The Sun.
London, England, 1838-02-09 00:00:00

he cmmission of his Noble Friend was executed; he gas
sent away to put them in possession of information as to the
state of matters there, the want of which, it was said, pre-
\ ented them from settling the question at present. How long
did they say Lord Durham was to be there for that enquiry ?
Two years. Two years, therefore, was the time, according to
the calculation of the framers of this measure, during which
the enquiry was to last ; and till the end of the two years the
Legislature of the mother country was not to be considered
competent to settle the question.
Lord GLE NEL G—That is the maximum.

Lord BROUGHAM continued.—His Noble Friend said
that two years were the maximum ; but when his Noble
Friend's dislike to rash proceedings was considered, every one
would feel that the maximum and the minimum were likely to
be coincident quantities.—(Laughter.) He should not be
surprised if the calculation of two years were found to be the
period which this mission would require. But what right, in
common justice, had they to punish the people for the offences
or the errors of a part? It was evident that the Executive
Council contemplated no such measures ; that was satisfac-
torily demonstrated by the extract which had been read by
the Noble Baron opposite. That negatived any auch sup-
position in express terms ; that said, Go thus far and no far-
ther. He would ask the Noble Baron whether, in his opinion,
this wa3 a measure that was likely to work the purpose of con-
ciliation ? The Government wanted no new light—they required
no information they did not already possess. Unhappily, they
knew by anticipation the fruits this Bill would be likely to
produce by the fruits of the resolutions of last May. If the
resolutions taking the power of the purse, seizing the strong
chest, and spoiliating the money of the Canadians, because
they, exercising the right we gave them, refused to give it
tip voluntarily themselves—if that produced, first discontent,
then disaffection, then revolt, and then actual rebellion—and
who would have the hardihood to deny that all these things
were the consequences of these refolutions ?—could it be
believed that this Bill—the resolutions were mere water
as compared to the drug which they were now commend-
ing to the same lips—could it be expected but that this Bill,
which carried the principle of these resolutions a thousand
times further—which sent out a Dictator with a Commission
to rule over them without a single representative, with-
out check or controul in the body of the colony—good God !
did any man profess to be sanguine enough, or unconscion-
able enough, to maintain for a moment that whereas the
former resolutions have occasioned revolt, the present
Bill—he would not use harsh language, nor would he pre-
tend to prophesy—the present Bill, of all measures, would
be found to pour balm into the wounds which were rankling
from the sore infliction of the resolutions of last year ? lie
.eliould be grievously disappointed if his Noble Fi lend ever pro-
ceeded to Canada on such a mission and with such powers_
with his hands so tied up as they were by the present Bill.
Grievously, however, as he should be disappointed if his Noble
Vriend consented to go forth upon such on errand, he owned
he should not be disappointed at all, though he must feel hurt
—as who would not?—if the consequences of the measure with
which they were following up the resolutions which began and
produced the mischief were such as they would all have occa-
sion most deeply to deplore. The Bill seemed framed as if
to prevent his Noble Friend from exercising any power. He
would give them an accurate sketch 0* the measure. His
Noble Friend was to make laws in a Council of his own
choosing—lie wax to make laws for the colony, but those laws
were only to be such as the Canadian Assembly, whose func-
tions were suspended, would have been entitled to make if this
Bill had not passed. One of the restrictions on the power
of the Assembly, a restriction imposed by the Act of
1791, was, that no law could be made by the Colonial
Legislature which was repugnant to or inconsistent with
the Act itself. Consequently here was one fetter—his
Noble Friend could not make any law not consistent
with the Act of 1791. He presumed that these provisions
of the Bill were intentional. Ile knew that it had received
the consideration of' a most accurate and experienced lawyer ;
and with the professional resources at the command of the Go-
vernment, lie had no dou'et they had taken care that the Bill
was so framed as to accomplish the objects which they had
in view. But that was not all ; his Noble Friend was not
allowed to make any law that trenched on any Act of the Im-
perial Parliament or any Act of the Canadian Legislature,
nor had lie the power of repealing or altering any Act of Par-
liament. Their Lordships would recollect the lumping de-
set iption of the powers of legislation which his Noble Friend,
the first time he addressed their Lordships on the subject, in-
formed them lie was to possess; he professed that he was to
enjoy an extent of power such as had never before been heard
of ! but he ( Lord Brougham) doubted if ever a man was sent
before on such a mission with such restrictions. Very little
was done to empower him, but much to tie up his hands. The
measnre went into the most trifling particulars. It contained
provisions as to many constitutional and original changes, as
to the right of voting, and even as to the divisions of unions
of parishes, counties, and other districts ; all these things
were to be deducted from his Noble Friend's unlimited powers;
and he was so tied down to the small narrow sphere to whic
lie had already directed the attention of their Lordship
Tice laws and ordinances made by this: new Governor wee
as it appeared, to remain in force till the year 1842 ; b
supposing ;hat it wa.s permitted to the Canadian, to revive
their Assemblies in 1840, what would be the relative position
of the Governor and the revived Assemblies ? Was it to be
permitted to the Assemblies to repeal or alter the laws
and ordinances made by the Governor in the two years? He
had carefully read time Act, but had been quite unable to form
any clear opinion whether those laws and ordinances might
be repealed or altered by the Assemblies when they came
into life again, but it should seem that the intention was that
they should remain in force till 1842. The Noble Lord op-
posite had entered at great length into the subject of colonies.
