The Express.
London, England, 1849-06-16 00:00:00

real question befog what was the true intent and meaning of
the act. If it authorised compensation to everybody larder
all Mecum:masters, the commissioners must give it to all who
claimed ; but if the =mining of the act, in which the pream-
ble was embodied, Wit that a latitude and a discretion should
be given to the commissioner, and to Lord Elgio in his
instructions, they must of course act according to their
authority. The house must thcre'ure go back to the
preamble to ascertain the meaning of the act. He was sur-
prised that tho right hon. and learned gentleman should
have dealt in general assertions, without considering how he
would have put his views on Paper had he had to frame
an ea for this purpooa. Ile said it was an insult
to the crown and to the loyal inhabitants of the colony that
compensation should be given to path s who had been in re-
belle n. Would he have said in the act that compensation
was only to be given to panes who were not rebels ? Would
he have substituted prima facie evidi nee for strict legal
proof ? Were men to be col d mned es rebels who had lot
undergone a strict trial ? And was the burden of proof to
be shitted, and a man required to prove himself mot a rebel
in ord. rto entitle him to compensation ? It was utterly im-
racticeble to pen the statute otherwise than had been done.
The preamble was most c mrectly draw a , and he wuLlel ex ph in
its meaning. There were certain j artier who hod been we-
victed of treason ; their blood was corrupted, they were at
tainted, and coesequently disqualifie 1 from recaiviug any
compensation for lenses ; they were therefore excluded) alto-
g•-ther without any inquiry. It was said the weed conviction
must mean convicti n in the c .mmon law courts ; but if the
courts-martial to which allusion had been made in the former
debate bad been duly constituted on the suspension of com-
mon law and the pr clannetion of male ial law, their convic-
tions of high treason would be good. Where the delinquent
was charged with high treason, and conviction followed, the
penalties would attach ; but where the parties had not been
Indicted it might be difficult t o know what was the nature
of the charge, therefore a diff- rent expression wits used in
the act. It a man were charged with treasonable practices,
and confessed too high treason, the uncertainty was ewe I ;
and the moral effect was the same—he was exclude d from
the compensation. Therefore the effect of the provision was
th it all who were legally ineopacitatei by conviction,
or morally so by their confession of a capital offence,
should be at once excluded from the inquiry, snd
no question should be eivertained about their lows.
The set declared that the se who tuff, red from "sn unjnst,
unnectstary, or wanton destruction of their dwellings, Re."
should he compensated. It might happen under t here words
that a mon who was a rebel, in fact, might receive compen.
satin. But the same thine might happen likewise though
they were expressly to declare that no man who was a rebel,
in fact, should receive compensation, because in titter CRS,
the comp wation must Aemnd on the amount of proof diet
might he adduced. But he thought the mode adopted by the
act was the most delicate way of ezeludieg tho e persons
who were not entitled to compensation. (Bear, hear.)
How would it be possible at the present time to ai certain
who were in rebellion without creating courts for the purpose
of convicting them, for no person could be properly a xctuded
by the prima
:fade proof of the right hon. gentleman.
Uni'er the words " an unjust, unnecessary, or wanton de-
struction of prsperty," a much greater latitude was given
to the commissioners, because they might now pause before
they eenv:cted men of rebellion, however grave
a suspicion of it might rest upon them. lie
thoneht this was a better course than that they
shautd by a eke wind, on a matter of pecuniary vim-
permation, convict men of the grave offence of rebellion.
(lie ar, hear.) He had endeavoared to exolain, to the b sat
of his ability, his view of the act, and he would not enter
into the general eubject, no that would be handled by other
end abler hands. (Cheers.)
Mr. 11. DRUMMOND said that in plain English the
present motion was nothing more nor less than an address to
the crown to dismiss his noble friend (Lord Elgin) from the
government of Canals, by which they would put an end to
the ministry there, and posy'ly weaken it they did not des-
troy her Majesty's present government in this country. The
question was introeue-d in am rot extraordinary way, fOr one
right hon. gentleman brought it forward in a speech without
a motion, and another right hon. gentleman followe 1 it up
by making a motion without a speech. (Laughter) Toe
right h-on. gentleman justified the aterfe-euee of part emelt-
on the ground that this was not a local but an imp. riol
question, but he had never once adduced any proof cf it,
being en impe: ial question. (II ear, hear.) The logic of
the right hue. gentleman Mal this—rebedion is not a
Leal offenc ; ergo it is an offei.ee against the
soy- reigaty of the whole empire; ergo, this is au imperMl
offence, and so the right hon. ge ntletuan conduit:tit with has
Q.E.D. (laughter.) Ho thought the tnl7 safe condect
for him to pursue was to leave this question in the hands of
Lord Elgin. (Hear, hear.)
Mr. V. SMITH, after referring to the debate of last
Light, and to the ettempt of the right honourable
member for Stamford (Mr. Ile cries) to obtain a
temporary triumph by means of an unexpected divisi .n, said
' that ebb question embraced a mush wider fi..11 of dieemsitte
than had been assumed for it. eilher by thu right hon. an 4
learned gentleman opposite, or the hon. and learned ;rend --
man neer him (the Attorney-Oeueral), tor it involve d this
most important censideratim, whether there was be re-
sponsible. government for the c
Mr. HUME said that it was not often he had to praise the
Colonial-uffiee. lie hai more frequently reason to cam
plain of it; but on the present occasion, I e thought
they had tak- n the proper course, and that they ought
in future to pursue the same course towards all their colonies.
