The Sun.
London, England, 1839-07-27 00:00:00

THE SUN, LONDON, SATURDAY, JULY 27, 1839.

to the Crown and respect to the Houk and the coun- '
try, the Government would hate called upon the flouse to
discuss some measure in pursuance of that special notification.
That House was just left to state and look, iapant; without
anything before its eyes to fill up the blank, except the
recollection that they had received a message from the
Crown, and had returned an address expressing their
readiness to act upon both, but that the Minister of the
Crown would not suffer them to act on either. There
ought to have been a correlative proceeding. A message
went to the other House, but no notice whatever was taken
of that message.—( Hear, hear.) Ho (Lord B.) was not
very great observer of etiquette—of any sort of eti-
quette—( Laughter)—particulary of etiquette between
the Parliament and the Crown, though he did not
think that immaterial; but, without being any very
great " doctor" upon these matters, he could not
help thinking it was somewhat strange that this was the
first time in Parliamentary history in which a message had
been sent by the Crown to Parliament, and no notice
whatever had been tai, en of that message from the time
it was delivered at the Bar up to the present time.
( Hear, hear.) What had been the course adopted. Down
came, first one Bill then another. No sooner had both
come down than it was said, one was to be pressed and the
other not—then one was to be put off for a year and was
ant to be brought on till some future—it was hard to say
what--Session. Well, it was against these circumstances,
and against these facts, and against these dates, and against
some other dates which he had not quoted, that the No-
ale Marquis had directed his explanatory vindication.
After a certain measure had been proposed to the other
House, it was read there, but very unexpectedly came
over from the Colony intelligence which showed that the
Colony of Upper Canada did not approve of the measure,
and therefore it would not be proper to press it that year.
Upon hearing that a multitude of reflections, some in
point of principle, others in point of fact, and all more
or less in point of consistency, crowded on the mind, and
bowildered it. First of all, that the Legislature of the
mother country should be called upon to adopt a principle
of staying its legislative course, was a somewhat startling
proposition at any time. But next, that in this particular
year, 1839, being the year after 1838—(a laugh)—when the
Canada Bill was passed in the face of the unanimous wishe
and desires and strongest passions of the people of Lower
Canada—that in such a year they should hold their hand,
because a vote had been passed by one province, when
last year they had abolished the Constitution of the
other provinces, was a still more startling pro-
position. But that the Colonial Legislature,
differing with the British Government on Colonial
policy should be able to stay all these proceedings which the
Imperial Legislature and the Government was pledged to un-
dertake and carry through in every way was so utterly unintel-
ligible, that unless it was meant to be said that what was sense
in a province, or a main land, was not sense in an island, unless
that was meant to be the distinction, it was to him utterly and
hopelessly incomprehensible.—( Hear, hear.) But, moreover,
why had they stopped legislation for Canada—why had they
stopped the confusion, as some termed it, the union as others
called it of the Upper and Lower Provinces? Why was net the
Lower Province to be consulted as well as the Upper? The
Lower Province was much more important than the Upper—it
was more populous, more wealthy, and more popular, and
yet not a moment's attention was bestowed on the wishes and
desires, and the excited feelings of the people of Lower Canada.
It was for the purpose of coercing Lower Canada, and over-
whelming the French Canadians in Lower Canada by the influx
of British from the upper province that the union was formed.
Lower Canada was never to be consulted at all, its wishes were
to be disregarded, and its reasons neglected, but the instant a
narrow majority of the upper, the smaller province protested,
that was said to be a sufficient reason for stopping short in that
cause of legislation which they had been so solemnly and so
repeatedly pledged to pursue. That was the sum and substance
of the defence of the Government. But sometimes from the
ruder and rougher individuals (continued the Noble Lord) who
carry on the concerns of nations—sometimes in a small
parenthesis, and in an under tone—they drop out phrases
which possibly I only put it as a +possibility which
peradventure throw more light upon the whole conduct of the
party than all the elaborate reasons, than all the prolix state-
ments
which have been formally put forth in explanation
of measures in question. " There were other circumstances,"
said the Noble Marquis, " just about that time, which made
it expedient not further to press the measure."—(Cheers and
laughter.) I believe there were.—(Continued laughter. )
There is no part of that statement on which I throw any dis-
credit. I verily do believe there were " other circumstances."
