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

CANADA.-ADJOURNED DEBATE.

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The debate on this sutuect, adjourned from lbusaday, was
then resumed.

Mr. NICHOLL, after regretting that the matter had been
brought before the house somewhat by su• prise, said the
right bon, member fur Stamford Lad vlitown ante hesitation
in moviag his amendment, and had only 40110 so when urged
by numbers hes experienced than hiene:f. Had he (Mr.
Nicholl) been called on to vote last night, be should have
supported the government, not so ravch because he approved
of the course tee; Lai perswd, but because he thought the
house had been taken by surprise, and ago on the principle
that public officers should ba supposed to act right till the
contrary was ehown. Sill he was far from thinking that the
iv.ble lord at the he d of the government. ha I succeeded in
lathy-fog the steps which had teen taken by the
colonial gov.romect ; he had al.° declined to give
the assurance that parties actually engaged in the
relic Lion bh ull be excluded from componsati.n. By the
words of the act none were excluded but those who had
ac'ual!y been convicted of trsuon by due caurci o.
L-ird Elgin might easily have given inv.racelece to the alu-
m sei 'hers to make r limitatiora ; It Ins very doubtful
whether ho had now the power to do to. The preamble of
the act clearly showed th .t the only exceptions coutem-
pl ited were is those cues where convictioce fur treason 'tad
t tken pace. In his view, there was no authority
either in Lord Elgin or the Home government to
Inmate any other limitation titan that Seed in the pre-
amble. lie therefore lel, d that the reyal assent would he
refired to the ac.. conceived Lord Eh in must have
sanctioned it under the matakes idea that he hid toe peeves
el imps sing further limitte ions. This MI not appear to be
thecae ; and tor the rake of the byal subjects ut Canada,
he trusted that the act would nut be e Unl ea the
Att reey O-int ral a old satisfy him %list there was a further
goalie of limitation, he shout d minim the aual,ndment.
[A messenger from the Lords here brought down the
Transportation for freasan Bill, and other bills.]

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The ATTORNEY OisNERAL said it was not because
he wee not prepared to answ,r the qnestion tai: to him last
hight that be had not then risen, but bscsse he th,h,ht it
better (bet the hen. member lot 81.01,13 elooliiilr4 to-
pes-Is his views on the whole matter. It was rhea his late-,
tins, and was .ti I, not to enter into the gen!. I merits of the
qaestion,bot simply t iduchsrge the city of piecing tkfont the
ti use hnt construchen of the act. When split aled to on a
ma vs. of law. h • bit it his b ,unden defy to Kos Ter ,he
qu, riots without reference to the beariog of that
answer one side or the other, sod so as to avast
the house to a ,i4bt d vision en the matter.
Tot first quesnion put to him was, could the crown
gaaliy th, act? Unquestionably rad; the crown cool!
only adopt one of two cou,s-r,—,ither give Its assent,
or negative ttte act by wobh Idiag it. Were , crown to
eumeadi any condi i .n or mo Mallon to the am, that would
be to user;, the legipl tore authority of the co..any, the
provhce of the three ,stat• a of the realm. The second
qu eti n was, had Lard B gin, b; his acth,rity as
governor, power to give ioslructians varying the
sp4it of the act? To that the abetter was equally
plain. As Lord d his authority fraos at. nct of
the legislature, confirmed by the sanction of the crown, his
iostructions must t Bow his prover, sod the power must be
' wriedy ex-cute!. HorMg a d51e,..4t...d snatch itF, with vol.-
' tain quildiestons, be could not eac eat that authority, and
usurp to himself anything which the legislature alone could
do. He could not thereto!' vary, by hie ms, the
mehority cooferred on him, lard through him t, the corn_
nalssiosers, of investigating the matter. It was unneee.sary,
therefore, to refer to the different climes of the act, the