The right hon. gentleman admitted the peen iple of respon-
sible ;covenant:AA and allow, d a departure from it only in
very rare instances. He did not think that the right hon.
gentleman had proved that the present cese should be mode
an exception from the general priamole, for he had taut shown
how this lieu become an impetial question. He was glad
that the noble Lori on this oecesioa had so boldly and clearly
maintained the position he laid down is his despateh to Lord
SO. üban, and that he was determined to carry out his
views. The noble lord at the head of the gm cement de-
served the public gratitude for the course he was taking on
floe sul.j.fet, a course alike calculeted fur the welfare et the
province, for the interest of the empire, and for the
honour of the crown. Indeed, there cmed be nothing done
for the interest of Canada which would not be to the henuur
of the crown. If parliament were desirous of retain-
ing this most valuable possession, ell it had to de
was to allow t' a Canadians to conduct their awn
affairs, and to manage their own resources in the manner
they should deem most advantageous.
I Mr. NEWDEOATE stated his determination to support
the motion of the right honourable member for Stamford.
S'r W. MOLESWORTH said that he would oppose the
I motion of the right honourable member for Stamford few
many reasons, m st of which head been ele irly stated by the
noble lord (Lo d J. Russell) in a manner which showed that
he was thorouehiy cane rant with coloatal affairs. Hs was
of opinion that the eobanies could nut be wells merned,
and that the colonial subjects could rover be con-
tented until a change was made in their colonial
policy, and until a proper system of legislation
was clearly and distinctly laid down. The ques
tion, however, in this case was whether such a case of
interference ha-I been made out as rendered the Rcbollion
Losses Bill an unjustifiable proceeding. As for the speech
of the right ben. member for Stamford (Mr. Merriest, it eras
one which ought to have been delivered th • Assembly of
Canada, and if it had, it would have satisfied him if he were
a member of that assembly that ho should have voted
for some of the amendments to which he referred;
but it by no means satisfied him that the im-
perial legislature should disnllow the decision of
the representatives of the people of Coombe. It appe wed to
him that if the imperial p arliament aid interfere and dis-
allow this bill, it would in effect ba guilty of what migit be
called a breach of faith to the colonial government; and he
considered that ouch a br, aeh of faith would be a far greater
evil toan any payment of a few rebels which mieht take
place under this bill. He maintained that this bill for Call-
penesting losses sustained in Canada was nothing more
than a necessary e inmqueece of the instructions which
had been given by Lord Stsacley to Lord Metcalfe
in the 3fear 1844. In consequence, Lord Metcalfe prepared
a bill for the purpose f compensati -g rebellion losses is the
province of Upper Canada. Th et bill was passed by the
Ass nobly, with a pledge that a similar measure should be
passed for Lower Con .da. And he conceivel that this set
was the fulfilment of that pledge siren by the Governor and
the Assembly, and sanctioned by the imperial government
If the imperial government were to rescind this haeawtre, it
would be no hing but a breach of faith. He
would coil attenti -n to despatch of Lord Metcalf, dated
the 7th of March, 1844, with which he transmits 'o Lord
Stanley a pttition from certain inhsbtants in Lower Canada
praying for the haematite-ration of those who suffered in the
rebellion, and in which he says that the prayer contained in
th- petition deserved earnest consideration, as the petitioners
had a just clam, and as there had been too much delay in
doing them justice. Lord Stanley, in another dee-etch,
says that the act passed in Upper Canada was intro-
tburd for the purpose of indemnifying tho'e who susteim d
losses duel 'g the rebellion. Got these erotic& he
had no hesitation in giving his vote against the motion of
the right hon. member for Sta-..f.wd, and concluded b; ex-
per sing his opinion that it was a matter of paramount int-
pei tanca that the imperial pa-liement should cease to believe
that it was in' illible in matters respecting the colonies, that
at should begin to understand chat it was necessarily ign meet
of colonial aim, and s toilet not attempt to rescind the
&Tier' en of the representatives of the people cf the colonies.
Mr. ANSTEY, in supporting the motion of the right hon.
member for Stamford, said Out, though he felt that a loyal sub-
ject in Cann 'a had a right to support the crown in return for
the protection which ho rec.deed from the crown, he thoug't
it cruel to tiX his property, in outer to make compensation
for any lasses that may be sustained by thine who rebelled
against the law, and which may have arisen from the sup-
' period nof an insurrection. He wan astonished that no
wem'eer of the government who had spoken hat said one
wod in reprobmien of the rebellion of 1837, and not one
wend in favour of those who had made great roofless for
their 1 syalty. Let them compare 1837 with 1812, and they
would see what this lain -ntehle system of emcees lon to trai-
tors and insult to the loyal had resulted in. In 1812 there
were 80,000 Canadians engaged in stemming the torrent of
rebellion; but at this moment there were upwards of 40,000
Canadians enrolled in Hunters' lodges and other secret
socioties ; and he was convinced that at this ma-
meet the majority in that a3untry were ready to whistle
their allegiance to the winds, and throw if what
they called " the British yoke." Humble i-dividual as he
wan, he must protest against measures calculated to produce
such a result, and for that reason he should support the
amendment of his right hon. friend.
Mr. MACGREGOR thought if the bill went hick unease-
tinned by this country to C tallia. it would excite feelings of
diseust and hostility in the mint's of those who were now
loyal and peaceable subjects. Mt approved most heartily
of all that the Canadian government and Lied Elgin
had done. He fully believed that the Cana liana would look
after th) disposal of any funds reused by taxation upon them-
selves; and if we were now to interfere, it would b., is his
Opinion, an act of oppression and injustice. (limn)