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

SHERIFFS' EXEMPTIONS BILL.

The NOBLE MARQUIS having laid upon the table pa-
pers containing statistical information, moved the
committal of this Bill, and introduced certain amendments,
one, including in the exceptions, militia officers actually
on service before the close of the war in 1815.
THE IMPRISONMENT FOR DEBT ACT
AMENDMENT BILL.

On the House resuming this Bill was reported.
CANADA GOVERNMENT BILL.

The Marquis of NO RMANB Y then rose, to move the
committal of this Bill. In doing so he said he was
anxious to confine himself as much as possible to the
object of the Bill, not only because convinced of the
importance of the Bill itself, but because he felt that
he should only be discharging half his duty, in merely
endeavouring to induce their Lordships to agree to the
Bill, if he did not at the same time endeavour to have it
passed with as much of unanimity as possible. He
should try to avoid in what he had to say references to by-
gone differences; nor did he feel it necessary to detail
future plans for the permanent government of the Colony.
But at the same time, their Lordships might expect that
before he sat down he should say a few words as to the
intentions of her Majesty's Government, and particularly
after the Royal message, that he should give the reasons
why those intentions had changed. He again repeated
his conviction, that this measure was of vital importance.
The disadvantages felt under the suspension of the re-
gular government of Canada, however odious it might be,
had not arisen merely from the unconstitutional character
of that Government, but also from its inefficiency, if not
for the objects originally contemplated, for those which had
in the progress of time, naturally arisen. The suspension
of a Constitution would be felt by their Lordships,
as by himself, an evil of great magnitude. It was one
which could only be justified by the extraordinary circum-
stances of a case, in which popular opinion had been found
inconsistent with public safety—a state of things which
no doubt partly arose from a diseased condition of the
public mind, owing sometimes to temporary excitement, at
other times from a malformation in the elements of so-
ciety—evils receiving, in the present case, additional ag-
gravation from the difference of races. It was to be
trusted, however, that their Lordships would not allow the
odium of a suspension of constitutional government to
incline them to make the temporary Government ineffi-
cient for good, from an apprehension of the probability, or
the possibility, of its being in certain cases powerful for
evil. The Bill was brought in last year under peculiar
circumstances—after the suppression of one insurrection,
and in the expectation of another. It was then the object
of the Legislature to form some body which should, in
such an emergency, act in conjunction with the Governor.
But the powers confided by that Bill were made, as far as
possible, weak in their exercise, and limited in the range
of their operations. The number of the Special Council
was to be limited to five ; the duration of the Acts passed,
to November, 1842. There was no power to levy taxes,
or even rates, of a local nature, and no Acts were to be
passed inconsistent with any British Act. Now in the
operation of that Act great practical inconvenience had
been felt, especially in the absence of an efficient power
of legislation for general interests, which in many
ways must necessarily prove injurious to the colony. The
Act certainly had been introduced only for a temporary
purpose, and it had been deemed desirable to effect certain
changes, calculated to create more confidence in the Spe-
cial Counsel. First it was proposed that the Members of
the Special Council should be increased to twenty, eleven
to be a quorum. Next, that a more permanent character
should be given to their acts. Sir J. Colborne had pointed
out a great variety of Ojeetts of social improvement, local
benefits, and police regulations, for which it was very
desirable to provide means of legislation. One point was,
the vesting the Council with the power of raising loans,
for such improvements, which had been recommended by
the Noble Earl ( Durham). These alterations it was hoped
would render the Council more satisfactory in the pro-
vince. It was unnecessary foe him to allude more parti-
cularly to the subjects to which this measure applied.
There were two in particular which showed the importance
of a better and more permanent legislation in Canada.
One was that of the abolition of the local tenure of
Montreal—a point of the utmost importance, and to
which ho believed almost all were ready to ac-
cede ; and the only difficulty, that had existed
in reference to it was, that any enactment of the Special
Council on the subject would be limited to three years.
The next was that of the Registration, which had occu-
pied the attention of the Assembly of Lower Canada for
some years, and to the principle of which there would be
no objection. It could not fail to be felt as a great evil
that the tenure of land should be affected by a title of Re-
gistration that might only last for three years. There was
one provision here, however, which could not fail to render
the enactment less objectionable, and that was, that no
law should be permanent unless laid before both Houses of
Parliament. As to the next provision—the power of tax.
ation—he felt as much as any one the great evil that would
be l.kely to arise from the establ;sbment of a power of ge-
neral taxation for general purposes, but the restriction now
placed on the Local Legislature extended to the levying
of tolls, raising loans for local purposes, the establishment
of schools, and so on. It had been said that these pur-
poses might be arranged for by an application of money
from the general funds of the Colony, but he was
sorry to say that the present state of the finance of Lower
Canada was very far from offering a hope that that would
be practicable. The inhabitants were desirous of having
this power, and if it were not grante'a and the country should
be left for another twelve months without the passing of a
measure to afford some relief, the interests of the country
might become permanently affected in a very serious man-
ner. The revenues had fallen ever since 1833, and the
balance in hand on the Ist of Jan. 1838, was only 5,3811.
There was another alteration proposed, and that related to
the qualification introduced by this Act by way of restric-
tion of the power of the Special Council to interfere in
any respect with any British statute introduced into the
Colony.
.He spoke with considerable difficulty on this part,
as he was not present last year when the discussion took
place on this. He however believed the original intention
was not exactly understood. It was construed in the cola-
nies to mean an interdiction on the part of those in the
colonies to interfere with the criminal code of the country.
It was supposed that the Special Council had not the
power to suspend the Habeas Corpus Act. It was so
construed by two of the Learned Judges, and who (as we
understood the Noble Marquis, who spoke on this occa-
sion in a manner in which it was certainly extremely diffi.
cult to understand) the Governor had suspended from their
functions. However no measure was to be permanent of
the Special Council until it had been laid before Pulls..
ment.

