Fairbanks had re.
caned the assimace of the crown that his office was not to
be taken from him ; and, certainly, it that were so, it would
be unjust if he were removed f anything but misconduct.
But sooty material pciat had been omitted. Mr. Fairbanks's
mventment to the plus was confirmed by the cove. I
What was the nature of that eppointmeat ? Load
Falkland stated in his deepatch that the temsurees
salary was smelly voted by the lmislature eel that
although no redaction had been =de in it 'be several
years, yet that from time to time pregeigillall
its diminution had been submitted. It appeemed, thee,
that at any moment his salary could be withellawn ; end, as
Mr. Fairbanks had been an active member d the assembly,
thoroughly acquainted with what had pared, be must have'
been perfectly aware of that fact. But this wes not all.
The noble lord (Stanley) had written • derpolde, in which
be said—" I should entirely approve of the efeebaest of a
law by the legislature of Nova Scotia for excluding from the
House of Assembly all persons engaged in the direct collec-
tion of public moony;" and it so happened that in Nova
Seethe Wm were two financial officers in the council, who
were also members of the Assembly of Lower Canada.
Lord Falkland wrote, in reply, that he feared the
assembly weaM set part with their power, but
that he thought he maid in part effect the object in view.
Now, as Mr. Tubbed' was filly eopt&eutt cf all these en-
eumetatices, the peewit assembly of Neva Scotia ato
be fully justified in saying Amanita& had fair erar of the
the
term apes whistles accepted ems. Besides, itwu stated in
tbe slum of the Obsession which took p'ace relative to his'
fie_. thew Melee valeasity gained the they
!Odd esealer Ms slam es • peli.W. one. He (Earl_ Grey)
felt ezbemedi that Mr. Fairbanks had, in the exercise
zi=sjsd.slMg right, presented the pretest petition,
I hid compelled these statements to be made
weep raludenßy, whisk it was to bi feared worldgreedy injure his future prospects. His ease, how-
ever, hid not yet been finally decided, and until
be (Earl Grey) received the whole 0., the papers, be could
not say
_what advice he would give her Majesty on the sub-
ject. (Hear, bear.) Haying thus explained the whole of the
eireunistancee, he believed he had now 'hewn that Mr. Fair-
banks bad practically held his office at the will of the assem-
bly, and that the crown had not opposed the power of con-
tinuing him in the enjoyment of his salary. If, having
heard these statements, their lordships should think that he
(Bari Guy) had acted erroneously, he should deeply regret
such a decision ; but, after haviote most deliberately coon-
&Ted the whole subject, he could only say that if he were
again pieced in a similar situation_, he should repeat the in-
stivetioss he bad already given. (Heir, hear.)
lard BROUGHAM begged to correct a very enestemi
Impression pervading the public mind as to the ends.t of
his noble friend opposite (Earl Grey). A perpetual clamor
was raised against him upon the ground that he bad gives
all sppointmenta to memben of his own family ; but Hut
was very unhanded. (Elm ) The GIMMICK of Jambe
woe named Grey, and he was conmantly called " one of the
Gory fauffg," bat it so happened that he was related to the
noble earl in the same manner as he was related to him
(Lod Brougham), namely, through their ant "nuts.
ILenei Mester.) He was sent out by Ltrd Liverpool's and
iced Cutlere.g'b'e government, in 1811, to Calcutta, and
from thence he went to Barbados, and afterwards to Jambe.
But while he was most maxim to do justi:e to the
noble earl opposite egainst charges wh*.oh he knew to be
unfounded, he must say with respect to the pre stet can
that, having listened with attention to the defence the noble
earl had made, his opinion was that Mr. Fairbanks had
been exceedingly ill-treat. d. The defence amountede4ir. e
to this, that the act was that of the nativity of the l

