The Sun.
London, England, 1839-06-04 00:00:00

EVEN ING EDITION.

! opinions, from the members of the Assembly. There thus
Frew up a con-tent onvosition and irritation bete. cei,
tee members c.l the Assembly chosen by the inha-
bitants of the Lower Province and the British majority
in the Legisative Council. It was found, however,
.drat this mode of pro's:, eding tended ultimately to dissen-
ts;on and disunion ; the provincial business could not be
" carried on, ard the Governor was obliged, year after year,
to report the failure of the measures which had been re-
commended to him by the Secretary of State. At length
the Committee of 1828 was appointed ; the propositions
1
of which were fairly adopted by the House; and
the Government had determined at that time to
grant every thing in fairness and in justice to the
Assembly of Lower Canada.—(llear, hear.) But the
Assembly, elated by their former triumphs, and thinking
that there was now no obstacle to further proceedings,
made demands totally incompatible with the relations be-
tween the parent state and the celony--demands which tended
to deprive the British inhabitants of all power, to deprive the
representatives of the Crown of all centre], and which in
fact established, under the name of a " province" a French
independent state in Lower Canada, Britain having only the
burden of supporting her fleets and armies, to protect the
colony—or rather the republic—against foreign aggres-
sions. In consequence.of these proceedings in 1837, he
had proposed certain resolutions to that House, which, after
long debates had been adopted by a Brea' majority, those
resolutions negatived both propositions of the Assembly
of Lower Canada, stated the House would not agree
to their demands, that the House would provide
for the payment of their servants of the Crown, who hid
been left for three years unpaid by the Assembly. These
proceedings increased the irritation and discontent among
the leaders of the Assembly, which became so dangerous
in the eyes of Lord Gosford, that lie felt it necessary to
issue warrants for the apprehension for high treaaon
against several Members of the Assembly, who with few
exceptions left the country, and that rebellion took place
which gave rise to the Act of last year. In consequence of
that Act, and under its powers, Lord Durham was sent
to Canada. He remained there no very long period,
and considering the different details of Administration.
and the immense amount of business which devolved upon
him, the attention which he gave to the general state of
the province showed that if he had been enabled to re-
main the time originally contemplated, they would have
received from him a satisfactory account of the measures
most advisable to be pursued. The report of Lord Dur-
ham described at length and in forcible language the evils
of Canada, and the source of those evils, drawing, he hoped,
too strong a picture of the animosity existing between the
two races, French and English. Ile now came to the
question of the remedy ,of those evils, and be-
fore he stated his proposition for the re-union of the
two provinces, he would beg again to remind the
House that the chief evils against which they
had to contend appeared to be derived almost directly
from the separation of the provinces; one evil consequent
upon this was, the predominance of the French in the
Assembly, and their consequent refusal to make any
alteration in French habits, language, or tenures, and their
refusal to do anything for the encouragement of Bri-
tish enterprize. The fact was that this measure
had shut up the French, as it were, in an en-
trenched camp, and gave them the artillery of a House
of Assembly, and how could they be condemned for the
use of the weapons which had been furnished them ? An.
other evil of this separation was, that the inhabitants of the
Upper Province were thereby disabled from opening a di-
rect communication with the sea, which was deeply adverse
to British interests, and had forced them into a commercial
connection with the United States. This was shown in
the address from the inhabitants of Montreal, from which it
appeared that several works of great public utility, particu-
larly the St. Lawrence canal, which had been planned by
the inhabitants of the Upper Province, had been entirely
frustrated by the anti-commercial policy of the French Ca-
nadians. Thus the Act of Separation caused political dis-
sensions in Lower Canada, and arrested all enterprises of
public utility in the other Province. It would seem,
therefore, that the proper remedy for these evils would
be to remove that separation which had caused them.
There had been other _plans proposed, the objection to
which he would take this opportunity of alluding to. One
plan was to continue the present unconstitutional power to
the Governor and Special Council of Lower Canada, of
raising taxes and of making laws. He thought that any
longer continuance of such power, with a prospect of a
return to representative Government, would be most re-
Pugnant to the feelings of a people who had once been
governed by a representative Government, but above all,
repugnant to the feelings of those who had long been in
possession of Colonial Assemblies. Besides, throughout
the whole continent of America, there is no instance of
despotic power being lodged either in the hands of one
individual, or of a small body of men ; even the provinces
anciently belonging to Spain, had acknowledged the
representative principle of Government.—(Cheers.)