Lord LYNDHURST said the Bill did not require
that any measure was to be laid before Parliament. Par-
'lament was to hrve nothing to do with it.
Tha Marquis of NORMANBY said that the Bill
enacted that any measure to be passed should require, to be
permanent, to have her Majesty's sanction, and that
nothing altering the law affecting the tenure of land should
have effect until it was confirmed by Parliament. He
should now say a few words upon the intention of her Ma-
jesty's Ministers, in proposing a measure of a more per-
manent nature, and he should take this up from the com-
mencement of the present Session, when he became per-
sonally connected with these matters. At the commence-
ment of the Session his Noble Friend ( Earl. Durham) laid
on the table his Report. That Report was a most able
production. It pointed out many of the evils that his
Noble Friend found to exist there, and presented to their
ET)rdshiptsmany novel recommendations.: He could not
but express his opinion that it was a Report that ‘abounded

in merit; and it required the serious consideration of her
Majesty's Government. There was, however, one theory
of his Noble Friend which he could not concur in ; and,
that was as regarded_ a responsible Government.
thought it was impossible that en' popular Government
should be coestrutted pi-4eflY 'unless the executive 90..
vernitent 9liotilu be brought as much as possible into
harmony with the legislative body of a popular character,
whenever it should be established. He could net, with his
Noble Colleagues, hit upon any principle upon which he
could apply the theory of his Noble Friend. As to how a
permanent Government could be adopted in Lower Ca-
nada there seemed to be but three modes, two of which
were decidedly objectionable. The other was that of a
union of Lower with Upper Canada. They were, how-
ever, not in possession of the means of giving effect to that
immediately. It was expected they would have been in
that situation, but subsequent Information from Upper Ca-
nada showed that an agreement to that would have to have
been coupled with such conditions as would have deprived
the union of that fair character, without which it would
not have been desirable to make it.--( Hear, hear.)
However, as his Noble Friend was about to propose a mea
sure, a despatch from Upper Canada arrived, bringing in.
telligence to the effect that the resolutions of the House
of Assembly and other indications showed that the public
was in a very excited state, very little calculated to insure
proper consideration for such a subject. Sir G. Arthur stated
also that the excitement pervaded not only the Legisla-
tive body, but all the inhabitants of the province. True,
many persons had thought that the present Legislative
Assembly of Upper Canada did not strictly represent the
public feeling. Still, as long as they were a constituted
authority, they (the Ministers) thought they were entitled
to defer so far to them as not to continue to press their
proposed measure in Parliament, while it was not certain
that the measure was sure of decided support; and while
they were not in possession of that information from the
colony which would justify them in enforcing their views.
The Government had been taunted on this subject ; it had
been said, but more in joke than in earnest he was certain,
that it was not not the intention of Government to legislate
for that country until the year 1842, But such never was
the intention of the Government. But the Government
thought if the Act passed this year there were many de
tails requiring local consideration, for which there ought
to be an interval allowed—and there should be also
allowed an interval to permit Lower Canada to acquire
that social condition that would render more easy her
amalgamation with Upper Canada. Many persons who did
not understand these circumstances were continually cry-
ing out, " Settle the question." Those parties again dif
fered from each other in the measures they would propose.
Some would restore the original Assembly of Lower Ca-
nada ; others were for annexing the Island of Montreal to
Upper Canada ; others would substitute a representative
form of Government, which, however, would be no bona
fide representation ; others again would strictly recognise
the form set forth in the resolutions of the Government. It
was evident that amidst such a conflict of opinions nothing
satisfactory could be done, and in the mean time the Go-
vernment wanted accurate information from Upper Ca-
nada. The Government thought it better, therefore, to
postpone their plan of union for more favourable times.
Having laid aside, for the present, the permanent scheme,
be hoped their Lordships would amend the provisions of
this Bill for correcting the deficiencies of the former Act,
and for promoting industry, protecting property, and encou.
raging and maintaining order in the colony. He (the Noble
Marquis) now trusted he had said enough to satisfy their
Lordships why the Government had postponed one mea-
sure and introduced another. He trusted they would give
the present Bill their favourable consideration. That
would not prevent the speedy consideration of a perma-
nent settlement, for, as their Lordships would see by the
limited period for which the measure was framed, they
must propose another Bill early next Session. The object
now was, as he had said before, to establish Lower Canada
in that safe and protected social state in which property,
industry, and order should be secured, and the people
made fit to participate in the advantages of a restored
Constitution.