tin Assembly, and that the governor was no way respon-
sible. Why, the salaries away of the fonetioneries in this
countsy depeuded is the mats way as the nasal vote of the
Hesse a/Common The eabelen of setae of the judge" of
the Admiralty Courts wen Imbabd Y the navy estimates,
hot what would b: sold amain"' He late Sir W. Scott and
the t Sir S.
net lathiptluta whoa Me Fairbanks
be a mere warn—tesieg removed, sr their
lambs missed, became • of pramement Mel pins
and the panty whisk he empmeeril kigipenal to he la a mino-
rity, heolead sommemer4 amejority pellement ? There
11011111111111k7 rad of hb hind's (Lord Stanley's) speech
(mad be haw sell*, el tie ass ..seen what be had heard
that day) Rpm wile be wall top a word. Hs could not
but feel that then wail have been gnat injustice in distaise-
ivg one lounclad magistrates without any muse assigned.
fireesam.) Tsis hei assayed to be a still more important
of duty than the Ober. It eou'd not
be pleaded in this ease that dbe act was that of
the majority of the assembly. On the con•rary, it
was the act of the governor, who bad taken upon himself at
once to dismiss 100 'magistrates who had, he presumed, the
adieu, police duties and administration of criminal justice
whiff' devolved upon magistrates in this country, and who,
besides, had esclusivejuriedistion in all civil suits under
101., and to whom, as he was Wormed, fell four-fifths of the
whole civil beano of the colony. This did apwar to him
to be one of the most violent messureethet bad been adopted
in any colony, and the conequenee would be, if the same
system were to as wend with every clangs of government,
to convert the magistracy into politicians and political
traders, than which nothing could be more fatal to the aim"-
nistratioa of justice. What would be soli in this country if •
Lord Chancellor, on coming into ogles, wen t r combine
with the Home Secretary to strike oat of the commission
magistrates la the proportion of 100 in every 250,000 inhabit-
ants—what would be said if between 7,000 end 8,000 magis-
trates were summarily dismissed in one morning ? (Hear,
hear.) Without gran cause, a justice of the peace ought
never to be dismissed ; and that principle, which was
' admitted and acted upon in this country, should be equally
upheld in the colorise It certainly appeared to him that
the affairs of thot colony could not be nor dered in • satis-
factory state when each things could !radon. Without pe-
nal* to lay doWn general nisi for colonial government,
but approving generally of Lord Metealfe's despatch, this be
would say, that unless the government at home did exercise
net a virtual and general, but a oonstant practical and vie:
lent ruperiateadmice, and as effectual control over the local
assemb—if they allowed it to be seiginet that a governor
was erred on by the party in power—the tarty commendine
a majority at the time, either in his assembly or his council
—that that was to be a sufficient answer to all complaint',
and that the government at home was never to take the pert
of the sainority ( which might be tuned into a majority in
• few weeks, or even days), oppressed probably by the over-
powering will of the majority—if such•eoarcewae nottobe
reused andeheeked by the government at home, ke saw in
it a constant scene of the grossest injustice and tyranny,
and of greatest defter to the due administrittien of justice.
Earl GREY observed that the number of 100—the
magistrates whose saws wen struck off the 16t—was
side up by including parties who were dead, some
of them years before, and whose names were struck
out as a matter of course—out of the 100, probably there
ware 40 dead men. This showed how imperfect
was their knowledge of the facts, without which
it was lap enible far them to form a correct judg-
ment, or to come to • conclusion that should be
just to the governor and the colony. There was this differ-
ence between the case of the judges and Mr. Fairbanks, is
so far as the government was romeased—that they had the
power to appropriate the territorial revenue% to the payment
of the former it their Wain were not paid ; but, is the ewe
of Mr. Fairbanks, his salary had coned by the act of We
useably ; and, however hard it might have been to
that gentlemaa, the crown potent no power to
enutinse the payment. With regard to Sir C.
Orey, the Govern' of Jamaica, though he was
certainly not appointed on that ground, being of the
same name*, he believed he was of the same family, but the
relatiorehip was so distant that he knew not what it really
was. (A laugh.) There could be no doubt either that Sir
C. Grey had been • warm supporter of Lord Melbourne's
government.

Lord STANLEY said that it did not at all alter the prin-
ciple whether the umber of magistrates disatiased was one
hnadred or *hay.
The petidnn was then ordered to lie on the tab!e.
Thtir lordahipe adjourned at hall-past eight o'clock.

HOUSE OF COMMONS.—HONDAT, MAitcn 26.
The Brl4w to the chair et 4 ether&

PRIVATE 151:71UNIAL

REPORTS CONSIDERED.— Odd; irabratibritire
and Rerwiefortire Raids Amendlerst
THIRD REAUINO.—New Rams Port ad Tidersor (Aidadoent)
BIM

PUBLIC BUSINIBIL
BECOND RILADING&—Pr (Inland) BM.
- -

—yetis); Ifseinalfatini; linvisation;iikenalty;
Kr. J. EVANS (*se Est herd). At the loop.
this ef settheedes putts.—life. J. OWENILL. Item Nom her es
sawalmsst (Rae peer kw ; sad kat Lkewtels. ..sleet the egos
of Seraterkess sesp.—Mr. 01X11111. hem laseeeter, wenn say
altered= d the sentsaties Iwo—f. ICSAGHTEN. boa Si
maelf.Ankfm. soli Se site ehl.—As HON. NSW"
aping weer Amnon of t:lookstestass.—Wr.
PATlW"hsealms=rll in *Malty.
Sw identes to eethream.--ttr. TOW
NELL, ken Damp" fordr.liberaties of Si Rae. Nr.
lines —Mr. P. @QOM. As *Mesa. he a law is se-
ams s kst Mans bleur.—kr. LUSH:MO=I imbovi
kr the askilimest elbow wisides—Sk
km at Si sweedlstics of the dlemei
ermls.-11r. sewed alms
Its Si ad plies blemilemi ante.—Skr.ll4.l Stiltiandeftui
lassedelses. In the ems alket.-41r. NEINDIGATE. eon lir.
=l:tailbszongiuskas wary esta.-111r.BAINIS, frau NY&
tar She wise elks owners ef tewaasses.—Mr.
COODCI. Ilessa a gine he kw weenti of Ifesharats, trow kelwkette.
sad ether enws% kr a esdasdes el Si Mim
wini expatiates/a—Kr.
101111116 lo two time e dui Orslitlforri.
aim 111L-11r. 0111011111, kaa pese Wm alms at r4spach Pegier,
awl sem sear
beer
kr the
OrgeficisONlS. bah Newel * skald.
spiel the Ma la dd.
Of 1110M.Peass Mearreaoresa. btr. NET.
NOUN. den Iseher. to wave kr auk* seeredtw to Leone late
the shas dike pips seaseetastses ef Omit Velleis end md, end
the easalkaf the kw effeelegthstsroalsedes.
Comer llarsa—Str.llllllll. to Revs (des out sessail) he leave Is
beiag la skill to Mellish linked bonds is seta r smp the
es lay Nen k lea el the mesklestee.
lassaseasenaa Esserses.--Ifr.ll. KILN'S, as es sarahrest in
all MOW ellk. °ebbs. it Ibusday sot, Wi us. • hM k
dedrelie that woks &odd nee he kir see whit brio so.
eseseeenis ae pereant war and lissiehed; is, where this is set teas.
la iskse the eenksies poles* es este I
sin ties Mr s fell seseldseadesel the eels they see abut is wag
sod MeV feta el Neb. din
funnons 11. IMXIII. sew Direrr. sadthe
stenties of Os bens be the trialasest at *mks erkeisels. to
the limmtessis tessested with juvenile wise Is thls soantrr.
ORDER OF BUSINESS.
Mr. F. FREW R wawa whether the Rats is Aid Bill
would be prosseded with that evening, sad what was the
latest hour at which it would ba taken.