—( Hear, hear, hear, and laughter.) Just guess what they
were. We were desired to direct our attention to one parti-
cular point. What think you of withdrawing the confidence
of one House of Parliament from a Government that never
had the confidence of the other ?—( Cheers.) What if it
were withdrawn on a particular question relating to colonial
affairs—relating to the interposition of the
and it mother coun-
try?—(Hear hear.) What if it had just so happened
uthoatt Jamaicaextphedieenttorisk Billthe
losshad of
thbeeencanladosa Bill, which wast,
very likely to follow ?—(Hear, hear.) Well, it appears there
was great consultation, and great consternation, just about the
very time of the arrival of the news from Upper Canada; and
when the news from Upper Canada came the light dawned, the
clouds dispersed, the heavens opened, every hope was cheered.
—( Great laughter.) " Now, said they, "we have a ground
for doing what we have for the last two or three days, so
anxiously desired—now we have an excuse for putting off the
Canadian Bill—do not let us have another Jamaica Bill, for
we have had enough of Colonial Bills for one year."(—Great
laughter.") That does appear to be the grossest inconsistency
one can imagine—that they should be driven from one
measure because the Upper Canada Legislature did not
agree to it, when they had, because of the disagree-
ment of the Lower Canada Legislature, carried through as well
as they could a measure of coercion for the Assembly of
Jamaica. What is the plain English of all this ? Govern-
ment calls on Parliament to help them to put off the evil day
of another conflict upon the legislation of the mother country
on colonial concerns, by allowing the Bill to go over another
Session, and in the meantime aggravating the unconstitutional
measure, extending the despotic proceeding, enlarging the
Ministers' powers, which last Session they obtained from Par-
liament, before they had pledged themselves to bring in any
general and permanent measure. But how long is this to last ?
For what consummation of future events are we to wait before
that can be done which, on February the sth they told Parlia-
ment to attend to, and virtually pledged themselves to help
Parliament to do ; and which, on May the 30th, they
had, after three or four months' consideration of the
whole question, made up their minds upon and re-
solved to do what is the consummation of events
now in the womb of futurity, for which we are called on to
wait, before we can ultimately be enabled, we to redeem our
pledge and the Government to do their duty, according to the
speech from the Throne ? Anything that is likely to happen
in Canada during the summer ? Any change the. Noble Mar-
quis can fancy will take place before the meeting of Parliament
next spring? If there was any hope of that kind held out—if
there was any probability in the nature of the case of any
change of circumstances, or any specific event happening to
alter the present state of things out of which he says their
difficulty, real or fictitious, now arises, I could listen to it and
understand it. But there is nothing of the kind. We are de-
sired to wait till events, the most distant and uncertain
that man's imagination can conceive, can take place.