in reference to their advantages in a commercial point of
view. This was a subject to which in early life he ( Lord
Brougham) had paid very close attention, and it had always
been his opiniA{ that the system of colonizing was highly
favourable to commerce. He held the planting of colonies to
bet in the highest degree politic and wise in a commercial
State, not merely in times when all other nations were doing
the same thing, or adopting an exclusive system, and prevent-
ing you from commerce with their colonies, but at all times as
an outlet for, a stimulant to, industry. And when, as in the
course of things would always happen, the time arrived when
the colony became capable of standing by itself, became fit for
the task of self-government, became as able to do without
your help as you without them, then it was that the mother
country reaped the richest reward of its former pains and anx-
. iety in the possession of a natural ally, a natural market, in a '
people who want what you have for superfluities, while you
want what they have in superfluities, the best definition of all
others of a profitable market, a people having the same blood
and origin, the same constitution and laws, the same language,
and the same manners, more or less. A colony thus separated
in the natural course of things became of inestimable value—
helping the mother-country infinitely more in its new position
than it had ever done before, as had been exhibited in the in-
stance of our vastly-increased commerce with the United
States in its independent capacity. But the advantages to be
derived from a separated colony mainly depended on the tem-
per of mind, the tone of feeling in which you quitted part-
nership with them. If that feeling were one of animosity—
of resentment for wounds unhealed—of injuries unredressed—
of insults unatoned for, then you could expect in them neither
an ally nor a customer.
Viscount MELBOURNE was perfectly ready to admit
that it was never too late to stop short of injustice ; and most
assuredly, if it could be proved that the charge cf injustice
-was attachable to the Bill now waiting its third reading, he
should think it by no means too late to pause in the career
on which they had entered, or at once to alter his course.
—( hear, hear.) But unless it were proved to be an unjust
measure—unless it were unanswerably shown that what they
were going to do was, as it had been over and over again
characterised by the Noble and Learned Lord, iniquitous and
incpolitic—their Lordships would hardly deem it consistent
with the interests of this great empire, or tending to have
a good effect upon that which was now taking place in Ca-
nada, now, at this moment of time, and at this season of the
Bill, to stop short and refuse to proceed with a measure
which had received the sanction of an overwhelming Majo-
rity in the other House of Parliament, and had arrived at
its last stage in that House without a dissentient voice
hitherto raised against it, except that of the Noble and Learned
Lord, until suddenly a new objection which had been raised on
somewhat new grounds, had sprung up on the present occa-
sion. He ( Lord Melbourne), however, could not but con-
sider that all those who had enlarged so much upon the
dangers arising from past delays must at once acknowledge
that government would fail greatly in its duty if it now con-
seated to alter its well-considered course in a matter of such
Nast importance, and to which the eyes of all persons, whether
in America or in England, were anxiously directed.—( Hear,
hear, hear.) So far from being chargeable with injustice, the
measure now before their Lordships appeared to him as tho-
roughly consistent with every principle ofjustice as any he had
ever known, and that it was a just and necesary measure was
clearly shown in the speech, and by the facts stated and ad-
mitted in the speech of the Learned Gentleman who had ap-
peared at their Lordships' bar as the advocate of the Canadians.
—( Hear.) That speech was one of considerable power, of
.considerable talent and eloquence, an eloquence, indeed, not
aaf the most soothing, or winning, or persuasive character, or
'best calculated to move the favourable feelings or win the
atffections of those who heard it—hut it was at the same time
altogether the speech of an advocate—( Hear, hear)—omitting
all enlarged views of the subject, and exhibiting only those
narrow principles upon which he founded his case. The
Learned Gentleman had gone through various statements of
he laws made, the proceedings adopted by the Assembly of
.Lower Canada, but he had omitted to make mention of any of
those circumstances which rendered it impossible that the
wishes of the Assembly could be carried into effect. But the
Learneei Gentleman had admitted it to be quite true, as had
been stored in the resolutions of the Imperial Parliament, that
the Housx of Assembly had refused the supplies. The Learned
Gentlem.tra had most readily admitted, over and over again,
that for 1 wt ' years, "only for two years," the Assembly had
refused supplies, speaking of it as if it were nothing that for
two whcile yeas the entire course of public business should be
stopped, the anministration of justice prevented, the salaries
of the judges anti other civil officers refused, the means of edu-
cation withheld, ;the roads unrepaired, the whole service of the
colony, in short, unprovided for ; as if this were a matter of
no sort. of importance, and of which no notice was to be taken.
The I,earned Gentleman's condemnation of the LegLegislativeComl. "il was one in which, on tile sound general principle,
he (\ iscount Melbourne) must concur; but the Constitu-
tion i reposed by the Learned Gentleman at the conclu-
sion of his speech went to give entire independent power
to the _Legislative Assembly, as at present constituted.
It saw. clear, however, even on the Learned Gentle-
men's inv.a showing, that the present state of things in
Caned a cc uld not go; on, and that it was essential for some
measur es to• be taken for the better administration of the Go-
vernme at of the colony ; and the most advisable preliminary
step op/ teased to be that which had been determined on—to