Lord J. RUSSELL —I do not propose to bring on the
Rate is Aid Bill later than ten o'clock. lithe committee
ea the Navigation Bill be concluded before that hoar, I
propose to bring it on. I may, perhaps, take this opportu-
nity also to state, that I propose to take the Navigation Bill
this evesing, and to go through calamine.. I propose that
the report should be considered on Monday next, and that
the third reading should be taken after Rester. With respect
to the Rate in Aid Bill, I beg to state that, if it is not pro.
ceded with tonight, I propose to primed with it on
Wednesday, and to go on with it en Friday till the bill
ha. been read • second time. I should propose,
on Friday, that the house go into committee of
the whole buss, for the purpose of moving that
• sant not exceeding 100,0001. be advanced on the credit of
the rate in aid for the distressed unions in Ireland. (Rear.)
If the committee of the whole hones should agree to that
resolution, I should propose afterwards that it be inserted as
'Oedema in the Rate in Aid Bill. I likewise beg to state
that I shell propose, on Monday next, that on Thursday, the
19th April, sad every alternate Thursday after that day,
order et the day shall have "preadittice of notices. I beg
likewise to give notice that, as Wednesday seennight, I shall
propose that the house at its tiling do silken= to Monday,
the 16th April.
Mr. STAFFORD.—Does the noble lord aim to propose
the vote of 100.0001. ea Friday if the debate on the wee
dreedieg of the Rate in Aid Bill be not then concluded ?
Lord J. RUSSELL.—I will take the second reeding et
the bill before the vote ia 'mantes; bat I will put it for
Friday at present.
Mr. ANBTET.—WiII the noble Iced state whether he
mesas to take any vote in supply to night ?
Lord J. RUSSELL.—I believe we shall require • vote on
moat with reference to the ordnance. That is absolutely
necessery.

Mr. BLANSY Mimi if the government could state the
time when sty bill would be introduced relating to the sani-
tary condition of the metropolis.
Sir o,oltElf was understood to reply in the anode..

MUTINY BILL AND MARINI MUTINY-BILL.
These Ms leaving pawed through theusittee,
Mr. RIME asked if they watained any new dawn.
Mr. F. /LADLE said be believed there were none in
either.

NAVIGATION BILL.
The hones that west into committee on Lila bill, IL,.
natent. is the chair.
On dame 9,
Mr. 0. SANDARS in.. to move an amendment, of which
• had given notice ; bet
The CHAIRMAN istormed him that it could only be
moved sea separate clause.
On the 19th (dams being put,
_ _

• Mr. RICARDO expreMed a hope that the retaliatory
camels would be re-oonsideeed or withdrawn.
Mr. LABOIJCHERE said the question had already been
fully argued. He coaceived that the power given by this
gigue was not a mere formal me, but one which was abeo-
lately necessary. Any compolmey system of reciprocity
would be wholly abortive ,• but to net it on the dbcretion of
the executive wee a mint desirable sr insure.
Mr. BANDARS said be bad supported both the present
bill and the bill of last session ; but he could not altogether
approve of these retaliatory gauges. He agreed wi.h the
principle of the bill, end considering that the country
was committed to the principles cf free-trade, he
thouibt it best that they should be carried out.
He supported the bill, bemuse sea British merchant, he 'l-
apin and rgaia the inconvenience of the present
w. (Hear hear.) He bad frequently purchased corn In
the north of Europe and elsewhere, which he was obliged to
keep at great expense sad inconvenience, in consequence of
the illikultyaf getting Rain* vessels to esnvey it. He bad
as Isar that the suritime supremacy of this country would be
endangered by the present boll, because predictions of that
kind were made twenty-three years aro, when the first
alteratiose were made in the navigation laws, whereas the