—(Hear, hear.) We are called upon to wait until capital
flowing into the province—social improvement taking place—
education and preaching performing their office—until the society
of the two colonies shall be so improved—until such progress shall
be made therein, that men's minds shall be changed, and the
progress of public opinion will be such, and the soothing effects
of events—no of time—( Hear, hear hear)—until the soothing
effect produced by a long lapse of time shall have enabled you to
hope for a better understanding with the Province of Upper
Canada !—(Hear, hear,l hear.) That's the budget of hopes,
expectations, and improvements, which the Noble Marquis
has opened to-night—(Loud laughter)--and on the faith
and credit of which he calls on us to approve of the conduct he
has explained, and has so defended. I therefore, my Lords, am
clearly of opinion the Government has abandoned its duty on
the Canadian affairs—that it has not redeemed the virtual
pledge given in the speech from the Throne—that it has not
redeemed the specific pledge given in the Royal Message—that
it has not brought forward the measure which it had framed and
adopted on the 3d of May. when that message came down,
and that it has been guilty of all those laches, all this neglect,
all this derilection of duty, all this abandonment of its office as
a Government (for that's the fact—it is no Government)—
(Cheers)—it is no Government that acts so—it has no right to
be called a Government that acts so—it may have the emolu-
ments, the patronage, the outside show, but the substance of
a Government it has not.—(Loud cheers.) It has not the title
to a Government—it has committed all these abdications (1
call them no less)—all these abdications it has committed, be-
cause after the fate of the Jaimaica Bill, and the Bed-chamber
intrigue which restored the confidence of the country and re-
stored the confidence of both Houses of Parliament—( Great
laughter)--and enabled them to continue attempting governing
the country—because after all that it failed, and was convinced
it dare not go on with this Canada Bill, and that if it had gone
on with it another vote of the Commons would have led to an-
other resignation.—(Cheers.) That is the plain English of
the matter—that is the explanation—that is the meaning of the
little parenthesis—(Laughter)—and whether it betters the
case of the Government or its defence, I leave respectfully,
but confidently, to your Lordships to decide.—( Hear.) Having
dealt with the second part of this question, I come now to deal
with that which is more important, though not unconnected
with the first part, because if a Government shows pie that an
unconstitutional measure is necessary, or that an extension of
large or unconstitutional power entrusted to its hands is neces-
sary to be continued, and necessary to be given—continuing the
powers andincreasing them—that would justify my vo!e on the
second part of the case, in favour of the present motion ; but
if 1 do not believe a word of the necessity, but that the neces-
sity stated is not anything more than a pretext—if Ido not be-
lieve that anything expected in Canada will tend to improve
Canada in its social state, taking that in connection with the
gross dereliction of duty on the part of the Government, and
their bringing in this arbitary measure, then I call on the Go-
vernment to do their duty at last to the province.—(Hear.)
The first clause was exceedingly proper, it threw out the mea-
sure of last Session. It appointed a Council of twenty instead
of a Council of five. The Noble Marquis, however, was in
error in supposing that the former Bill limited the Council to
five. By that Bill the Governor had a power of appointing a
Council of twenty or of fifty. The proposed measure, there-
fore, did not enlarge the powers of the Governor, it merely
fixed the minimum at twenty instead of at five, or more strictly
speaking, it fixed the minimum at eleven, because although
twenty must be appointed, eleven only need attend to act. But
now came his objection to the Bill—the second clause. He
did not believe that even the proposers of; this measure them-
selves were fully aware of the extent of this provision, or un-
derstood it accurately, because the argument of the Noble
Marquis would be satisfied by a measure entirely differing from
this second clause, an amendment to which he now gave no-
tice he should propose in the Committee.—( Hear, hear, hear. )
What did this clause propose ? By the former . mea-
sure, under the provisions of which his Noble Friend
had assumed the Government of Canada, the Governor and
Council were only empowered to make laws which should end
with their own existence. These laws could not possibly con-
tinue in force beyond the Ist November, 1842, unless they were
re-enacted by the constituted authorities, they could endure
for no longer a period than the period of the dictatorship.
Ile used the word dictatorship without any meaning of disre-
spect for his Noble Friend ; because he felt assured that if
there existed one man who could more safely than another
be entrusted with dictatorial powers. it was his Noble Friend,
on account of his honour and integrity, and his known attach-
ment to the principles of civil liberty ; but he made use of the
w ird merely for shortnesss. It was most properly 'considered
that the laws enacted by a dictatorial power should last no longer
than the power itself lasted to which they owed. their being.
The dictatorial power would expire in 1840. In order to pre-
vent confusion,
santwlhtioehgivtey
ehtli might deem requisite, thesee.constituted authorities time to
enact
laws were permitted to exist for: two years -longer but in
the year 1842, all these laws thus enacted by the dictatorial
authority must of necessity expire, except they were re.enacted
by the constituted authorities. But this Bill gave the Gover-
nor,avho was nominated by the Crown—removable at, the;plea-
sure of the Crown—bound by 'the authority of the Crown—
with the advice and assistance of any eleven persons as his council,
,yvyla lucre. againated by..the...Crown.— power-to: make : laws
fur this'colony which were to last for ever. But it was said they