And he thought that if a Colony containing a
Population of 150,000 of British descent should
1,7 attempted to be governed without consulting the wishes
: the inhabitants, a spirit of discontent would grow up
proposed by the late Lieutenant-Governor of Upper
Canada,
which was to unite Montreal and its district to Upper
and leave Lower Canada to a different form of
.?rernment. This, although apparently of service to
Upper Canada, would not be so in effect; because although
the interruption to the trade by the French Assembly of
of Lower Canada would not take place at the same point,
the lame spirit of obstruction would exist, and as regarded ,
Lower Canada, that plan would still give in the Assembly
of Lower Canada a majority of French Canadians ; and
after what had happened, and the continued refusal of the
Legislative Assembly of Lower Canada to legislate, unless
power was given to them incompatible with their situation
as colonists, and destructive to' the interests of British
subjects, the population of Lower Canada would not
letie.tly submit to the domination of that Assembly.
Lot:Zcould neither establish arbitrary Government in
Conte
eat' Canada, consistent with the general principles and
ntment of the provinces, and if they could not re_ blish
to
the Assembly with its predominance, he knew not
What plan they could resort, unless by the union of the
two provinces, to give to the British population of Upper
Canada and Lower Canada, and to the French population
of Lower Canada equal and fair inAitutions, by which a
representative system might be guaranteed, and by which
all the means of promoting the prosperity of both pro-
vinces might be fully obtained. Thus he arrived at this
general conclusion—first, that if he looked at the history
of what had occurred since the Net of 1791—if he looked
at the evils which had arisen in Lower Canada, he was led
to the conclusion that these evils had flowed from the
separation of the provinces. If they looked at the
remedy, and saw that it was necessary to lay the founda-
tion for some permanent settlement, any proposition
for that settlement would fail unless it was for
the union of the two provinces. Therefore by con-
sidering both the evils and the remedy, he was led
irresistibly to this conclusion. There was another scheme
of a far more extensive nature, and which had been aban-
doned by its proposers : he meant the confederation of all
the provinces, having each its separate assembly, and one
supreme assembly over the whole. On that subject, a
Year and a half ago, be consulted Sir James Kempt, who
isid he was convinced that such union would be impracti.
cable ; that it would lead to the greatest inconvenience on
the part of the representatives of New Brunswick and
Nova Scotia; and that he would dissuade him (Lord John
Russell) from entertaining any such proposal. Lord Dur-
ham went out very much disposed to consider every plan,
and perhaps with a leaning to the union of the provinces,
but he was led to the conclusion that he could not recom-
mend such an union. It was now necessary for him (Lord
John Russell) to state shortly the principles on which
the meditated union was to be founded. One main
consideration was in what manner the representation
was to be formed—whether by giving each province a
certain number of members, or in anyrother manner. It
Was the opinion of Government generally that they ought
not to lay down any precise number of representatives for
Lower Canada and for Upper Canada and that they
ought not to lay it down as a principle that population
alone was to be considered. It would be necessary in
forming an union to consider all the matters of populas
tier, and territory upon which a good representation might
hereafter be founded. It was proper to combine territory
with population, and lay down as a general basis that they
Would combine these two principles, and give a repre-
sentation that might not be exactly suitable to the amount
of population at present, but would in the course of a few
years. Now taking this principle it was a great advantage
that the effect of it would be to give a greater weight to
the British inhabitants of Lower Canada, because he
considered many of the evils of Canada had grown
from the extreme jealousy of the French inhabitants
at the introduction of new laws and new enterprise
itito their province ; and he thought the true policy of this
country was, to give a British character to the whole pro-
vince—( Hear, hear)—to allow British laws and regula-
tions to have their free scope, and to take care that the
French were not oppressed. This was a general principle,
which could not be carried into effect by any Bill that
could at this moment be introduced, because it would re
quire inquiry upon the spot. There was one portion of
Lord Durham's Report to which he would immediately
advert, in connection with this subject. He proposed that
there should be power given to the Governor of suspending
by proclamation the rights of electoral districts, in which
disturbances had taken place, stating the specific grounds
of his determination. That appeared to him (Lord J.