Lord BROUGHAM said, that although in the various
discussions which had already taken place on this Bill he
had at some extent expressed his views, he must once
more endeavour to explain his sentiments to their Lordships.
But now they were in a very different situation from that
in which they were last Session, and there would not be
the slightest inconsistency in the conduct of the House or
of individual Members, if those who differed from him last
year should now adopt those views of the principal clauses
of the Bill to which, after mature consideration, he had
come himself. According to the statement of the Noble
Marquis the subject divided itself into two branches—the
conduct of the Government, and the manner in which the
Ministers had dealt with this great question from the be-
ginning of the Session until the present hour ; and next.
that particular measure which was the only result—the
only fruits—of the long continued deliberations which they
must have devoted to the subject. He (Lord Brougham)
deemed it absolutely necessary to advert to those two
heads also, because the Noble Marquis had spent no
little time in stating the grounds on which he thought he
could defend his conduct, but also because he thought the
Ministers of the Crown had not done their duty respect.
ing this question to the Crown itself, to the province, to
the country, to the Parliament.—(Cheers.) Therefore
before he (Lord Brougham) came to the measure itself, he
thought it his duty to lay before their Lordships what he
took to be a grave charge against the Government, for tho
manner in which they had dealt with this most important
question. He (Lord B.) indeed could not wonder that
the Noble Marquis had made a remarkably temperate
speech—that he had been most solicitous to avoid all un-
pleasant retrospects—(Laughter)—to shun all controver-
sial topics—(Laughter)—that he was most anxious to evade
and eschew anything that was like to be made a charge,
until he could at least see that, by a recrimination, would
work out a defence of those who were now on their trial.
No wonder, indeed, that the Noble Marquis was most de-
sirous to avoid a retrospect, when that retrospect was to
speculate on their own conduct.--(Hear, and laughter.)
Therefore, though he prized the speech of the Noble Mar-
quis for being temperate and calm, he could not also give
him the praise of disinterestedness of motives.--( Hear. )
He (Lord Brougham) would also, if he could, avoid a
retrospect, and would confine himself to the measure be-
fore their Lordships, and God knew that would be more
than enough to engage his attention, seeing it was a mea-
sure that, if it were to pass—though he would prophesy it
would not—would require a great deal of time from him
to express the multitude of arguments and feelings that in
his mind bore against it. But he must refer to the order
of time to show how the province, the country, the Par-
liament bad been treated by the Ministers on this ques
tion, and if the Noble Marquis could defend his conduct,
and if his colleagues could defend their conduct, he was
a more able man, and they were more lucky men, than he
(Lord B.) took them to be. The last Session of Parlia-
ment was signalised by two great features. Those were
the absolute failure of all the motions he (Lord B.) had
submitted to the House for obtaining the interposition of
the Mother Country in behalf of the emancipated slaves
in the West, and of our fellow-countrymen in the East, the
Hill Coolies, who were dragged from one hemisphere
to another to toil out their existence in hopeless slavery,
to the disgrace of the people of the West. But all inter-
position was refused. The pestilential slave traffic in the
Hill Coolies was suffered to go on in the manner which
his Noble Friend had given uncontradicted samples of the
other night. But Parliament had refused to interpose or
to stretch out a saving hand. This was one great feature
of the last Session. The next great feature was the uni-
form favour--the alacrity even anticipating the request-
- with which their Lordships had acted when their assistance
was asked with respect to Canada. When Parliament was
asked to suspend the Constitution of Canada, to stop the
Representative Parliament, to annul the representation,
against the unanimous desire of the people of the province
—for they desired to avoid a dictatorship, and t 3 have a
Government on a parallel with ours, founded on King,
Lords, and Commons—the demand was granted at
once.—( Hear, hear, hear.) But perhaps their
Lordships and the other House thought they were
bound by the absolute necessity of the case to agree that
a Constitutional Government should be superseded by an
absolute one. Upon this view of the case, out of the in-
ferences that were deducible from it, upon the grounds
upon which their conduct rested, he thought their Lord.
ships were bound to look with a most watchful and scru.
tiniziag eye upon the acts of those Governments who were
entrusted with such large powers. Further, it was the
duty of a Constitutional Government not to lose a moment
in resuming a Constitutional Government the very day