Russell) to he very objectionable. It was better to adopt
some general principle, such as that already mentioned, and
delay the carrying into effect of this legislative union for a
considerable time, rather than incur the danger of introducing
the representative principle with such exceptions or running
the danger of giving representatives to ehstricts which had
lately been almost universally in insurrection. It appeared
to him better to postpone for a period the calling together
of any Assembly for the two provinces, and he therefore
proposed that no Assembly should be called together till
1842. It followed as a necessary consequence that the
Powers granted to the Governor and Special Council
should be continued. He would now go through some of
the proposals contained in the Report of Lord Durham,
which he greatly regretted had not been more developed.
His Lordship proposed that there should be a Local Go-
vernment, subordinate to the general Legislature, which
should provide the rates and tolls for the purposes of roads,
canals, and ether works of a local nature. He proposed
there should be a Supreme Court of Appeal fur all the
provinces. This must necessarily he reserved for a
separate Bill. With regard to the constitution of the
Legislative Council, the Report did not contain any
very di finite proposal. The best mode would be
esi
some
hmeer
ptohpaut l
atrh ea s
„.peemr libel
yn, appointed
placedto make it necessary
should be a member of
in some office by the Crown, which might serve as a proof
that he was a person whom the Crown had thought fit to
entrust in former times.—( Hear, hear.) He should pre-
ppie with regard to the Crown revenues that the As-
sembly should have the power cf applying them, provision
first being made for an adequate Civil List. It was CVi-
Cnt that the disputes which had arisen between the Crown
and the popular Assemblies, on the ground of the applica-
tion of money, could only be stopped, if they could be
'topped at all, by complete confidence on the one side and
on the other. There was another point which was of the
greatest importance, and upon which Lord Durham had

the Governor of Canada to be placed in a situation
superior to that in which the Monarch of this empire was
placed 2—( Hear, hear.) Unless the Legislative Council
were made elective there would be no possibility of car-
rying on the Government of Lower Canada, if the Coun-
cil would not yield to the general feeling of the Province.
He (Mr. Hume) did not object to the first resolution, he
thought it would he productive of benefit, in the present
state of parties in the Canadas, that the provinces should
be united. But he did object to the unfair principle which
the Noble Lord had hinted at, but had not very clearly ex-
plained, as to giving a preference to the British popula-
tion by some influence of territory, a principle which wculd
be peculiarly unjust when the colonies were united, and
when, consequently, the British influence in the Upper
Province would effectually control the opposite party in
the Lower Province. He therefore did earnestly protest
against the principles laid down by the Noble Lord.
Mr. GOU LB URN moved that the debate be adjourned
till Monday next.
Sir R. PEEL remarked, in commencing, that if he
spoke now on the question of the adjournment, he should
not forfeit his right to speak on Monday upon the main
question—( Hear, hear)—though the lion. Member for
Kilkenny had just missed it.—(Loud laughter, in which
Mr. Hume joined -heartily.) The Right Hon. Baronet
then proceeded to say, that to-night he had received the
first intimation that the Government was not prepared to
bring forward any actual legislation as to Canada during
the present Session.—( Hear, hear.) He certainly did
not wish to press the Government for actual legislation, if
they had good reasons for abstaining from it. The Noble
Lord, indeed, bad stated that he had recently received
accounts from Canada, confirming the apprehensions which
had previously been entertained of the impossibility of le-
gislating for the colony. He (Sir R. Peel) hoped that this
information would speedily be laid before the House.—
( Hear, hear.) He was now speaking at a great disadvan-
tage, without that information, which he considered
essential to an ultimate decision. And though
he might state some grave doubts which he entertained as
to the creme proposed by the Noble Lord, he should feel
himself quite at liberty, after he had received further in-
formation, to alter his judgment. The Noble Lord then
proposed that the House should abandon legislation for the
present, but agree to the principle of legislation which
was to take place in 1842—the New Assembly was not to
meet till then. Now, he ( Sir Robert Peel) entertained
considerable doubt as to the propriety of the Imperial Par-
liament giving a pledge which was not to be redeemed till
1842.—( Hear, hear.) How could he foresee what might
occur in the meantime? How could he assent to the ab-
stract principle of a union without knowing the peculiar
grounds on which the two provinces might be connected?
Lord Durham's Report pressed strongly for the immediate
consideration of the question ; but upon the assumption that
the Government intended to propose actual legislation,
Lord Durham said, it would be very dangerous to ollow a
single session, or even the greater part of a session, to
pass away without a definite decision upon the part of the
Imperial Legislature as to the basis upon which it pro-
poses to found the future Government of the Canadas; and
that no time should be lost in repealing the 31st George
111., and re-constituting the Canadas as one province.
The Government, however, it would scan, had for the