after—nab-the very minute after the necessity should have

subsided," which alone was the justification" of that ex-
traordinary measure. Accordingly, when Government
met Parliament in February, alive to this duty, the Go-
vernment took care that in the speech from the Throne
to the Parliament, Parliament should be called upon to
direct its immediate attention and forthwith exercise its
wisdom in the consideration of this important question.
Several months have passed. The Noble Mar
quis admitted it was not until the month of
June that news had arrived from Canada to in-
terrupt the course of those measures which they
were undoubtedly preparing for that province.
The Noble Marquis dated from the month of June. That
was one reason why he (Lord B.) bad told their Lord-
ships that he should contrast duties with their conduct, in
order to substantiate his charge. The Noble Marquis
stated that it was not until June that any intelligence had
crossed the Atlantic to alter, interrupt, or modify their
proceedings in regard to Canada. But what became of
February ? Had March fallen out of the annals ? Had
April ceased to hold its wonted place in the calendar?
Did May no longer appear in the history of the Session ?
February, March, April, and May were all suffered to
elapse before the Noble Marquis could venture upon a
vestige of an excuse for the inaction of the Government,
or an explanation for their delay in allowing four months
to elapse before they took a single step to redeem the
pledge which they virtually gave, when Government,
through the mouth of the Queen, required Parliament to di-
rect their most serious attention to this question ; and
they had obtained a promise to that effect in the address which
Parliament had sent to the Throne in answer to that Royal
speech.—( Hear, hear.) But this was not all. On the
3d of May a message from the Crown requested Parlia-
ment to direct its attention to the subject without further
delay. Then, indeed, it was to be supposed that Govern-
ment had some measure in contemplation. If that was
not the case, he had never read in the history of vacilla-
tion and imbecility of such a thing as a Government having
made the Crown send a message to Parliament. having no
measure to follow up the message with. —( Hear, hear,
hear.) Had not the Government considered Canadian
ati.dirs in the months of October, November, December,
and January. Why, Canadian affairs were then the sub.
ject of general discussion. His Noble Friend the Governor-
General (Lord Durham) arrived and laid before the
Government and. the Pqrliament and the country, a
Report displaying great ability, great resources, and deep
skill, and exemplary assiduity. This Report was certainly
what the lawyers would call a notice. And he was sore
there was not a Minister nor an under Minister of the Ca-
binet, who had not almost by heart every paragraph in
the ample report of his Noble Friend. • Yet February,
March, April, and May, passed away. But when the
Message from. the .0 rchitokarrind. on tkt,e,mAy.
;.would have thought that before many days, out of respea